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                         Before the
          FEDERAL COMMUNICATIONS COMMISSION
                    Washington, D.C. 20554

In re Application of                    )
                              )
Lakeshore Broadcasting, Inc.            )    File No. BPH-930119MB
                              )
For Construction Permit for a                )
New FM Broadcast Station on             )
Channel 229A at                    )
North Madison, Ohio                     )

               MEMORANDUM OPINION AND ORDER

                     Adopted:  September 15, 1998;  Released:  September 22, 1998

By the Commission:


     1. The Commission has before it an Application for Review filed on behalf of Lakeshore Broadcasting,
Inc. ("Lakeshore"), former applicant for a new FM station at North Madison, Ohio.    

     2. Lakeshore seeks review of a decision entered by the Office of the Managing Director denying  its
petition for reconsideration and reinstatement of its application nunc pro tunc.   Lakeshore's application was
dismissed for failure to remit its hearing fee in accordance with the deadline established in this proceeding.  In
its Application for Review, Lakeshore essentially reiterates the same arguments  considered by the Managing
Director, that the Commission should be required to provide broadcast applicants with personal or actual notice
of applicable hearing fee deadlines, rather than establishing such deadlines by public notice.  

     3. The Managing Director's decision was fully consistent with section 8(c)(2) of the Communications
Act, 47 U.S.C.  158(c)(2), and sections 1.1112(a) and 1.1116(a) and (b) of the Commission's implementing
regulations, 47 C.F.R.  1.1112(a) and 1.1116(a) and (b), which provide that absent timely filed fees,
applications are subject to dismissal.  Moreover, the Managing Director's decision was consistent with
Commission precedents that have considered and rejected the same arguments advanced by Lakeshore in its
application for review. See East Coast Communications Limited Partnership, 11 FCC Rcd 18221 (1996);
Macon Broadcasting, Inc., 8 FCC Rcd 8669 (1993) Gerald E. Davis and Jo Ann Dunn, 9 FCC Rcd 3016
(1994); see also AC Broadcasting, Inc., 10 FCC Rcd 3254 (1995); Public Notice, Fee Decisions of the
Managing Director (Letter to Mr. Hayes), 9 FCC Rcd 767, 774 (1994); Public Notice, Fee Decisions of the
Managing Director (Letter to Mr. Fitch), 9 FCC Rcd 356, 366 (1993); Public Notice, Fee Decisions of the
Managing Director (Letter to Mr. Weisbroth), 7 FCC Rcd 2414, 2422 (1992). Specifically, the Commission
has determined that the Commission public notices specifying hearing fee deadlines, as provided for under
sections 73.3573(g)(2)(i) and (ii), 47


C.F.R.  73.3573(g)(2)(i) and (ii), afford sufficient notice to applicants, and that, absent timely filed section
8 hearing fees, broadcast applications will be dismissed.    

     4. Lakeshore neither submitted a timely hearing fee, nor established good cause for waiver of the
hearing fee deadline.  See 47 U.S.C. 158(d)(2); 47 C.F.R.  1.1117.  We thus affirm the Managing Director's
decision dismissing Lakeshore's underlying application and will not reinstate Lakeshore's application on review. 

     5. ACCORDINGLY, IT IS ORDERED, that pursuant to 47 U.S.C. 154(i); 47 C.F.R.  1.115(g),
the application for review filed by Lakeshore Broadcasting, Inc. IS DENIED. 

                         FEDERAL COMMUNICATIONS COMMISSION



                         Magalie Roman Salas
                         Secretary