Before the
                Federal Communications Commission
                      Washington, D.C. 20554
                               


In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No. 91-58
Table of Allotments,            )  RM-7419
FM Broadcast Stations.          )  RM-7797
(Caldwell, College Station      )  RM-7798
and Gause, Texas)               )
                                 

                             ORDER
                                
   Adopted:  June 1, 1999               Released:  June 4, 1999

By the Chief, Policy and Rules Division:

     1.  The Commission has before it the Motion to Consider Comments filed by Bryan
Broadcasting License Subsidiary, Inc. ("Bryan Broadcasting"), and an Opposition to Bryan
Broadcasting Motion to Consider Comments filed by Roy E. Henderson ("Henderson").  For the
reasons discussed below, we will accept the Bryan Broadcasting Supplemental Comments filed in
this proceeding on April 29, 1999, and afford Henderson ten working days from the release of this
Order to file additional Reply Comments. 
                                                                 
     2.  This matter emanated from the Order in Henderson v. FCC, D.C. Cir. 98-1372 (March
8, 1999) in which the U.S. Court of Appeals remanded this proceeding to the Commission. The
purpose of the remand is to afford the Commission the opportunity to evaluate a Second Supplement
to Application for Review filed by Henderson which was inadvertently not considered in the
Commission decision in this proceeding. 13 FCC Rcd 13772 (1998).  Thereafter, we adopted a
Request for Supplemental Comments in Response to Court Remand ("Request for Supplemental
Comments"), DA 99-673, released April 9, 1999.  The Request for Supplemental Comments was
adopted in order that the final Commission decision have the benefit of comment by the parties in
this proceedings. In response to the Request for Supplemental Comments, both Henderson and
Bryan Broadcasting filed Supplemental Comments and Reply Comments, and KRTS, Inc. filed
Comments.  However, Bryan Broadcasting did not serve Henderson with a copy of its Supplemental
Comments as required by Section 1.420 of the Rules and paragraph 5 of the Request for
Supplemental Comments.

     3.  In its Motion to Consider Comments, Bryan Broadcasting counsel conceded that its
failure to serve Henderson was a "regrettable omission."  Nevertheless, Bryan Broadcasting contends
that the public interest weighs in favor of accepting its Supplemental Comments and that Henderson
will not be prejudiced by favorable action on its Motion.  In Opposition, Henderson contends that
there has been no showing of good cause or any basis for special consideration which would warrant
acceptance of the Bryan Broadcasting Supplemental Comments.  For this reason, Henderson argues
that the appropriate action would be not to consider the Bryan Broadcasting Supplemental
Comments in this proceeding.

     4.  We will consider the Bryan Broadcasting Supplemental Comments.  Notwithstanding the
failure of Bryan Broadcasting to serve Henderson as required by our Rules, we continue to believe
that the final Commission decision in this proceeding and any judicial review of the Commission
decision should have the benefit of the Bryan Broadcasting Supplemental Comments and the Reply
Comments by Henderson.  Inasmuch as Bryan Broadcasting has now served Henderson with a copy
of its Supplemental Comments, we believe that ten working days is sufficient for Henderson to file
Reply Comments addressing the issues raised in the Bryan Broadcasting Supplemental Comments.

     5.  Accordingly, IT IS ORDERED, That the aforementioned Motion to Consider Comments
filed by Bryan Broadcasting License Subsidiary, Inc. IS GRANTED.

     6.  IT IS FURTHER ORDERED, That Roy E. Henderson and KRTS, Inc. may file Reply
Comments on or before June 18, 1999, directed to the aforementioned Supplemental Comments filed
by Bryan Broadcasting License Subsidiary, Inc.

     7.  For further information concerning this matter, contact Robert Hayne, mass Media
Bureau, (202) 418-2177.

                              FEDERAL COMMUNICATIONS COMMISSION


                              Charles W. Logan
                              Chief, Policy and Rules Division
                              Mass Media Bureau