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

In re Application of            )
                                )
Rainey Rob L. L. C.             )  File No. BAPH-990125J5
(Assignor)                      )
                                )
and                             )
                                )
Dominant Communications  Corp.  )  
(Assignee)                      )
                                )
for Assignment of the Construction Permit of)
Station WRTM-FM, formerly WVYE(FM),)
Port Gibson, Mississippi        )

                  MEMORANDUM OPINION AND ORDER


   Adopted: October 7, 1999             Released:  October 14, 1999
                                 
By the Commission:

     1.  The Commission has before it a May 26, 1999 Application for Review filed by Evan Doss, Jr.
("Doss"), a former permittee of WRTM-FM.  Doss seeks review of an April 29, 1999 ruling by the Chief,
Audio Services Division, Mass Media Bureau, denying his March 5, 1999 informal objection ("1999
objection") and granting the above captioned application for an assignment of the construction permit of station
WRTM-FM.  Doss' 1999 objection was based entirely on his belief that an earlier informal objection filed on
September 24, 1997 against a prior assignment of the WRTM-FM construction permit from Eileen S. Bailey,
Trustee in Bankruptcy ("the trustee") to R & R Broadcasting, Inc. remained pending.  The staff denied Doss'
1999 objection because the allegedly pending earlier objection on which it was based had in fact already been
denied 15 months earlier on November 24, 1997.  There were no substantive issues raised in the 1999
objection.  
     
     2.  Doss repeats the same arguments here as raised in different proceedings involving previous
assignments of WRTM.  Specifically, Doss continues to challenge the involuntary assignment of WRTM-FM
from the Evan Doss Jr. Corporation to the trustee and the subsequent assignments of WRTM that preceded
the subject assignment application. Doss asserts that the staff failed to explain that he could have requested
Commission review of the previously granted assignments by filing Applications for Review within 30 days
of those staff decisions.  In addition, Doss raises new arguments for the first time in his Application for Review.
     
     
     3.  Even accepting that Doss, a former Commission permittee himself, did not know that he could file
timely Applications for Review of earlier staff decisions with which he disagreed, that lack of knowledge does
not confer upon him a right to challenge now decisions which have long been final.  The right to file an
Application for Review is clearly stated in our rules, 47 C.F.R.  1.115(a), as is the time frame during which
such pleadings must be submitted.  47 C.F.R.  1.115(d), 1.4(b).  Furthermore, pursuant to 47 C.F.R. 
1.115(c), Doss' arguments, raised for the first time in an Application for Review, will not be considered.  See
Opus Media Group, Inc., 11 FCC Rcd 15485 (1996) (denying Application for Review of license assignment
where a new issue was raised for the first time).
       
     4.  Accordingly, IT IS ORDERED that the Application for Review filed by Evan Doss, Jr., IS
HEREBY DENIED.  This action is taken pursuant to authority granted by Section 5(c)(5) of the
Communications Act, 47 U.S.C. Section 155(c)(5), and Section 1.115(g) of the Commission's Rules, 47 C.F.R.
Section 1.115(g).
     

                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Magalie Roman Salas
                              Secretary