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

In re Applications of           )
                                )
KQQK, Inc.                      )  File No.  BRH-970331XE   
                                )
For Renewal of License for      )
KQQK(FM)                        )  
Galveston, Texas                )            
                                )            
and                             )            
                                )            
El Dorado 108, Inc.             )  File No.  BRH-970331XD
                                )            
For Renewal of License for      )
Station KXTJ(FM)                )
Beaumont, Texas                 )


                  MEMORANDUM OPINION AND ORDER


   Adopted:  October 13, 1999           Released:  October 19, 1999 

By the Commission:

                         I.  INTRODUCTION

     1.   The Commission has before it an Application for Review filed on October 15, 1997, by
Christy Flynn ("Flynn") regarding the Memorandum Opinion and Order ("MO&O") of the Chief, Mass
Media Bureau, released September 15, 1997.  By that action, the Bureau dismissed Flynn's Petition to Deny
the renewal applications of Stations KXTJ(FM)/KQQK(FM).  Also before the Commission are the licensee's
opposition to Flynn's application for review, and Flynn's reply thereto.

                         II.  BACKGROUND

     2.   The MO&O concluded that Flynn failed to establish standing to file a petition to deny, and
consequently, dismissed her petition to deny.  Nonetheless, Flynn's pleading was treated as an informal
objection pursuant to Section 73.3587 of the Commission's Rules, 47 C.F.R.  73.3587.  Finally, the MO&O
found that there were no substantial and material questions of fact and that grant of the renewal applications
would be consistent with Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C. 
309(k).

     3.   Flynn's application for review contends that review of the MO&O is warranted.  Specifically,
Flynn suggests that she has met the requirements for standing and argues that she should have been accorded
standing.  Flynn also urges the Commission to condition grant of the stations' renewal applications upon the
outcome of her civil lawsuit.  

                         III.  DISCUSSION

     4.   We disagree with Flynn that the MO&O incorrectly denied her petitioner status.  To
establish standing as a "party in interest" a petitioner must "plead 'injury in fact' fairly traceable to the
conduct complained of and likely to be redressed by the requested relief."  Although she claimed that the
discrimination to which she was subjected and the economic injury she sustained make her a party in interest,
Flynn failed to specify how granting the renewal applications would injure her or how such an injury would
be redressed if the applications were denied.  Moreover, Flynn did not identify herself as a resident of the
stations' service areas and listener of the stations, also necessary to qualify her as a party in interest.  See
NAB Petition for Rulemaking, 82 FCC 2d 89, 98-99 (1980) as modified by Maumee Valley Broadcasting,
Inc., 12 FCC Rcd 3487 (1997), recon. pending.  Although the standard the Commission uses to evaluate
listener standing has been slightly relaxed since the Bureau issued its MO&O, CHET-5 Broadcasting, L.P.
(Assignor) and Crystal Communications Corporation (Assignee) for Consent to Assignment of WKNY(AM),
Kingston, NY; CHET-5 Broadcasting, L.P. (Transferor) and Crystal Communications Corporation
(Transferee) for Consent to Transfer Control of CHET-5 Broadcasting of Poughkeepsie, Inc., Licensee of
WRRB(FM), Arlington, NY, Memorandum Opinion and Order, FCC 99-4 (released June 17, 1999), Flynn
was not harmed by the application of the stricter standard in effect at the time since the Bureau considered
her contentions as an informal objection.  With respect to Flynn's discrimination complaint, the staff properly
decided this matter in a manner consistent with Commission precedent and policy, which provides that
individual complaints of employment discrimination generally should be resolved in the first instance by the
Equal Employment Opportunity Commission or other government agency and/or court established to enforce
anti-discrimination laws.  The Commission will, however, take cognizance of any final determination of
employment discrimination.  We thus uphold the staff decision for the reasons stated therein.  Inasmuch as
Flynn's pleading fails the standard for grant of an application for review pursuant to 47 C.F.R.  1.115, we
will deny Flynn's application for review.

                      IV.  ORDERING CLAUSES

     5.   Accordingly, IT IS ORDERED that the Application for Review filed October 15, 1997, by
Christy Flynn IS DENIED.

     6.   IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Order be sent
by Certified Mail -- Return Receipt Requested -- to KQQK, Inc., El Dorado 108, Inc., and to Christy Flynn.

                    FEDERAL COMMUNICATIONS COMMISSION


                    Magalie Roman Salas
                    Secretary