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

In re Applications of                   )
                               )
ORION COMMUNICATIONS, LTD.     )   File Nos. BPH-870901ME
                               )          BMPH-930824IF
For Construction Permit for        )
FM Broadcast Station WZLS          )
Biltmore Forest, North Carolina           )
                               )
BILTMORE FOREST RADIO, INC.    )   File Nos.      BPIH-950707MD
                               )          BMPIH-961218IA
For Construction Permit for        )
Joint Interim Operating Authority         )
                                 

                             ORDER


   Adopted:  January 16, 1998           Released:  January 16, 1998


By the Commission:   Chairman Kennard abstaining.

     1.        On January 14, 1998, the United States Court of Appeals for the District of Columbia Circuit
entered its mandate reversing and remanding Orion Communications, Limited v. FCC, Case No 96-1430
(Slip Op., decided December 19, 1997) ("Orion").  By this Order, we take actions implementing the mandate
of the Court.
     
     2.        In Orion, the Court instructed the Commission to reinstate Orion Communications, Ltd.
("Orion") as the operator of a new FM Station on Channel 243A in Biltmore Forest, North Carolina, on an
interim basis.   On January 15, 1998, Biltmore Forest Radio, Inc. ("BFRI") filed with the Commission a
motion to stay our action pending court review of BFRI's Emergency Motion to Recall Mandate and Stay
Further Proceedings.   We have reviewed BFRI's motion and conclude that it does not meet the requisite
showing.  See Wisconsin Gas Co. v. FERC, 758 F.2d 669 (1985); Washnington Metropolitan Area Transit
Commission v. Holiday Tours, Inc., 559 F.2d 841 (1977); Virginia Petroleum Jobbers Association v. FPC, 
259 F.2d 921 (1958).  Accordingly, we hereby ORDER that BFRI's current authority to operate on Channel
243A in Biltmore Forest, North Carolina, as joint interim operator, IS TERMINATED and the authority of
Orion Communications, Ltd. to operate on Channel 243A in Biltmore Forest, North Carolina IS
REINSTATED.  
     3.        In order to ensure an orderly transition and uninterrupted service to Biltmore Forest, North
Carolina, we hereby, on our own motion, GRANT Special Temporary Authority ("STA") to Biltmore Forest
Radio, Inc. to continue to operate on Channel 243A in Biltmore Forest, North Carolina, until 12:01 a.m. on
January 17, 1998.  At that time, the STA hereby granted to BFRI shall automatically expire and Orion may
resume operations.    

     4.        Orion's authority to operate as interim operator on Channel 243A in Biltmore Forest, North
Carolina, will expire upon notification to the Commission that the successful applicant for permanent
authority for that frequency is ready to commence operations.

     

                              FEDERAL COMMUNICATIONS COMMISSION



                              Magalie Roman Salas
                              Secretary