Report No. MM-836      MASS MEDIA ACTION                      June 15, 1994

GRANT OF MODIFICATION APPLICATION FOR WBZO(FM), BAY SHORE, NY,    
                           UPHELD

     The Commission has upheld its staff's grant of an
application filed by Shore Media, Inc., licensee of WBZO(FM), Bay
Shore, NY, to change the station's effective radiated power and
has denied applications for review filed by Group W Radio,
Inc.(NY), licensee of station WNEW(FM), New York, NY, and WYNY-
FM, Inc., licensee of WYNY(FM), Lake Success, NY.

     WNEW and WYNY argued that grant of the modification
application should be reversed because it resulted in the
issuance of an authorization to WBZO with parameters that reflect
short-spacing under the current spacing rules.

     The Commission found that WNEW and WYNY's apparent
contention that the staff's grant of the modification application
in and of itself was violative of the Commission's spacing rules
was patently without merit.  The application did not at all
affect WBZO's spacing but was merely one for FCC authorization to
reduce power.

     The Commission agreed with the staff that WNEW and WYNY's
contentions were in actuality aimed at the 1990 grant at hearing
of the initial WBZO application for a construction permit.  Their
apparent contention that they did not have notice of that grant
was incorrect as a matter of law.

     In any case, the Commission said, even had WNEW and WYNY
timely challenged the initial WBZO application on grounds of
alleged spacing violations, WBZO would still have prevailed,
because that application and the amendments to it complied with
the applicable pre-BC Docket No. 80-90 spacing requirements.

     Action by the Commission June 10, 1994, by Memorandum
Opinion and Order (FCC 94-152).  Chairman Hundt, Commissioners
Quello and Barrett, with Commissioners Ness and Chong not
participating.
                                  - FCC -

     News Media contact: Rosemary Kimball at (202) 632-5050.
     Mass Media Bureau contact: Charles Jay Iseman at (202) 632-
6908.