Report No. DC-2646 ACTION IN DOCKET CASE August 25, 1994 SYLVESTER, GA, FM PROCEEDING REMANDED TO ALJ (MM DOCKET 90-192) The Commission has remanded to the Administrative Law Judge (ALJ) the proceeding involving the mutually exclusive applications of Thomas W. Lawhorne and CAM Broadcasting, Inc., for a new FM station on Channel 271A at Sylvester, GA. The Commission earlier granted Lawhorne's application and denied CAM's, finding that CAM had failed to make a showing in response to a designated site availability issue. CAM ultimately filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit and on December 28, 1993, the court, finding that CAM had already adequately satisfied its required showing of site availability, returned this matter to the Commission for further proceedings. Lawhorne asked the Commission to remand for further hearings on basic qualifying issues previously specified against CAM but on which no hearing was ever held - abuse of process, financial qualifications and misrepresentation. Such matters could ultimately result in the denial of CAM's application and the concomitant grant of Lawhorne's proposal and the general freeze on comparative broadcast hearings permits the taking of evidence on already specified basic qualifying issues. Action by the Commission August 23, 1994, by Memorandum Opinion and Order (FCC 94-221). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Rosemary Kimball at (202) 418-0500.