Report No. MM95-16           MASS MEDIA ACTION                March 1, 1995


           BAHIA HONDA DENIED REVIEW OF ASSIGNMENT OF LICENSE OF
                       LPTV STATION W57BA, TAMPA, FL

     The FCC has denied Bahia Honda, Inc.'s application for
review of the Mass Media Bureau staff action which denied Bahia's
petition to deny, and granted the application to assign the
license of low power television station W57BA, Tampa, FL, from
Channel America LPTV License Subsidiary, Inc., to ZGS
Broadcasting of Tampa, Inc.  Bahia is the licensee of low power
television station W61BL, Tampa, FL.

     Bahia sought to deny the assignment alleging that Channel
America had never placed the station in operation; and had
misrepresented to the FCC the operational status of the station. 
Bahia asked the Commission to either cancel the license, or to
designate the assignment application for hearing.  Bahia's  
request was subsequently denied.

     In its application for review, Bahia argued that the
assignment application should have been set for hearing.  Bahia 
maintained that the staff resolved questions of credibility and
conflicting declarations in Channel America's favor.  Bahia
maintained that the conclusions drawn with respect to W57BA's
operation could only be made as the result of an evidentiary
hearing.

     Denying review, the Commission found that the staff's 
conclusion was fully supported by the materials presented.  As to
Bahia's allegation that Channel America had misrepresented the
operational status of station W57BA, the Commission held that the
duty to come forward with a showing of deception is particularly
strong where a misrepresentation issue is sought.  Since FCC
staff found insufficient grounds for determining that station
W57BA never went on the air, there was no basis for specifying a
misrepresentation issue.

     The Commission found no reason to disturb the staff's
ultimate determination that Bahia had failed to raise a
substantial and material question of fact that grant of the 


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assignment application would be inconsistent with the public
interest.  In addition, Bahia presented no new facts or argument
that would require the Commission to change that determination. 

     Action by the Commission February 24, 1995, by Memorandum
Opinion and Order (FCC 95-68).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact: Mary M. Fitzgerald at (202) 418-
1630.