NEWSReport No. DC 95-43    ACTION IN DOCKET CASE             March 17, 1995

            FCC ADDRESSES ISSUES RAISED ON REVIEW OF PROCEEDING
                     FOR NEW FM STATION IN LOMPOC, CA
                          (MM DOCKET NO. 91-210)

     The Commission has addressed issues raised on review of the proceeding for a new FM
station on Channel 285A in Lompoc, CA. 

     Specifically, the Commission: 1) granted, in part, Lompoc Minority Broadcasters
Partnership's (LMBP) application for review; 2) dismissed the application of Lion's Share
Broadcasting; 3) reopened the record and remanded the proceeding to the Review Board to
determine whether LMBP made a material misrepresentation, or lacked candor, when it certified
in its application that it had reasonable assurance that its proposed transmitter site was available;
whether LMBP made a material misrepresentation, or lacked candor, when it certified in its
application that it had reasonable assurance of the availability of funds that it estimated it would
need to construct and operate its proposed station; and, in light of the evidence adduced under
the foregoing issues, whether LMBP is basically qualified to be a Commission licensee.

     Lion's Share and LMBP were mutually exclusive applicants for the Lompoc facility. 
LMBP sought review of the Hearing Designation Order which accepted Lion's Share's
application, and of the Review Board decision which granted Lion's Share's application on
comparative grounds.  In addition, Lion's Share sought a remand of the proceeding for
consideration of questions relating to LMBP's basic qualifications.

     The Commission found that Lion's Share's application was unacceptable for filing under
the FCC's "hard look" processing guidelines, and thus should not have been designated for
hearing. The Commission stated that although erroneous acceptance of Lion's Share's application
may have permitted it to devote substantial resources to the prosecution of that application, this
circumstance created no equities that warranted affirming the Mass Media Bureau's action in
designating the application for hearing.  The Commission stated further that it has consistently 
held that under the "hard look" processing guidelines,the ultimate responsibility to review an
application to determine its acceptability rests, not with the FCC's processing staff, but with the
applicant.




                                  (over)


                                   - 2 -

                                     
     The Commission stated that with the dismissal of Lion's Share's application, LMBP  is
the only remaining application for the FM station at Lompoc.  The Commission believes the
public interest would be best served by remanding the proceeding to the Review Board for
determination of LMBP's basic qualifications.  The Commission has delegated authority to the
Review Board to review exceptions to the Initial Decision in this proceeding.

     Action by the Commission March 13, 1995, by Memorandum Opinion and Order (FCC
95-111).  Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong.

                                   -FCC-     

     News Media contact: Patricia A. Chew at (202) 418-0500.