NEWSReport No. DC 95-43              ACTION IN DOCKET CASE  March 20, 1995 

     THREE PLEADINGS OF CRISLER COMMUNICATIONS IN THE LAFAYETTE, LA,
                    FM PROCEEDING DENIED OR DISMISSED
                            (MM DOCKET 87-449)

     The Commission has denied or dismissed three pleadings filed by Crisler
Communications which at one time was one of 17 applicants for a new FM station at
Lafayette, LA.

     The proceeding was designated for hearing in 1987 and, under the rules then in
effect, each applicant was required to pay a processing fee within 20 days of the designation
order.  Failure to submit the fee was grounds for dismissal of the application.  However, the
rules permitted the applicant to seek a waiver of the fee if it could show "good cause" and
that the waiver "would promote the public interest."  An applicant that sought a waiver and
did not submit the fee at the same time could not submit the fee later if the waiver was
denied; it thus ran the risk that its application would be dismissed if it did not receive the
waiver.

     One month after filing its application, Crisler filed a petition for rulemaking
requesting that the channel for the Lafayette station be upgraded.  When the comparative
proceeding was designated for hearing and the hearing fee became due, Crisler sought a
waiver of the application fee, contending that if the channel allotment were upgraded as
requested, new applications would have to be filed for the station. Under these
circumstances, Crisler contended, the Commission should not collect the hearing fee.  Crisler
also asserted that the fee should be waived because of ongoing settlement negotiations among
the applicants.  Crisler did not submit the fee with the waiver request.

     Because the fee had not been submitted the Administrative Law Judge dismissed
Crisler's application, contingent on the decision of the Managing Director on the fee
question. Shortly after that the Managing Director denied the request for waiver of the fee. 
Crisler did not seek timely review of either ruling. 

     After complaining to the Managing Director that the applications should not have been
dismissed before the action on the fee waiver request, the Managing Director explained that
the ALJ's decision was conditioned on the resolution of the fee waiver request and therefore
did not abridge Crisler's procedural rights.  Crisler asked for reconsideration of this
explanation. 


                                  (over)

                                   - 2 -

     In the comparative proceeding, the ALJ approved a settlement agreement among the
remaining applicants and awarded the construction permit to an entity composed of those
parties, Lafayette FM Joint Venture.  Crisler asked for stay and reconsideration asking that
the proceeding be stayed until the fee matter was resolved.  The construction permit was
formally issued on October 31, 1988, and Crisler filed a second petition for reconsideration.

     The Commission said Crisler forfeited its right to participate in the licensing
proceeding since its application had been appropriately dismissed by the ALJ.  Because it
was no longer a party to the proceeding, its subsequent requests to stay and reconsider the
construction permit proceeding are without merit.   The Commission also found no reason to
reconsider its decision to upgrade the Lafayette FM channel. 

     Action by the Commission February 28, 1995, by Memorandum Opinions and Orders
(FCC 95-90, 91).  Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong.

                                  - FCC -

     

     News Media contact: Rosemary Kimball at (202) 418-0500.