Report No. MM 95-44          MASS MEDIA ACTION                 May 26, 1995

     
      FCC REAFFIRMS DISMISSAL OF RED ROCK BROADCASTING'S APPLICATION
                   FOR NEW FM STATION AT ST. GEORGE, UT

     The Commission has reaffirmed the dismissal of Red Rock
Broadcasting, Inc.'s application for a new FM station at St.
George, UT.

     Following the dismissal of its application by the FCC, Red
Rock appealed to the United States Court of Appeals for the
District of Columbia Circuit.  While the appeal was pending, the
FCC requested that the proceeding be remanded to the Commission
for further consideration.  The Commission stated that it was
seeking the remand in order to address more fully argument made
by Red Rock regarding the standard applied by the Commission to
assess Red Rock's request for a de minimis waiver of FM spacing
rules and the FCC's basis for denying the request.

     The Commission reiterated that the test of service for
purposes of obtaining a de minimis waiver is whether the proposal
will serve the public interest.  In determing whether the public
interest will be served, the Commission will consider service or
independent service to listeners who currently lack service, a
network service or independent service.  The Commission found
that a grant of Red Rock's application would not provide such
service and therefore Red Rock's showing was properly found
inadequate on that count.

     Moreover, the Commission stated that contrary to Red Rock's
contentions, the fact that Station KGMN, to which the Red Rock
proposal was short-spaced, neither pursued its upgrade nor
complained of the short-spacing which would warrant a grant of
Red Rock's waiver request.  The concerns of a licensee to which
the short-spacing is proposed are considered in evaluating the
sufficiency of an applicant's public interest showing.  In this
case, however, where the applicant has failed to make an
affirmative demonstration that a grant of its waiver request
would be in the public interest, the absence of opposition to its
proposal does not in itself justify a grant.


                                  (over)



                                    -2-

     The Commission noted that although retention of Red Rock's
application would provide the Commission with a choice of
applicants, this is not one of the public interest factors that
the FCC will consider in evaluating waiver requests.

     Action by the Commission May 2, 1995, by Memorandum Opinion
and Order (FCC 95-183).  Chairman Hundt, Commissioners Quello,
Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact; Robert A. Zauner at (202) 632-
6402.