Report No. MM 95-113         MASS MEDIA ACTION             December 1, 1995


         COMMISSION AFFIRMS GRANT OF ROBY CONSOLIDATED INDEPENDENT
                  SCHOOL DISTRICT'S APPLICATION FOR ITFS 
                          CHANNELS AT ROSCOE, TX

     The FCC has denied Highland Independent School District's
petition for reconsideration of the Commission's action which
granted the mutually exclusive application of Roby Consolidated
Independent School District for new Instructional Television
Fixed Service (ITFS) station on Channels A1-A4 at Snyder, TX.

     In its petition, Highland contended that the Commission
erred in granting Roby's application.  Highland contended that
Roby's application should be dismissed as unacceptable for filing
because certain provisions in Roby's excess capacity lease were
inconsistent with Commission rules.  Highland argued in the
alternative, that the mutual use of frequency offset techniques
would resolve any potential interference between the two proposed
stations thus allowing the grant of both applications.

     Affirming its decision, the Commission stated that Roby was
and is still qualified to be an ITFS licensee.  As the
application with the highest score under the Commission's
comparative selection procedure, Roby's application was properly
granted.

     With respect to the lease agreement, the Commission noted
that Roby responded to all of the questions set forth in its
application including the submission of a copy of its negotiated
lease agreement.  The fact that the agreement contained
questionable provisions related to Roby's legal qualifications. 
Such matters pertain to grantability rather than to the
acceptability of the application.  The Commission stated that
since adopting its current rules and policies governing ITFS
lease agreements, it has not viewed lease provisions that failed
to fully comply with its requirements as a fatal defect, but has
consistently allowed ITFS applicants to amend the lease
agreements submitted with their applications to bring them into
compliance with its rules.

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     Finally, Roby opposed Highland's proposal to use offset
techniques.  Thus, the Commission stated that even if it were to 
accept Highland's untimely amendment, its frequency offset
proposal could not be credited unless Roby voluntarily agreed to
employ a frequency offset technique, which it has declined to do.

     Action by the Commission November 20, 1995, by Memorandum
Opinion and Order (FCC 95-467).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.


                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact: Joyce L. Bernstein at (202) 418-
1645.