Report No. MM 96-6 MASS MEDIA ACTION February 1, 1996 COMMISSION AFFIRMS BUREAU DECISION GRANTING HEARTLAND'S APPLICATION TO MODIFY THE FACILITIES OF KEZH(FM), HASTINGS, NE The Commission has affirmed a decision by the Mass Media Bureau which granted the application of Heartland Radio,Inc. for a construction permit to modify the facilities of Station KEZH(FM), Hastings, NE. In so doing, the Commission denied Central Nebraska Broadcasting Co.'s request for review of that action. Central is the licensee of KQKY(FM), Kearney , NE. Heartland sought to upgrade the facilities of station KEZH by moving to a higher class channel. Objecting to Heartland's request, Central contended that the transmitter tower, upon which Central also leases space, cannot safely support the addition of KEZH's antenna. Denying review, the Commission found that Central has failed to show that the tower was unsafe or that there was any other error warranting reconsideration of the Bureau's decision. The Commission stated that Central's similar arguments against Heartland's application for a license to cover the constructed facilities raised no substantial and material question of fact. Action by the Commission January 26, 1996, by Memorandum Opinion and Order (FCC 96-30). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Irene Bleiweiss at (202) 418- 2780.