$//MO&O, FM B/C SATS (Kingsville and Ingleside, Texas) DA 95-425  
$  $/73.202, FM Table of Allotments/$

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$///DA 95-425,3/7/95///$

                                           DA 95-425

                               Before the
                    FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C. 20554


In the Matter of

Amendment of Section 73.202(b),    )  MM Docket No. 88-257
Table of Allotments,               )  RM-6299 
FM Broadcast Stations,             )
(Kingsville and Ingleside,         )
Texas)                             )


                            MEMORANDUM OPINION AND ORDER 

Adopted: March 3, 1995             ;  Released:  March 13, 1995

By the Chief, Policy and Rules Division:

     1.  The Commission has before it a Motion for Waiver of
Automatic Stay filed jointly by Kingsville Radio Company,
licensee of Station KNGV(FM), Kingsville, Texas and Ohio
Broadcast Associates, proposed assignee of Station
KNGV(FM)("Petitioner").  The motion requests that the previously
granted upgrade in the allotment for Station KNGV(FM) no longer
be stayed under Section 1.420(f) of the Commission's Rules.  No
oppositions to this motion were filed.

     2.  Background.  The Report and Order ("R&O") in this
proceeding granted a rulemaking petition filed by Station KNGV to
substitute Channel 224C2 for Channel 224A at Kingsville, Texas,
and to modify the license for Station KNGV(FM) to specify the
higher class channel.  The R&O also granted in part and dismissed
in part a counterproposal filed by Roy E. Henderson, d/b/a
Spanish Aural Services Company ("SASC"), permittee of Station
KJIB-FM, Channel 224A, South Padre Island, Texas.  Specifically,
the R&O granted SASC's request to allot a new channel to
Ingleside, Texas.  The R&O also dismissed SASC's request to
substitute Channel 224C2 for Channel 224A at South Padre Island
and to modify Station KJIB-FM's construction permit to specify
the higher class facilities because the proposed allotment was
short-spaced to a vacant FM allotment in Mexico.    

     3.  Thereafter, the Chief, Policy and Rules Division, denied
a petition for reconsideration filed by Laser Communications,
Inc. ("Laser") the successor-in-interest to SASC, on the grounds
that the staff properly dismissed SASC's request to substitute
Channel 224C2 for Channel 224A at South Padre Island and that the
proposed site was technically deficient since it was located in 
water.  See Memorandum Opinion and Order, 8 FCC Rcd 6643 (1993). 
Subsequently, Laser filed an application for review, pursuant to
Section 1.115 of the Commission's Rules, requesting that action
in the above proceeding be reversed.  The filing of Laser's
application for review automatically stayed the grant of the
upgrade for Station KNGV(FM).  See 47 C.F.R.  1.420(f).  See
also Arlington, TX, 6 FCC Rcd 2050, 2051 n.2 (Comm. 1991).     

     4.  Motion.  Petitioner alleges that, in light of the stay
imposed on the substitution of Channel 224C2 at Kingsville, it
has been unable to upgrade Station KNGV(FM) as originally
proposed.  Petitioner further states that in order to avoid
conflict with the proposed San Padre Island upgrade and to
provide immediate service without the need to wait for the final
termination in the rule making proceeding, it had subsequently
attempted a one-step upgrade on Channel 223C2 for Station
KNGV(FM).  However, that application has been pending for over a
year and delays have occurred in obtaining Mexican concurrence
for the application.  In view of these circumstances and the fact
that the San Padre Island counterproposal has been dismissed
twice by the Commission staff, petitioner requests that the stay
be lifted without prejudice to the Commission's action on Laser's
application for review.  

     5.  Discussion.  As requested by petitioner, we will grant
its motion to lift the stay on the upgrade of Channel 224C2 at
Kingsville without prejudice to any action the Commission may
take on the application for review in this docketed proceeding. 
We believe that this action is warranted because of the seven-
year delay that petitioner has experienced in attempting to
upgrade the facilities of Station KNGV(FM) and its willingness to
proceed at its own risk subject to the outcome of the application
for review.  Moreover, our action is also based upon the fact
that petitioner has attempted to eliminate its conflict with
Laser's counterproposal by seeking a one-step upgrade for Station
KNGV(FM) on a different channel, but delays have occurred in
obtaining the required concurrence of Mexico.          

     6.  Accordingly, IT IS ORDERED, That the aforementioned
Motion for Waiver of Automatic Stay filed by Kingsville Radio
Company and Ohio Broadcast Associates, IS GRANTED to the extent
indicated above.

                          FEDERAL COMMUNICATIONS COMMISSION



                          Douglas W. Webbink
                          Chief, Policy and Rules Division
                          Mass Media Bureau