Report No. PR-98           PRIVATE RADIO ACTION               July 14, 1994


     COMMISSION AFFIRMS BUREAU ACTION REGARDING APPLICATIONS FILED BY 
          THE J.C. KEMMER TRUST FOR IVDS LICENSES IN NINE MARKETS

     The Commission has affirmed the Private Radio Bureau's
dismissal of a petition for reconsideration filed by Larry M.
Warner, Esq., trustee, on behalf of the John Calvin Kemmer, Inter
Vivos Trust (JCK Trust).  The JCK Trust is an applicant for
Interactive Video and Data Service (IVDS) licenses in one of nine
markets.

     Warner, on behalf of the JCK Trust, filed nine untimely IVDS
applications.  Warner also filed nine waiver requests seeking
exemption from the filing window requirements.  After these were
denied, Warner filed a petition for reconsideration on July 26,
1993.

     Concurrently, Warner sought the same relief in the IVDS
rulemaking proceeding; on May 29, 1993, Warner filed a petition for
reconsideration or clarification in that proceeding seeking
acceptance of the JCK Trust applications nunc pro tunc.  

     On July 23, 1993, a Public Notice was issued listing the
applications that would be included in the lottery.  The Public
Notice conditionally included eight JCK Trust applications in the
lottery pending final Commission action on the applications.  On
September 15, 1993, the IVDS lottery was held.  The numbers
assigned to the JCK Trust applications were not selected.

     Following the lottery, Warner's petition for reconsideration
relating to the denial of his waiver requests was dismissed as
moot.  Seeking review, Warner argued that the JCK Trust
applications were not included in the lottery of September 15.  He
asserted that a final FCC action was taken on his applications
after the July 23 Public Notice, and prior to the lottery because
a Commission order denying the requested relief in the rulemaking
proceeding was released September 3, 1993.

     Affirming staff action, the Commission stated that no
Commission action relating to Warner's application was final, as
defined by the Commission's rules, prior to the lottery.  The order
released on September 3, 1993, because final upon publication in
the Federal Register on September 16, 1993.  

                                  (over)

                                    -2-

     The Commission concluded that each JCK Trust application filed
for a market in which a lottery was held was fairly included in the
lottery, albeit conditionally.  Therefore, Warner's pending
petition for reconsideration was moot following the lottery.

     Action by the Commission July 8, 1994, by Memorandum Opinion
and Order (FCC 94-184).  Chairman Hundt, Commissioners Quello,
Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Private Radio Bureau contact: William H. Kellett at (717) 337-
1311.