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                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

                                             IN REPLY REFER TO:
                                             1800B2, 8910-AJ

Vincent L. Hoffart, Senior
N. 1748 Lacey Street
Spokane, Washington 99207

     Re:  Informal Objection to Assignment of KHHO(AM), Tacoma, WA., File No.
          BAL-951124EB

Dear Mr. Hoffart:

     The staff has under consideration an informal objection filed by Vincent Hoffart
("Hoffart") on January 18, 1996.  On January 17, 1996, the staff granted an application to
assign the license for KHHO(AM), Tacoma, Washington from ECI License Company, L.P.
("ECI") to Southwave Wireless Communications, LLC ("Southwave") (File No. BAL-
951124EB).  See Broadcast Actions, Report No. 23658 (released Jan. 23, 1996).  On
February 20, 1996, Southwave and ECI filed oppositions to the informal objection. 
Hoffart filed a response dated February 26, 1996.  47 C.F.R.  73.3587 requires an informal
objection to a broadcast application to be filed prior to Commission action on the
application.  Accordingly, we dismiss as untimely Hoffart's informal objection.

     The informal objection was characterized as a petition for reconsideration when it
appeared on public notice.  Broadcast Applications, Report No. 23664 (released Jan. 31,
1996).  If considered as a petition for reconsideration, Hoffart's pleading would be subject
to dismissal because he lacks standing.  47 C.F.R.  1.106(b)(1) provides that a petition for
reconsideration of any action taken by delegated authority may be filed by a "party to the
proceeding" or a "person whose interests are adversely affected" by the action.  Hoffart is
not a "party to the proceeding."  Montgomery County Broadcasting Corporation, 65 FCC
2d 876, 877, n.2 (1977) (mere filing of informal objection insufficient to confer party status).

     When seeking standing based on adverse effect, a petitioner must "state with
particularity the manner in which [his] interests are adversely affected by the action taken." 
47 C.F.R  1.106(b)(1).  In the context of clarifying standing requirements under Section
309, 47 U.S.C.  309, the Commission stated that "a litigant must allege a threatened or
actual injury to himself . . . that is likely to be prevented or redressed by a favorable
decision."  NAB Petition for Rulemaking, 82 FCC 2d 89, 96 (1980) (emphasis added).  As a
resident of Spokane, WA., Hoffart cannot be accorded standing as a listener of
KHHO(AM), Tacoma, WA.  Office of Communication of the United Church of Christ v.
FCC, 359 F.2d 994, 1002 (D.C. Cir. 1966) (expanding the grounds for conferring standing
based on adverse effect to include listeners), rev'd on other grounds, 425 F.2d 543 (D.C.
Cir. 1969), reh'g denied, 425 F.2d 551 (D.C. Cir. 1969).  In his informal objection, Hoffart
alleges that a Southwave principal engaged in illegal activities and therefore that he lacks
the basic qualifications to serve as a Commission licensee.  He also contends that
KHHO(AM) is in violation of both the main studio rule, 47 C.F.R.  73.1125, and the
local public inspection file requirement, 47 C.F.R.  73.3526(d).  These allegations do not
demonstrate that Hoffart would be personally injured by or have a direct stake in the
outcome of our action.  Hoffart's "mere interest" in the parties to this application and
ECI's alleged rule violations are insufficient to confer standing.  See G&S Television
Network, Inc., 7 FCC Rcd 4509 (1992) (citing U.S. v. Students Challenging Regulatory
Agency Procedures, 412 U.S. 669, 687 & n. 14 (1974)).

     For the foregoing reasons, we DISMISS as untimely the informal objection of
Vincent L. Hoffart against the application to assign KHHO(AM), Tacoma, WA. (File No.
BAL-951124EB).

                              Sincerely, 



                              Linda Blair, Chief
                              Audio Services Division
                              Mass Media Bureau

cc:  ECI License Company, L.P. 
     Southwave Wireless Communications, LLC

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