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                   FEDERAL COMMUNICATIONS COMMISSION
                        WASHINGTON, D.C. 20554


                               May 16, 1996


      IN REPLY REFER TO:
                    1800B2-DEB

Bruce N. Quinn
RR 5 Box 12
Monticello, IN 47960

William M Deibel                 
c/o Amelia L. Brown, Esq.
Haley Bader & Potts, P.L.C. 
Suite 900
4350 North Fairfax Drive
Arlington, VA  22203-1633

     In re:    WNJY(FM), Delphi, IN
       BMPH-950712IH  
             Petition for Reconsideration

Dear Petitioner and Applicant:

This concerns the petition for reconsideration filed January 11, 1996, by Bruce N. Quinn
("Quinn") and an opposition to the petition filed January 23, 1996, by William M. Deibel
("Deibel").  Quinn seeks reconsideration of the staff's December 8, 1995 action granting
Deibel's request for waiver of the Commission's main studio rule, 47 C.F.R. § 73.1125. 
(Letter from the Acting Chief, Audio Services Division, to Amelia L. Brown, Esq., dated
December 8, 1995).  For the reasons stated below, we will dismiss Quinn's petition for
reconsideration.

Standing to file a petition for reconsideration is conferred by Section 405 of the
Communications Act of 1934, as amended, and Section 1.106(b) of the Commission's rules. 
Specifically, a petition for reconsideration may only be filed by: (1) a party to the proceeding,
or (2) any other person aggrieved or whose interests are adversely affected by the action taken
and who, in addition, shows good reason why it was not possible to participate in the earlier
stages of the proceeding.  

To qualify as a party, a petitioner requesting reconsideration must have filed a valid petition
to deny against the application.  See University of North Carolina,  4 FCC Rcd 2780
(1989) and Gulfcoast Broadcasting, Inc., 8 FCC Rcd 483 (1993).   Here, Quinn was
precluded from filing a petition to deny against Deibel's minor change application because
petitions to deny may not be filed against such applications.(Footnote 1.)  47 U.S.C.
§§ 309(c)(2)(A)and 309(d)(1).  Since Quinn does not qualify as a party, he must
show that he is a person aggrieved or whose interests are adversely affected by the action
taken below.  Cloud Nine Broadcasting, Inc., 10 FCC Rcd 11555 (1995).  In this
regard, Quinn must state with particularity the manner in which his interests are adversely
affected.  See In the Matter of License Renewal Application of Dick Broadcasting
Company, Inc., 8 FCC 2d 3897 (1993).  When considering the standing of petitioners
seeking reconsideration, and the substance of their contentions, nonspecific, conclusory
allegations are insufficient, as are allegations of fact regarding matters which we cannot
officially notice or that are not supported by affidavits from persons with first-hand
knowledge of the facts alleged.  Univision Holdings, Inc., 8 FCC Rcd 3931 (1993).  

Quinn does not state with particularity the manner in which his interests are adversely affected 
and does not otherwise establish that he is aggrieved by waiver of the Commission's main
studio rules.  Additionally, he has not supported his allegations by affidavits from persons
with first-hand knowledge of the facts alleged.  As a result, he has failed to meet either of 
the two standards for filing a petition for reconsideration.   In light of the above, and since
Quinn raises no new matters not previously considered, reconsideration on the merits of our
action granting the main studio waiver is not warranted.(Footnote 2)  Cf. In the Matter of
Amendment of Section 73.202(b) Table of Allotments, FM Broadcast Stations, (Mount
Pleasant, Iowa), Chief, Policy and Rules Division, 10 FCC Rcd 12069, n.1 (1995).

Accordingly, for the reasons set forth above, and pursuant to Section 1.106(b) of the
Commission's rules, the petition for reconsideration filed by Bruce N. Quinn on January 11,
1996, IS DISMISSED.
     Sincerely,


     Linda Blair, Chief
     Audio Services Division
     Mass Media Bureau


Footnote 1: Since petitions to deny cannot be filed against minor change
applications, we treated Quinn's original pleading as an informal objection.  See 47 C.F.R.
§ 73.3587 of the Commission's rules.

Footnote 2:  Quinn continues to rely on matters that are not only irrelevant to
whether a waiver of our main studio rules is warranted, but that also lack specificity and
supporting affidavits from persons with first-hand knowledge of the facts alleged.  Briefly,
these allegations either go to representations allegedly made by the former licensee of WNJY,
concern matters that pertain to the original grant of the WNJY construction permit, and thus
are no longer subject to reconsideration at this late date, pertain to private disputes between
the licensee and other parties, or pertain to matters that are not within the scope of the
Commission's regulatory concerns.  Additionally, Quinn's asserted "new facts" are contained
in an attachment to his petition for reconsideration.  This attachment is captioned "Response
to Deibel's Reply dated November 29, 1995, in his Request for Waiver of Main Studio Rule"
and should have been filed during the early phases of this proceeding.  The "facts" contained
therein were obviously known to petitioner prior to the last opportunity he had to present such
matters for consideration.  Yet, Quinn has made no showing why he could not have presented
this material in a timely fashion.  In any event, given the general lack of specificity and
supporting affidavits contained in Quinn's petition for reconsideration, we determine that the
public interest would not be served by consideration of Quinn's conclusory allegations.  47
C.F.R. §1.106(c)(2).