**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 04-249         |
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| Amendment of Section 73.202(b),  | ** | RM-10999                     |
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| Table of Allotments,             | *  |                              |
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| FM Broadcast Stations.           | ** |                              |
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| (Yazoo City and Benton,          | *  |                              |
| Mississippi)                     | *) |                              |
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**NOTICE OF PROPOSED RULE MAKING**

**Adopted: July 7, 2004 Released: July 9, 2004**

**Comment Date: August 30, 2004**

**Reply Comment Date: September 14, 2004**

By the Assistant Chief, Audio Division:

1.  The Audio Division has before it a petition for rule making in which
    SSR Communications, Inc., licensee of Station WYAB(FM), Yazoo City,
    Mississippi, ("Petitioner"), proposes the reallotment of Channel
    226A from Yazoo City, Mississippi to Benton, Mississippi, as the
    community's first local transmission service, and the modification
    of the license for Station WYAB(FM) to reflect the changes.
    Petitioner pledges to file an application for the channel and to
    construct the facilities if the application is granted.

2.  Petitioner filed this proposal for reallotment in accordance with
    the provisions of Section 1.420(i) of the Commission's Rules, which
    permits the modification of a station's license to specify a new
    community of license while not affording other interested parties
    the opportunity to file competing expressions of interest in the
    proposed allotment.[^1] In considering a reallotment proposal, we
    compare the existing allotment to the proposed allotment to
    determine whether the reallotment will result in a preferential
    arrangement of allotments. This determination is based upon the FM
    Allotment priorities.[^2]

3.  In support of the petition, Petitioner states that its proposal will
    serve the public interest, it would result in a preferential
    arrangement of allotments, and meets the requirements for
    reallotment set forth in *Change of Community R&*O. First, the
    allotment of Channel 226A at Benton is mutually exclusive with the
    current use of Channel 226A at Yazoo City. Second, the community of
    Yazoo City, 2000 U.S. Census population 14,550 persons, would not be
    deprived of its sole local service.[^3] Third, the proposal would
    provide a first local aural transmission service at Benton, under
    Priority (3), which will result in a preferential arrangement of
    allotments over the retention of a second local transmission service
    at Yazoo City, which would serve Priority (4). Finally, our
    engineering analysis shows that the loss area would be 125.2 square
    kilometers with a population of 562 persons, and the gain area would
    also be 125.2 square kilometers with a population of 122 persons,
    for a net loss of 440 persons. We seek comment on the potential loss
    of service from this proposal and the public interest benefits of
    the change of community.

4.  In further support of the reallotment, Petitioner claims that Benton
    is a community for allotment purposes, that it is not in any
    urbanized area, and that its proposed 70dBu will cover less than 50
    percent of any urbanized area.[^4] In support of its community
    status, Petitioner states that while Benton is neither incorporated
    nor listed in the U.S. Census, its zip code, 39039, has 2,112
    persons, according to the Census. The U.S. Post Office associates
    zip code 39039 with Benton, and operates the Benton Main Post
    Office. Petitioner also claims that the community has a private
    school, large volunteer fire department, several churches and
    numerous businesses with Benton in their names.

5.  We seek comment on the community status of Benton The community is
    not incorporated or in the census. The zip code, 39039, is listed in
    the U.S. Census with an associated population of 2,112 persons,
    without designation to a community. There is no government, police
    department or other municipal services we normally associate with
    communities. We also seek comment on whether the proposal would
    result in a preferential arrangement of allotments.

6.  We believe that the proposal warrants consideration because it would
    provide Benton with a first local aural transmission service without
    depriving Yazoo City of its sole local transmission service. Channel
    226A has been proposed to be reallotted at Benton at a site 2.2
    kilometers (1.4 mile) northwest of the community.[^5]

7.  Accordingly, we seek comment on the proposed amendment of the FM
    Table of Allotments, Section 73.202(b) of the Commission's Rules,
    for the communities listed below, to read as follows:

    **[Channel]{.underline}**

    **[Community]{.underline} [Present]{.underline}
    [Proposed]{.underline}**

    Yazoo City, Mississippi 221A, 226A 221A

    Benton, Mississippi \-\-- 226A

8.  The Commission's authority to institute rule making proceedings,
    showings required, cut-off procedures, and filing requirements are
    contained in the attached *Appendix* and are incorporated by
    reference herein. In particular, we note that a showing of
    continuing interest is required by paragraph 2 of the *Appendix*
    before a channel will be allotted.

9.  Pursuant to Sections 1.415 and 1.419 of the Commission's Rules,
    interested parties may file comments or counterproposals on or
    before August 30, 2004, and reply comments on or before September
    14, 2004, and are advised to read the *Appendix* for the proper
    procedures. Comments should be filed with the Federal Communications
    Commission, Office of the Secretary, 445 Twelfth Street, SW,
    TW-A325, Washington, D.C. 20554. Additionally, a copy of such
    comments should be served on Petitioner, as follows:

    Matthew K. Wesolowski

    General Manager

    SSR Communications, Incorporated

    5270 West Jones Bridge Road

    Norcross, Georgia 30092-1628

10. Parties who choose to file by paper must file an original and four
    copies of each filing. Filings can be sent by hand or messenger
    delivery, by commercial overnight courier, or by first-class or
    overnight U.S. Postal Service mail (although we continue to
    experience delays in receiving U.S. Postal Service mail). The
    Commission's contractor, Vistronix, Inc., will receive
    hand-delivered or messenger-delivered paper filings for the
    Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
    Washington, D.C. 20002. The filing hours at this location are 8:00
    a.m. to 7:00 p.m. All hand deliveries must be held together with
    rubber bands or fasteners. Any envelopes must be disposed of before
    entering the building. Commercial overnight mail (other than U.S.
    Postal Service Express Mail or Priority Mail) must be sent to 9300
    East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service
    first-class mail, Express Mail, and Priority Mail should be
    addressed to 445 12^th^ Street, SW, Washington, D.C. 20554. All
    filings must be addressed to the Commission's Secretary, Office of
    the Secretary, Federal Communications Commission.

11. The Commission has determined that the relevant provisions of the
    Regulatory Flexibility Act of 1980 do not apply to a rule making
    proceeding to amend the FM Table of Allotments, Section 73.202(b) of
    the Commission\'s Rules.[^6]

12. For further information concerning this proceeding, contact
    Victoria M. McCauley (202) 418-2180. For purposes of this restricted
    notice and comment rule making proceeding, members of the public are
    advised that no *ex parte* presentations are permitted from the time
    the Commission adopts a *Notice of Proposed Rule Making* until the
    proceeding has been decided and such decision is no longer subject
    to reconsideration by the Commission or review by any court. An *ex
    parte* presentation is not prohibited if specifically requested by
    the Commission or staff for the clarification or adduction of
    evidence or resolution of issues in the proceeding. However, any new
    written information elicited from such a request or a summary of any
    new oral information shall be served by the person making the
    presentation upon the other parties to the proceeding unless the
    Commission specifically waives this service requirement. Any comment
    which has not been served on the petitioners constitutes an *ex
    parte* presentation and shall not be considered in the proceeding.
    Any reply comment which has not been served on the person(s) who
    filed the comment, to which the reply is directed, constitutes an
    *ex parte* presentation and shall not be considered in the
    proceeding.

    FEDERAL COMMUNICATIONS COMMISSION

    John A. Karousos

    Assistant Chief, Audio Division

Media Bureau

Attachment: Appendix

**APPENDIX**

1\. Pursuant to authority found in Sections 4(i), 5(c)(1), 303(g) and
(r), and 307(b) of the Communications Act of 1934, as amended, and
Sections 0.61, 0.204(b) and 0.283 of the Commission\'s Rules, IT IS
PROPOSED TO AMEND the FM Table of Allotments, Section 73.202(b) of the
Commission\'s Rules and Regulations, as set forth in the *Notice of
Proposed Rule Making* to which this *Appendix* is attached.

2\. Showings Required. Comments are invited on the proposal(s) discussed
in the *Notice of Proposed Rule Making* to which this *Appendix* is
attached. Proponent(s) will be expected to answer whatever questions are
presented in initial comments. The proponent of a proposed allotment is
also expected to file comments even if it only resubmits or incorporates
by reference its former pleadings. It should also restate its present
intention to apply for the channel if it is allotted and, if authorized,
to build a station promptly. Failure to file may lead to denial of the
request.

3\. Cut-off protection. The following procedures will govern the
consideration of filings in this proceeding.

\(a\) Counterproposals advanced in this proceeding itself will be
considered, if advanced in initial comments, so that parties may comment
on them in reply comments. They will not be considered if advanced in
reply comments. (*See* Section 1.420(d) of the Commission\'s Rules).

\(b\) With respect to petitions for rule making which conflict with the
proposals in this Notice, they will be considered as comments in the
proceeding, and Public Notice to this effect will be given as long as
they are filed before the date for filing initial comments herein. If
they are filed later than that, they will not be considered in
connection with the decision in this docket.

\(c\) The filing of a counterproposal may lead the Commission to allot a
different channel than was requested for any of the communities
involved.

4\. Comments and Reply Comments; Service. Pursuant to applicable
procedures set out in Sections 1.415 and 1.420 of the Commission\'s
Rules and Regulations, interested parties may file comments and reply
comments on or before the dates set forth in the *Notice of Proposed
Rule Making* to which this *Appendix* is attached. All submissions by
parties to this proceeding or by persons acting on behalf of such
parties must be made in written comments, reply comments, or other
appropriate pleadings. The person filing the comments shall serve
comments on the petitioners. Reply comments shall be served on the
person(s) who filed comments to which the reply is directed. A
certificate of service shall accompany such comments and reply comments.
(*See* Section 1.420(a), (b) and (c) of the Commission\'s Rules.)
Comments should be filed with the Secretary, Federal Communications
Commission, Washington, D.C. 20554.

5\. Number of Copies. In accordance with the provisions of Section 1.420
of the Commission\'s Rules and Regulations, an original and four copies
of all comments, reply comments, pleadings, briefs, or other documents
shall be furnished the Commission.

6\. Public Inspection of Filings. All filings made in this proceeding
will be available for examination by interested parties during regular
business hours in the Commission\'s Reference Information Center, at its
headquarters, 445 12th Street, S.W., Washington, D.C.

[^1]: *See Amendment of the Commission's Rules Regarding Modification of
    FM and TV Authorizations to Specify a New Community of License
    ("Change of Community R&O"),* 4 FCC Rcd 4870 (1989), *recon. granted
    in part*, 5 FCC Rcd 7094 (1990).

[^2]: *See Revision of FM Assignment Policies and Procedures*, 90 FCC2d
    88, 91 (1988). The FM Allotment priorities are (1) First full-time
    aural service. (2) Second full-time aural service. (3) First local
    service. (4) Other public interest matters. \[Co-equal weight is
    given to given to priorities (2) and (3)\].

[^3]: Station WJNS-FM, will remain in Yazoo City. Petitioner notes that
    unbuilt Station WYAZ(FM), Channel 208, is also authorized to serve
    Yazoo City.

[^4]: *See Headland, Alabama, and Chatahoochee, Florida,* 10 FCC Rcd
    10352 (1995).

[^5]: The coordinates for Channel 226A at Benton are 32-50-29 NL and
    90-16-28 WL.

[^6]: *See Certification that Section 603 and 604 of the Regulatory
    Flexibility Act Do Not Apply to Rule Makings to Amend Sections
    73.202(b), 73.504 and 73.606(b) of the Commission\'s Rules*. 46 FR
    11549 (February 9, 1981).