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     Before the
     Federal Communications Commission
     Washington, D.C. 20554

In the Matter of                     )
                                     )
Amendment of Section 73.202(b),     )        MM Docket No. 99-343
Table of Allotments,                 )       RM-9750
FM Broadcast Stations.               )
(Elberton and Lavonia, Georgia)     )
                                     )
In re Application of                 )
                                     )
Waves of Mercy Productions, Inc.        )         BPED-19990630MB
Pendergrass, Georgia                 )
                                     )
For Construction Permit for New     )
Noncommercial Educational FM Station         )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted:  July 5, 2000               Released:  July 14, 2000  

By the Chief, Allocations Branch:

     1.  At the request of Radio Elberton, Inc. ("petitioner"), the Commission has before it the Notice
of Proposed Rule Making, 14 FCC Rcd 21139 (1999), proposing the reallotment of Channel 221A from
Elberton, Georgia, to Lavonia, Georgia, as the community's first local aural service, and the modification
of Station WWRK-FM's license accordingly.  Comments and reply comments were filed by the
petitioner.  No other comments were received.

     2.  As stated in the Notice, petitioner seeks to provide Lavonia, a community of 1,840 persons,
with its first local aural service.  The reallotment of Channel 221A to Lavonia would also enable Station
WWRK-FM to operate as a 6 kilowatts Class A station instead of being limited to its present power of
3 kilowatts.  This increase in power could enable the station to provide service to 60,810 persons within
a 2,511 square mile area, an increase of 183 percent from its present 21,488 persons within a 1,732
square mile area.  A staff engineering study also confirmed that Lavonia is not located within any
Urbanized Area and the station's 70 dBu contour would not encompass any portion of an Urbanized
Area.  Elberton would continue to receive local aural service from FM Station WEHR, Channel 286A,
and AM Station WSGC.  Further, while all of the people within Station WWRK-FM's present reception
area will lose service because there will be no overlap of the present and proposed 60 dBu contours, we
recognized that the entire loss area will continue to be considered well-served with five or more fulltime
aural services.  However, we noted that petitioner's proposal is mutually exclusive with the earlier-filed
application of  Waves of Mercy Productions, Inc. ("Waves of Mercy"), for noncommercial educational
Channel 220A at Pendergrass, Georgia (BPED-19990630MB), since the two communities are located
approximately 46 kilometers apart while the Commission's Rules specify a minimum separation of 72
kilometers for first-adjacent Class A channel.  Because the Waves of Mercy application had not been
placed on the cut-off Public Notice at the time petitioner's proposal was filed, the Notice requested
comments on both the application and petition.  Parties were advised that their comments should be
guided by the Commission's allotment priorities and that the same allotment priorities are applicable to
both commercial and noncommercial channels.    

     3.  In response, petitioner states that a comparison of the two proposals shows that the
reallotment of Channel 221A from Elberton to Lavonia, as its first local aural service, is clearly
preferable.  Using the Commission's allotment priorities, petitioner states that there are virtually no
populated areas of the country which do not already receive first and second reception services. 
Therefore, it contends that the highest allotment priority remaining is Priority (3), the provision of a first
local aural service.  Comparing the two communities, petitioner contends that the significant difference
in population (1,840 vs. 298 persons), in and of itself, warrants the allotment of Channel 221A to
Lavonia.  In support, it cites Powhatan and Goochland, Virginia, 12 FCC Rcd 3191 (1997) (channel
allotted to community with larger population).  Petitioner also submits that its proposal should be
preferred under Priority (4), other public interest matters, because the allotment of Channel 221A at
Lavonia would provide service to an additional 43,393 persons while the allotment of Channel 221A to
Pendergrass would provide service to only 3,620 persons.  In reply comments, petitioner reiterates its
intention to apply for Channel 221A, if allotted to Lavonia, and also notes that neither Waves of Mercy
nor any other party submitted comments comparing the two proposals.

     4.  We believe the public interest would be served by reallotting Channel 221A from Elberton
to Lavonia, Georgia, as the community's first local aural service, finding that this action will result in a
preferential arrangement of allotments.  Although Waves of Mercy did not respond to either the Notice
of Proposed Rule Making or the comments of petitioner, we have compared the two proposals as there
is no alternate channel which can be allotted to either community.  Neither allotment under consideration
herein would provide either a first or second fulltime reception service.  Therefore, our decision is based
on Priority (3), the provision of a first local aural service.  Lavonia has a population approximately six
times greater than that of Pendergrass.  In addition, we find that although Pendergrass does have some
of the attributes associated with being a community for allotment purposes, such as a library, several
restaurants, and a post office, our research shows that one of the two zip codes (30575) assigned to
Pendergrass actually reflects a Tolmo post office, while the other zip code (30567) is attributed with
serving 1,956 people, thus reflecting its use as more than a city post office.  Further, according to the
1990 U.S. Census, of the 138 workers over 16 years of age residing in Pendergrass, only 20 worked in
Pendergrass and 118 worked outside of the community.  This same U.S. Census data shows that of the
547 workers over 16 years of age residing in  Lavonia, 384 people work within the community. In
addition, Lavonia has its own city government, city hall, fire department, city maintenance department,
elementary school, numerous restaurants, churches, banks and several retail stores.  Therefore, we find
that, consistent with Commission precedent, Lavonia is to be preferred based on its larger population for
a first local aural service.  See, Powhatan and Goochland, Virginia, supra, Obion and Tiptonville,
Tennessee, 7 FCC Rcd 2644 (1992), and West Liberty and Richwood, Ohio, 6 FCC Rcd 6084 (1991).

     5.  Channel 221A can be allotted to Lavonia in compliance with the Commission's minimum
distance separation requirements with a site restriction of 12.5 kilometers (7.8 miles) west to
accommodate petitioner's desired transmitter site.

     6.  Accordingly, pursuant to the authority contained 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 ORDERED, That effective August 28, 2000, the FM Table of Allotments,
Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed
below, to read as follows:

                    City                Channel No.

                    Elberton, Georgia        286A
                    Lavonia, Georgia         221A

     7.  IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of
1934, as amended, that the license of Radio Elberton, Inc., for Station WWRK-FM, IS MODIFIED to
specify Lavonia, Georgia, in lieu of Elberton, Georgia, as its community of license, subject to the
following conditions:
 
          (a) Within 90 days of the effective date of this Order, the licensee shall submit to the
     Commission a minor change application for a construction permit (Form 301).

          (b) Upon grant of the construction permit, program tests may be conducted in accordance
     with Section 73.1620.

          (c) Nothing contained herein shall be construed to authorize a change in transmitter location
     or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of
     the Commission's Rules.

     8.  Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change
of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if
the request is granted, must submit a rule making fee when filing its application to implement the change
in community of license and/or upgrade.  As a result of this proceeding, Radio Elberton, Inc., licensee
of Station WWRK-FM, is required to submit a rule making fee in addition to the fee required for the
applications to effect the change in community of license and/or upgrade.

     9.  IT IS FURTHER ORDERED, That the Secretary SHALL SEND a copy of this Report and
Order, BY REGISTERED MAIL, RETURN RECEIPT REQUESTED, to the applicant for Channel
221A at Pendergrass, Georgia, as follows:  Waves of Mercy Productions, Inc., 5319 Amherst Way,
Flowery Branch, GA 30542.

     10.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

     11.  For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media
Bureau, (202) 418-2180.

                              FEDERAL COMMUNICATIONS COMMISSION




                              John A. Karousos 
                              Chief, Allocations Branch
                              Policy and Rules Division
                              Mass Media Bureau