*Pages 1--2 from Microsoft Word - 9247.doc* Federal Communications Commission DA 01- 1292 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Section 73.202( b), Table of Allotments, FM Broadcast Stations. (Macon, Mississippi) ) ) ) ) ) ) MM Docket No. 01- 38 RM- 10064 REPORT AND ORDER (Proceeding Terminated) Adopted: May 16, 2001 Released: May 25, 2001 By the Chief, Allocations Branch: 1. The Allocations Branch has before it the Notice of Proposed Rule Making in this proceeding, DA 01- 348, released February 9, 2001. Radio South, Inc. (“ Radio South”), licensee of Station WLXY, Channel 264C3, Northport, Alabama, filed Comments and Reply Comments. For the reasons stated below, we are deleting the Channel 263A allotment at Macon, Mississippi. 2. At the request of Radio South, the Notice proposed the deletion of the Channel 263A allotment at Macon in order to enable Station WLXY to upgrade to a class C1 allotment. In its Petition for Rule Making, Radio South noted that Channel 263A was allotted in MM Docket No. 97- 188 on the basis of an expression of interest in this allotment by Metro Radio, Inc. (“ Metro Radio”). 13 FCC Rcd 11061. Sixteen months after the release of the Report and Order, Metro Radio withdrew its interest in this allotment. As such, Radio South contended that there is no longer any expression of interest in this allotment and the allotment should be deleted. No party filed comments expressing an interest in this allotment or otherwise supporting its retention in Macon. As such, we believe that the public interest would be served by deleting this allotment and permitting Station WLXY to upgrade to a Class C1 allotment. 3. 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 July 10, 2001, 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. Macon, Mississippi ------- - 4. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 1 Federal Communications Commission DA 01- 1292 2 5. For further information concerning this proceeding, contact Robert Hayne, Mass Media Bureau, (202) 418- 2177. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 2