FEDERAL COMMUNICATIONS COMMISSION
                           WASHINGTON, DC  20554

                                   January 16, 1997
                                                   IN REPLY
                                                   REFER TO:
                                                                                                                 1800B3-BCD
Margaret L. Miller, Esquire
Dow, Lohnes & Albertson
1200 New Hampshire Ave., NW, Suite 800
Washington, DC 20036-2222

                          In re:              WMLZ(AM), Jupiter, Florida
                               Application for Modification of Construction Permit
                               File No. BP-961101AB

                               WKYB(AM), Hemingway, South Carolina
                               Contingent Surrender of License

Dear Ms. Miller:

  We have on file SSS Broadcasting, Inc.'s ("SSS") above-referenced application for a minor
modification of construction permit for unbuilt station WMLZ(AM), Jupiter, Florida.  The
modification application seeks consent to change transmitter location, add nighttime power and
construct a new tower.  In conjunction with this application, SSS has filed an Interference
Reduction Agreement ("Agreement") whereby the licensee of WKYB(AM), Hemingway, South
Carolina, (FN1)
surrenders the WKYB(AM) license for cancellation contingent upon the grant of WMLZ(AM)'s
subject application. (FN2)
For the reasons stated below, we will simultaneously cancel the WKYB(AM) license and grant
the subject application.

  The Commission has undertaken significant initiatives to improve and revitalize the AM
service.  Review of the Technical Assignment Criteria for the AM Broadcast Service, 6 FCC Rcd
6273 (1991), recon. granted in part and denied in part, 8 FCC Rcd 3250 (1993).  One such
initiative permits licensees to reach agreements to make facilities changes to reduce interference.
Policies to Encourage Interference Reduction Between AM Broadcast Stations, 5 FCC Rcd 4492
(1990) ("Interference Reduction Proceeding").  In order to encourage such agreements, the
Commission's rules were amended to provide for the acceptance of contingent applications that
would facilitate a reduction in overall AM interference.  Id. at 4493.  The amended contingent
application rule, 47 C.F.R.  73.3517, applies to both deletions and modifications of existing
interfering AM stations.  In amending the rule to permit the filing of contingent applications that
would "reduce interference to one or more AM stations or . . . otherwise increase the area of
interference-free service," the Commission removed regulatory barriers that prevent or discourage
individual AM stations from entering into private agreements that would ultimately decrease
interstation interference and improve the quality of AM service.  Id. at 4492.  Contingent
application arrangements that propose the deletion or modification of an AM station require a
case-by-case public interest determination and the parties must demonstrate that a sufficient "local
service floor" will be maintained in the community losing a local transmission service and
throughout the service area that will experience a reduction in service due to the deletion or
modification.

  Interference Reduction.  The Supplement demonstrates that the cancellation of the
WKYB(AM) license will eliminate interference that is currently caused to WRTG(AM), Garner,
North Carolina.  Moreover, no new interference will be caused or received as a result of the
proposed modification to the WMLZ(AM) construction permit.

  Local Service Floor.  The Supplement demonstrates that the deletion of WKYB(AM) will
not create any new "white" or "gray" area within WKYB(AM)'s former service area. (FN3)
Moreover, the community of Hemingway, South Carolina, will continue to receive at least eleven
other primary aural services.  Accordingly, Hemingway will continue to receive an ample number
of aural services.  See Bay City, Brenham, Cameron, etc., Texas, 10 FCC Rcd 3337, 3337 (1995)
(affirming Commission policy that five receptive services is considered adequate).

  We find that the Agreement demonstrates compliance with the local service floor guidelines
with respect to Hemingway, South Carolina, after the cancellation of the WKYB(AM) license.
Our staff has examined the Supplement, and the exhibits provided therewith, and finds that
evidence has been provided which supports the conclusion that a net decrease in interference will
result.  Based upon its showing, we believe that SSS has demonstrated that the public interest will
be served by Commission approval of the Agreement.

  Accordingly, the WKYB(AM), Hemingway, South Carolina, license is CANCELLED, the
WKYB(AM) call sign is DELETED and the application for a minor modification of construction
permit for unbuilt station WMLZ(AM), Jupiter, Florida (File No. BP-961101AB) is GRANTED.


  Sincerely,




  Dennis Williams, Assistant Chief
  Audio Services Division
  Mass Media Bureau

cc:  Robert D. Fogel, Esq.


______________________________________
Footnotes:

(FN1):
WKYB(AM) has been silent since January, 1991.

(FN2):
On January 14, 1997, SSS filed a supplement to the Agreement ("Supplement").

(FN3):
 A "white" area is an area that does not receive interference-free primary service from an
authorized AM station or does not receive a signal strength of at least 1 mV/m from an
authorized FM service.  See 47 C.F.R.  73.14.  A "gray" area receives one full-time service.  See
Interference Reduction Proceeding, 5 FCC Rcd at 4496, n. 14.