FEDERAL COMMUNICATIONS COMMISSION
                         WASHINGTON, D.C.  20554
                                    
                              29 March 1996
                                    
                                             
                                                       IN REPLY REFER TO: 1800B2-RMD


ABS Communications, Incorporated
300 Arboretum Place
Suite 590
Richmond, Virginia  23236 

                             In re:  Application for New FM Station
                                        Anderson, SC
                                        File No. BPH-951101MA

Dear Applicant:

This concerns your referenced application for a new station which is mutually exclusive with
the pending license renewal application for Station WJMZ-FM, Anderson, SC (File No.
BRH-950801VV).   

Section 204 of the recently-enacted Telecommunications Act of 1996, Pub. L. 104-104, 110
Stat. 56 (1996), amended Section 309 of the Communications Act by adding Section 309(k),
which eliminates the comparative renewal process and specifies a new two-step procedure for
broadcast station license renewals.  Under the new procedure, as outlined below, your
referenced application cannot be accepted and considered by the Commission.

The new two-step renewal procedure sets forth new standards which the Commission is
required to use in determining whether to grant a licensee's renewal application.  See 47
U.S.C. § 309(k)(1).  In making this determination, the Commission is prohibited from
considering "whether the public interest, convenience, and necessity might be served by the
grant of a license to a person other than the renewal applicant."  47 C.F.R. § 309(k)(4). 
Only if the Commission determines, after notice and opportunity for a hearing, that a
renewal applicant has failed to meet the new renewal standards may the Commission "accept
and consider such applications for a construction permit as may be filed under Section 308
specifying the channel and broadcasting facilities of the former licensee."  47 U.S.C.
§ 309(k)(3).  These new procedures apply to all renewal applications filed after May 1,
1995.

Because the Commission has not made a determination that the licensee for WJMZ-FM has
failed to meet the requirements of Section 309(k)(1), your application cannot be accepted for 
filing.  Accordingly, your application for construction permit (File No. BPH-951101MA) IS
HEREBY DISMISSED as unacceptable for filing and is returned with this letter.

                              Sincerely,



                              Stuart B. Bedell
                              Assistant Chief, Audio Services Division
                              Mass Media Bureau

Attachment

cc:  Marissa G. Repp, Esquire
      Alan C. Campbell, Esquire