**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-118

Table of Allotments, ) RM-9549

FM Broadcast Stations. )

(Logandale, Nevada) )

**[REPORT AND ORDER]{.underline}**

**(Proceeding Terminated)**

**Adopted: January 27, 2000 Released: February 1, 2000**

By the Chief, Allocations Branch:

1\. At the request of Mountain West Broadcasting (\"petitioner\"), the
Commission has before it the [Notice of Proposed Rule
Making]{.underline}, 14 FCC Rcd 6308 (1999), proposing the allotment of
Channel 291C1 to Logandale, Nevada, as its first local aural service.
Comments were filed by the petitioner and by Hodson Broadcasting
(\"Hodson\").[^1] No other comments were received.

2\. The [Notice]{.underline} requested that the petitioner provide
specific information to demonstrate that Logandale has the social,
economic and governmental indicia to qualify it as a community for
allotment purposes. As stated in the [Notice]{.underline}:

> \"Petitioner states that Logandale is located in Clark County and has
> a population of 500 persons according to the 1999 Rand McNally Road
> Atlas. However, since Logandale is not listed in the 1990 U.S. Census,
> petitioner must demonstrate its community status. This may be proven
> by the testimony of local residents or by objective or subjective
> evidence indicating the existence of a community. . .Some examples of
> objective indications of community status include the existence of
> political, social, economic, commercial, cultural or religious
> organizations and services in the Commission. . .Petitioner is
> requested to provide additional information regarding the attributes
> of Logandale, Nevada, consistent with the above guidelines.\"

In response, petitioner states that Logandale has its own post office
and zip code, three public schools (elementary, middle and high), a
volunteer fire department, two churches, a town market and a gas
station. In addition, it states that the town is home to the local area
water company.

3\. Based on the evidence submitted by the petitioner, we believe that
it has failed to establish that Logandale is a community for allotment
purposes and therefore would not serve the public interest to allot the
requested channel. While the petitioner states that Logandale has a post
office, three public schools, volunteer fire department, churches, a
town market and gas station, it has not specifically identified these
entities with addresses or shown that they are intended to serve the
residents of Logandale, as opposed to a surrounding area. This is a
critical deficiency since we have previously rejected claims of
community status where a nexus has not been shown between the political,
social and commercial organizations and the community in question.
[See]{.underline}, [Broadview, Montana]{.underline}, 14 FCC Rcd 14101
(1999), [Avon, North Carolina]{.underline}, 14 FCC Rcd 3939 (1999), and
[Pleasant Dale, Nebraska]{.underline}, 14 FCC Rcd 18893 (1999). We have
determined that Logandale has a post office, with no residential
delivery service but post box service only. However, as the Commission
has previously held, the existence of a post office is insufficient, by
itself to demonstrate that a place is a community for allotment
purposes. Further, we have been unable to confirm that it has any
schools or fire department. Therefore, we find that the record in this
proceeding is insufficient to find that Logandale is a \"community\" for
allotment purposes and will not allot the requested channel.

4\. Accordingly, IT IS ORDERED, That the petition for rule making filed
by Mountain West Broadcasting (RM-9549) IS DENIED.

5\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

6\. 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

[^1]: Hodson, at the time it submitted its comments, had before the
    Commission a petition for rule making seeking the allotment of
    Channel 291A to Tecopa, California, as the community\'s first local
    aural service. [See]{.underline}, MM Docket 99-46, 14 FCC Rcd 2829
    (1999). It objects to the Logandale allotment, stating that it is
    short-spaced to the transmitter site which it desires to use if
    Channel 291A is allotted to Tecopa as well as interfering with its
    \"immediate intentions\" to upgrade Tecopa\'s allocation to a Class
    B1. In light of the action taken herein, these comments are moot.
    However, we would like to point out that the coordinates proposed
    for Channel 291C1 at Logandale do not conflict with the coordinates
    for the Channel 291A allotment at Tecopa, both as proposed and
    actually allotted. [See]{.underline}, 14 FCC Rcd 11595 (1999).