**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. )

)

(Sawpit, Colorado) ) MM Docket No. 99-108

) RM-9511 )

(Thermal, California) ) MM Docket No. 99-112

) RM-9540

)

(Congress, Arizona) ) MM Docket No. 99-147 ) RM-9555

# REPORT AND ORDER

(Proceeding Terminated)

**Adopted: January 27, 2000** **Released: February 4, 2000**

By the Chief, Allocations Branch:

1\. The Commission has before it multiple docket [Notice of Proposed
Rule Makings]{.underline} setting forth separate proposals to allot FM
channels to specific communities. Each proposal received a separate
docket and rule making number. In regard to these proposals, we received
supporting and/or opposing comments. Although consolidated, these
dockets are still separate for finality purposes. In the event a
reconsideration petition is directed to an action in a particular
docket, a separate [Memorandum Opinion and Order]{.underline} will
resolve that reconsideration petition. For the reasons set forth below,
we believe that each proposal set forth below would not serve the public
interest and accordingly deny each, as follows:

**(1) [MM Docket No. 99-108]{.underline}**[; **RM-9511; 14 FCC Rcd 4567
(1999) **]{.underline}

**Action:** Mountain West Broadcasting requested the allotment of
Channel 256C3 to Sawpit, Colorado, (pop. 36), as that locality's first
local aural transmission service. As Sawpit is not incorporated or
listed in the U.S. Census as a Census Designated Place ("CDP"),
petitioner was requested to demonstrate its community status, using
guidelines set forth in the [Notice]{.underline}. [See]{.underline}
[Beacon]{.underline}

[Broadcasting]{.underline}, 2 FCC Rcd 3469 (1987); [aff'd.]{.underline}
2 FCC Rcd 7562 (1987). [See]{.underline} [also]{.underline},
[Kenansville,]{.underline}

[Florida]{.underline}, 5 FCC Rcd 2663 (Policy and Rules Div. 1990),
[aff'd.]{.underline} 10 FCC Rcd 9831 (1995). In response, petitioner
advises that Sawpit is incorporated, and has a mayor and town clerk, as
well as

a local restaurant and market. However, as it receives its mail and fire
service from Placerville, Colorado, petitioner requested to change its
allotment request to Placerville or as a hyphenated allotment to
Placerville-Sawpit.

Petitioner's comments are not responsive to our request in the
[Notice]{.underline} with regard to Sawpit to demonstrate that it is a
[bona]{.underline} [fide]{.underline} community for allotment purposes.
No evidence was provided to support the claim of Sawpit's community
indicia. Nor has petitioner provided community indicators or a technical
study demonstrating compliance with § 73.207(b) of the Commission's
Rules surrounding the alternate allotment to Placerville. Therefore, we
need not address the petitioner's alternate request. Based upon the
foregoing, we find that it would not serve the public interest to allot
Channel 256C3 to Sawpit, Colorado. Therefore, IT IS ORDERED, That the
petition of Mountain West Broadcasting proposing the allotment of
Channel 256C3 to Sawpit, Colorado (RM-9511) IS DENIED.

**FCC Contact:** Nancy Joyner (202) 418-2180.

**(2) [MM Docket No. 99-112; RM-9540; 14 FCC Rcd 4567 (1999)
]{.underline}**

**Action:** Mountain West Broadcasting requested the allotment of
Channel 278A to Thermal, California, as that locality's first local
aural transmission service. Thermal is not incorporated or listed in the
U.S. Census as a Census Designated Place ("CDP"). Therefore, petitioner
was requested to demonstrate its community status, using guidelines set
forth in the [Notice]{.underline}. [See]{.underline} [Beacon
Broadcasting]{.underline}, 2 FCC Rcd 3469 (1987); [aff'd.]{.underline} 2
FCC Rcd 7562 (1987). [See]{.underline} [also]{.underline}, [Kenansville,
Florida]{.underline}, 5 FCC Rcd 2663 (Policy and Rules Div. 1990),
[aff'd.]{.underline} 10 FCC Rcd 9831 (1995). In response, petitioner
advises that Thermal has its own post office and zip code, several
churches, two elementary schools, several vineyards and other retail
businesses. Further, petitioner reports that Thermal has a town market
and a tavern, and is a growing community with a population of 800
persons according to the Rand McNally Road Atlas. Petitioner concludes
that while Thermal is not incorporated it is an organized community
worthy of an FM allotment.

Petitioner's comments are not responsive to our request in the
[Notice]{.underline}, to demonstrate that Thermal is a
[bona]{.underline} [fide]{.underline} community for allotment purposes.
The Commission has previously found that the presence of a post office
is not sufficient to establish community status. [See]{.underline}
[Crestview and Westbay, Florida]{.underline}, 7 FCC Rcd 3059 (1992).
Thermal's listing in the Rand McNally Atlas indicates nothing more than
its geographical location. [See]{.underline} [Vimville,
Mississippi]{.underline}, 48 FR 5974 (1983) and [Hannibal,
Ohio]{.underline}, 6 FCC Rcd 2144 (1991). Nor did the petitioner
identify those entities attributed to Thermal with a street address or
demonstrated that they are intended to serve Thermal as opposed to other
areas. We have previously rejected claims of community status where a
nexus between the

political, social and commercial organizations and the community in
question has not been shown.

[See]{.underline} [Pike Road and Ramer, Alabama]{.underline}, 10 FCC Rcd
10347 (1995). Nor has petitioner shown other

indicia of community status such as a city hall, local government,
newspaper, banks, or civic and social organizations. Based upon the
foregoing, we find that it would not serve the public interest

to allot Channel 278A to Thermal, California. Therefore, IT IS ORDERED,
That the petition of Mountain West Broadcasting proposing the allotment
of Channel 278A to Thermal, California (RM-9540) IS DENIED.

**FCC Contact:** Nancy Joyner, (202) 418-2180.

**(3) [MM Docket No. 99-152]{.underline}**[; **RM-9560; 14 FCC Rcd 7184
(1999) **]{.underline}

**Action:** Mountain West Broadcasting requested the allotment of
Channel 242A to Congress, Arizona (pop. 90), as that locality's first
local aural transmission service. As Congress is not incorporated or
listed in the U.S. Census, petitioner was directed to demonstrate its
community status, using guidelines set forth in the
[Notice]{.underline}. [See]{.underline} [Beacon
Broadcasting]{.underline}, 2 FCC Rcd 3469 (1987); [aff'd.]{.underline} 2
FCC Rcd 7562 (1987). [See]{.underline} [also]{.underline}, [Kenansville,
Florida]{.underline}, 5 FCC Rcd 2663 (Policy and Rules Div. 1990),
[aff'd.]{.underline} 10 FCC Rcd 9831 (1995). In response, petitioner
advises that Congress has a population of 750 persons according to the
Rand McNally Atlas, as well as its own post office, volunteer fire
department, library, church, several retail businesses, and a water
improvement district. Petitioner states that from the inclusion of the
foregoing factors in the community, it can be concluded that Congress
has the political, social, economic, commercial, cultural and religious
entities to establish community status. REC Networks ("REC") filed
opposing comments.

The Commission has previously found that the presence of a post office
is not sufficient to establish community status. [See]{.underline}
[Crestview and Westbay, Florida]{.underline}, 7 FCC Rcd 3059 (1992).
Congress' listing in the Rand McNally Atlas indicates nothing more than
its geographical location. [See]{.underline} [Vimville,
Mississippi]{.underline}, 48 FR 5974 (1983) and [Hannibal,
Ohio]{.underline}, 6 FCC Rcd 2144 (1991). Nor did the petitioner
identify those entities attributed to Congress with a street address or
demonstrated that they are intended to serve Congress as opposed to
other areas. We have previously rejected claims of community status
where a nexus between the political, social and commercial organizations
and the community in question has not been shown. [See]{.underline}
[Pike Road and Ramer, Alabama]{.underline}, 10 FCC Rcd 10347 (1995). Nor
has petitioner shown other indicia of community status such as a city
hall, local government, newspaper, banks, or civic and social
organizations. Based upon the foregoing, we find that it would not serve
the public interest to allot Channel 242A to Congress, Arizona.
Therefore, IT IS ORDERED, That the petition of Mountain West
Broadcasting proposing the allotment of Channel 242A to Congress,
Arizona (RM-9555) IS DENIED.

**FCC Contact:** Nancy Joyner (202) 418-2180.

4\. IT IS FURTHER ORDERED, That the aforementioned proceedings ARE
TERMINATED.

5\. For further information concerning a specific docket, contact the
FCC Contact listed above for that docket.

FEDERAL COMMUNICATIONS COMMISSION

John A Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau