**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-352

Table of Allotments, ) RM-9786

FM Broadcast Stations. )

(Gaviota, California) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

**Adopted: December 13, 2000 Released: December 22, 2000**

> By the Chief, Allocations Branch:

1\. Before the Commission for consideration is the [Notice of Proposed
Rule Making]{.underline} ("[Notice]{.underline}") issued herein, 14 FCC
Rcd 21330 (1999), issued in response to a request filed by Brian
Costello ("petitioner"), proposing the allotment of Channel 266A to
Gaviota, California, as that locality's first local aural transmission
service. Petitioner and Lazer Broadcasting Corp. each filed supporting
comments in response to the [Notice]{.underline}. Opposing comments were
filed on behalf of Stratosphere Broadcasting Limited Partnership
("Stratosphere").[^1] Petitioner and Stratosphere each filed reply
comments.

2\. As stated in the [Notice]{.underline}, petitioner described Gaviota
(pop. 70), [^2] as an unincorporated, rural California coastal
community, located along U.S. Highway 101. Petitioner advised that
Gaviota has its own school and fire districts, ranching activity, a
large petroleum and water desalinization plants, and the Gaviota State
Park. Additionally, petitioner advised that the Santa Inez mountains
north of Gaviota creates terrain shadowing for the area, resulting in
weak or nonexistent FM radio reception service to approximately 10,000
commuters traversing U.S. Highway 101 from outlying communities to the
concentrated business environment of Santa Barbara. According to
petitioner, the requested allotment of Channel 266A would provide a
reliable, unobstructed service to Gaviota as well as to the Coastal
shelf and offer essential communication services to motorists traveling
in that area. The [Notice]{.underline} invited comments regarding the
attributes of Gaviota for allotment purposes, and requested the
petitioner to provide proof of site availability to accommodate the
requested allotment.

3\. In support of its assertion that Gaviota is a community for
allotment purposes, petitioner claims that although it is
unincorporated, the County of Santa Barbara mentions Gaviota in its
"Guide to Santa Barbara County" publication, and therefore provides
evidence that Gaviota is a distinct community. Further, petitioner
reports that although Gaviota no longer has its own post office, it is
still listed in the current zip code directory as allocated for a post
office and has been included in one of the "Super Zip Codes" of 93117,
which includes the community of Goleta, a suburb of Santa Barbara, as
well as 50 miles of coastline to the west of Goleta, including Gaviota.

4\. Although police and fire services are provided to Gaviota by the
County of Santa Barbara, petitioner advises that a volunteer fire
department is operated by the residents of Hollister Ranch, a large
private development in Gaviota, containing 50 families. Moreover,
petitioner reports that the residents of Hollister Ranch have a Ranch
Owners Association which performs as a quasi-governmental body for the
private development. Additionally, petitioner reports that Gaviota has
its own school, the Vista De Las Cruses School, for grades kindergarten
through 8^th^ grade, with a current enrollment of 130 students.
Community events at the school are organized by the Vista Volunteer
parent organization.

5\. As to the commercial activity in Gaviota, petitioner lists fifteen
businesses which it states include Gaviota as their mailing address.
Also, petitioner reports that the Chevron Gaviota facility employs at
least 100 persons from surrounding communities in its large oil
refinery. It is also reported that the GTE telephone book lists Gaviota
as a separate community for telephone service. With regard to the
latter, petitioner states that another example of Gaviota's
qualifications as a community are derived from an Order issued by the
California Public Utilities Commission requiring GTE to provide toll
free service from Gaviota to locations within Santa Barbara, based upon
petitions filed by over 100 residents of Gaviota. Petitioner interprets
this activity as providing evidence of the view that Gaviota's citizens
think of themselves as residents of a community around which their
interests area united.

6\. Although Gaviota does not have its own local government, petitioner
advises that the Commission has recognized that such deficiency is not
critical if there are other indicia of a community present, citing
[Kenansville, Florida]{.underline}, 10 FCC Rcd 9831 (1995), and cases
cited therein. Petitioner believes that the existence of a volunteer
fire department, coupled with a strong community participation in the
local school district, and a variety of local businesses in Gaviota
offer evidence to support its assertion that Gaviota qualifies as a
community for allotment purposes.[^3]

7\. As to site availability to accommodate proposed Channel 266A at
Gaviota, petitioner provided evidence that it has leased property for
the proposed Gaviota allotment site that is located .5 kilometers from
the coordinates specified for Channel 266A in the [Notice]{.underline}.
Petitioner alleges that from the leased site the requirements of §
73.315 of the Commission's Rules will be met.

8\. In opposition comments, Stratosphere urges that the petitioner has
not met his burden of demonstrating that Gaviota possess characteristics
of a community such as social, economic or cultural indicia to qualify
as such for allotment purposes. Further, Stratosphere asserts that
Gaviota's mere location is not an indicator of community status.
Moreover, Stratosphere urges that Gaviota not only has but a few
services or facilities, but that the petitioner did not show their nexus
to that location. Additionally, Stratosphere provided a Declaration of
DeWayne Holmdahl, formerly a member of the Board of Supervisors of Santa
Barbara County and whose district included Gaviota, setting forth
information about Gaviota. According to Mr. Holmdahl, Gaviota is a
residential area comprised of 30-40 homes, most of which are connected
with the privately-owned, gated Hollister Ranch development. Further, we
are advised that Gaviota does not have its own public library, post
office, local government, elected officials, hospital, municipal
services, school system, or community organizations. Additionally, Mr.
Holmdahl reports that while there is a firehouse in Gaviota, it is
maintained by Santa Barbara County. Moreover, we are informed that the
Vista Del Mar Union School District, comprised of the Vista de Las
Cruces School for grades K-8, located in Gaviota, also serves other
areas of Santa Barbara County, as well. High school students attend
school in neighboring towns, including Santa Ynez and Goleta. Mr.
Holmdahl also advises that the oil refinery credited at Gaviota is
actually located in Las Cruces and does not serve Gaviota. Additionally,
we are advised that there area no commercial establishments located at
the Gaviota exit from U.S. Highway 101. In fact, Mr. Holmdahl asserts
that the only commercial activity at Gaviota is a fishing tackle rental
store and boat launch located at the pier, and that those entities do
not identify themselves with Gaviota or serve the needs of its
residents. Moreover, it is reported that the Gaviota State Park and
public beach area are operated and maintained by the State of California
for the use of visitors from throughout California and adjoining states,
and are not intended to serve only the needs of Gaviota. Mr. Holmdahl
also advises that public services to Gaviota are provided by Santa
Barbara County, and that a majority of the residents of Gaviota shop in
either Santa Barbara, Goleta, Buellton, Lompoc, and other nearby
communities for essential needs and services.

9\. In reply comments, petitioner reiterates that Gaviota is more than a
geographical location. In support, petitioner refers to the fifteen
business entities it credits with local mailing addresses. Additionally,
petitioner reports that the Vista de Las Cruces School in Gaviota has an
active parent organization. Although the County of Santa Barbara
provides police and fire services to Gaviota, petitioner advises that
the residents of Gaviota maintain their own volunteer fire department.
Moreover, petitioner advises that Gaviota is listed in the Santa Barbara
telephone book with a separate exchange. Additionally, petitioner
alleges that the quasi-governmental role of the Hollister Ranch Owners
Association reflects that organization functions as a local government
on such issues as land use restrictions and public utilities access.
Also, petitioner urges that the California PUC directive requiring toll
free exchange service to Santa Barabara is evidence of community type
organization and identity-based activities to distinguish that Gaviota
is a *bona fide* community for allotment purposes. While the Gaviota
post office is no longer operative, petitioner claims that its listing
in the U.S. Zip Code and Post Office Directory as a "place name"
signifies that the postal service continues to credit Gaviota as a
community with defined boundaries. Petitioner also relies on two U.S.
Department of Transportation highway signs indicating the exit for
Gaviota lends further credence to the fact that Gaviota in not just a
geographical location.

10\. Petitioner also disputes Stratosphere's reliance on [Grants and
Peralta, New Mexico]{.underline} (DA 99-2841, December 17, 1999), to
support its claim that a community must run its own schools and have its
own police and fire departments to qualify for allotment purposes.
Rather, petitioner

claims that those factors are not a rigid requirement, citing [Semora,
North Carolina]{.underline}, 5 FCC Rcd 938 ¶8 (1990), and [Cal-Nev-Ari,
Bounder City and Las Vegas, Nevada]{.underline}, 14 FCC Rcd 17153
(1999). As to Stratosphere's argument that the businesses and park lands
attributed to Gaviota do not serve its residents, but instead are
destinations for persons residing elsewhere, petitioner refers to
[Kenansville, Florida]{.underline}, 10 FCC Rcd 9831 (1995) (evidence
establishing that persons residing outside of the community involving
themselves in that community's activities serves as evidence that the
community is viewed as a center for business activities for the
surrounding area). Further, petitioner claims that Gaviota, like [Essex,
California]{.underline}, 4 FCC Rcd 8084 (1989), although located in a
sparsely populated area, has a need for local transmission service.
While the quantity of businesses and attractions in Gaviota are limited,
petitioner asserts that it should not be prohibited from receiving an
allotment based on that factor as the Commission has never established a
minimum level of commercial activity necessary to qualify an area as a
community for allotment purposes, citing [Semora, North
Carolina]{.underline}, [supra]{.underline}. Petitioner concludes that
the proposed allotment would provide a first local aural transmission
service to Gaviota and provide a means of supplying essential local
emergency and weather related information to approximately 31,000
persons daily traversing Highway 101.

11\. Stratosphere's responsive comments reiterate that Gaviota's
location depicted on national maps is insufficient to quality it as a
community for allotment purposes, citing [Crestview and Westbay,
Florida]{.underline}, 7 FCC Rcd 3059 (1992). Further, Stratosphere avers
that Gaviota's population of 70 persons is dominated by the Hollister
Ranch, a private housing development, whose zoning provisions are
administered by Santa Barbara County. Moreover, Stratosphere avers that
the inhabitants of Hollister Ranch acknowledge that they obtain basic
services and necessities from communities outside of Gaviota.

12\. Further, Stratosphere asserts that the absence of a post office at
Gaviota for the past twelve years, coupled with a lack of any evidence
of an effort or need to rebuild such a facility there, are further
indicators of that locality's lack of community status for allotment
purposes. Stratosphere maintains that petitioner has not provided
evidence of any organizations such as a Chamber of Commerce or Lions
Club to indicate there is a connection between political, social and
commercial organizations and Gaviota. Rather, Stratosphere claims that
the petitioner has relied on the Hollister Ranch's volunteer fire
department to strengthen its claim of community status, but failed to
establish its connection to Gaviota as opposed to the private Hollister
Ranch. Additionally, Stratosphere remarks that the Vista de Las Cruces
School does not serve Gaviota exclusively, but rather encompasses the
entire Vista De Mar Union School District. Therefore, Stratosphere
claims that Vista Volunteer parent organization serves the larger school
district as opposed solely to Gaviota.

13\. As to the business attributed to Gaviota, Stratosphere reports that
the majority are located in nearby Goleta, located 23 road miles from
Gaviota, one is no longer in business, and one located in Buellton.
Moreover, Statosphere advises that the Vista Del Mar Union School
District and Hollister Ranch Owners Association Gate House are not
commercial establishments and are not tied directly to Gaviota. In fact,
Stratosphere asserts that the petitioner has not listed any businesses
that generally provide the necessities of a community such as a listing
for a grocery, drug or clothing store.

Rather, Stratosphere avers that the Gaviota area relies on nearby towns
for basic local services (*i.e*., doctors, hospital services and
schools). As a result, Stratosphere claims that the Gaviota area is
economically dependent on other nearby towns and does not itself have
sufficient economic indicia to qualify as a community.

14\. Stratosphere concludes that, as demonstrated, Gaviota does not have
its own postal facility, public library, municipal services, hospital,
local government, or elected officials, and that Santa Barbara County
maintains the firehouse and provides most services to the area.
Additionally, Stratosphere advises that as the vast majority of
complainants that successfully petitioned the California PUC for
toll-free telephone service to locations within the Santa Barbara
exchange were comprised of Hollister Ranch residents, that does not
evidence that the Ranch's physical location in the Gaviota area
transforms Gaviota into a community.

15\. After a careful review of the facts and arguments presented by the
parties, we conclude that the proposal cannot succeed in accordance with
Commission precedent and policy. As Gaviota is not listed in the U.S.
Census, we are unable to determine an official population count for that
location. Moreover, neither does the petitioner's reliance on the
existence of the activities attributed to the residents of the privately
owned Hollister Ranch,[^4] including its volunteer fire department, and
Ranch Owners Association, evidence cohesiveness among Goleta's populace.
Additionally, the County of Santa Barbara provides sewer, street
lighting and redevelopment services to Gaviota, as it does to other
unincorporated areas of the County. Other County services provided to
unincorporated area population include school districts, water, and
sanitation. Also, we note that of the fifteen businesses petitioner
credits with Gaviota locations, our independent internet search reveals
that an overwhelming majority of those listings are attributed to
Goleta, one is located in nearby Buellton, California, and that none
contain a Goleta mailing address, including the Gaviota Beach Store and
the Hollister Ranch Owners Association Gate House. See
http:\\\\www.worldpages.com and http:\\\\ www.yahoo.yp.com. Therefore,
it cannot be evidenced that those entities have a nexus with Gaviota.
Commission policy is to reject assertions of community status where a
nexus has not been demonstrated between the political, social and
commercial organizations and the community in question.
[See]{.underline} [Gretna, Marianna, Quincy and Tallahassee,
Florida]{.underline}, 6 FCC Rcd 633 (1991), and cases cited therein.
Likewise the residents of the privately owned Hollister Ranch
development acknowledge that they shop in Buellton, approximately 12
miles from the Ranch, or in Santa Barbara, for essential needs and
services. Although Gaviota is designated as a Place by the U.S. Postal
service all mail service to that locality is received through Goleta.
Nor did petitioner provide a telephone directory, or excerpts thereof,
to reflect the street addresses of Gaviota residents. Also, petitioner
did not provide sufficient evidence that Gaviota residents consider
themselves as residents of a community around which their interests
coalesce. [See]{.underline} [Mighty-Mac Broadcasting Co.]{.underline},
58 RR 2d 599, 603 (1985); [North Naples, Florida]{.underline}, 41 RR 2d
1549, 1551 (1977). The petition signed largely by residents of the
Hollister Ranch seeking to obtain toll-free telephone service from
Gaviota to locations within Santa Barbara is not representative of
Gaviota as a whole. As noted in the petitioner's comments, the Hollister
Ranch Owners Association acts as a quasi-governmental body for that
private development, while Santa Barbara County administers zoning
within the Hollister Ranch. Nor has it been demonstrated that the Vista
De Las Cruces School serves Gaviota only, as opposed to the entire Vista
Del Mar Union School District.

16\. Additionally, petitioner has not shown other indicia of community
status in Gaviota such as a city hall, local government, municipal
services, library, newspaper, financial institutions or civic
organizations such as a Lions Club or Rotary, or civic organizations
such as a Chamber of Commerce. We also note that while the instant
petition would provide a first local aural service to Gaviota, it would
also provide primary service to less than 50% of the Santa Barbara
urbanized area which has five commercial FM stations. Therefore,
although Gaviota is somewhat isolated, and contains a minimal
population, it will be served by FM stations in Santa Barbara .
Therefore Gaviota cannot be considered in the same context as an
isolated community concerned with survival issues. [See]{.underline}
[Cal-Nev-Ari, Boulder City, and Las Vegas, Nevada]{.underline}, 14 FCC
Rcd 17153 (1999).

17\. We conclude that based on the information presented, petitioner has
failed to satisfy his obligation to provide the Commission with
sufficient evidence to establish that Gaviota possesses ample indicia of
a community sufficient to reach a determination that it is a community
for allotment purposes. [See]{.underline} [Stock Island,
Florida]{.underline}, 8 FCC Rcd 343 (1993).

18\. In view of the above, IT IS ORDERED, That the petition for rule
making filed on behalf of Brian Costello to allot Channel 266A to
Gaviota, California (RM-9786), IS DENIED.

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

20\. For further information concerning the above, contact Nancy Joyner,
Mass Media Bureau, (202) 418-2180.

> FEDERAL COMMUNICATIONS COMMISSION
>
> John A. Karousos
>
> Chief, Allocations Branch
>
> Policy and Rules Division
>
> Mass Media Bureau

[^1]: Stratosphere is the licensee of Station KSTT-FM, Channel 267B, Los
    Osos-Baywood Park, California.

[^2]: Population figure was taken from the 2000 Rand McNally Commercial
    Atlas and Marketing Guide.

[^3]: In support, petitioner cites [Cal-Nev-Ari, Boulder City and Las
    Vegas, Nevada]{.underline}, 14 FCC Rcd 17153 (1999) and [Essex,
    California]{.underline}, [supra]{.underline}.

[^4]: Our independent research on the Internet reveals that the
    Hollister Ranch, is comprised of a private, gated 14,000 acre
    working cattle ranch, containing 133 one hundred acre or larger
    parcels, located approximately 35 minutes up the coast from Santa
    Barbara, off U.S. 101. Further, Hollister Ranch is surrounded by the
    Pacific Ocean, Gaviota State Park and other large private ranches.
    The Hollister Ranch Owners' Association strive to maintain the
    natural beauty and integrity of the 340 acre beach recreational area
    fronting Hollister Ranch. Additionally, Hollister Ranch is described
    as, in effect, a wildlife preserve. See
    http://www.hollister-ranch.com.