**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-15

Table of Allotments, ) RM-9440

FM Broadcast Stations. )

(Neihart, Montana ) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: October 27, 1999 Released: November 5, 1999**

> By the Chief, Allocations Branch:
>
> 1\. In response to a petition filed by Mountain West Broadcasting
> (\"Mountain West\"), the Commission has before it for consideration
> the [Notice of Proposed Rule Making]{.underline}, 14 FCC Rcd 2044
> (1999), requesting the allotment of Channel 246C2 at Neihart, Montana.
> Mountain West filed supporting comments in which it reaffirmed its
> interest in Channel 246C2 at Neihart. No other comments were received
> in response to the [Notice]{.underline} in this proceeding.
>
> 2\. In the [Notice]{.underline} Mountain West was requested to furnish
> sufficient information to support a finding that Neihart is a
> community for allotment purposes and to address the issue of site
> location as Neihart is located in the Lewis and Clark National Forest.
> With respect to community status, Mountain West was requested to
> provide specific information as to the social, economic, cultural or
> governmental indicia to determine whether Neihart is a community for
> allotment purposes and to show that these entities identify themselves
> with Neihart. In response, Mountain West states that Neihart has a
> mayor, town council and a town hall along with its own post office and
> zip code. Mountain West further states that Neihart has many retail
> businesses, a general store, churches and civic organizations, motel,
> tavern and the Showdown Ski Area. In response to site availability,
> Mountain West states that many potential antenna locations exist such
> as the Showdown Ski Area and there is plenty of privately owned land
> North of the community near the towns of Monarch and Raynesford which
> could be available for transmission uses.
>
> 3\. Based on the totality of the evidence submitted by Mountain West,
> we believe it has failed to establish that Neihart qualifies as a
> community for allotment purposes and therefore it would not serve the
> public interest to allot a channel. [See]{.underline} [Mokelumme Hill,
> California]{.underline}, 4 FCC Rcd 7109 (1989). While Mountain West
> states that Neihart has a mayor and town council, a post office,
> numerous businesses, two churches and other civic organizations, it
> has not specifically identified these entities with addresses or shown
> that they are intended to serve Neihart, as opposed to an expanded
> rural area. This is a critical deficiency because, in past cases, we
> have 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} [Gretna, Marianna, Quincy
> and Tallahassee, Florida]{.underline}, 6 FCC Rcd (1991), and cases
> cited therein. We do note that Neihard has a population of 53 people
> according to the 1990 U.S. Census and 91 people according to the 1980
> U.S. Census. Although Neihart has some of the elements of a community,
> we believe that the record in this proceeding is insufficient to find
> that Neihart is a community for allotment purposes. Mountain West
> could have provided the following type of evidence which supports
> community status such as names of any businesses which contain
> \"Neihart\" in their names, excerpts from a telephone book showing
> Neihart\'s separate telephone exchange, a list of industries, specific
> names and addresses of churches in Neihart, affidavits from residents
> of Neihart, name and address of the mayor or council members, evidence
> that rural residents view Neihart as a center for shopping and medical
> services, but failed to do so. In response to the Commission's
> concerns over site availability, Mountain West merely states that many
> potential antenna locations exist which are privately owned.
> MountainWest did not provide documentation such as coordinates, a map
> showing a transmitter site location, or permission from a local
> property owner for use of land for a transmitter, all things that
> would support its comments that a site is available. Here we point out
> that although the Commission's concerns at the rule making stage do
> not generally require detailed showings concerning availability and
> suitability of a specific transmitter site, a showing is required
> demonstrating that such an area does exist. In this case, we do not
> believe that Mountain West has provided such information. Therefore,
> we will not allot Channel 246C2 to Neihart, Montana.
>
> 4\. IT IS FURTHER ORDERED, That the Petition for Rule Making filed by
> Mountain West Broadcasting to allot Channel 246C2 to Neihart, Montana,
> IS DENIED.
>
> 5\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
>
> 6\. For further information concerning this proceeding, contact
> Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180.
>
> FEDERAL COMMUNICATIONS COMMISSION
>
> John A. Karousos
>
> Chief, Allocations Branch
>
> Policy and Rules Division
>
> Mass Media Bureau