**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-66

Table of Allotments, ) RM-9842

FM Broadcast Stations. )

(Des Moines, New Mexico) )

**[NOTICE OF PROPOSED RULE MAKING]{.underline}**

**Adopted: April 5, 2000 Released: April 14, 2000**

Comment Date: June 5, 2000

Reply Comment Date: June 20, 2000

By the Chief, Allocations Branch:

1\. The Commission has before it the petition for rule making filed by
Willison H. Gormly d/b/a Sierra Grande Broadcasting (\"petitioner\"),
requesting the allotment of Channel 287C to Des Moines, New Mexico, as
the community\'s first local aural service. Petitioner states that he
will apply for the channel, if allotted.

2\. Section 307(b) of the Communications Act of 1934, as amended,
requires that the Commission allot channels \"among the several states
and communities.\" The Commission has defined a community as a
geographically identifiable population grouping. Generally, if a
community is incorporated or listed in the U.S. Census, that is
sufficient to satisfy its status. Absent such recognizable community
factors, the petitioner must present the Commission with sufficient
information to demonstrate that such a place has social, economic, or
cultural indicia to qualify it as a community for allotment purposes.
[See]{.underline}, [Pleasant Dale, Nebraska]{.underline}, 14 FCC Rcd
18893 (1999), [Avon, North Carolina]{.underline}, 14 FCC Rcd 3939 (1999)
and [Thermal, California]{.underline}, 15 FCC Rcd 2100 (2000). We
recognize that Des Moines is listed in the 1990 U.S. Census as a village
and attributed with a population of 168. In addition, Des Moines has a
post office and zip code (88418), which the U.S. Census states serves
278 people. However, we may find that a population grouping of 168
people does not constitute a community for allotment purposes where the
community may be devoid of the customary factors associated with
determining community status, such as a library, schools, shopping
centers, churches, a newspaper and social or civic organizations. [See­,
Searles Valley, California]{.underline}, 3 FCC Rcd 5221 (1988) and
[Naples, Florida]{.underline}, 41 RR 2d 1549 (1971). In addition, in
past cases, we have rejected claims of community status where a nexus
has not been shown between the political, social, economic and
governmental indicia to qualify it as a \"community\" for allotment
purposes. [See]{.underline}, [Gretna, Marianna, Quincy and Tallahassee,
Florida]{.underline}, 6 FCC Rcd 633 (1991) and cases cited therein.
Petitioner should show that any community organizations, civic groups,
etc., which exist have a nexus with Des Moines.

3\. Channel 287C can be allotted to Des Moines in compliance with the
Commission\'s minimum distance separation requirements without the
imposition of a site restriction.[^1] Petitioner proposed the use of a
transmitter site at coordinates 36-42-20 NL; 103-52-20 WL. However, in
situations such as this one where a channel would be available for
application by any interested party, it is Commission policy to allot
channels with the least site restriction possible. Therefore, we will
not propose to allot the channel at the coordinates requested by the
petitioner.

4\. We believe petitioner\'s proposal warrants consideration since the
allotment of Channel 287C could provide Des Moines with its first local
aural service, if it is ultimately found to be a community for allotment
purposes. Accordingly, we seek comments on the proposed amendment of the
FM Table of Allotments, Section 73.202(b) of the Commission\'s Rules,
for the community listed below, to read as follows:

[Channel No.]{.underline}

[City]{.underline} [Present]{.underline} [Proposed]{.underline}

Des Moines, New Mexico \-- 287C

5\. The Commission\'s authority to institute rule making proceedings,
showings required, cut-off procedures, and filing requirements are
contained in the attached Appendix and are incorporated by reference
herein. In particular, we note that a showing of continuing interest is
required by paragraph 2 of the Appendix before a channel will be
allotted.

6\. Interested parties may file comments on or before June 5, 2000, and
reply comments on or before June 20, 2000, and are advised to read the
Appendix for the proper procedures. Comments should be filed with the
Secretary, Federal Communications Commission, Washington, D.C. 20554.
Additionally, a copy of such comments should be served on the
petitioner, or its counsel or consultant, as follows:

Willison H. Gormly

Owner and Electrical Engineer

Sierra Grande Broadcasting

P.O. Box 51

Des Moines, New Mexico 88418-0051

7\. The Commission has determined that the relevant provisions of the
Regulatory Flexibility Act of 1980 do not apply to rule making
proceedings to amend the FM Table of Allotments, Section 73.202(b) of
the Commission\'s Rules. [See]{.underline} [Certification That Sections
603 and 604 of the Regulatory]{.underline} [Flexibility Act Do Not Apply
to Rule Making to Amend Sections 73.202(b), 73.504]{.underline} [and
73.606(b) of the Commission\'s Rules]{.underline}, 46 FR 11549, February
9, 1981.

8\. For further information concerning this proceeding, contact
Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. For purposes of
this restricted notice and comment rule making proceeding, members of
the public are advised that no [ex parte]{.underline} presentations are
permitted from the time the Commission adopts a Notice of Proposed Rule
Making until the proceeding has been decided and such decision is no
longer subject to reconsideration by the Commission or review by any
court. An [ex parte]{.underline} presentation is not prohibited if
specifically requested by the Commission or staff for the clarification
or adduction of evidence or resolution of issues in the proceeding.
However, any new written information elicited from such a request or a
summary of any new oral information shall be served by the person making
the presentation upon the other parties to the proceeding unless the
Commission specifically waives this service requirement. Any comment
which has not been served on the petitioner constitutes an [ex
parte]{.underline} presentation and shall not be considered in the
proceeding. Any reply comment which has not been served on the person(s)
who filed the comment, to which the reply is directed, constitutes an
[ex parte]{.underline} presentation and shall not be considered in the
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

Attachment: Appendix

[APPENDIX]{.underline}

1\. Pursuant to authority found in Sections 4(i), 5(c)(1), 303(g) and
(r), and 307(b) of the Communications Act of 1934, as amended, and
Sections 0.61, 0.204(b) and 0.283 of the Commission\'s Rules, IT IS
PROPOSED TO AMEND the FM Table of Allotments, Section 73.202(b) of the
Commission\'s Rules and Regulations, as set forth in the [Notice of
Proposed Rule Making]{.underline} to which this Appendix is attached.

2\. [Showings Required]{.underline}. Comments are invited on the
proposal(s) discussed in the [Notice of Proposed Rule
Making]{.underline} to which this Appendix is attached. Proponent(s)
will be expected to answer whatever questions are presented in initial
comments. The proponent of a proposed allotment is also expected to file
comments even if it only resubmits or incorporates by reference its
former pleadings. It should also restate its present intention to apply
for the channel if it is allotted and, if authorized, to build a station
promptly. Failure to file may lead to denial of the request.

3\. [Cut-off protection]{.underline}. The following procedures will
govern the consideration of filings in this proceeding.

\(a\) Counterproposals advanced in this proceeding itself will be
considered, if advanced in initial comments, so that parties may comment
on them in reply comments. They will not be considered if advanced in
reply comments. ([See]{.underline} Section 1.420(d) of the Commission\'s
Rules).

\(b\) With respect to petitions for rule making which conflict with the
proposals in this [Notice]{.underline}, they will be considered as
comments in the proceeding, and Public Notice to this effect will be
given as long as they are filed before the date for filing initial
comments herein. If they are filed later than that, they will not be
considered in connection with the decision in this docket.

\(c\) The filing of a counterproposal may lead the Commission to allot a
different channel than was requested for any of the communities
involved.

4\. [Comments and Reply Comments; Service]{.underline}. Pursuant to
applicable procedures set out in Sections 1.415 and 1.420 of the
Commission\'s Rules and Regulations, interested parties may file
comments and reply comments on or before the dates set forth in the
[Notice of Proposed Rule Making]{.underline} to which this Appendix is
attached. All submissions by parties to this proceeding or by persons
acting on behalf of such parties must be made in written comments, reply
comments, or other appropriate pleadings. Comments shall be served on
the petitioner by the person filing the comments. Reply comments shall
be served on the person(s) who filed comments to which the reply is
directed. Such comments and reply comments shall be accompanied by a
certificate of service. ([See]{.underline} Section 1.420(a), (b) and (c)
of the Commission\'s Rules.) Comments should be filed with the
Secretary, Federal Communications Commission, Washington, D.C. 20554.

5\. [Number of Copies]{.underline}. In accordance with the provisions of
Section 1.420 of the Commission\'s Rules and Regulations, an original
and four copies of all comments, reply comments, pleadings, briefs, or
other documents shall be furnished the Commission.

6\. [Public Inspection of Filings]{.underline}. All filings made in this
proceeding will be available for examination by interested parties
during regular business hours in the Commission\'s Reference Information
Center, at its headquarters, 445 12th Street, S.W., Washington, D.C.

[^1]: The coordinates for Channel 287C at Des Moines are 36-45-48 NL;
    103-50-12 WL.