********************************************************    
                                       NOTICE
  ********************************************************
                              
              This document was converted from
         WordPerfect or Word to ASCII Text format.
                              
 Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
           will not show up in this text version.
                              
All text attributes such as bold, italic, underlining, etc. from the
  original document will not show up in this text version.
                              
      Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
         will not be preserved in the text version.
                              
      If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.
                              
*****************************************************************
     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

   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, Pleasant Dale, Nebraska, 14 FCC Rcd 18893 (1999), Avon, North Carolina,
14 FCC Rcd 3939 (1999) and Thermal, California, 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, 3 FCC Rcd 5221 (1988)
and Naples, Florida, 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, Gretna, Marianna,
Quincy and Tallahassee, Florida, 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.  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.
               City                Present        Proposed

               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 Certification That Sections 603 and 604 of the Regulatory 
Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b) of
the Commission's Rules, 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 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
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 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 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

         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 to which this
Appendix is attached.

          2.  Showings Required.  Comments are invited on the proposal(s) discussed in the Notice of
Proposed Rule Making 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.  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 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, 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.  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
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 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.  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.  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.