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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#X\  P6G;qP#"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddbe rebutted where there is no indicia of such elements of community as social, economic or  xcultural activities. In this case, petitioner claims that the community of Amelia has an abundant  x[indicia of community life, noting that the community was included in a 1992 Economic Census xMRetail Trade Report published by the Center for Business & Economic Research, Northeast  xLouisiana University. Petitioner submits that this economic analysis indicates that Amelia  xpossesses eight retail establishments: two supermarkets/grocery stores, two convenience food  xstores, one restaurant, two refreshment places and a drug store. Petitioner states that Amelia is  xa prominent shipbuilding and repair center. Petitioner further argues that if shipyards and retail  X (- x.establishments can be constructed in the area, it is "prima facie" evident that a transmitter can  x<be erected. Furthermore, petitioner states it has actually flown over the community and identified"(,))ZZ'"  x-several areas that would be available for a transmitter. In conclusion, petitioner states that it has  x[amply demonstrated that Amelia is a community supporting a substantial commercial presence  xand because of the presence of these commercial establishments there must be sufficient dry ground upon which to construct an FM transmitter.   x3. Guaranty opposes the allotment of Channel 249C3 at Amelia stating that the proposed  xallotment could adversely affect Guaranty's anticipated upgrade of Station WBBU(FM) at Baker,  xLouisiana. It also argues that the proposed station would be located within a geographic area that  xsimply is not suitable for sustaining a radio tower. In support of this, Guaranty provides a USGS  x1:250,000 scale map which shows that the area where the suggested station would need to be  xylocated falls within a vast marsh or swamp area and is void of any roads. In addition, Guaranty  xOsubmits a letter from Fred O. Dunham ("Dunham") Marine Fisheries Biologist Project  xCoordinator with the Louisiana Department of Wildlife and Fisheries. Dunham states the area  xin question is "almost one hundred percent marsh with small portions of it having swamp and  xshell middens." In addition, the required radio tower would most likely have to be erected on  xa barge or other stationary platform. He further notes that any proponent of such a structure  xwould have to obtain several regulatory permits to construct in the area. Dunham states that the  xproposed tower would be located in an area that is subject to the direct forces of tropical storms  xand a high volume of low flying aircraft which supports the oil and gas industry. Guaranty  xargues that in view of Dunham's letter, it is apparent that placing a radio transmitter tower in the area suggested by petitioner is impractical, both economically and operationally.   x4. Rice Capital and petitioner filed reply comments stating that Guaranty's opposition  xjbased on its future hopes for its station to upgrade are without legal basis for the Commission  xto refuse to allot the proposed channel to Amelia. Rice Capital argues that petitioner has shown  xyin its comments that a suitable transmitter site could be found for the proposed allotment. Rice  xCapital also submits a map depicting the area in which a fully spaced transmitter site could be located. x  Xe-Discussion  X7-  ?x5. As stated in the Notice, we requested petitioner to provide a showing demonstrating  xthat a suitable fully spaced area exists to locate a transmitter tower because the site petitioner  xyrequested was located in a relatively large swampy area. In this case, our engineering staff has  X- x.confirmed that the site proposed by petitioner is located in a swampland. Although petitioner  x<states that it has identified several areas that would be available for a transmitter, our engineering  xanalysis indicates that Channel 249C3 at Amelia cannot be site restricted to clear the current  xjlicensed site of Station WDGL(FM), Channel 251C, Baton Rouge, Louisiana. Therefore, since  xNwe are unable to a find a fully spaced site that is not located in swampland, we will deny petitioner's proposal to allot Channel 249C3 at Amelia, Louisiana.   lx6. Although we do not need to reach a decision regarding community status because of  xthe transmitter site problem, we find that the information provided by petitioner is insufficient  x/to affirmatively find that Amelia is a "community" for allotment purposes. While petitioner  x=states that Amelia is a Census Designated Place "CDP" with a 1990 U.S. Census population of  x2,447 persons, this designation alone only give rise to the presumption of community status. It"(,))ZZ'"  xappears that the residents of Amelia do not receive any municipal local services. There is no  x-local government, police, library, newspaper, churches, social organizations or schools. We note  xKthat Amelia has a post office. However, the presence of a post office is not sufficient to establish  X- x community status. See Coker, Alabama, 43 RR 2d 190 (1978). While petitioner claims there  xjis commercial activity in Amelia, it has not specifically identified any business or organizations  xwhich identify themselves with Amelia or shown that these organizations are intended to serve  x.the needs of community, as opposed to other areas. Commission policy is to reject assertions  x of community status where a connection has not been shown between political, social and  XH- x.commercial organizations and the community in question. See e.g., Gretna, Florida, 6 FCC Rcd 633 (1991), and cases cited therein.   Ax7. In light of the above, IT IS ORDERED, that the petition for rule making filed by Amelia Broadcasting of Louisiana (RM8957), IS DENIED. x8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.   x9. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 4182180.  XK- x` ` hhFEDERAL COMMUNICATIONS COMMISSION  X- hhJohn A. Karousos  X- hhChief, Allocations Branch  X- hhPolicy and Rules Division  X- hhMass Media Bureau