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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )       MM Docket No. 99-86
Table of Allotments,            )       RM-9505
FM Broadcast Stations.          )
(Fruitland, New Mexico)         )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted:  August 11, 1999            Released:  August 13, 1999

By the Chief, Allocations Branch:

     1.  At the request of Mountain West Broadcasting ("petitioner"), the Commission has before
it the Notice of Proposed Rule Making, 14 FCC Rcd 4098 (1999), proposing the allotment of
Channel 300A to Fruitland, New Mexico, as its first local aural service.  Comments were filed by the
petitioner.  No other comments were received.

     2.  The Notice requested that petitioner furnish information to demonstrate that Fruitland has
the social, economic and cultural indicia to qualify as a community for allotment purposes and to
show that these entities identify themselves with Fruitland.  Fruitland is not incorporated or listed in
the U.S. Census.  In response, petitioner states that Fruitland does not have a local government but
has "two churches, a trading post, and a post office."

     3.  Based on the evidence submitted by the petitioner, we believe it has failed to establish that
Fruitland qualifies as a community for allotment purposes.  While petitioner states that Fruitland has
two churches and a trading post, it has not specifically identified these entitles with a street address
or shown that they are intended to serve the residents of Fruitland, as opposed to a surrounding area. 
This is a critical deficiency since we have previously 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 Hawthorne, Wisconsin, 12 FCC Rcd 20142 (1997), and cases cited
therein.  We acknowledge that Fruitland does have a post office.  However, as the Commission has
previously held, the existence of a post office is insufficient, by itself, to demonstrate that a place is
a community for allotment purposes.  See Avon, North Carolina, 14 FCC Rcd 3939 (1999). 
Therefore, we find that it would not serve the public interest to allot a channel to Fruitland.. 

     4.  Accordingly, IT IS ORDERED, That the petition of Mountain West Broadcasting (RM-
9505) to allot Channel 300A to Fruitland, New Mexico, IS DENIED.

     5.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

     6.  For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media
Bureau, (202) 418-2180.

                              FEDERAL COMMUNICATIONS COMMISSION




                              John A. Karousos 
                              Chief, Allocations Branch
                              Policy and Rules Division
                              Mass Media Bureau