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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.  99-79
Table of Allotments,            )  RM-9488
FM Broadcast Stations.          )
(Broadview, Montana )           )
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted:  August 25, 1999            
     Released: September 3, 1999    

 By the Chief, Allocations Branch:
 
 1.  In response to a petition filed by Windy Valley Broadcasting ("Windy Valley"), the
 Commission has before it for consideration the Notice of Proposed Rule Making, 14 FCC Rcd 
 4077 (1999), requesting the allotment of Channel 290C3 at Broadview, Montana.  Windy Valley
 filed supporting comments in which it reaffirmed its interest in Channel 290C3 at Broadview.  No
 other comments were received in response to the Notice in this proceeding.
 
 2.   In the Notice Windy Valley was requested to furnish sufficient information to support a
 finding that Broadview is a community for allotment purposes.  Windy Valley was requested to
 provide specific information as to the social, economic, cultural or governmental indicia to
 determine whether Broadview is a community for allotment purposes and to show that these entities
 identify themselves with Broadview.  In response, Windy Valley states that Broadview has its own
 post office, a mayor, town council, two churches, a gas station/market, a community center, Lions
 Club, volunteer fire company and two taverns.  In addition, Broadview has a school from
 kindergarten through high school.  
 
 3.  Based on the totality of the evidence submitted by Windy Valley, we believe it has failed to
 establish that Broadview qualifies as a community for allotment purposes and therefore it would
 not serve the public interest to allot a channel.   See Mokelumme Hill, California, 4 FCC Rcd 7109
 (1989).   While Windy Valley states that Broadview has a mayor and town council, a post office,
 two churches, a volunteer fire department, some local businesses and a school, it has not specifically
 identified these entities with addresses or shown that they are intended to serve Broadview, 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 Gretna, Marianna, Quincy and
 Tallahassee, Florida, 6 FCC Rcd (1991), and cases cited therein.  We do note that Broadview has
 a population of 133 people according to the 1990 U.S. Census and has a post office which provides
 rural route delivery but no residential delivery.  Although Broadview has some of the elements of
 a community, we believe that the record in this proceeding is insufficient to find that Broadview is
 a community for allotment purposes.  Windy Valley could have provided the following type of
 evidence which suppports community status such as names of any businesses which contain
 "Broadview" in their names, excerpts from a telephone book showing Broadview's separate
 telephone exchange, a list of industries, specific names and addresses of churches in Broadview,
 affidavits from residents of Broadview, name and address of the mayor or council members,
 evidence that rural residents view Broadview as a center for shopping and medical services, but
 failed to do so.   Therefore, we will not allot Channel 290C3 to Broadview, Montana.     
 
 4.  IT IS FURTHER ORDERED, That the Petition for Rule Making filed by Windy Valley
 Broadcasting to allot Channel 290C3 to Broadview, 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