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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.  99-127
Table of Allotments,            )  RM-9521
FM Broadcast Stations.          )
(Kanarraville, Utah )           )
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted: September 15, 1999          
     Released: September 24, 1999   

 By the Chief, Allocations Branch:
 
 1.  In response to a Petition for Rule Making filed by Victor A. Michael d/b/a/ Mountain West
 Broadcasting ("Mountain West"), the Commission has before it for consideration the Notice of
 Proposed Rule Making, 14 FCC Rcd 6779 (1999), requesting the allotment of Channel 268C2 at
 Kanarraville, Utah, as that community's first local FM broadcast service.  Mountain West filed
 comments supporting the allotment of Channel 268C2 at Kanarraville.   No other comments were
 received at the Commission in response to the Notice in this proceeding.
 
 2.  In the Notice, Mountain West was requested to furnish sufficient information to support a
 finding that Kanarraville is a community for allotment purposes.  Commission research found that
 Kanarraville is an incorporated community with a post office and zip code (84742) according to
 the 1998 Rand McNally Commercial Atlas and the 1990 U.S Census credits the community with
 a population of 228 people. Mountain West  was requested to provide specific information as to
 the social, economic, cultural or governmental indicia to determine whether Kanarraville is a
 community for allotment purposes.  In response,  Mountain West states that Kanarraville has a
 Mayor, Town Clerk and a four member Town Council.  Mountain West also stated that
 Kannarraville has a Fire Department Association, several retail businesses which include a book
 store, convenience store and an RV park along with several churches.
 
 3.  Based on the totality of the evidence submitted by Mountain West, we believe it has failed
 to establish that Kanarraville qualifies as a community for allotment purposes and that it would not
 serve the public interest to allot a channel.  See Mokelumme Hill, California, 4 FCC Rcd 7108
 (1989), Klamath Falls, Altamont and Butte Falls, Oregon, and Dorris, California, 10 FCC Rcd 7583
 (1995) and Avon, North Carolina, 14 FCC Rcd 3939 (1999).   While Mountain West has alleged
 that there are some local businesses and churches, it has not shown that they are intended to serve
 Kanarraville as opposed to other areas.  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 633 (1991) and cases cited therein.   We have determined that
 Kanarraville is incorporated and does have a post office and the area is credited with a population
 of 228 people.  However, Mountain West has not provided the names or addresses of any social
 or civic organizations, schools, libraries or other governmental services which are located within
 Kanarraville.   To support community status, Mountain West could have provided the names of any
 businesses which contain "Kanarraville" in their names, excerpts from a telephone book showing
 Kanarraville's separate telephone exchange, a list of industries, specific names and addresses of
 churches in Kanarraville, affidavits from residents of Kanarraville, name and address of the mayor,
 council members, evidence that rural residents view Kanarraville as a center for shopping and
 medical services, name and address of schools, parks, civic associations, or any additional
 information to support community status.  
 
 4.  Accordingly, IT IS ORDERED, That the petition of Mountain West Broadcasting
 proposing the allotment of Channel 268C2 at Kanarraville, Utah, IS HEREBY DISMISSED.
 
 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