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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. 99-121
Table of Allotments,            )       RM-9552
FM Broadcast Stations.          )
(Eagle Nest, New Mexico)        )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted: September 22, 1999                Released:  October 1, 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 6308 (1999), proposing the allotment of
Channel 284C2 to Eagle Nest, New Mexico, as its first local aural service.  Petitioner filed comments
supporting the allotment.  No other comments were received.

     2.  The Notice requested that the petitioner provide specific information to demonstrate that
Eagle Nest has the social, economic and governmental indicia to qualify it as a community for
allotment purposes.  In response, petitioner reiterates that Eagle Nest is incorporated with a
population of 189 persons, and adds that it has a mayor and town council, its own post office and zip
code.

     3.  Based on the evidence submitted by the petitioner, we believe that it has failed to establish
that Eagle Nest qualifies as a community for allotment purposes and therefore would not serve the
public interest to allot a channel.  In response to the Notice, petitioner merely states that Eagle Nest
has a mayor, town council, post office and zip code.  It has not shown other indicia of community
status, such as municipal services which are provided by the town, schools, a library, a newspaper,
financial institutions or civic organizations, such as a Lions Club or Rotary Club, or organizations
such as a Chamber of Commerce.  Further, it provides no information as to any businesses which
might exist to serve Eagle Nest.  While petitioner states that Eagle Nest has a mayor and city council,
it provides no information as to what municipal services are provided to the residents.  Additionally,
while we acknowledge that Eagle Nest does have a post office, the Commission has previously held
that the existence of a post office is insufficient, by itself, to demonstrate that a place is a community
for allotment purposes.  See Broadview, Montana, MM Docket 99-79, released September 3, 1999
(64 FR 51470, September 23, 1999), and cases cited therein, Avon, North Carolina, 14 FCC Rcd
3939 (1999). 

     4.  Accordingly, IT IS ORDERED, That the petition of Mountain West Broadcasting
(RM-9552) 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