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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. 99-104
Table of Allotments,	)	RM-9507
FM Broadcast Stations.	)
(Beulah, Colorado)                                              	)

REPORT AND ORDER
 			(Proceeding Terminated)  		                   

   Adopted:  November 24, 1999	Released:  December 3, 1999  

By the Chief, Allocations Branch:

1.  Before the Commission for consideration is the Notice of Proposed Rule Making ("Notice"), 14 FCC Rcd 4567 (1999), issued herein in response to a petition for rule making filed by Mountain West Broadcasting ("petitioner"), proposing the allotment of Channel 230C3 to Beulah, Colorado, as that locality's first local aural transmission service.  Petitioner filed supporting comments in response to the Notice.  No other comments were received.

2.  As Beulah, Colorado, is not incorporated nor listed in the U.S. Census, the Notice requested the petitioner to provide specific information such as any political, social, economic, commercial, cultural, or religious organizations and services that may be present in Beulah to qualify it as a community for allotment purposes.    In response, petitioner advises that Beulah has an approximate population of 600 persons according to the Rand McNally Atlas, and has its own post office, public school, telephone company and several retail businesses.  Further, petitioner acknowledges that while Beulah is not incorporated it is growing and in its opinion will likely be organized soon.  

3.  Based upon the information submitted by the petitioner it is comments, we believe it has failed to establish that Beulah qualifies as a community for allotment purposes.  Although petitioner states that Beulah has its own post office, the Commission has previously found that the presence of a post office is not sufficient to establish community status.  See Crestview and Westbay, Florida, 7 FCC Rcd 3059 (1992), and cases cited therein.  Nor does Beulah's listing in the Rand McNally Atlas indicate anything more than its geographical location.  See Vimville, Mississippi, 48 FR 5974 (1983) and Hannibal, Ohio, 6 FCC Rcd 2144 (1991).  Additionally, while petitioner states that Beulah has a public school, telephone company and several retail businesses, it has not identified those entities with a street address nor demonstrated that they are intended to serve Beulah as opposed to other areas.  This is a critical deficiency as we have previously rejected claims of community status where a nexus between the political, social and commercial organizations and the community in question has not been shown.  See Pike Road and Ramer, Alabama, 10 FCC Rcd 10347 (1995).   Nor has petitioner shown other indicia of community status such as a city hall, local government, municipal services, newspaper, financial institutions or civic organizations such as a Lions Club or Rotary Club, or organizations such as a Chamber of Commerce.  Therefore, we find that it would not serve the public interest to allot a channel to Beulah.

4.  In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting proposing the allotment of Channel 230C3 to Beulah, Colorado, (RM-9507), IS DENIED.  

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

	6.  For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180.

	                                         FEDERAL COMMUNICATIONS COMMISSION





John A. Karousos 
Chief, Allocations Branch                                                          Policy and Rules Division
                                                 Mass Media Bureau
								
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	Federal Communications Commission	DA 99-2671	







	Federal Communications Commission	DA 99-2671