******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 99-118 Table of Allotments, ) RM-9549 FM Broadcast Stations. ) (Logandale, Nevada) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 27, 2000 Released: February 1, 2000 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 291C1 to Logandale, Nevada, as its first local aural service. Comments were filed by the petitioner and by Hodson Broadcasting ("Hodson"). No other comments were received. 2. The Notice requested that the petitioner provide specific information to demonstrate that Logandale has the social, economic and governmental indicia to qualify it as a community for allotment purposes. As stated in the Notice: "Petitioner states that Logandale is located in Clark County and has a population of 500 persons according to the 1999 Rand McNally Road Atlas. However, since Logandale is not listed in the 1990 U.S. Census, petitioner must demonstrate its community status. This may be proven by the testimony of local residents or by objective or subjective evidence indicating the existence of a community. . .Some examples of objective indications of community status include the existence of political, social, economic, commercial, cultural or religious organizations and services in the Commission. . .Petitioner is requested to provide additional information regarding the attributes of Logandale, Nevada, consistent with the above guidelines." In response, petitioner states that Logandale has its own post office and zip code, three public schools (elementary, middle and high), a volunteer fire department, two churches, a town market and a gas station. In addition, it states that the town is home to the local area water company. 3. Based on the evidence submitted by the petitioner, we believe that it has failed to establish that Logandale is a community for allotment purposes and therefore would not serve the public interest to allot the requested channel. While the petitioner states that Logandale has a post office, three public schools, volunteer fire department, churches, a town market and gas station, it has not specifically identified these entities with addresses or shown that they are intended to serve the residents of Logandale, 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, Broadview, Montana, 14 FCC Rcd 14101 (1999), Avon, North Carolina, 14 FCC Rcd 3939 (1999), and Pleasant Dale, Nebraska, 14 FCC Rcd 18893 (1999). We have determined that Logandale has a post office, with no residential delivery service but post box service only. 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. Further, we have been unable to confirm that it has any schools or fire department. Therefore, we find that the record in this proceeding is insufficient to find that Logandale is a "community" for allotment purposes and will not allot the requested channel. 4. Accordingly, IT IS ORDERED, That the petition for rule making filed by Mountain West Broadcasting (RM-9549) 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