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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. 99-175
Table of Allotments,            )            RM-9578
FM Broadcast Stations.          )        
(Hanamaulu, Hawaii)             )                                     
                                                            
     )
                               
                        REPORT AND ORDER
                          (Proceeding Terminated)                              

   Adopted:  February 2, 2000           Released:  February 11, 2000  

 By the Chief, Allocations Branch:

     1.  Before the Commission for consideration is the Notice of Proposed Rule Making ("Notice"),
(DA 99-971, released May 21, 1999, issued in response to a petition for rule making filed by Mountain
West Broadcasting ("petitioner") proposing the allotment of Channel 266C1 to Hanamaulu, Hawaii, as
that locality's first local aural transmission service.  Petitioner filed supporting comments in response to
the Notice.  Comments were also filed on behalf of Aloha Mahalo Broadcasting Company ("Aloha"). 
No other comments were received.

     2.  Although the Notice did not question Hanamaulu's status at a community for allotment
purposes, Aloha contends that it is not a community but rather a neighborhood, citing Belview,
Minnesota, 11 FCC Rcd 12793 (1996) and Lupton, Michigan, 11 FCC Rcd 14428 (1996). Additionally,
Aloha states that Hanamaulu is neither incorporated nor listed in the U.S. Census, and has no governing
authority, nor police or fire departments, and no taxing authority.  Aloha provided a Declaration by
Patrick J. Childs ("Childs"), the former Commissioner of Police on the Island of Kauai, where
Hanamaulu is located attesting to the status of Hanamaulu.  In addition to the above,  Mr. Childs, a life-
long resident of Kauai, states that the area, which is unincorporated, is more accurately described as a
neighborhood instead of a community, and that the population of population of Hanamaulu is not
separately indexed for census purposes.
     
     3.  We agree with Aloha's assertions.  Although Hanamaulu is listed as a CDP is the U.S.
Census Reports with a population of 3,611, therefore raising a strong presumption of community status,
that presumption is rebuttable.  See Stock Island, Florida, 8 FCC Rcd 343 (1993) and cases cited therein. 
Aloha presented sufficient evidence regarding Hanamaulu to rebut that presumption. 
     
     4.  Petitioner did not respond to Aloha's assertions, and we have no other indication that
Hanamaulu contains any businesses or political, social and commercial organizations which identify
themselves with that locality, nor any testimony of local residents attesting to Hanamaulu's community
status.  Therefore, we believe that the record in this proceeding is insufficient to find that Hanamaulu is
a community for allotment purposes.  Therefore, we will not allot Channel 266C1 to Hanamaulu.   
     
     5.  In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting
proposing the allotment of Channel 266C1 to Hanamaulu, Hawaii (RM-9577), IS DENIED.
     
     6.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

     7.  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