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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. 99-183
Table of Allotments,                 )  RM-9586
FM Broadcast Stations.               )
(Herlong, California)                )

                        REPORT AND ORDER
                          (Proceeding Terminated)                              

   Adopted:  February 9, 2000           Released:  February 18, 2000

 By the Chief, Allocations Branch:
 
     1.  Before the Commission for consideration is the Notice of Proposed Rule Making ("Notice"),
 14 FCC Rcd 8225 (1999), issued in response to a petition for rule making filed by Mountain West
 Broadcasting ("petitioner") proposing the allotment of Channel 281C2 to Herlong, California, 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 Herlong is not incorporated or 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 Herlong to qualify it as a community for allotment
purposes.  In response, petitioner states that Herlong has a population of 1,200 persons according to the
1999 Rand McNally Road Atlas.  Further, petitioner reports that Herlong has several retail businesses
including a general store, as well as its own post office (zip code 96113), a school and a church.  

     3.  Based upon the information submitted by the petitioner as well as our independent research,
we believe that Herlong does not qualify as a community for allotment purposes.  Petitioner has provided
no official documentation to verify the estimated population it attributes to Herlong.  Nor did the
petitioner identify the several retail businesses it attributes to Herlong or provide street addresses to
demonstrate their presence at that locality.   Additionally, we have no evidence to establish that Herlong
contains any political, social, economic, commercial, cultural or religious organizations and services that
identify themselves with that locality, nor any testimony of local residents attesting to Herlong's
community status.  Therefore, we find that it would not serve the public interest to allot a channel to
Herlong.  

     4.  In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting
proposing the allotment of Channel 281C2 to Herlong, California (RM-9586), 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