******************************************************** 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. 99-202 Table of Allotments, ) RM-9620 FM Broadcast Stations. ) (Mountainaire, Arizona) ) 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 9043 (1999), issued in response to a petition for rule making filed by Mountain West Broadcasting ("petitioner") proposing the allotment of Channel 293A to Mountainaire, Arizona, as that locality's first local aural transmission service. Petitioner filed supporting comments in response to the Notice. Mountainaire Broadcasting Company ("MBC") also filed comments stating its intention to apply for Channel 293A if it is allotted to Mountainaire. REC Networks ("REC") filed opposing comments. No other comments were received. 2. As Mountainaire 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 Mountainaire to qualify it as a community for allotment purposes. In response, petitioner states that Mountainaire has a population of 750 persons according to the Rand McNally Road Atlas, and has several retail businesses. 3. REC reports that Mountainaire appears to be a subdivision in the unincorporated area adjacent to the Flagstaff urbanized area. Further, REC advises that a search of the US WEST DEX White Pages directory reveals only two business establishments at Mountainaire, i.e., the Mountainaire Store and the Mountainaire Tavern, both of which have telephone prefixes that are in the Flagstaff rate center. Moreover, REC reports that although Mountainaire is located in Coconino County, it does not appear to be served by either the Coconino County Sheriff's Department nor the Flagstaff Patrol district, and surmises that a lack of such law enforcement services further diminishes Mountainaire's significance as a community. 4. Based upon the information submitted in comments by the petitioner and REC, as well as our independent research, we believe that Mountainaire does not qualify as a community for allotment purposes. Mountainaire's listing in the Rand McNally Road Atlas indicates nothing more than its geographical location. See Vimville, Mississippi, 48 FR 5974 (1983) and Hannibal, Ohio, 6 FCC Rcd 2144 (1991). Nor did petitioner identify the retail businesses it attributes to Mountainaire or provide street addresses to demonstrate their presence at that locality. Additionally, we have no indication that Mountainaire 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 Mountainaire's community status. Therefore, we find that it would not serve the public interest to allot a channel to Mountainaire. 5. In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting proposing the allotment of Channel 293A to Mountainaire, Arizona (RM-9620), 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