******************************************************** 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. 99-187 Table of Allotments, ) RM-9590 FM Broadcast Stations. ) (Summit City, California) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 23, 2000 Released: March 3, 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 221A to Summit City, 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 Summit City 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 Summit City to qualify it as a community for allotment purposes. In response, petitioner states that Summit City has a population of 1,136 persons according to the 1999 Rand McNally road map. Further, petitioner reports that Summit City has several retail businesses including two convenience stores, as well as its own post office (zip code 96089), a school and several churches. 3. Based upon the information submitted by the petitioner as well as our independent research, we believe that Summit City does not qualify as a community for allotment purposes. Petitioner has provided no official documentation to verify the estimated population it attributes to Summit City. Nor did the petitioner identify the several retail businesses it attributes to Summit City or provide street addresses to demonstrate their presence at that locality. Additionally, we have no evidence to establish that Summit City 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 Summit City's community status. Therefore, we find that it would not serve the public interest to allot a channel to Summit City. 4. In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting proposing the allotment of Channel 221A to Summit City, California (RM-9590), 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