******************************************************** 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. 99-188 Table of Allotments, ) RM-9591 FM Broadcast Stations. ) (Bruneau, Idaho) ) 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 273C1 to Bruneau, Idaho, 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 Bruneau 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 Bruneau to qualify it as a community for allotment purposes. In response, petitioner states that Bruneau has a population of 125 persons according to the 1998 Rand McNally road map. Further, petitioner reports that Bruneau has several retail businesses including a convenience store, as well as its own post office (zip code 83604) which is shared with Bruneau Valley. Additionally, petitioner advises that Bruneau is the gateway and home to the Bruneau Dunes State Park and recreational area. 3. Based upon the information submitted by the petitioner as well as our independent research, we do not believe that Bruneau qualifies as a community for allotment purposes. Petitioner has provided no official documentation to identify the several retail businesses it attributes to Bruneau or provide street addresses to demonstrate their presence at that locality. Bruneau's listing in the 1998 Rand McNally road map with a population of 125 persons indicates nothing more than geographical location, and is not sufficient to establish community status. See Vimville, Mississippi, 48 FR 5974 (1983). Nor is the presence of a post office and zip code at Bruneau adequate to find it constitutes a community. See Coker, Alabama, 43 RR 2d 190 (1978). Nor do we have any evidence to establish that Bruneau contains any political, social, economic, commercial, cultural or religious organizations and services that identify themselves with that locality, or testimony of local residents to substantiate Bruneau's community status. Therefore, we find that it would not serve the public interest to allot a channel to Bruneau. 4. In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting proposing the allotment of Channel 273C1 to Bruneau, Idaho (RM-9591), 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