******************************************************** 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. 99-163 Table of Allotments, ) RM-9595 FM Broadcast Stations. ) (Jackpot, Nevada) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 1, 2000 Released: March 10, 2000 By the Chief, Allocations Branch: 1. At the request of Mountain West Broadcasting ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 14 FCC Rcd 7397 (1999), proposing the allotment of Channel 287C1 to Jackpot, Nevada, as its first local aural service. Petitioner and Jackpot Broadcasting Company ("JBC") each filed comments stating their intention to apply for the channel, if allotted. No other comments were received. 2. As stated in the Notice, Jackpot is not listed in the U.S. Census. Therefore, the petitioner was requested to provide sufficient information to determine that Jackpot is a "community" for allotment purposes, using the guidelines set forth in the Notice. See, Beacon Broadcasting, 2 FCC Rcd 3469 (1987), aff'd. 2 FCC Rcd 7562 (1987), and Kenansville, Florida, 5 FCC Rcd 2663 (Policy and Rules Div. 1990), aff'd. 10 FCC Rcd 9831 (1995). In response, petitioner states that Jackpot is not incorporated but, according to the Rand McNally Road Atlas, has a population of 570 persons and its own post office and zip code. In addition, petitioner states that Jackpot has a public school (kindergarten through 12th grade), three churches, a fire department, and "many retail businesses, including five casinos, a general store, video store and several other businesses. . .". In addition, it states that there are three county deputies stationed in Jackpot. JBC's comments did not address the community issue, merely stating its intention to apply for the channel, if allotted. 3. Based on the record before us, we find that petitioner's comments are not responsive to our request that it provide sufficient information to demonstrate that Jackpot is a community for allotment purposes. The Commission has previously found that the presence of a post office is not sufficient to establish community status and a listing in the Rand McNally Atlas indicates nothing more than its geographical location. See Crestview and Westbay, Florida, 7 FCC Rcd 3059 (1992) and Hannibal, Ohio, 6 FCC Rcd 2144 (1991). While petitioner states that Jackpot has a school, casinos and several other businesses, it did not identify those entities by name and street address or demonstrate that they are intended to serve Jackpot as opposed to other areas. We have previously rejected claims of community status where a nexus between the political, social and commercial organizations and the community in question has not been shown. See Pike Road and Ramer, Alabama, 10 FCC Rcd 10347 (1995). No has petitioner shown other indicia of community status such as a community center, newspaper, banks or civic and social organizations. Therefore, we find that it would not serve the public interest to allot Channel 287C1 to Jackpot, Nevada. 4. Accordingly, IT IS ORDERED, That the petition for rule making filed by Mountain West Broadcasting to allot Channel 287C1 to Jackpot, Nevada (RM-9595), IS DENIED. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau