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 Federal  Communications  Commission  DA  00-  302 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  99-  186 
 Table  of  Allotments,  )  RM-  9589 
 FM  Broadcast  Stations.  ) 
 (Mettler,  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  255A  to  Mettler, 
 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  Mettler  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  Mettler  to  qualify  it  as  a  community  for 
 allotment  purposes.  In  response,  petitioner  states  that  Mettler  has  a  population  of  200  persons 
 according  to  the  1998  Rand  McNally  road  map.  Further,  petitioner  reports  that  Mettler  has  several 
 retail  businesses  including  a  convenience  store,  as  well  as  its  own  post  office  (zip  code  96113). 


 3.  Based  upon  the  information  submitted  by  the  petitioner  as  well  as  our  independent 
 research,  we  believe  that  Mettler  does  not  qualify  as  a  community  for  allotment  purposes.  Petitioner 
 has  provided  no  official  documentation  to  verify  the  estimated  population  it  attributes  to  Mettler.  Nor 
 did  the  petitioner  identify  the  several  retail  businesses  it  attributes  to  Mettler  or  provide  street 
 addresses  to  demonstrate  their  presence  at  that  locality.  Additionally,  we  have  no  evidence  to 
 establish  that  Mettler  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  Mettler’s  community  status.  Therefore,  we  find  that  it  would  not  serve  the 
 public  interest  to  allot  a  channel  to  Mettler. 


 4.  In  view  of  the  above,  IT  IS  ORDERED,  That  the  petition  of  Mountain  West  Broadcasting 
 proposing  the  allotment  of  Channel  255A  to  Mettler,  California  (RM-  9589),  IS  DENIED. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
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 Federal  Communications  Commission  DA  00-  302 
 2 
 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 
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