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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No. 96-127
Table of Allotments,            )  RM-8805
FM Broadcast Stations.          )
(Kula, Hawaii)                                 )

                       REPORT AND ORDER 
                    (Proceeding Terminated)                               

   Adopted:  February 26, 1997          Released:  March 7, 1997

  By the Chief, Allocations Branch:
  
      1.  The Commission considers herein the Notice of Proposed Rule Making, ("Notice"),
  11 FCC Rcd 6658 (1996), issued in response to a petition for rule making filed by Sonia A.
  Humphrey ("petitioner") proposing the allotment of FM Channel 244A to Kula, Hawaii, as that
  locality's first local aural transmission service.  Petitioner failed to file comments in response to
  the Notice.  Opposing comments were filed on behalf of Visionary Related Entertainment, Inc.
  ("Visionary").   No other comments were received.
  
      2.  The Notice raised the issue of whether Kula, Hawaii, constitutes a bona fide"community", as that term is defined for purposes of Section 307(b) of the Communications Act,
  as amended by the Telecommunications Act of 1996, for allotment objectives.   As Kula is not
  credited with a separate population listing in the 1990 U.S. Census, petitioner was requested to
  provide information to demonstrate whether Kula is incorporated, or contains other indicia
  normally associated with a community such as commercial establishments, social, economic,
  cultural or religious organizations, municipal services, or governmental units that identify
  themselves specifically with Kula.  See, e.g., Gretna, et al., Florida, 6 FCC Rcd 633 (1991); Oak
  Grove, Florida, 5 FCC Rcd 3774 (1990); and East Hemet, et al., California, 4 FCC Rcd 7895
  (1989).  
  
      3.  As stated in the Notice, a showing of continuing interest is required before a channel
  will be allotted.  In the absence of such an expression of interest, it is the Commission's policy to
  refrain from allotting the requested channel.  Therefore, in view of the petitioner's failure to
  respond to the Notice, and in the absence of any other party to express an interest and provide
 information to support the allotment of Channel 244A to Kula,   the proposal will be dismissed.
  See, Kalispell, Montana, 6 FCC Rcd 1281 (1991), and the Appendix to the Notice.
  
  
      4.  Accordingly, IT IS ORDERED, That the petition for rule making filed by Sonia
  Humphrey requesting the allotment of Channel 244A to Kula, Hawaii (RM-8805) IS DISMISSED.
  
      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