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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.  97-180
Table of Allotments,            )  RM-9104
FM Broadcast Stations.          )
(Hawthorne, Wisconsin)          )
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted:  November 19, 1997          Released:  December 5, 1997  

 By the Chief, Allocations Branch:
 
 1.  The Commission has before it for consideration the Notice of Proposed Rule Making, 12
 FCC Rcd 11967 (1997), issued in response to a petition filed by  Bruce F. Elving ("Elving"),
 proposing the allotment of Channel 293A to Hawthorne, Wisconsin, as that community's first local
 broadcast service.  Elving filed comments in response to the Notice.  WTRW, Incorporated
 ("WTRW") filed a counterproposal.  Elving and WTRW filed reply comments.
 
 2.  In the Notice, Elving was requested to furnish sufficient information to support a finding
 that Hawthorne is a community for allotment purposes since it is not listed in the U.S. Census. 
 Elving was also requested to provide specific information as to the social, economic cultural or
 government indicia to determine whether Hawthorne is a community for allotment purposes.  The
 Notice further requested that Elving specify whether it is requesting Hawthorne or the Town of
 Hawthorne, as the community of allotment for Channel 293A.   In response, Elving states that
 applications for Channel 293A should specify the township boundaries as no city known as
 Hawthorne  exists despite the 1995 Edition of the Rand McNally Commercial Atlas listing
 Hawthorne, 100 people.  According to Elving the Town of Hawthorne has a laundromat, Johnson
 Materials and Forest Products, Covered Wagon Restaurant and bar.  There is also a  Gas Station
 and convenience store, Hunter's Chariot Wheels (used cars) and nearby is Priem's Forest Products. 
 There is an Assembly of God church, Whispering Pines Evangelical Free church, a Baptist church
 just across the town line and the Town of Hawthorne has a volunteer fire department.  Elving
 points out that Hawthorne has a town clerk, post office and zip code, while schools are in the
 neighboring towns of Maple and Lake Negagamon
 
 3.  Based on the totality of the evidence submitted by Elving, we believe he has failed to
 establish that Hawthorne qualifies as a community for allotment purposes and therefore it would
 not serve the public interest to allot a channel to Hawthorne.  See Mokelumne Hill, California, 4
 FCC Rcd 7108 (1989) and Lupton, Michigan, 11 FCC Rcd 14428 (1996).   While Elving has
 alleged that there are some local businesses, churches and community services, he has not
 specifically identified these entities with street addresses or shown that they are intended to serve
 the residents of Hawthorne, as opposed to the surrounding area.  This is a critical deficiency
 because, in past cases, we have rejected claims of community status where a nexus has not been
 shown between the political, social and commercial organizations and the community in question. 
 See Gretna, Marianna, Quincy and Tallahassee, Florida, 6 FCC Rcd 633 (1991), and cases cited
 therein; Ellison Bay, Wisconsin, 9 FCC Rcd 2327 (1994), recon. denied, 10 FCC Rcd 8082 (1995). 
 Elving has, in fact, stated that the channel should be allotted to Hawthorne Township instead of
 Hawthorne.   We do acknowledge that Hawthorne can be located on a state map in Douglas
 County.  Further, according to the 1995 edition of the Rand McNally Commercial Atlas and
 Marketing Guide ("Atlas"), Hawthorne does have a post office and is credited with a population
 of 100 people.   However, we believe that the record in this proceeding is insufficient to find that
 Hawthorne is a community for allotment purposes.  Therefore, we will not allot Channel 293A to
 Hawthorne.
 
 
 4.  IT IS FURTHER ORDERED, That the request of Bruce F. Elving for the allotment of
 Channel 293A at Hawthorne, Wisconsin, IS DENIED.
 
 5.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
 6.  For further information concerning this proceeding, contact Kathleen Scheuerle, Mass
 Media Bureau, (202) 418-2180.
  
                                         
                                                   FEDERAL COMMUNICATIONS COMMISSION
  
  
  
  
  
                                                    John A. Karousos 
                                                    Chief, Allocations Branch                                                            
                        Policy and Rules Division
                                                    Mass Media Bureau