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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.  98-23
Table of Allotments,            )  RM-9226
FM Broadcast Stations.          )
(Bozeman, Montana )             )
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted:  May 6, 1998                
     Released:  May 15, 1998   

 By the Chief, Allocations Branch:
 
 1.  In response to a petition filed by Bozeman Educational Access Radio ("B.E.A.R."), the
 Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 4327
 (1998), seeking the allotment of Channel 240C3 at Bozeman, Montana, and reservation of the
 channel for noncommercial educational use.  B.E.A.R. filed comments reiterating its intention to
 apply for Channel *240C3 at Bozeman.    No other comments were received at the Commission
 in response to this proposal.
 
 2.  As stated in the Notice, noncommercial educational stations generally operate within the
 reserved portion of the FM band (Channels 201-220).  Exceptions have been made in cases where
 the channels in the noncommercial educational band are not available because of foreign allocations
 (Canadian or Mexican) or potential interference to operations on VHF Television Channel 6.  In
 this case, Channels 219 and 220 could potentially be allotted to Bozeman but they are precluded
 by domestic FM Station KGLT, Bozeman, Montana.  The majority of the remaining channels in the
 noncommercial band are precluded by two Channel 6 stations, KTVM, Butte, Montana, and KSVI,
 Billings, Montana. 
 
 3.  After a review of the comments, we conclude that the reservation of a commercial channel
 is justified.  No party has expressed an interest in the use of the channel as a commercial facility. 
 Channel *240C3 can be allotted to Bozeman, Montana, in compliance with the Commission's
 minimum distance separation requirements.   
 
 4.  We believe the public interest would be served by the allotment of Channel *240C3 to
 Bozeman, Montana, since it would provide the community with additional noncommercial
 educational service.  Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1),
 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61,
 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective June 29,   1998, 
 the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the
 community listed below, as follows:
 
               
               Community           Channel Number
 
                Bozeman, Montana         229C1, 236C1,
                                   *240C3, 260C1,
                                   *271C2, 278C1
 
 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.    Questions related to the application filing process for Channel
 *240C3 at Bozeman, Montana, should be addressed to the Audio Services Division, Mass Media
 Bureau, (202) 418-2700.           
     
     
                              FEDERAL COMMUNICATIONS COMMISSION
 
 
 
                              John A. Karousos
                              Chief, Allocations Branch
                              Policy and Rules Division
                              Mass Media Bureau