******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect 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. 98-138 Table of Allotments, ) RM-9309 FM Broadcast Stations. ) (Whitehall, Montana ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 18, 1998 Released: November 27, 1998 By the Chief, Allocations Branch: 1. In response to a petition filed by Whitehall Broadcasting Company ("petitioner"), the Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 13895 (1998), seeking the allotment of Channel 274A at Whitehall, Montana, as that community's first local broadcast service. Petitioner filed comments reiterating its intention to apply for Channel 274A at Whitehall, Montana. No other comments were received at the Commission in response to this proposal. 2. We believe the public interest would be served by allotting Channel 274A to Whitehall, Montana, as it will provide the community with its first local broadcast service. Channel 274A can be allotted to Whitehall, Montana, in compliance with the minimum distance separation requirements of the Commission's Rules provided there is a site restriction 12.7 kilometeres (7.9 miles) northwest of the community. The site restriction will prevent a conflict with a construction permit for Channel 275C at Island Park, Idaho (BPH-961023MJ). 3. 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 January 11, 1999, 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 Whitehall, Montana 274A 4. A filing window for Channel 274A at Whitehall, Montana, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 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 274A at Whitehall, 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