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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.  99-61
Table of Allotments,            )  RM-9448
FM Broadcast Stations.          )
(Polson, Montana )              )
                                     

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted: March 15, 2000              Released:  March 24, 2000     

     By the Chief, Allocations Branch:
     
1.   In response to a petition filed by Mountain West Broadcasting ("Mountain West"), the
Commission has before it for consideration the Notice of Proposed Rule Making,  14 FCC Rcd 2888
(1999),  requesting the allotment of Channel 259C3 at Polson, Montana.  Mountain West filed comments
restating its interest in the allotment of Channel 259C3 at Polson. No other comments were received in
response to the Notice in this proceeding.
     
2.    As stated In the Notice, the proposal for Channel 259C3 at Polson, Montana, complies with the
Commission's spacing requirements.  We noted that the community of Polson is located on the Flathead
Indian Reservation and requested parties to address this issue when filing comments.   In response,
Mountain West stated that it had identified several potential transmitter sites that are located outside the
boundaries of the Flathead Indian Reservation that would provide the required 70 dBu service to Polson. 
Mountain West indicated that these sites are located in the Mission Mountain Range and at an area just
north of the community of Proctor, Montana.  However,  Mountain West did not provide coordinates or
any type of information that would enable Commission staff  to review these sites.  Further, although not
requested, Mountain West failed to provide any documentation indicating that approval for a transmitter
site on the Reservation could be obtained.  A staff engineering analysis was unable to locate any
theoretical sites outside of the Flathead Indian Reservation that provided 70 dBu coverage to Polson
without line-of-site problems.   At the allotment stage we do not require a detailed analysis demonstrating
site availability, but rather a showing that a theoretical site is available for the allotment that complies with
all technical requirements.  In light of the above, we do not believe that Mountain West has met its
obligation to demonstrate that a theoretical site is available for the allotment of  Channel 259C3 at Polson,
Montana.  See Cusseta, Georgia, 3 FCC Rcd   (1991).   Therefore, we will deny Mountain West's proposal.
                    
3.   In view of the above, IT IS ORDERED, That the Petition for Rule Making filed by Mountain
West Broadcasting (RM-9448), requesting the allotment of Channel 259C3 at Polson, Montana, IS
DISMISSED.
     
4.   IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
     
5.        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