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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.  99-225
Table of Allotments,                 )  RM-9635
FM Broadcast Stations.               )
(Saint Regis, Montana )             )
                                     

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted: June 21, 2000               Released: June 30, 2000     

     By the Chief, Allocations Branch:
     
1.   In response to a petition filed by the Battani Corporation ("Battani"),  the Commission has
before it for consideration the Notice of Proposed Rule Making, 14 FCC Rcd 9365 (1999), seeking the
allotment of Channel 256C2 at Saint Regis, Montana, as that community's first local service.  No other
comments were received in response to the Notice.

2.   The Notice questioned community status for Saint Regis and requested parties filing comments
to provide additional information demonstrating that Saint Regis is a community for allotment purposes.
In response, Battani states that Saint Regis, located in Mineral County, is a Census Designated Place
with a 1990 Census population of 600 people but a Mineral County Official puts the current population
at about 800.  Battani further states that Saint Regis has its own local fire department, sewer district, post
office, banks, a local library and a senior citizens center.  According to Battani, Saint Regis has local
churches, retail shops, restaurants, motels, gas stations, antique shops, real estate offices and its own
school system.  Battani points out that Saint Regis is a tourist and logging center which caters to tourists
with a Visitor's Center and multi-use community park.
 
3.   We believe that the public interest would be served by the allotment of Channel 256C2 at Saint
Regis, Montana, as it will provide the community with its first local broadcast service.  Channel 256C2
can be allotted to Saint Regis in compliance with the Commission's minimum distance separation
requirements with a site restriction 18.1 kilometers east of the community.   Canadian concurrence has
been received for the allotment of Channel 256C2 at Saint Regis.  In response to our concerns of
community status, we believe that Battani has provided sufficient information to fulfill the
Commission's expectations for community status for allotment purposes.  See  Keansville, Florida, 10
FCC Rcd 9831 (1995). Saint Regis has  a school and churches, its own post office and zip code, bank
and some local businesses, fire department, municipal water system, senior citizens center, hotels, and
a local library.       
 
4.   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 August 14, 2000, 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
     
                    Saint Regis, Montana                256C2          

5.   A filing window for Channel 256C2 at Saint Regis, 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.         
     
6.   IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
7.   For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media Bureau,
(202) 418-2180.    Questions related to the application filing process for Channel 256C2 at Saint Regis,
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