******************************************************** 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. 97-232 Table of Allotments, ) RM-9191 FM Broadcast Stations. ) (Eureka, Montana ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 21, 1998 Released: January 30, 1998 By the Chief, Allocations Branch: 1. In response to a petition filed by William G. Brady d/b/a KHJ Radio ("Brady"), the Commission has before it for consideration the Notice of Proposed Rule Making, 12 FCC Rcd 18314 (1997), seeking the allotment of Channel 228C3 at Eureka, Montana, as that community's first local broadcast service. Brady filed comments reiterating his intention to apply for Channel 228C3 at Eureka. 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 228C3 at Eureka, Montana, since it will provide the community with its first local service. As indicated in the Notice, Channel 228C3 can be allotted to Eureka in compliance with the Commission's minimum distance separation requirements without a site restriction. Although it is not necessary to site restrict the allotment, as stated in the Notice, our analysis indicates that Channel 228C3 at Eureka is short spaced to vacant Channel 226C, Cranbrook, British Columbia, Canada. Therefore, we have obtained concurrence from the Canadian government for the allotment of Channel 228C3 at Eureka as a specially negotiated short-spaced allotment. 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 March 16, 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 Eureka, Montana 228C3 4. A filing window for Channel 228C3 at Eureka, 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 window application filing process for Channel 228C3 at Eureka, 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