**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 97-51

Table of Allotments, ) RM-8983

FM Broadcast Stations. )

(Alberton, Montana) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: June 18, 1997** **Released: June 27, 1997**

> By the Chief, Allocations Branch:
>
> 1\. The Commission has before it for consideration the [Notice of
> Proposed Rule Making]{.underline}, 12 FCC Rcd 1407 (1997), proposing
> the allotment of Channel 284A to Alberton, Montana, as that
> community\'s first local FM broadcast service. The
> [Notice]{.underline} was issued in response to a petition filed by
> Vixon Valley Broadcasting (\"Vixon\"). Vixon filed comments
> reiterating its intention to apply for Channel 284A at Alberton.[^1]
> No other comments were received at the Commission in response to this
> proposal.
>
> 2\. The [Notice]{.underline} requested that Vixon furnish the
> Commission with some additional information. First, we requested Vixon
> to demonstrate that Alberton has the social, economic and cultural
> indicia to qualify it as a community for allotment purposes. In
> response, Vixon states that Alberton has a public school and athletic
> field, post office, church and several retail businesses. According to
> Vixon, there is a public water and sewer system in the community.
> Second, the [Notice]{.underline} indicated that Channel 284A could be
> allotted to Alberton without a site restriction provided Canadian
> concurrence could be obtained for this allotment. We noted that
> Alberton is located in an area of several national forests and state
> parks and requested Vixon to provide information showing that an
> actual transmitter site is available that provides city grade coverage
> to Alberton. Vixon failed to provide information regarding site
> availability. 3. In response to our request for additional information
> concerning community status, Vixon has provided adequate information.
> A Commission analysis determiend that Alberton has a Town Hall,
> Alberton Elementery School and Alberton High School, and a Senior
> Citizen Center, and is served by the Alberton Community Church. The
> Valley Grocery Store, Hole In the Wall Lodge, Sidetrack Cafe, Montana
> Hotel & Country Inn, and Alberton Truck & Auto Repair all have an
> Alberton address. The Northwest Indian bible School is also located in
> Alberton. In addition, Alberton is incorporated, listed in the 1990
> Census and has its own post office.
>
> 4\. In response to our concern over availability of a transmitter
> site, Vixon failed to provide any information. The
> [Notice]{.underline} pointed out that Channel 284A could be allotted
> to Alberton, Montana, consistent with the Commission\'s spacing
> requirements, without a site restriction.[^2] In this instance, our
> concern was not over proper spacing or city grade coverage, but
> whether a suitable site did exist. The Commission\'s concerns at the
> rule making stage do not generally require detailed showings
> concerning the availability or suitability of a specific transmitter
> site. We do, however, require a showing demonstrating only that such
> an area does eixst. [See]{.underline} [Chenango Bridge, Norwich &
> Cincinnatus, New York]{.underline}, 8 FCC Rcd 6621 (1993).
>
> 5\. Accordingly, base on the above discussion, IT IS ORDERED, That the
> petition for rule making submitted by Vixon Valley Broadcasting for
> the allotment of Channel 284A at Alberton, Montana, IS DENIED.
>
> 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.
>
> FEDERAL COMMUNICTAIONS COMMISSION
>
> John A. Karousos
>
> Chief, Allocations Branch
>
> Policy and Rules Division
>
> Mass Media Bureau

[^1]: ^?^ In conformance with the Commission\'s general policy of
    accepting late-filed comments where the proceeding is uncontested,
    we have accepted Vixon\'s comments for the purpose of allowing it to
    reaffirm interest in applying for Channel 284A at Alberton.
    Late-filed expression of interests have been accepted and considered
    only in a situation where there is no opposition to the channel
    proposals and where there would be no adverse impact on another
    pending proposal. It is the responsibility of the party submitting
    comments to ensure that the documents are delivered to the
    Commission on time. [See]{.underline} [Santa Isabel, Puerto
    Rico]{.underline}, 3 FCC Rcd 2336 (1988). Notification of the
    deadline for filing initial comments and reply comments is set forth
    in each Notice of Proposed Rule Making issued in response to channel
    allotment requests.

[^2]: ^?^ The coordinates listed in the [Notice]{.underline} are
    47-00-06 and 114-28-21.