**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]{.underline}, 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]{.underline} in this proceeding.

2\. As stated In the [Notice]{.underline}, 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.[^1] 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]{.underline} [Cusseta, Georgia]{.underline}, 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

[^1]: Polson is located in Lake County at the southern end of Flathead
    Lake, halfway between Missoula and Kalispell, Montana, on US Highway
    93. Polson, incorporated in 1910, is the largest city on the
    Flathead Indian Reservation. According to the Polson Chamber of
    Commerce, the amount of land area in Polson is 4.667 square
    kilometers with a population of 3,283 people.