Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 98-106 Table of Allotments, ) RM-9277 FM Broadcast Stations. ) (Missoula, Montana ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 23, 1998 Released: October 2, 1998 By the Chief, Allocations Branch: 1. In response to a petition filed by Dale A. Ganske d/b/a L. Topaz Enterprises, Inc. ("Topaz"), the Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 12590 (1998), seeking the allotment of Channel 290A at Missoula, Montana, as that community's fifth local broadcast service. Topaz filed comments reiterating its intention to apply for Channel 290A at Missoula, Montana. 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 290A to Missoula, Montana, as it will provide the community with an additional FM broadcast service. Channel 290A can be allotted to Missoula, Montana, in compliance with the minimum distance separation requirements of the Commission's Rules without a site restriction. Since Missoula is located within 320 kilometers (200 miles) of the U.S.-Canadian border, concurrence of the Canadian government has been obtained for this 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 November 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 Missoula, Montana 227C, 235C, 261C1, 273C1, 290A 4. A filing window for Channel 290A at Missoula, 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 application filing process for Channel 290A at Missoula, 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