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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.  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, 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 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.    No other comments were received at the Commission in response
  to this proposal.
  
    2.The Notice 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 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 pointed out that Channel 284A could be allotted to Alberton,
 Montana, consistent with the Commission's spacing requirements, without a site restriction.    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
  Chenango Bridge, Norwich & Cincinnatus, New York, 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