*Pages 1--2 from Microsoft Word - 6396.doc* Federal Communications Commission DA 01- 183 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.622( b), ) MM Docket No. 99- 346 Table of Allotments, ) RM- 9763 Digit al Television Broadcast St at ions. ) (Evansville, Indiana) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 30, 2001 Released: January 31, 2001 By the Chief, Video Services Division: 1. At the request of Tri- State Public Teleplex, Inc. (" Tri- State"), licensee of noncommercial educational station WNIN( TV), NTSC Channel *9, Evansville, Indiana, the Commission has before it the Notice of Proposed Rule Making, 14 FCC Rcd 20733 (1999), proposing the substitution of DTV channel *12 for station WNIN( TV) 's assigned DTV channel *54. Tri- State filed comments. Gilmore Broadcast ing Corporat ion, licensee of WEHT( TV), DTV channel 59, Evansville, Indiana, filed comments styled as an "alternate proposal". 1 Tri- St at e filed responsive comment s to Gilmore's proposal. 2. We believe the public interest would be served by substituting DTV channel *12 for DTC channel *54 since it permit station WNIN( TV), a noncommercial station, to preserve its limited resources. DTV channel *12 can be allotted to Evansville, Indiana, as proposed, in compliance wit h the principle community coverage requirements of Section 73.625( a) at coordinates ( 38- 01- 27 N. and 87- 21- 43 W.). In addition, we find that this channel is acceptable under the 2 percent criterion for de minimis impact that is applied in evaluating requests for modification of initial DTV allotments under Section 73.623( c)( 2) for Station WNIN( TV) with the following specifications: DTV DTV power Antenna DTV Service State & City Channel (kW) HAAT (m) Pop. (thous.) IN Evansville *12 15. 0 177 599 1 Gilmore supports Tri- State's request to substitute DTV channel *12 for DTV channel *54 at Evansville and further proposes the reallotment of WEHT- DT, Evansville, Indiana, from DTV channel 59 to DTV channel 54 which Tri- State proposes to vacate. Gilmore states that the reallotment of DTV channel 54 to WEHT- DT will permit the station to increase its authorized ERP from 56.5 kW to the maximum 1000 kW. Gilmore's request is not a counterproposal nor does it fall within the scope of this Notice. There is no mutually exclusivity between the allotment of DTV channel *12 and DTV channel *54 to Evansville and Gilmore's request is a proposal to substitute a different channel for station WEHT- TV's assigned DTV channel. However, Gilmore is free to file an appropriate DTV channel substitution petition for rule making which will be considered in due course. 1 Federal Communications Commission DA 01- 183 2 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 19, 2001, the DTV able of Allotments, Section 73.622( b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Evansville, Indiana *12, 28, 45c, 58, 59 4. IT IS FURTHER ORDERED, That within 45 days of the effective date of this Order, Tri-State Public Teleplex, Inc. shall submit to the Commission a minor change application for a construction permit (FCC Form 301) specifying DTV Channel *12 in lieu of DTV Channel *54 for station. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418- 1600. FEDERAL COMMUNICATIONS COMMISSION Barbara A. Kreisman Chief, Video Services Division Mass Media Bureau 2