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     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
Digital Television Broadcast Stations.       )
(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 Broadcasting Corporation, licensee of WEHT(TV), DTV channel 59, Evansville, Indiana,
filed comments styled as an "alternate proposal".  Tri-State filed responsive comments 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 with 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
     
     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