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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  05-  3031 
 November  23,  2005 


 SECOND  ROUND  DTV  CHANNEL  ELECTION  ISSUES  –  PROPOSED  NEGOTIATED  CHANNEL  ARRANGEMENTS  AND 
 PROCEDURES  FOR  FILING  ASSOCIATED  PLEADINGS 


 The  Media  Bureau  hereby  releases  a  list  of  the  stations  participating  in  the  second  round  of  DTV  channel  elections  that  are  also  participating  in  negotiated  channel  arrangements  (“  NCAs”).  The 
 attached  list  identifies  stations  proposing  an  NCA,  as  indicated  on  FCC  Form  384,  Digital  Channel  Election  Form  Second  Round  Election,  and  the  channel  the  station  proposes  for  post-transition 
 DTV  operation  in  connection  with  the  NCA.  Each  NCA  has  one  or  more  application  file  numbers,  as  indicated  on  the  attached  list.  The  list  also  includes  the  stations  identified  in  the 
 proposed  NCA  as  participants  in  the  arrangement. 
 Licensees  in  the  second  round  of  the  DTV  channel  elections  were  permitted  to  elect  a  channel  through  a  proposed  NCA  with  another  station.  If  the  NCA  is  approved  by  the  Commission,  these 
 stations  will  receive  a  tentative  channel  designation.  If  the  NCA  is  not  approved,  the  station  will  be  treated  as  electing  its  contingent  channel.  The  attached  list  includes  the  contingent  channel 
 indicated  on  FCC  Form  384  or  the  station’s  preference  for  the  Commission  to  select  as  its  contingent  channel  the  best  available  channel. 


 To  ensure  that  all  interested  parties  have  an  opportunity  to  comment  on  the  proposed  NCAs  for  these  stations,  the  attached  list  identifies  the  channels  these  stations  propose  for  post-  transition 
 DTV  operation  in  connection  with  the  NCA. 
 Parties  objecting  to  or  commenting  on  an  NCA  identified  in  the  attached  list  must  file  their  pleadings  with  the  Commission  no  later  than  December  7,  2005,  and  responsive  pleadings  must 
 be  filed  no  later  than  December  14,  2005.  Pleadings  must  reference  both  the  NCA  application  file  number(  s)  and  docket  number  03-  15  (the  Media  Bureau  docket  number  of  the  Second  DTV 
 Periodic  Review  Proceeding)  and  must  be  filed  electronically  using  the  Commission’s  Electronic  Comment  Filing  System  (“  ECFS”).  A  copy  of  any  pleading  regarding  an  NCA  also  must  be 
 (1)  served  by  express  mail  on  all  stations  participating  in  the  NCA,  and  (2)  delivered  to  Nazifa  Sawez,  Federal  Communications  Commission,  Room  2-  A726,  445  12th  Street,  S.  W., 
 Washington,  D.  C.  20554. 
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 Stations  participating  in  an  NCA  that  propose  to  reduce  their  technical  operating  facilities  as  part  of  the  NCA  must  provide  the  Commission  with  the  proposed  technical  parameters  using  one  or 
 more  FCC  Form  385  Schedule  Bs.  Schedule  B(  s)  must  be  filed  electronically  through  the  Media  Bureau’s  Consolidated  Database  System  (“  CDBS”)  online  electronic  forms  system  no  later  than 
 November  30,  2005.  These  stations  must  use  FCC  letter  reference  number  1003  to  pass  the  pre-form  (the  first  page  that  appears  when  using  CDBS)  of  Form  385.  A  copy  of  any  such  Schedule 
 B(  s)  also  must  be  delivered  to  Nazifa  Sawez,  Federal  Communications  Commission,  Room  2-  A726,  445  12  th  Street,  S.  W.,  Washington,  D.  C.  20554.  Parties  interested  in  viewing  the 
 Schedule  B(  s)  filed  by  a  station  may  use  CDBS  to  access  FCC  Form  385  filings. 
 We  remind  stations  that  all  NCAs  are  subject  to  Commission  approval  and  may  be  rejected  if  they  propose  the  acceptance  of  a  significant  level  of  interference  or  loss  of  service  or  are 
 otherwise  inconsistent  with  the  public  interest.  If,  after  review  of  the  record,  including  but  not  limited  to  oppositions  and  replies,  we  find  that  the  NCA  reasonably  could  be  construed  to  have 
 an  adverse  impact  on  the  interests  of  a  station  not  a  party  to  the  NCA,  or  is  otherwise  not  in  the  public  interest,  the  NCA  will  be  rejected.  1 


 For  additional  information,  contact  Nazifa  Sawez  or  Joyce  Bernstein,  Video  Division,  Media  Bureau,  at  (202)  418-  1600  or  at  nazifa.  sawez@  fcc.  gov  or  joyce.  bernstein@  fcc.  gov.  TTY:  (202) 
 418-  7172. 


 1  See  Second  DTV  Periodic  Review  Report  and  Order,  19  FCC  Rcd  18279,  18297-  98  (2004).  See  also  In  the  Matter 
 of  Negotiated  Channel  Election  Arrangements,  20  FCC  Rcd  10141  (2005). 
2