*Pages 1--11 from Microsoft Word - 383 - Instructions - 1st round conflict FINAL.doc* Federal Communications Commission NOT APPROVED BY OMB Washington, D. C. 20554 INSTRUCTIONS FOR FCC 383 DIGITAL CHANNEL ELECTION FOR TELEVISION BROADCAST STATION: FIRST ROUND CONFLICT DECISION GENERAL INSTRUCTIONS A. This FCC Form is to be used by full power TV broadcast licensees and permittees (hereinafter referred to collectively as “licensees”) participating in the channel election process in order to identify an in- core Digital Television (DTV) Channel for post- transition DTV operation. Specifically, the purpose of this FCC Form 383, First Round Conflict Decision Form, is for first round electors that were notified by the Commission that their channel election results in an interference conflict to make a decision concerning their interference conflict. A separate form should be filed for every full power TV broadcast station either licensed or with a construction permit. No fee is required for submission of this form. B. This FCC Form must be filed by [insert date.] All TV broadcast licensees required to make a first round conflict decision in the digital channel election process must file this FCC Form. Licensees that do not submit this FCC Form by the deadline will be assigned a channel by the Commission for post- transition DTV operation. (Such assignment may be made at the end of the channel election process.) C. This form makes references to FCC rules. Licensees should have on hand and be familiar with current broadcast rules in Title 47 of the Code of Federal Regulations (C. F. R.) Part 73 “Television Broadcast Services”. FCC Rules may be purchased from the Government Printing Office. Current prices may be obtained from the GPO Customer Service Desk at (202) 512- 1803. For payment by credit card, call (202) 512- 1800, M- F, 8 a. m. to 4 p. m. e. s. t; facsimile orders may be placed by dialing (202) 518- 2233, 24 hours a day. Payment by check may be made to the Superintendent of Documents, Attn: New Orders, P. O. Box 371954, Pittsburgh, PA 15250- 7954. D. The licensee must ensure that the Facility ID Number, Call Sign, and the Channel information are accurate. E. This form must be filed electronically through the Media Bureau’s Consolidated Database System (CDBS) online electronic forms system. Instructions for use of the electronic filing system are available in the CDBS User’s Guide, which can be accessed from the electronic filing web site at: http:// www. fcc. gov/ mb/ elecfile. html. For assistance with electronic filing, call the Video Services Division Help Desk at 418- 2662. F. The licensee must sign the form. If engineering information is being provided by the licensee on Schedule B, its authorized engineering representative, if any, must also sign the form, as indicated. Depending on the nature of the licensee, the form should be signed as follows: if a sole proprietorship, personally; if a partnership, by a general partner; if a corporation, by an officer; for an unincorporated association, by a member who is an officer; if a governmental entity, by such duly elected or appointed official as is competent under the laws of the particular jurisdiction. Counsel may sign the form for his or her client, but only in cases of the licensee’s disability or absence from the United States. See 47 C. F. R. § 73.3513. Because the form is filed electronically, the signature will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98- 43, 13 FCC Rcd 23056, 23064 (1998). G. The licensee should provide all information requested by this form. Defective or incomplete forms will not be accepted. Inadvertently accepted forms are also subject to dismissal. See 47 C. F. R. § 73.3564( b). INSTRUCTIONS FOR SECTION I: GENERAL INFORMATION Licensee/ Permittee Information. 1. Item 1: Licensee or Permittee Name. The name of the licensee or permittee must be stated exactly in Item 1. If the licensee is a corporation, the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer, his/ her office, and the name of the association; and, if an individual applicant, the person’s full legal name. Licensees should use only those state abbreviations approved by the U. S. Postal Service. DRAFT 1 2 Station/ Facility Information. 2. Item 2: FCC Registration Number (FRN). To comply with the Debt Collection Improvement Act of 1996, the licensee must enter its FRN number, a ten- digit unique entity identifier for anyone doing business with the Commission. The FRN can be obtained through the FCC webpage at http:// www. fcc. gov or by manually submitting FCC Form 160. FCC Form 160 is available for downloading from http:// www. fcc. gov/ formpage. html or by calling 1- 800- 418- 3676. Questions concerning the FCC Registration Number can be directed to the Commission’s Registration System help desk at http:// www. CORES@ fcc. gov or by calling 1- 877- 480- 3201. Call Sign. Licensee must enter the current call sign for its NTSC (analog) station or, if the licensee does not have an NTSC station, for its DTV (digital) station. Facility ID Number. TV Facility ID Numbers can be obtained at the FCC’s Internet Website at www. fcc. gov/ mb. Once at this website, scroll down and select CDBS Public Access. You can obtain your TV Facility ID Number by calling: (202) 418- 1600. Further, the Facility ID Number is now included on all TV authorizations and postcards. In addition, provide the name of the community of license and the state where the station is providing service. Community of License. Licensee must provide the City and State for its station’s community of license. 3. Item 3: Currently Assigned Channels (Digital and Analog). For “3. a.,” stations must indicate the number of their currently assigned DTV channel. For “3. b.,” stations must indicate the number of their currently assigned NTSC channel. Single channel broadcasters should indicate “Not Applicable,” where appropriate. Contact Information. 4. Item 4: Contact Representative. If the licensee is represented by a third party (for example, legal counsel), that person’s name, firm or company, mailing address and telephone/ electronic mail address may be specified here. Purpose of Form. 5. Item 5: Purpose of filing. Licensees making a conflict decision must select “5. a.” Licensees filing an amendment to their conflict decision form must select “5. b.” This FCC Form, whether as a conflict decision or amendment, will not be accepted after the filing deadline. INSTRUCTIONS FOR SECTION II: CONFLICT DECISION 1. Item 1: FCC Letter Reference Number. Licensees must indicate the reference number of the FCC Letter that notified them about their interference conflict. First Round Conflict Decision. 2. Item 2: Conflict Decision. First round electors that were notified by the Commission that their channel election results in an interference conflict are required to make a decision concerning their interference conflict. Such first round electors have three choices: (a) Decide to keep their first round election and certify that they have resolved their interference conflict by (i) negotiating a conflict resolution or settlement agreement and/ or (ii) reducing facilities or other technical modification; (b) Decide not to keep their first round election and change their election to their assigned in- core DTV channel; or (c) Decide not to keep their first round election and make no election at this time, and instead elect to participate in the second round of elections. Licensees deciding to keep their first round election must select “2. a.” Licensees demonstrating resolution of their interference conflict by negotiating a conflict resolution or settlement agreement must select “2. a. i.” and complete Schedule A. Licensees must list on Schedule A the name( s), call sign( s) and facility ID numbers of all parties to the agreement. Submission of Schedule A constitutes certification that all parties listed have agreed to the negotiated conflict resolution agreement. The Commission may request submission of a copy of the Negotiated Conflict Resolution Agreement signed by all parties, if needed. The agreement must also comply with 47 C. F. R. § 73.623( g). All parties to the Negotiated Conflict Resolution Agreement must supply their proposed facility’s engineering information upon request. Licensees demonstrating resolution of their interference conflict by submitting technical engineering data must select “2. a. ii.” and complete Schedule B – DTV Engineering. Licensees must select both “2. a. i.” and “2. a. ii” if applicable. Licensees deciding to change their election back to their assigned DTV channel must select “2. b.” Licensee must input its new channel election (i. e., assigned DTV channel), where indicated. Post- transition rights to in- core channel( s) assigned to the licensee for this station but not elected will be released if the Commission tentatively designates the channel elected. Licensees deciding not to keep their first round election and instead make no election at this time must select “2. c.” By doing so, licensees immediately release the post- transition rights to their assigned channel( s) for this station in order to participate in the second round of elections. This option is DRAFT 2 3 available only to one- in- core licensees and two low- VHF licensees (i. e., those with two currently assigned channels in 2 through 6). International Coordination. 3. Item 3: International Coordination Pending Issue. Licensee must answer whether it is electing a channel that is subject to a pending international coordination issue. This is not a broad inquiry as to whether the channel is subject to coordination, but rather a narrow question to determine whether an international coordination issue is preventing the licensee from obtaining its desired facilities. If yes, licensee must attach as an Exhibit to this form an explanation about its pending international coordination issue. FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT The FCC is authorized under the Communications Act of 1934, as amended, to collect the personal information we request in this form. We will use the information provided in the form to determine the ultimate channel to be awarded for post- transition DTV operation. If we believe there may be a violation or potential violation of a FCC statute, regulation, rule or order, your form may be referred to the Federal, state or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your form may be disclosed to the Department of Justice or a court or adjudicative body when (a) the FCC; (b) any employee of the FCC; or (c) the United States Government is a party to a proceeding before the body or has an interest in the proceeding. In addition, all information provided in this form will be available for public inspection. If you owe a past due debt to the federal government, any information you provide may also be disclosed to the Department of Treasury Financial Management Service, other federal agencies and/ or your employer to offset your salary, IRS tax refund or other payments to collect that debt. The FCC may also provide this information to these agencies through the matching of computer records when authorized. If you file an incomplete form, the form may be returned without action having been taken upon it. Your response is required to participate in the digital channel election process. We have estimated that each response to this collection of information will take from __ minutes to __ hours. Our estimate includes the time to read the instructions, look through existing records, gather and maintain the required data, and actually complete and review the form or response. If you have any comments on this estimate, or on how we can improve the collection and reduce the burden it causes you, please write the Federal Communications Commission, AMD- PERM, Paperwork Reduction Project (3060-####), Washington, DC 20554. We will also accept your comments via the Internet if you send them to Leslie. Smith@ fcc. gov. Please DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember - you are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-####. THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P. L. 93- 579, DECEMBER 31, 1974, 5 U. S. C. 552a( e)( 3), AND THE PAPERWORK REDUCTION ACT OF 1995, P. L. 104- 13, OCTOBER 1, 1995, 44 U. S. C. 3507. DRAFT 3 Federal Communications Commission NOT APPROVED BY OMB Washington, D. C. 20554 INSTRUCTIONS FOR FCC 383 SCHEDULE A SCHEDULE A FOR NEGOTIATED CONFLICT RESOLUTION AGREEMENT: SCHEDULE A INSTRUCTIONS A. This Schedule A is to be used with FCC Form 383, the Digital Channel Election for Television Broadcast Station: First Round Conflict Decision Form. Complete this Schedule if involved in a negotiated conflict resolution agreement. B. Submission of this Schedule constitutes certifications that all parties listed in Item 1 have agreed to the negotiated conflict resolution agreement. 1. Item 1: List of Parties to Agreement. Licensee/ permittee must provide the name( s), call sign( s) and facility ID number( s) of all parties involved in the negotiated conflict resolution agreement. 2. Item 2: Additional Submissions. Licensees/ permittees must provide a signed copy of the Negotiated Conflict Resolution Agreement and/ or engineering information to the FCC upon request. NOTE: The negotiated conflict resolution agreement is valid only upon Commission approval. The Commission will review the negotiated arrangement for anti- competitive effects and significant levels of interference that would affect service to viewers. The negotiated conflict resolution agreement must also comply with 47 C. F. R. § 73.623( g). See the FCC 383 Main Form Instructions for public burden estimate. DRAFT 4 Federal Communications Commission NOT APPROVED BY OMB Washington, D. C. 20554 INSTRUCTIONS FOR FCC 383 SCHEDULE B SCHEDULE B FOR DTV ENGINEERING DATA: SCHEDULE B INSTRUCTIONS A. This Schedule B is to be used with FCC Form 383, the Digital Channel Election for Television Broadcast Station: First Round Conflict Decision Form. Complete this Schedule if you are reducing or otherwise modifying facilities to eliminate an interference conflict. Tech Box 1. Licensee/ permittee certifies that the facility specifications listed in the Tech Box demonstrates elimination of interference conflict. The licensee/ permittee must ensure that the facility specifications listed in items 1- 10 of the Tech Box are accurate. All items must be competed. The response “on file” is not acceptable. The response “not applicable” is not acceptable unless otherwise noted. Licensee/ permittee will be required to submit an application for DTV allotment at the appropriate time and must comply with relevant Commission rules. See the FCC 383 Main Form Instructions for public burden estimate. DRAFT 5 3. Purpose of Form: ZIP Code State or Country (if foreign address) ZIP Code State or Country (if foreign address) City b. a. 5. 4. 2. 1. Licensee/ Permittee Information Federal Communications Commission Washington, D. C. 20554 FOR COMMISSION USE ONLY FILE NO. Not Approved by OMB DIGITAL CHANNEL ELECTION FORM FIRST ROUND CONFLICT DECISION Must Be Filed by ______[ DATE]____ ______ PLEASE READ INSTRUCTIONS BEFORE COMPLETING THIS FORM FCC 383 SECTION I - GENERAL INFORMATION Legal Name of the Licensee/ Permittee Telephone Number (include area code) Mailing Address E- Mail Address (if available) FOR FCC USE ONLY Call Sign Facility ID Number Community of License: City State Contact Information (if different from licensee/ permittee) The purpose of the First Round Conflict Decision Form is for first round electors that were notified by the Commission that their channel election results in an interference conflict to make a decision concerning resolution of their interference conflict. (SELECT ONE) Station/ Facility Information Contact Representative Firm or Company Name City DTV Channel NTSC Channel FCC Registration Number E- Mail Address (if available) Telephone Number (include area code) Not Applicable Not Applicable Currently Assigned Channels: a. b. Amendment Conflict Decision FCC Form 383 (date) Mailing Address DRAFT 6 Licensee/ permittee decides to maintain its first round channel election and certifies that it has resolved its interference conflict( s), as demonstrated by its submission of: (Select at least one and all that apply) a negotiated conflict resolution agreement. Licensee/ permittee must complete Schedule A. technical engineering data. Licensee/ permittee must complete Schedule B - DTV Engineering. Licensee/ permittee decides not to maintain its first round channel election and changes its election for final DTV operation to its currently assigned in- core DTV channel: (indicate channel number). NOTE: Post- transition rights to the in- core NTSC channel currently assigned to the licensee/ permittee for this station are released upon licensee/ permittee receipt of a Commission tentative channel designation. Licensee/ permittee decides not to maintain its first round channel election and makes no channel election in the first round; accordingly, licensee/ permittee elects to participate in the second round of elections. NOTE: Post- transition rights to in- core channel( s) currently assigned to the licensee/ permittee for this 3. c. International Coordination: FCC Form 383 (date) SECTION II -- CONFLICT DECISION All television broadcast licensees and permittees notified by the Commission about an interference conflict are required to file a conflict decision form. Licensees/ permitteess that do not submit a required conflict decision form by the deadline on page one will be assigned a channel by the Commission for post- transition DTV operation. By the filing of this form, licensee/ permittee hereby acknowledges receipt from the Commission of information regarding the nature of its interference conflict. (indicate FCC Letter reference number here) First Round Conflict Decision: Licensee/ permittee makes the following decision about its interference conflict: (SELECT ONE) Is the licensee/ permittee electing a channel that is subject to a pending international coordination issue? If yes, licensee/ permittee must attach an explanation as an Exhibit to this form. YES NO b. 2. a. Exhibit No. (i) (ii) 1. DRAFT 7 I certify that the statements in this form are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and request an authorization in accordance with this election form. (See Section 304 of the Communications Act of 1934, as amended.) Typed or Printed Name of Person Signing Signature Date Typed or Printed Title of Person Signing WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/ OR IMPRISONMENT (U. S. CODE, TITLE 18, SECTION 1001), AND/ OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U. S. CODE, TITLE 47, SECTION 312( a)( 1)), AND/ OR FORFEITURE (U. S. CODE, TITLE 47, SECTION 503). SECTION III FCC Form 383 (date) DRAFT 8 FCC 383 CONFLICT DECISION FORM SCHEDULE A SCHEDULE FOR NEGOTIATED CONFLICT RESOLUTION AGREEMENT 1. Licensees/ permittees must complete this Schedule if they are involved in a negotiated conflict resolution or settlement agreement to resolve an interference conflict. The purpose of this Schedule is for licensees/ permittees to provide details concerning their negotiated conflict resolution agreement. Licensee/ permittee has entered into a negotiated conflict resolution agreement with the following licensee( s)/ permittee( s): (provide name( s) and call sign( s) as necessary) Licensee/ Permittee Name: FCC Form 383 - Schedule A (date) Not Approved by OMB Facility I. D. No. Call Sign Licensee/ Permittee Name a. b. c. d. e. f. g. 2. Licensee/ permittee must provide a copy of the Negotiated Conflict Resolution Agreement and/ or engineering information to the FCC upon request. DRAFT 9 FCC 383 Licensees seeking to resolve an interference conflict by reducing or otherwise modifying facilities must complete this Schedule. The purpose of this Schedule is for licensees/ permittees to demonstrate how they will eliminate their interference conflict( s). TECHNICAL SPECIFICATIONS Ensure that the specifications below are accurate. All items must be completed. The response "on file" is not acceptable. TECH BOX CONFLICT DECISION FORM SCHEDULE B SCHEDULE FOR DTV ENGINEERING DATA 1. Channel Number: 2. 3. Zone: 4. Antenna Location Coordinates: (NAD 27) I II III '" N S Latitude o '" E W Longitude o 6. Antenna Location Site Elevation Above Mean Sea Level: 7. Overall Tower Height Above Ground Level: 8. Height of Radiation Center Above Ground Level: 9. Maximum Effective Radiated Power (average power): meters meters meters meters kW Height of Radiation Center Above Average Terrain: 5. Antenna Structure Registration Number: Antenna Structure Registration Number: Not applicable FAA Notification Filed with FAA Electrical Beam Tilt: degrees Not Applicable Mechanical Beam Tilt: degrees toward azimuth degrees True Not Applicable d. Polarization: Horizontal Circular Elliptical 10. b. c. Attach as an Exhibit all data specified in 47 C. F. R. Section 73.685. Exhibit No. Antenna Specifications: a. Manufacturer Model FCC Form 383 - Schedule B (date) DRAFT 10 PREPARER'S CERTIFICATION I certify that I have prepared Schedule B- DTV Engineering Data on behalf of the applicant, and that after such praperation, I have examined and found it to be accurate and true to the best of my knowledge and belief. If a directional antenna is proposed, the requirements of 47 C. F. R. Sections 73.682( a)( 14) and 73.685 must be satisfied. Exhibit required. Exhibit No. e. Directional Antenna Relative Field Values: Not applicable (Nondirectional) Degree 0 10 20 30 40 50 Value Degree 60 70 80 90 100 110 Value Degree 120 130 140 150 160 170 Value Degree Value Degree 180 190 200 210 220 230 Value Degree 240 250 260 270 280 290 Value Degree 300 310 320 330 340 350 Value Additional Azimuths o Rotation: No rotation FCC Form 383 - Schedule B (date) TECH BOX Name Signature Mailing Address Relationship to Applicant (e. g ., Consulting Engineer) Date City State or Country (if foreign address) ZIP Code Telephone Number (include area code) E- Mail Address (if available) PREPARER'S CERTIFICATION MUST BE COMPLETED AND SIGNED. WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/ OR IMPRISONMENT (U. S. CODE, TITLE 18, SECTION 1001), AND/ OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U. S. CODE, TITLE 47, SECTION 312( a)( 1)), AND/ OR FORFEITURE (U. S. CODE, TITLE 47, SECTION 503). DRAFT 11