**DA 05-2233**

**August 2, 2005**

**DTV CHANNEL ELECTION: FIRST ROUND CONFLICT DECISION EXTENSION AND
GUIDELINES FOR INTERFERENCE CONFLICT ANALYSIS**

The purpose of this Public Notice is to extend the deadline for
submitting Form 383 and to provide guidance to affected licensees.
First, in response to a request dated July 28, 2005, from the
Association of Federal Communications Consulting Engineers to extend by
thirty days the deadline for submitting the First Round Conflict
Decision Form 383, we find good cause to grant a seven day extension to
August 15, 2005 to provide licensees additional time to analyze their
channel elections and coordinate their responses.

Second, we provide guidance in connection with the conflict decision
analysis. In the *Second DTV Periodic Review Report and Ord*er,[^1] the
Commission adopted a multi-step channel election process through which
broadcast licensees and permittees (licensees) will select their
ultimate DTV channel inside the core (*i.e*., channels 2-51). In the
first round, licensees with in-core channels (either one or two in-core
channels) filed First Round Election Forms by February 10, 2005,
selecting which of their assigned channels they preferred to use for
digital operations. The Commission staff then determined whether and to
what extent an elected in-core NTSC channel would cause an interference
conflict to: (1) an in-core DTV channel that was elected in the first
round; (2) an in-core DTV channel of any licensee that elected its NTSC
channel in the first round that still may need to revert to its DTV
channel; or (3) another elected in-core NTSC channel in the first round.
By letters dated June 7, 2005, the Commission staff notified all
licensees involved in an interference conflict of the existence of the
conflict, and that licensees are allowed a 60-day period to resolve
their conflicts, either through mutual agreement, modification of
facilities, electing their DTV channel, or continuing to the second
round of channel elections. In light of the extension granted herein,
the 60-day deadline is extended from August 8, 2005, to August 15, 2005.

[Filing Requirements]{.underline}:

All licensees that received a conflict analysis letter concerning the
channel they elected in the First Round should submit Form 383, and any
necessary attachments and supplemental information as described in this
Public Notice and the *Second DTV Periodic Review Report and Order* to
inform the Commission how they wish to resolve their conflict. Licensees
should determine which of the following categories they are in to
determine the appropriate steps they should take.

\(1\) Licensees that decide not to maintain their first round NTSC
channel election and to change their election for final DTV operation to
their in-core DTV channel, and (2) Licensees with two low VHF channels
(2-6) or one in-core channel (*i.e*., licensees now assigned only their
NTSC channel in the range 2 through 51, either as a singleton without
any DTV channel or paired with an out-of-core DTV channel) that decide
to withdraw their first round channel election and instead elect to
participate in the second round, should file Form 383 and select 2.b. to
elect their assigned in-core DTV channel or 2.c. to elect to participate
in the second round of elections. Post-transition rights to the in-core
channel(s) currently assigned to the licensees are released when they
elect to participate in the second round of elections.[^2]

\(3\) Licensees that wish to keep their NTSC channel election and agree
to accept interference should file Form 383 and Schedule A. In addition
to filing Form 383 and Schedule A, licensees should submit interference
acceptance agreements or no-objection letters entered into in this
conflict resolution round to the Commission no later than August 15,
2005. Such agreement or letter should clearly indicate the amount of
interference that each of the parties is agreeing to receive. All such
agreements and letters should reference the FCC File No. of Form 383
(First Round Conflict Decision) 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 the agreement should also be sent by
email to [form383@fcc.gov]{.underline} no later than August 15, 2005 and
by regular mail to Nazifa Sawez, Federal Communications Commission, Room
2-A726, 445 12th Street, S.W., Washington, D.C. 20554.

\(4\) Licensees that meet the "One in-core channel" situation described
below should file Form 383, select 2.a. only and not check (i) or (ii)
and submit Schedule B and also notify the Commission of their special
situation by email to [form383@fcc.gov]{.underline} no later than August
15, 2005 and by regular mail to Nazifa Sawez, Federal Communications
Commission, Room 2-A726, 445 12th Street, S.W., Washington, D.C. 20554.

\(5\) Licensees that want to request a modification of their facilities
to eliminate interference should file Form 383 and Schedule B. Such
licensees should certify that they will resolve their interference
conflict(s), and submit technical engineering data substantiating that
certification.

\(6\) Licensees that were notified of the existence of a conflict and do
not submit Form 383 by August 15, 2005, will be deemed to have elected
their in-core DTV channel, or, if not assigned an in-core DTV channel,
will be deemed to have given up their in-core DTV and NTSC channel(s)
and may be expected to participate in the second round of channel
elections.

[Conflict Resolution Guidelines]{.underline}:

**One in-core-channel.** In the *Second DTV Periodic Review*, the
Commission determined that an interference conflict exists if a proposed
facility would cause more than 0.1% interference in addition to existing
interference.[^3] The Commission also stated that it would allow
licensees with out-of-core DTV channels to exceed this interference
level to afford these licensees an improved opportunity to select their
in-core NTSC channels.[^4] In general, the staff intends to approve such
in-core elections if they do not cause more than 2.0% additional
interference to other stations (based on their DTV replication
facilities, not their maximized facilities). Such licensees must notify
us in writing that they are eligible for and wish to take advantage of
this special treatment, as described in (4), above.

**Interference Agreement**. Licensees and affected stations may propose
to accept more than .1% interference, either in conjunction with, or in
lieu of, a reduction in power or other modifications. The Commission
will review such proposals to determine whether they are consistent with
the public interest. Among the factors licensees should address include:
(1) the amount that the proposal exceeds the .1% interference level; (2)
the cumulative level of interference that would be received by the
affected station;[^5] (3) the availability of an in-core digital channel
that the licensee could use for digital operations in lieu of its NTSC
channel; (4) where the interference occurs (e.g., whether it is outside
the affected station\'s DMA); (5) the number of remaining services to
the population in the loss area; and (6) any other relevant public
interest considerations. While the decision to accept interference is
voluntary at this point and we do not intend to consider arguments that
an affected station\'s refusal to accept interference was unreasonable,
we may take such considerations into account in resolving any potential
conflicts in Round Three.[^6]

**Contingent Conflict.** Where a licensee's election of its NTSC channel
is contingent upon approval of another licensee's NTSC channel election
(i.e., the first station causes interference to the second station's
protected DTV channel), and the affected licensee will not consent to
the interference, the interfering licensee may submit a Form 383 to
indicate how it wants the Commission to proceed in the event that the
affected licensee elects its DTV channel at the conclusion of the first
round. Such licensees should also submit an explanation of this
contingency by email to [form383@fcc.gov]{.underline} and by regular
mail to Nazifa Sawez, Federal Communications Commission, Room 2-A726,
445 12th Street, S.W., Washington, D.C. 20554. We will permit these
licensees to withdraw their Form 383 in the event the affected
licensee's NTSC channel election is approved.

For additional information, contact Nazifa Sawez or Joyce Bernstein of
the Video Division, Media Bureau, at (202) 418-1600 or at
<Nazifa.Sawez@fcc.gov> and <Joyce.Bernstein@fcc.gov>.

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[^1]: ^1^ *Second Periodic Review of the Commission's Rules and Policies
    Affecting the Conversion to Digital Television*, 19 FCC Rcd 18,279
    (2004).

[^2]: *See Second Periodic Review*, 19 FCC Rcd at 18,300.

[^3]: *See Second Periodic Review*, 19 FCC Rcd at 18,302.

[^4]: *Id.*

[^5]: We note that, in the MX DTV applications context, the Commission
    applies a 10% cumulative interference cap. *See* Section
    73.623(c)(2).

[^6]: *See Second Periodic Review*, 19 FCC Rcd at 18,306.