**DA 05-273**

**Released: February 1, 2005**

**DTV Channel Election Issues -- Negotiated Channel Arrangements,
Establishment of Form 382 Mailbox, Revisions to FCC Form 381
Certifications, and Notification to FCC of Flash Cut Decisions**

[Negotiated Channel Arrangements]{.underline}

In paragraph 45 of the *Second DTV Periodic Review Report and Order*,
released September 7, 2004 (19 FCC Rcd 18,279) ("*Order"*), the
Commission stated that licensees may negotiate channel arrangements with
other stations in conjunction with the channel election process. As we
stated in the *Order*, all such arrangements 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. Parties contemplating such
agreements are reminded that submission of such an arrangement does not
guarantee acceptance, that the acceptance of such arrangements will
result only in the assignment of tentative channel designations, and
that tentative channel designations do not guarantee final allotments.
Stations will be given only one opportunity to enter into an NCA.
Stations may not propose an NCA and, in the event that arrangement is
rejected by the Commission, then propose a substitute NCA. 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. There
will be no separate conflict round for NCAs. In the event the NCA is
rejected, the parties to the NCA will revert to their alternate channel
elections.

The Media Bureau hereby announces procedures for acceptance and
processing of negotiated channel arrangements ("NCAs"). Parties seeking
consideration of an NCA in conjunction with the channel election process
must finalize the agreement by the relevant channel election date. Thus,
NCAs entered into in conjunction with the first round of channel
elections must be finalized by February 10, 2005, which is the deadline
for filing first round channel elections. *See* *Order Granting Further
Extension of Time to File First Round DTV Channel Election Forms*, DA
05-164, *released* January 25, 2005. Parties to an NCA must indicate
their participation in an NCA by selecting item 1.b. in Section II on
FCC Form 382 (for first round elections), item 1.b. in Section II on FCC
Form 384 (for second round elections), or item 2.b. in Section II on FCC
Form 386 (for third round elections). Per paragraph 45 of the *Order*,
parties must also indicate an alternate channel election in item 1.b.,
Section II of FCC Form 382 in the event the NCA is rejected. Stations
participating in an NCA that have either only one assigned in-core
channel or have two low VHF channels (2-6) and that, in the event the
NCA is not approved, prefer to release their in-core channel(s) and
participate in the second round of DTV elections must nonetheless
specify an alternate channel election in item 1.b. (*i.e*., a
currently-assigned channel, even if it is out-of-core). *See Order* at
paragraph 44. Stations specifying an out-of-core alternate channel in
this situation will be presumed to be requesting that their alternate
election be deferred to round two. Stations that, in the event their NCA
is rejected, prefer to release their in-core channel(s) and participate
in the second round of channel elections must send an email to the Form
382 mailbox (see below) stating this request. In addition, these
stations must send a letter confirming this request to Nazifa Naim,
Federal Communications Commission, Room 2-A726, 445 12^th^ Street, S.W.,
Washington, D.C. 20554.

After February 10, 2005, the Media Bureau will release a Public Notice
listing the stations participating in the first round of channel
elections that are also participating in an NCA. Parties will have 14
days from the date of that Public Notice to object to an NCA, and
proponents of NCAs will have 7 days following the deadline for
objections to file a reply. Details of how and where to file will be set
forth in the Public Notice listing stations participating in NCAs.

We recognize that in some cases stations participating in NCAs may wish
to reduce their technical operating facilities; *i.e*., effective
radiated power, antenna height, and/or antenna pattern in order to
resolve interference conflicts. For example, a station might agree to
reduce its service area to avoid interference to another station if
operating at its certified facilities would cause new interference in
excess of the 0.1 percent threshold. This is the same type of
arrangement that we anticipate could be made to resolve interference in
the conflict resolution phase of channel election rounds 1 and 2, as
described in paragraphs 56-57 and 61 of the *Order*. Although NCAs will
be accepted or rejected before the formal conflict resolution process
begins, we believe that the same types of arrangements should be
permitted provided they are contemplated in the NCA. We therefore will
consider certifications from stations that they will operate with
reduced technical facilities as part of NCAs. Stations agreeing to such
reductions must include the revised facilities with which they intend to
operate in the signed agreement and must provide to the Commission a
copy of the agreement reflecting the proposed technical parameters no
later than three days after we issue the Public Notice listing the
stations that are participating in an NCA. These stations should use the
Schedule B attached to FCC Form 383 to specify their proposed technical
parameters and should file this Schedule electronically through the
Media Bureau's Consolidated Database System (CDBS) online electronic
forms system. Further details about where and how to file Schedule B
will be set forth in the Public Notice of stations participating in an
NCA. Upon approval of the NCA by the Commission, the new facilities will
then become the station's certified operating facilities and the station
will be required to construct its DTV station to provide coverage to the
area that would be covered by those facilities in the post-transition
period. Stations participating in NCAs that do not propose reduced
technical facilities as part of the agreement do not need to file their
NCAs unless requested by the Commission.

We will not allow stations to increase their technical operating
facilities to serve larger coverage areas as part of NCAs. Maximizations
of station facilities are not permitted at this time. However, we also
recognize that operation on a new channel at the facilities computed to
serve the same coverage area predicted to be reached by operation at a
station's currently certified facilities could result in service to
slightly larger (or smaller) populations. We will not consider increases
resulting from such changes to be maximizations. Where stations are
permitted to serve smaller populations under approved agreements, we
will revise the population they are required to serve to be that reached
by their new facilities.

[Establishment of Form 382 Mailbox]{.underline}

The Media Bureau has established the following mailbox where stations
may email comments regarding their FCC Form 382 filing:
<form382@fcc.gov>.

[Revisions to FCC Form 381 Certifications]{.underline}

As a general matter, the Commission is not making revisions to update
FCC Form 381 certifications as reflected in the updated Table of Station
Assignment and Service Information released December 21, 2004. *See*
Public Notice, DTV Channel Election Information and First Round Election
Filing Deadline, DA 04-3922, Table I. This Table reflects service areas
based on certifications to build DTV replication, maximization, or
otherwise authorized facilities for post-transition operation, as
indicated on FCC Form 381, Pre-Election Certification Form. We have,
however, determined that revisions are necessary in four cases. These
changes were made only where they reflect current DTV service and the
error in the original certification would have resulted in a loss of
existing DTV service to the community or where the Commission erred in
its treatment of a certification. The changes pertain to the following
stations:

WPCB-TV, Greensburg, PA (NTSC Channel 40; DTV Channel 50; correct
certification to reflect operating, licensed DTV maximization facility
authorized in BLCDT-20030409ABC );

KOCE-TV, Huntington Beach, CA (NTSC Channel 50; DTV Channel 48; correct
certification to reflect actual operation as described by STA
authorization BMDSTA-20031105AIS);

KXAM-TV, Llano, TX (NTSC Channel 14; DTV Channel 27; correct
certification to reflect a maximization CP BPCDT-19991018AAV, which was
inadvertently omitted from the Table I released December 21, 2004); and

KGMB, Honolulu, HI (NTSC Channel 9; DTV Channel 22; correct replication
facilities to reflect an approved channel swap that was inadvertently
omitted from Table I).

The corrected certifications for these stations and the referenced
authorized facilities are reflected in the Commission's CDBS database
and these corrected certifications should be used by affected stations
for purposes of channel election and interference analyses.

[Notification to FCC of Flash Cut Decisions]{.underline}

In paragraphs 95 and 102 of the *Order*, the Commission stated that it
will permit certain licensees to surrender an assigned channel and to
flash cut from analog to digital operation. Stations eligible and
electing to flash cut pursuant to the requirements of the *Order* must
elect a channel by the relevant deadline for channel elections and
notify the Commission that they intend to flash cut if their channel
election is granted. Stations participating in the first round of DTV
channel elections that are electing to flash cut must notify the
Commission by email at <form382@fcc.gov> no later than February 10,
2005. In addition, these stations must send a letter confirming their
flash cut election to Nazifa Naim, Federal Communications Commission,
Room 2-A726, 445 12^th^ Street, S.W., Washington, D.C. 20554.

For additional information, contact Nazifa Naim of the Video Services
Division, Media Bureau, at (202) 418-1600 or
[nazifa.naim@fcc.gov](mailto:nai.tam@fcc.gov) or Kim Matthews of the
Policy Division, Media Bureau, at (202) 418-2120. TTY: (202) 418-7172.

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