Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-1077 (October 2004)
FCC 381
FOR FCC USE ONLY
 
PRE-ELECTION CERTIFICATION FORM

Must Be Filed by: November 5, 2004

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BCERET - 20041028AGA
Section I - General Information
Licensee/Permittee Information
1. Legal Name of the Applicant
WESTERN KENTUCKY UNIVERSITY
Mailing Address
1 BIG RED WAY
AC 153

City
BOWLING GREEN
State or Country (if foreign address)
KY
ZIP Code
42101 -
Telephone Number (include area code)
2707452400
E-Mail Address (if available) 
JEFF.MARTIN@WKU.EDU
Station / Facility Information
2. FCC Registration Number:
0005081609
Call Sign 
WKYU-TV
Facility ID Number
71861
Community of License: City
BOWLING GREEN

State
KY

3. Currently Assigned Channels:
a. DTV Channel:    18      Not Applicable
b. NTSC Channel: 24      Not Applicable
Contact Information (if different from licensee/permittee)
4. Contact Representative (if other than Applicant)
BRIAN M. MADDEN, ESQ.
Firm or Company Name
LEVENTHAL SENTER & LERMAN PLLC
Mailing Address
2000 K STREET, N.W.
SUITE 600

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 - 1809
Telephone Number (include area code)
2024298970
E-Mail Address (if available)
BMADDEN@LSL-LAW.COM
Purpose of Form:
5.
The purpose of this Pre-Election Certification Form is for licensees/permittees to provide and certify the technical information that will be used to evaluate elections made during the channel election process. Licensees/permittees make these certifications regarding database accuracy and intent to replicate/maximize to provide certainty with respect to their technical data for consideration by others participating in the channel election process. (SELECT ONE)

a.   Certification
b.    Amendment




Section II - CERTIFICATIONS

All broadcast licensees and permittees participating in the digital channel election process may make the following certifications. Licensees/permittees that do not submit this form by the deadline on page one will be presumed (1) to agree that their database technical information on file with the Commission is accurate and complete; and (2) not to intend to replicate or maximize, and such decision will be taken into account in the Commission's determination of final channel assignments.

Replication/Maximization Deadlines

By completing the appropriate certification below, licensee/permittee may certify its intent to construct and operate its allotted "replication" facilities or already-authorized "maximization" facilities on its post-transition channel. Licensees/permittees are reminded that false certifications may result in fines and loss of license. Additionally, licensee's/permittee's failure to replicate or maximize to the extent it certifies will result in the loss of interference protection to those service areas not replicated or maximized.

Licensee/permittee should also be aware of the following replication and maximization deadlines that pertain to current DTV facilities and that affect the right to "carry over" interference protection to its post-transition channel. (Failure to meet the replication/maximization requirements will cause the licensee/permittee to lose interference protection to the unused portion of the associated area as of the applicable interference protection deadline. Furthermore, a licensee/permittee failing to meet these deadlines will lose the ability to "carry over" its interference protection to its unserved DTV service area on its post-transition channel.):

1. Replication/Maximization Certifications
Licensees/permittees must indicate how their channel elections should be evaluated for purposes of interference protection analysis. (SELECT ONE):
a. 

Licensee/permittee hereby certifies that it will operate its post-transition DTV station at maximized facilities, as authorized by license or construction permit, FCC File No.

Licensee/permittee must provide FCC File No. here.
BMPEDT - 20030424ABI
b.  Licensee/permittee hereby certifies that it will operate its post-transition DTV station pursuant to a pending DTV application for maximization facilities that has not been authorized because of a pending international coordination issue. Licensee/permittee must provide FCC File No. here.
 - 
c.  Licensee/permittee hereby certifies that it will operate its post-transition DTV station based on its allotted replication facilities.  
d.  License/permittee hereby certifies that it does not have a DTV channel allotment, and will operate its post-transition DTV station based on its currently authorized NTSC license or construction permit, FCC File No. Licensee/permittee must provide FCC File No. here.
 - 
e.  Licensee/permittee hereby certifies that it will neither replicate nor maximize, and will operate its post-transition DTV station pursuant to the following authorized DTV facilities: (SELECT ONE)  Licensee/permittee must provide FCC File No. here.
 - 
      i.    License                   
      ii.   Construction Permit
      iii.  STA
2 Database Certification.
Licensee/permittee hereby certifies that it has reviewed its database information on file with the Commission and that its technical information is accurate and complete, to the best of its knowledge.

If no, licensee/permittee must attach an explanation, including appropriate engineering data, as an Exhibit to this form.                   

Yes No

[Exhibit 1]

I certify that the statements and certifications in this form are true, complete, and correct to the best of my knowledge and belief, and are made in good faith.

Typed or Printed Name of Person Signing
RICHARD KIRCHMEYER
Typed or Printed Title of Person Signing
V.P. INFORMATION TECHNOLOGY - WKU
Signature
Date
10/20/2004

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).



Exhibits
Exhibit 1
Description:
DATA BASE CORRECTION

THE DATA BASE INFORMATION FOR THE DIGITAL FACILITIES OF WKYU-DT, AS AUTHORIZED IN FILE NO. BMPEDT-20030424ABI IS CORRECT. AN APPLICATION FOR LICENSE FOR THE DIGITAL FACILITIES IS PENDING (FILE NO. BLEDT-20040803AAG).

HOWEVER, THE COORDINATES FOR THE TOWER USED FOR BOTH DIGITAL AND ANALOG OPERATION OF WKYU-TV AND WKYU-DT IS MISDESCRIBED IN THE EXISTING AUTHORIZATIONS FOR THE ANALOG OPERATION OF WKYU-TV. ON SEPTEMBER 21, 2004, AN APPLICTION (FILE NO. BMLET-2004921ADS) WAS FILED TO CORRECT THE TOWER COORDINATES OF WKYU-TV; THAT APPLICATION REMAINS PENDING.

EXHIBIT 8 TO FILE NO. BMLET-2004921ADS STATES:

'THIS APPLICATION IS BEING FILED TO CORRECT THE ANTENNA SUPPORT STRUCTURE COORDINATES AS AUTHORIZED BY SECTION 73.1690(B)(2). THE PRESENT LICENSED COORDINATES ARE LISTED AS 37-03-52 NL AND 86-26-07 WL (NAD27). HOWEVER, IT HAS COME TO THE LICENSEE'S ATTENTION THAT WHEN THE SUPPORT STRUCTURE WAS REGISTERED WITH THE COMMISSION (ASR # 1048806), THE CORRECT COORDINATES WERE DETERMINED TO BE 37-03-49 NL AND 86-26-07 WL (NAD27). THE APPLICANT REQUESTS THE WKYU-TV LICENSE BE MODIFIED TO SHOW THESE CORRECTED COORDINATES. NO OTHER CHANGES HAVE BEEN MADE OR ARE REQUIRED. ANY CHANGES IN SPACING AND/OR CONTOUR LOCATIONS ARE CONSIDERED DE MINIMIS UNDER FCC POLICY.'

Attachment 1