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.

BCERCT - 20041105AXF
Section I - General Information
Licensee/Permittee Information
1. Legal Name of the Applicant
RKM MEDIA, INC.
Mailing Address
137 SPYGLASS LANE

City
FAYETTEVILLE
State or Country (if foreign address)
NY
ZIP Code
13066 -
Telephone Number (include area code)
3156375530
E-Mail Address (if available) 
Station / Facility Information
2. FCC Registration Number:
0003744851
Call Sign 
WNYS-TV
Facility ID Number
58725
Community of License: City
SYRACUSE

State
NY

3. Currently Assigned Channels:
a. DTV Channel:    44      Not Applicable
b. NTSC Channel: 43      Not Applicable
Contact Information (if different from licensee/permittee)
4. Contact Representative (if other than Applicant)
JULIAN L. SHEPARD, ESQ.
Firm or Company Name
WILLIAMS MULLEN
Mailing Address
1666 K STREET, N.W.
SUITE 1200

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 - 1200
Telephone Number (include area code)
2022938111
E-Mail Address (if available)
JSHEPARD@WILLIAMSMULLEN.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.
BPCDT - 19991027ADD
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
RONALD W. PHILIPS
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
11/05/2004

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:
INTENT TO BUILD MAXMIZED FACILITIES

THE LICENSEE HAS A PENDING DTV CONSTRUCTION PERMIT APPLICATION FOR WNYS-DT, SYRACUSE, NY (FCC FILE NO. BPCDT-19991027ADD) ON FILE. THIS APPLICATION, AT THE ADVICE OF FCC STAFF, WAS RECENTLY AMENDED TO REDUCE POWER TO A LEVEL THAT WOULD MAKE IT GRANTABLE, PER FCC STAFF ADVICE. THE APPLICATION WAS AMENDED PRIOR TO NOVEMBER 5, 2004 IN RELIANCE ON FCC STAFF STATEMENTS THAT GRANTABLE PENDING APPLICATIONS WOULD BE ACTED UPON IN TIME FOR LICENSEES TO SPECIFY THOSE FACILITIES IN THE FCC FORM 381 ON NOVEMBER 5, 2004.

THE LICENSEE THUS EXPECTED TO HAVE THE APPLICATION GRANTED IN TIME TO SPECIFY ITS INTENT TO BUILD MAXMIZED FACILITIES AUTHORIZED BY BPCDT-19991027ADD ON THIS FCC FORM 381. HOWEVER, THE APPLICATION HAS NOT BEEN PROCESSED PRIOR TO THE FILING DEADLINE, AND THE CDBS SYSTEM HAS FORCED IT TO SELECT THE REPLICATION OPTION INDICATED IN 1(C). GIVEN THE LICENSEE'S EXPECTATIONS THAT THE CONSTRUCTION PERMIT WILL BE GRANTED SHORTLY, IT INTENDS TO AMEND THIS FCC FORM 381 TO SPECIFY ITS INTENT TO BUILD ITS MAXIMIZED FACILITIES. LICENSEE WILL FILE THAT AMENDMENT AS SOON AS THE CONSTRUCTION PERMIT IS GRANTED.

Attachment 1