Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-1075 (October 2004)
FCC 383
FOR FCC USE ONLY
 
DIGITIAL CHANNEL ELECTION FORM
FIRST ROUND CONFLICT DECISION

Must Be Filed by:

Please Read INSTRUCTIONS Before Completing This Form

FOR COMMISSION USE ONLY
FILE NO.

BFRCCT - 20050812ABJ
Section I - General Information
Licensee/Permittee Information
1. Legal Name of the Licensee/Permittee
WTOV-TV HOLDINGS, INC.
Mailing Address
3993 HOWARD HUGHES PARKWAY
SUITE 250

City
LAS VEGAS
State or Country (if foreign address)
NV
ZIP Code
89109 -
Telephone Number (include area code)
7028662203
E-Mail Address (if available) 
Station / Facility Information
2. FCC Registration Number
0004929790
Call Sign 
WTOV-TV
Facility ID Number
74122
Community of License: City
STEUBENVILLE

State
OH

3. Currently Assigned Channels:
a. DTV Channel:    57      Not Applicable
b. NTSC Channel: 9      Not Applicable
Contact Information (if different from licensee/permittee)
4. Contact Representative
KEVIN F. REED, ESQ.
Firm or Company Name
DOW, LOHNES & ALBERTSON, PLLC
Mailing Address
1200 NEW HAMPSHIRE AVE, NW
SUITE 800

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20036 -
Telephone Number (include area code)
2027762000
E-Mail Address (if available)
KREED@DOWLOHNES.COM
Purpose of Form:
5.
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)

a.   Conflict Decision
b.    Amendment




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.


1. 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):   1002

First Round Conflict Decision:

2. Licensee/permittee makes the following decision about its interference conflict: (SELECT ONE)
a. 

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)

(i)   
  a negotiated conflict resolution agreement. Licensee/permittee must complete Schedule A.

(ii)  
   technical engineering data. Licensee/permittee must complete Schedule B - DTV Engineering.

b.  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:

NOTE: Post-transition rights to 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.
Indicate channel number.

c.  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 station are released.

International Coordination.
3 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

[Exhibit 1]

Section III

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
MINDY RIDDLE
Typed or Printed Title of Person Signing
ASSISTANT SECRETARY
Signature
Date
08/11/2005

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).



CONFLICT DECISION FORM SCHEDULE A

SCHEDULE FOR NEGOTIATED CONFLICT RESOLUTION AGREEMENT

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.


1.   [Station List]



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 Call Sign Facility ID No.
DAVIS TELEVISION CLARKSBURG, LLC WVFX 10976



2.  Licensee/permittee must provide a copy of the Negotiated Conflict Resolution Agreement and/or engineering information to the FCC upon request.



Exhibits