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 - 20050815AEJ
Section I - General Information
Licensee/Permittee Information
1. Legal Name of the Licensee/Permittee
AMERICAN BROADCASTING COMPANIES, INC.
Mailing Address
77 WEST 66TH STREET, 16TH FLR
ATTN: JOHN W. ZUCKER, ESQ.

City
NEW YORK
State or Country (if foreign address)
NY
ZIP Code
10023 - 6298
Telephone Number (include area code)
2124567777
E-Mail Address (if available) 
Station / Facility Information
2. FCC Registration Number
0004135216
Call Sign 
WABC-TV
Facility ID Number
1328
Community of License: City
NEW YORK

State
NY

3. Currently Assigned Channels:
a. DTV Channel:    45      Not Applicable
b. NTSC Channel: 7      Not Applicable
Contact Information (if different from licensee/permittee)
4. Contact Representative
JOHN W. ZUCKER, ESQ.
Firm or Company Name
AMERICAN BROADCASTING COMPANIES, INC.
Mailing Address
77 WEST 66TH STREET, 16TH FLR

City
NEW YORK
State or Country (if foreign address)
NY
ZIP Code
10023 - 6298
Telephone Number (include area code)
2124567387
E-Mail Address (if available)

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.
45

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
JOHN W. ZUCKER, ESQ.
Typed or Printed Title of Person Signing
ASSISTANT SECRETARY
Signature
Date
08/15/2005

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).



Exhibits
Exhibit 1
Description:
EXHIBIT 1

SIMULTANEOUSLY WITH FILING THE INSTANT FORM 383, AMERICAN BROADCASTING COMPANIES, INC. ('ABC'), LICENSEE OF WABC-TV/DT, NEW YORK, NEW YORK ('WABC'), IS FILING AN EMERGENCY REQUEST FOR WAIVER ('WAIVER REQUEST') OF THE 0.1 PERCENT STANDARD THE COMMISSION USED IN THE FIRST ROUND OF DTV CHANNEL ELECTIONS TO CALCULATE INTERFERENCE CONFLICTS BETWEEN ELECTED IN-CORE NTSC CHANNELS AND ELECTED IN-CORE DTV CHANNELS.   IN THE FIRST ROUND OF DTV CHANNEL ELECTIONS WABC ELECTED ITS IN-CORE NTSC CHANNEL 7 FOR POST-TRANSITION DTV OPERATION. IN A LETTER DATED JUNE 7, 2005, THE MEDIA BUREAU DISAPPROVED WABCS FIRST-ROUND DTV CHANNEL ELECTION BECAUSE THE STATIONS ELECTED NTSC CHANNEL 7 WAS PREDICTED TO CAUSE 2.8 PERCENT IMPERMISSIBLE INTERFERENCE TO THE ELECTED IN-CORE DTV CHANNEL 8 FACILITY OF NONCOMMERCIAL EDUCATIONAL STATION WNJB-DT, NEW BRUNSWICK, NEW JERSEY ('WNJB'), IN EXCESS OF THE COMMISSIONS 0.1 PERCENT INTERFERENCE STANDARD.

ABCS INSTANT FORM 383 FILING FOR WABC IS MADE WITHOUT PREJUDICE TO ABC'S WAIVER REQUEST AND IS SUBJECT TO THE FINAL ACTION ON THE WAIVER REQUEST BY THE FCC. IN THE WAIVER REQUEST, ABC ALSO REQUESTS THAT THE FCC NOT RELEASE WABCS IN-CORE NTSC CHANNEL 7 IN THE SECOND ROUND OF DTV CHANNEL ELECTIONS. ACCORDINGLY, ABC HERE IN REQUESTS THAT IT BE PERMITTED TO AMEND THIS FORM 383 FILING IN ORDER TO RE-ELECT WABCS IN-CORE NTSC CHANNEL 7 IN THE EVENT THE FCC GRANTS THE WAIVER REQUEST OR IF ABC IS ABLE TO REACH A NEGOTIATED SOLUTION WITH WNJB.

Attachment 1