Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-1073 (October 2004)
FCC 385
FOR FCC USE ONLY
 
DIGITIAL CHANNEL ELECTION FORM
SECOND ROUND CONFLICT DECISION

Must Be Filed by:

Please Read INSTRUCTIONS Before Completing This Form

FOR COMMISSION USE ONLY
FILE NO.

BSRCCT - 20060223AAA
Section I - General Information
Licensee/Permittee Information
1. Legal Name of the Licensee/Permittee
MT. MANSFIELD TELEVISION, INC.
Mailing Address
P.O. BOX 608

City
BURLINGTON
State or Country (if foreign address)
VT
ZIP Code
05402 -
Telephone Number (include area code)
8026526300
E-Mail Address (if available) 
PMARTIN@WCAX.COM
Station / Facility Information
2. FCC Registration Number
0003644176
Call Sign 
WCAX-TV
Facility ID Number
46728
Community of License: City
BURLINGTON

State
VT

3. Currently Assigned Channels:
a. DTV Channel:    53      Not Applicable
b. NTSC Channel: 3      Not Applicable
Contact Information (if different from licensee/permittee)
4. Contact Representative
WILLIAM R. RICHARDSON, JR.
Firm or Company Name
WILMER CUTLER PICKERING HALE AND DORR LLP
Mailing Address
2445 M STREET, N.W.

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20037 - 1420
Telephone Number (include area code)
2026636038
E-Mail Address (if available)
WILLIAM.RICHARDSON@WILMERHALE.COM
Purpose of Form:
5.
The purpose of the Second Round Conflict Decision Form is for second 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):   1004

Second Round Conflict Decision:

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

Licensee/permittee decides to maintain its second 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 second round channel election but decides to resolve its interference conflict by entering into a negotiated conflict resolution agreement with another licensee/permittee, and changes its election for final DTV operation to its contingent second round channel election.

Licensee/Permittee must complete Schedule A.

NOTE: Licensee/permittee's contingent second round channel election may not be used if such election would result in an interference conflict.
Indicate channel number .

c.  Licensee/permittee decides not to maintain its second round channel election and makes no channel election in the second round; accordingly, licensee/permittee elects to participate in the third round of elections.

 
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
PETER R. MARTIN
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
02/23/2006

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.
WGBH EDUCATIONAL FOUNDATION WGBY-TV 72096



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



Exhibits