NBC TELEMUNDO LICENSE CO., THE LICENSEE OF WNBC-DT ('NBC'), HAS A PENDING APPLICATION FOR A LICENSE TO COVER AN OUTSTANDING DIGITAL CONSTRUCTION PERMIT. SEE FCC FILE NO. BMPCDT-20080314ACO (THE 'EXISTING PERMIT'). THE LICENSE TO COVER APPLICATION, SEE FCC FILE NO. BLCDT- 20080409AAM, HAS BEEN PENDING FOR TWO MONTHS AND WILL COVER THE EXISTING PERMIT, WHICH IS WHAT IS INTENDED TO BE THE STATION'S OPERATING DIGITAL FACILITY AS OF FEBRUARY 2009. THIS INSTANT MAXIMIZATION APPLICATION IS NOT INTENDED TO DISTURB OR AMEND THAT PENDING LICENSE TO COVER APPLICATION OR THE UNDERLYING EXISTING PERMIT, BUT IS TO BE SEPARATE AND IN ADDITION TO THAT EXISTING PERMIT AND LICENSE TO COVER APPLICATION. BECAUSE THE APPLICATION WILL ENABLE THE STATION TO IMPROVE AND INCREASE DIGITAL NBC NETWORK AND LOCAL PROGRAMMING IN THE NATION'S LARGEST TELEVISION DMA CONSISTENT WITH THE COMMISSION'S TECHNICAL REQUIREMENTS, THE APPLICATION SERVES THE PUBLIC INTEREST AND SHOULD BE GRANTED AS A SEPARATE CONSTRUCTION PERMIT. (TO THE EXTENT ANY WAIVERS ARE NECESSARY TO ALLOW SUCH PROCESSING, THEY ARE HEREBY REQUESTED.)