THIS APPLICATION SEEKS TO MODIFY THE CONSTRUCTION PERMIT FOR TRANSLATOR W292DB TO A OPERATING FREQUENCY. THE CHANGE IN FREQUENCY IS NECESSITATED BY THE APPLICATION BPH-20070727AID FILED BY STATION WHHT-FM HORSE CAVE, KENTUCKY, WHICH SPECIFIES A MOVE OF THAT FACILITY FROM CHANNEL 294A TO CHANNEL 292C2 WHICH PRECLUDES OPERATION OF THIS FAILITY ON CHANNEL 292. AS NOTED ON THE ATTACHED MAP OF CONTOURS AND CHANNEL ANALYSIS, CHANNEL 294 IS OPERABLE AT THE PROPOSED LOCATION CLEAR OF ALL CO-CHANNEL, FIRST-ADJACENT AND THIRD-ADJACENT FACILITIES IN THE AREA. AS HIGHLIGHTED ON THE CHANNEL STUDY, THE PROPOSED OPERATION IS WITHIN THE PROTECTED 60DBU (50,50) CONTOUR OF SECOND ADJACENT FACILITY WUHU-FM CH-296C2 SMITHS GROVE, KENTUCKY. THE SIGNAL OF WUHU-FM AT THE PROPOSED LOCATION IS 67.3DBU (50,50)MAKING THE RELEVANT INTERFERRING CONTOUR OF THE PROPOSED FACILITY 107.3DBU (50,10). THE FREE SPACE DISTANCE TO THIS CONTOUR IS 117 METERS. THE ATTACHED TOPOGRAHPIC MAP CONFIRMS THE LOCATION OF THE PROPOSED ANTENNA. THIS IS THE CITY WATER TANK FOR THE CITY OF PORTLAND, TENNESSEE, AND IS LOCATED 130 METERS FROM THE CLOSEST PUBLIC ACCESS ROADWAY ON RESTRICTED ACCESS CITY PROPERTY. IT IS THE APPLICANT'S OBSERVATION THAT THE WATER TANK IS LOCATED 120 METERS FROM THE NEAREST BUILDING WHERE HUMANS ARE LIKELY TO BE PRESENT ON ANY ROUTINE BASIS. IT IS THE OPINION OF THE APPLICANT THAT THE 117 METER DISTANCE TO THE ABOVE INTERFERING CONTOUR WILL NOT COME IN CONTACT WITH THE GENERAL PUBLIC. THE APPLICANT RESPECTFULLY REQUESTS A WAIVER OF 74.1204(D) TO PERMIT THE OPERATION OF THE PROPOSED FACILITY ON THE BASIS OF ZERO POPULATION IN THE AREA OF INTERFERENCE.