APPLICANT SEEKS A WAIVER OF THE PRESENT FREEZE ON CERTAIN DIGITAL TELEVISION MODIFICATION APPLICATIONS, AS FURTHER EXPLAINED IN THE TECHNICAL EXHIBIT ATTACHED HERETO. THE MODIFICATION APPLICANT SEEKS IS DEMINIMUS IN NATURE, AND WAS MADE NECESSARY BY THE LOSS OF APPLICANT'S TOWER DUE TO HURRICANE IVAN. FOR THE COMMISSION'S INFORMATION, APPLICANT WILL SHORTLY FILE A MINOR MODIFICATION APPLICATION TO MAKE MINOR CHANGES TO ITS AUTHORIZED ANALOG FACILITIES, ALSO DUE TO THE LOSS OF ITS TOWER. ON NOVEMBER 5, 2004, APPLICANT FILED FORM 381 (FCC FILE NO. BCERCT-20041105AET), CERTIFYING ITS INTENT TO OPERATE MAXIMIZED FACILITIES AS AUTHORIZED IN WHBRS DIGITAL TELEVISION PERMIT, BPCDT-19991028AFO, AND CERTIFIED THAT THE FCCS TECHNICAL DATABASE FOR THOSE FACILITIES WAS CORRECT. HOWEVER, APPLICANT ALSO ADVISED THE COMMISSION STAFF VIA AN EMAIL NOTICE TO FORM381@FCC.GOV (ATTACHED HERETO) THAT IT WOULD ULTIMATELY HAVE TO MODIFY ITS DIGITAL PERMIT BECAUSE OF THE LOSS OF ITS TOWER DUE TO HURRICANE IVAN, AND THAT IT WOULD THEREFORE NOT BE ABLE TO OPERATE THE MAXIMIZED FACILITIES IN ITS DIGITAL PERMIT. APPLICANT FURTHER SOUGHT A WAIVER OF THE CERTIFICATION REQUIREMENTS, SEEKING AUTHORITY TO AMEND ITS FORM 381 CERTIFICATIONS ONCE A MODIFIED PERMIT WAS ISSUED. THE COMMISSION HAS NOT YET ACTED UPON THE WAIVER REQUEST. APPLICANT SHALL AWAIT THE COMMISSION'S ANALYSIS OF THIS APPLICATION AND ITS DECISION ON WHETHER A FORM 381 AMENDMENT IS REQUIRED. ON JANUARY 21, 2005, APPLICANT FILED A FORM 382 DIGITAL CHANNEL ELECTION FORM FOR WHBR (BFRECT-20050121ACZ), SPECIFYING ITS DIGITAL PAIRED CHANNEL, CHANNEL 34, AS THE CHANNEL ON WHICH IT WOULD OPERATE DIGITALLY POST-TRANSITION. THE MODIFICATION PROPOSED IN THIS APPLICATION IS FOR WHBR'S PROPOSED DIGITAL OPERATION ON CHANNEL 34. SIMULTANEOUSLY WITH THE FILING OF THIS MODIFICATION APPLICATION, APPLICANT WILL SEND AN EMAIL NOTICE TO THE FCC VIA THE FORM382@FCC.GOV ADDRESS TO ADVISE OF THIS FILING, AND TO REQUEST THAT THE FCC CONSIDER THE PROPOSED MODIFIED DIGITAL FACILITIES SPECIFIED IN THIS APPLICATION FOR PURPOSES OF CONDUCTING STEP 3 (INTERFERENCE CONFLICT ANALYSIS) OF THE DIGITAL ELECTION PROCESS. IN THE EVENT A WAIVER IS REQUIRED FOR SUCH CONSIDERATION, ONE IS HEREBY REQUESTED.