Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In re Matter of                  | *  | File Nos. 0002302206;        |
|                                  | *) | 0002302188                   |
| WGN COTINENTAL                   | ** |                              |
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| BROADCASTING COMPANY             | *  |                              |
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| Applications To Modify           | ** |                              |
| Television Intercity Relay       |    |                              |
| Stations WMV472 and WMV474,      | *  |                              |
| Washington, DC                   | *) |                              |
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+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: December 14, 2006 Released: December 15, 2006**

By the Deputy Chief, Broadband Division, Wireless Telecommunications
Bureau:

# INTRODUCTION 

1.  On September 6, 2005, WGN Continental Broadcasting Company (WGN)
    filed applications to modify TV Intercity Relay Stations WMV472 and
    WMV474, Washington, DC.[^1] WGN requested waivers[^2] of Sections
    1.924 and 1.929 of the Commission's Rules[^3] to permit the
    Commission to process the applications because the applications
    proposed modifications to stations licensed for fixed microwave
    operations in the 17.8-19.7 GHz band (18 GHz band) within a
    protected coordination area in and around Washington, DC. For the
    reasons discussed below, we grant a waiver of Section 1.924 of the
    Commission's Rules.

# BACKGROUND

2.  WGN is an indirect, wholly owned subsidiary of the Tribune Company
    and licensee of Station WGN-TV, Chicago, Illinois.[^4] Since 1995,
    WGN has operated two collocated, 18 GHz microwave relay stations --
    Stations WMV472 and WMV474 -- at 1325 G Street, NW, Washington, D.C.
    to relay video and related data from the Hart Senate Office Building
    to Tribune's Washington D.C. News Bureau (D.C. News Bureau).[^5] The
    broadcast news operation in the D.C. News Bureau provides
    up-to-the-minute news reports 24 hours a day to Tribune's television
    stations.[^6] According to WGN, Stations WMV472 and WMV474 play a
    vital role in the production of over 200 television news stories
    each week at the D.C. News Bureau for distribution to over 20
    Tribune television stations across the country that originate local
    news broadcasts.[^7] In order to do so, WGN explains that reporters
    utilize "the vast network of cable and fiber drops Tribune has
    installed around Capitol Hill and the two microwave relays at issue
    here to transmit this news footage back to the D.C. News
    Bureau."[^8]

3.  Tribune is relocating its D.C. News Bureau from its current location
    at 1325 G Street, NW to a larger facility at 1025 F Street, NW.[^9]
    In conjunction with the move of its D.C. News Bureau, WGN filed
    applications to modify Stations WMV472 and WMV474.[^10] In preparing
    these applications, WGN discovered that the coordinates of the
    receive sites specified in the licenses for Stations WMV472 and
    WMV474 were incorrect.[^11] Specifically, rather than showing the
    receive sites at the current location of the D.C. News Bureau on
    1325 G Street, NW (NAD 83 coordinates 38-53-54 N; 77-01-50.3
    W),[^12] the receive sites specified in the licenses are located at
    17th and Independence Avenue, NW (NAD 83 coordinates 38-53-15.4 N;
    77-02-27.9 W).[^13]

4.  Section 1.924(e) of the Commission's Rules[^14] creates quiet zones,
    or permanent exclusion and coordination zones, for fixed microwave
    operations in the 18 GHz band in and around Washington, D.C. and
    Denver, Colorado to protect sensitive government satellite
    operations.[^15] In accordance with Section 1.924(e)(3) of the
    Commission's Rules,[^16] no application seeking authority to operate
    a microwave facility in the 18 GHz band will be accepted for filing
    if the proposed station will operate within 20 kilometers of the
    coordinates specified in the rule.[^17] In the Washington area, the
    specified coordinates (NAD 83 coordinates 38-48-00 N; 76-52-00
    W)[^18] are located inside Andrews Air Force Base (AFB) in
    Maryland.[^19] The Hart Building is less than 16 km from the
    specified site at Andrews AFB.[^20]

5.  On September 6, 2005, WGN requested a waiver of Sections 1.924 of
    the Commission's Rules to permit the processing of the applications
    to modify Stations WMV472 and WMV474.[^21] WGN amended the
    applications and the waiver requests on September 16, 2005.[^22]

6.  WGN contends that Section 1.924(e)(3) of the Commission's Rules[^23]
    is inapplicable to the subject applications or, in the alternative,
    that the Commission should grant WGN's requests for waivers of the
    rule.[^24] First, WGN argues that that the rule does not apply to
    the underlying modification applications because the subject
    stations pre-date the Commission's adoption of Section 1.924(e)(3)
    of the Commission's Rules in 1997.[^25] According to WGN, the
    Commission's purpose in adopting the rule was to minimize potential
    interference to Government operations.[^26] WGN contends, "there was
    and is no 'potential interference' to minimize because these
    microwaves were already in operation and have remained in operation
    without complaint since the rule was adopted."[^27] WGN further
    contends that the subject applications "will not alter the
    interference characteristics of these microwave operations in any
    material way" because the applications propose only one modification
    to the technical parameters of Stations WMV472 and WMV474 -- a 0.8
    degree change in transmitter antenna azimuth from the Hart
    Building.[^28]

7.  Alternatively, WGN contends that the Commission should grant its
    requests for waivers of Section 1.924(e)(3) of the Commission's
    Rules.[^29] Specifically, WGN argues that the strict application of
    the rule in this instance will not advance the Commission's
    underlying "purpose to prevent sensitive government satellite
    operations from potential interference because the microwave
    facilities at issue were already in use when the rule was adopted in
    1997 and have remained in use since without any known interference
    complaints."[^30] WGN notes that Stations WMV472 and WMV474 remain
    useful only as a short haul system in part because they operate with
    very low power and that the radiation from both microwave
    operations, as modified, will continue to be directed away from the
    Andrews AFB.[^31] WGN therefore concludes that, "\[t\]hese technical
    parameters, combined with 10 years of uninterrupted operation
    without any interference complaints, clearly demonstrate that strict
    application of the rule here is not necessary to protect the Andrews
    AFB earth station/satellite operation from interference and that a
    waiver of the rule should accordingly be granted."[^32]

# DISCUSSION

8.  Section 1.925(b)(3) of the Commission's Rules[^33] provides that a
    waiver of the Commission's Rules may be granted if it is shown that
    either (1) the underlying purpose of the rule(s) would not be served
    or would be frustrated by application to the instant case, and that
    a grant of the requested waiver would be in the public interest;
    or (2) in view of the unique or unusual circumstances of the instant
    case, application of the rule(s) would be inequitable, unduly
    burdensome or contrary to the public interest, or the applicant has
    no reasonable alternative.[^34] For the reasons discussed below, we
    conclude that a waiver of Section 1.924(e)(3) of the Commission's
    Rules[^35] is warranted.

9.  Initially, we reject WGN's argument that Section 1.924(e)(3) of the
    Commission's Rules does not apply to the Applications. The rule
    states, "no application seeking authority to operate in the
    17.8-19.7 GHz band will be accepted for filing if the proposed
    station is located within 20 km . . . of the following
    coordinate\[s\]: . . . Washington, DC area: 38º48'00" N.
    Lat./76º52'00" W. Long."[^36] The Applications clearly seek
    authority to operate in that band and within the area prescribed by
    that rule. Moreover, WGN fails to cite to any order language or case
    precedent that supports its interpretation that the rule does not
    cover modifications to existing facilities. Accordingly, we conclude
    that a waiver of Section 1.924(e)(3) of the Commission's Rules is
    required.

10. We find that WGN has justified a waiver of Section 1.924(e)(3) of
    the Commission's Rules[^37] under the first prong of the waiver
    standard. The underlying purpose of the rule would not be served by
    application to the instant case.[^38] Section 1.924(e) of the
    Commission's Rules[^39] creates quiet zones, or permanent exclusion
    and coordination zones, for fixed microwave operations in the 18 GHz
    band in and around Washington, D.C. and Denver, Colorado to protect
    sensitive government satellite operations.[^40] The instant
    Applications fall within the 20-kilometer quiet zone created by
    Section 1.924(e)(3) of the Commission's Rules to protect sensitive
    Government satellite Earth stations in the Washington D.C.
    area.[^41] However, Stations WMV472 and WMV474 commenced operation
    at their current location at 1325 G Street, NW in 1995[^42] -- two
    years prior to the Commission's adoption of Section 1.924(e) of the
    Commission's Rules in 1997.[^43] Moreover, Stations WMV472 and
    WMV474 have operated at that location for more than ten years
    without reported instances of interference. In addition, the subject
    Applications only propose to relocate the receive sites of these two
    collocated, 18 GHz microwave relays a total of four blocks -- from
    1325 G Street, NW to 1025 F Street, NW.[^44] The subject
    applications therefore only propose one change to the technical
    parameters of the Stations WMV472 and WMV474 -- a 0.8 degree change
    in transmitter antenna azimuth from the Hart Building. Moreover, the
    subject applications were coordinated through the Interdepartment
    Radio Advisory Committee (IRAC) of the National Telecommunications
    and Information Administration (NTIA). Under such circumstances, we
    find that application of Section 1.924(e) of the Commission's
    Rules[^45] is not necessary to ensure that Government satellite
    Earth stations important to national security will operate without
    harmful interference being caused by non-Government operations.[^46]

11. We find that the public interest would be served by granting WGN a
    waiver of Section 1.924(e)(3) of the Commission's Rules.[^47] WGN
    and Tribune rely on the use of the Stations WMV472 and WMV474 to
    gather and report the news as well as to produce original news
    programming. Specifically, WGN has operated Stations WMV472 and
    WMV474 at their current location since 1995 to relay video and data
    from the Hart Senate Office Building to Tribune's D.C. News
    Bureau.[^48] The D.C. News Bureau assumes responsibility for both
    news publishing and broadcasting.[^49] For example, at the D.C. News
    Bureau, Tribune's broadcast news operations provide up-to-the-minute
    news reports 24 hours a day to Tribune's television stations.[^50]
    According to WGN, Stations WMV472 and WMV474 play a vital role in
    the production of over 200 television news stories each week at the
    D.C. News Bureau for distribution to over 20 Tribune television
    stations across the country that originate local news
    broadcasts.[^51] In order to do so, WGN explains that reporters
    utilize "the vast network of cable and fiber drops Tribune has
    installed around Capitol Hill and the two microwave relays at issue
    here to transmit this news footage back to the D.C. News
    Bureau."[^52] WGN notes that, once the relocation to 1025 F Street,
    NW is complete, the DC News Bureau will house more than 100
    journalists making it the largest multi-media bureau in the nation's
    capital.[^53] Accordingly, we find that the public interest would be
    served by granting WGN a waiver of Section 1.924(e)(3) of the
    Commission's Rules,[^54] thereby permitting the public to continue
    to benefit from WGN's use of the subject stations for news gathering
    and reporting and for original program production.

# CONCLUSION AND ORDERING CLAUSES

12. We find, for the reasons explained in this *Memorandum Opinion and
    Order,* that WGN has demonstrated that a waiver of Section
    1.924(e)(3) of the Commission's Rules is warranted. We therefore
    direct processing of the Applications.

13. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925, the
    Request for Waiver filed by WGN Continental Broadcasting Company on
    September 16, 2005 IS GRANTED.

14. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309,
    and Section 1.924 of the Commission's Rules, 47 C.F.R. § 1.924, that
    the licensing staff of the Broadband Division SHALL PROCESS, WGN\'s
    pending applications, file numbers 0002302206 and 0002302188, in
    accordance with this *Memorandum Opinion and Order* and the
    applicable Commission Rules.

15. These actions are taken under delegated authority pursuant to
    Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§
    0.131, 0.331.

> FEDERAL COMMUNICATIONS COMMISSION
>
> John J. Schauble
>
> Deputy Chief, Broadband Division
>
> Wireless Telecommunications Bureau

[^1]: *See* File Nos. 0002302206; 0002302188 (Sept. 6, 2005). WGN
    amended its applications for both stations on September 16, 2005.
    *See* File Nos. 0002302206; 0002302188 (Sep. 16, 2005). We herein
    refer to the amended applications, collectively, as Applications.

[^2]: *See* FCC File 0002302206, Request for Waiver (Sept. 6, 2005); FCC
    File 0002302188, Request for Waiver (Sept. 6, 2005). WGN filed
    amended waiver requests on September 16, 2005. *See* FCC File
    0002302206, Amended Request for Waiver (Sept. 16, 2005); FCC File
    0002302188, Amended Request for Waiver (Sept. 16, 2005). We herein
    refer to the waiver requests, as amended, as Waiver Requests.

[^3]: 47 C.F.R. §§ 1.924, 1.929.

[^4]: Waiver Requests at 1.

[^5]: *See* Waiver Requests at 1-2.

[^6]: *See* Waiver Requests at 1-2.

[^7]: *See* Waiver Requests at 2.

[^8]: Waiver Requests at 3.

[^9]: *See* Waiver Requests at 1.

[^10]: *See* File Nos. 0002302206; 0002302188 (Sept. 6, 2005). WGN
    amended its applications for both stations on September 16, 2005.
    *See* FCC Files 0002302206; 0002302188 (Sept. 16, 2005). We herein
    refer to the amended applications, collectively, as applications.

[^11]: *See* Waiver Requests at 6. WGN concedes that the original
    applications incorrectly identified the coordinates of the receive
    sites. *See* Waiver Requests at 6.

[^12]: *See* Waiver Requests at 6.

[^13]: *See* License for Station WMV472 (issued Mar. 14, 1995); License
    for Station WMV474 (issued Mar. 14, 1995).

[^14]: 47 C.F.R. § 1.924(e).

[^15]: *See* 47 C.F.R. § 1.924(e); Amendment of the Commission's Rules
    to Relocate the Digital Electronic Message Service from the 18 GHz
    Band to the 24 GHz Band and to Allocate the 24 GHz Band for Fixed
    Service, ET Docket No. 97-99, *Order,* 13 FCC Rcd 3581 (1997) (*18
    GHz Order*).

[^16]: 47 C.F.R. § 1.924(e)(3).

[^17]: *See* 47 C.F.R. § 1.924(e)(3).

[^18]: *See* 47 C.F.R. § 1.924(e)(3)*.*

[^19]: We may herein reference the distance between the proposed
    relocation site for the subject stations and the coordinates
    specified in 47 C.F.R. § 1.924(e)(3) in terms of the distance from
    Andrews AFB.

[^20]: *See* Waiver Requests at 4.

[^21]: WGN also requested waivers of 47 C.F.R. § 1.929(d)(1)(ix). *See*
    Waiver Requests at 6-7. Pursuant to 47 C.F.R. § 1.929(d)(1)(ix), any
    change in transmit antenna azimuth greater than 1 degree is
    considered a major modification to an existing microwave facility.
    We find it unnecessary to address WGN's arguments for waivers of 47
    C.F.R. § 1.929(d)(1)(ix). Our action in the instant *Memorandum
    Opinion and Order* is sufficient to permit the Commission to process
    the subject applications.

[^22]: WGN amended the applications to correct an error in the reported
    height above ground level (AGL) of the transmit antenna.
    Specifically, WGN explained that the "transmit antenna is and will
    remain at the same 30.5 meters AGL as shown on the current licenses
    for WMV472 and WMV474. Accordingly, the response to Question Number
    7 in Schedule I, Supplement 2 has been corrected to 30.6 meters from
    43.6 meters." File No. 0002302206, Explanation Regarding Amendment
    (Sept. 16, 2005); File No. 0002302188, Explanation Regarding
    Amendment (Sept. 16, 2005). The Waiver Requests were also amended to
    note, for example, that the applications underwent more stringent
    interference coordination that otherwise necessary because Comsearch
    coordinated the applications at the higher transmit antenna AGL of
    43.6 meters. *See id.*

[^23]: 47 C.F.R. § 1.924(e)(3).

[^24]: *See* Waiver Requests at 4.

[^25]: *See* Waiver Requests at 4.

[^26]: *See* Waiver Requests at 5. WGN further notes that the text of 47
    C.F.R. § 1.924(e)(3) suggests that the Commission's purpose was
    directed at applications for "new authority within the restricted 20
    kilometer zone rather than applications proposing to modify
    previously-approved microwave relays already in operation." Waiver
    Requests at 5.

[^27]: Waiver Requests at 5.

[^28]: Waiver Requests at 5. The use of the coordinates of the receive
    sites at the current location of the D.C. News Bureau on 1325 G
    Street, NW (NAD 83 coordinates 38-53-54 N; 77-01-50.3 W) results in
    the calculation of a 0.8 degree change in transmitter antenna
    azimuth from the Hart Building. However, if the coordinates of the
    receive sites specified in the licenses are used, the proposed
    change in the transmit antenna azimuth from the Hart Building is
    24.6 degrees.

[^29]: *See* Waiver Requests at 5-6.

[^30]: *See* Waiver Requests at 5.

[^31]: *See* Waiver Requests at 5-6.

[^32]: Waiver Requests at 6.

[^33]: 47 C.F.R. § 1.925(b)(3).

[^34]: *Id.; see also Northeast Cellular Telephone Co. v. FCC*, 897 F.2d
    1164, 1166 (D.C. Cir. 1990); *W**AIT Radio v. FCC*, 418 F.2d 1153
    (D.C. Cir. 1969), aff\'d, 459 F.2d 1203 (1972), cert. denied, 409
    U.S. 1027 (1972).

[^35]: 47 C.F.R. § 1.924(e)(3).

[^36]: 47 C.F.R. § 1.924(e)(3). The language of the rule was adopted by
    the Commission in the *18 GHz Order* as part of a proceeding
    initiated pursuant to a request from the NTIA, on behalf of the
    Department of Defense, to protect Government Earth stations in the
    18 GHz band in the Washington, DC, and Denver, CO, areas in the
    interest of national security. *See 18 GHz Order,* 13 FCC Rcd at
    3581 ¶ 2. Specifically, the Commission established coordination and
    *permanent exclusion zones* for the 18 GHz band. *See 18 GHz Order,*
    13 FCC Rcd at 3582 ¶ 4. Whereas the coordination zones in those
    areas are set-forth in 47 C.F.R. § 1.924(e)(1)-(2), the permanent
    exclusion zones for the 18 GHz band are set-forth in 47 C.F.R. §
    1.924(e)(3). *See* 47 C.F.R. § 1.924(e); *see also 18 GHz Order,* 13
    FCC Rcd at 3584, Appendix.* *

[^37]: 47 C.F.R. § 1.924(e)(3).

[^38]: We also find, below, that a waiver of 47 C.F.R. § 1.924(e)(3) is
    in the public interest.

[^39]: 47 C.F.R. § 1.924(e).

[^40]: *See* 47 C.F.R. § 1.924(e); *18 GHz Order,* 13 FCC Rcd at 3581 ¶
    4 (explaining that the Commission's adoption of the quiet zones will
    ensure that Government satellite Earth stations important to
    national security will operate without harmful interference being
    caused by non-Government operations).

[^41]: *See* 47 C.F.R. 1.924(e)(3). Specifically, the transmission
    antenna for Stations WMV472 and WMV474 at the Hart Building is less
    than 16 km from the specified site (NAD 83 coordinates 38-48-00 N;
    76-52-00 W) at Andrews AFB.

[^42]: *See* License for Station WMV472 (issued Mar. 14, 1995); License
    for Station WMV474 (issued Mar. 14, 1995); Waiver Requests at 6.

[^43]: *See 18 GHz Order,* 13 FCC Rcd at 3581 ¶ 1.

[^44]: *See* Waiver Requests at 1-2.

[^45]: 47 C.F.R. § 1.924(e).

[^46]: *See* 47 C.F.R. § 1.924(e); *18 GHz Order,* 13 FCC Rcd at 3581 ¶
    4 (explaining that the Commission's adoption of the quiet zones will
    ensure that Government satellite Earth stations important to
    national security will operate without harmful interference being
    caused by non-Government operations).

[^47]: 47 C.F.R. § 1.924(e)(3).

[^48]: *See* Waiver Requests at 1-2.

[^49]: *See* Waiver Requests at 1-2.

[^50]: *See* Waiver Requests at 1-2.

[^51]: *See* Waiver Requests at 2.

[^52]: Waiver Requests at 3.

[^53]: *See* Waiver Requests at 3.

[^54]: 47 C.F.R. § 1.924(e)(3).