**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File Nos. 0002108062,        |
|                                  | *) | 0002832293                   |
| COUNTY OF ARLINGTON, VIRGINIA    | ** |                              |
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| For Modification of Travelers'   | *  |                              |
| Information Stations WQBY206 and | *) |                              |
| WQCR563, Arlington, Virginia,    | ** |                              |
| and Request for Waiver of        |    |                              |
| Section 90.242 of the            | *  |                              |
| Commission's Rules               | *) |                              |
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**ORDER**

**Adopted: March 1, 2007 Released: March 1, 2007**

By the Chief, Policy Division, Public Safety and Homeland Security
Bureau:\
\
**I. INTRODUCTION**

1.  We have before us a request for a waiver of Section 90.242(b)(4)(iv)
    of the Commission's rules[^1] (Waiver Request) filed by the County
    of Arlington, Virginia, (Arlington).[^2] Arlington seeks to modify
    its license for Call Sign WQCR563, a Travelers' Information Station
    ("TIS"), to communicate with the public over an expanded area during
    emergencies. For the reasons stated herein, we grant the waiver
    request. In connection with this grant, as explained herein, we also
    direct Arlington to withdraw its pending petition for
    reconsideration of a previous decision denying its request to modify
    TIS Call Sign WQBY206, and submit for cancellation its license for
    TIS Call Sign WQBY206, within ten days of the release of this
    Order.[^3]

# II. BACKGROUND

2.  Arlington initially was licensed under Call Sign WQBY206 at a
    facility located in Arlington, Virginia ("Fire Station #2").[^4]
    Arlington previously sought a waiver of Sections 90.242(b)(4)(iii)
    and (iv) of the Commission's rules[^5] in order to increase the
    station's authorized power from ten watts to one hundred watts
    within a coverage area beyond the prescribed two millivolts per
    meter (mV/m) distance.[^6] That request was placed on *Public
    Notice* and was unanimously supported by commenters.[^7] The former
    Public Safety and Critical Infrastructure Division (PSCID) of the
    Wireless Telecommunications Bureau, however, dismissed and denied
    the modification application and accompanying waiver request.[^8]
    Although Arlington's petition for reconsideration of the *Order*
    remains pending, Arlington has indicated that it is "prepared to
    withdraw the petition \[for reconsideration\] in favor of the
    requested modification and waiver, if and as appropriate."[^9]

3.  Arlington now submits that "testing of antenna systems of the type
    the County would like to employ has demonstrated much wider coverage
    at ten watts than first anticipated. The chosen antenna
    configuration will potentially extend the range of the 2 mV/m
    contour to a distance of approximately 3.27 kilometers (km) from the
    transmitter site."[^10] Accordingly, Arlington now seeks a waiver of
    Section 90.242(b)(4)(iv) only to extend the coverage contour of Fire
    Station #2, currently licensed under Call Sign WQCR563, beyond the
    prescribed boundary of 1.5 km (0.93 miles) from the transmitting
    antenna.[^11]

4.  Arlington states that it is one of the most densely populated
    jurisdictions in the country, with a weekday population estimated at
    280,000.[^12] Arlington believes that a minimum signal of 2 m/Vm
    would be required to provide adequate service to listeners and to
    override ambient radio frequency noise on the AM broadcast band in
    an urban environment.[^13] Arlington argues that a single site
    system will be far more reliable and efficient than synchronizing a
    multi-site system.[^14] Further, it believes that a waiver would
    allow Arlington to install one transmitter at a preferred site and
    provide a highly reliable system with minimal transmission gaps
    between its five TIS sites licensed under WQCR563 without causing
    interference to other commercial AM or TIS stations.[^15] Noting
    that its central transmitter, Fire Station #2, is in the immediate
    vicinity of roadways Interstate 66 and Wilson Boulevard, a business
    corridor connector,[^16] Arlington contends that grant of the waiver
    request would permit Arlington to extend its signal coverage to the
    Pentagon, Reagan National Airport, and the five bridges over the
    Potomac River that connect Washington, D.C. and Virginia.[^17]

# III. DISCUSSION

5.  To obtain a waiver of the Commission's rules, a petitioner must
    demonstrate either that: (i) the underlying purpose of the rule(s)
    would not be served or would be frustrated by application to the
    present case, and that a grant of the waiver would be in the public
    interest; or (ii) in view of unique or unusual factual circumstances
    of the instant case, application of the rule(s) would be
    inequitable, unduly burdensome, or contrary to the public
    interest,[^18] or the applicant has no reasonable alternative.[^19]
    An applicant seeking a waiver faces a high hurdle and must plead
    with particularity the facts and circumstances that warrant a
    waiver.[^20] Based on the information before us, we are persuaded
    that Arlington has demonstrated that a waiver of Section
    90.242(b)(4)(iv) is warranted.

6.  When the Commission adopted the TIS rules, it stated that TIS "is
    intended to serve a 3 km zone with generally repetitive information
    pertinent to travelers."[^21] In limiting the TIS coverage zone, the
    Commission primarily was motivated to minimize the potential for TIS
    to cause interference to broadcast stations.[^22] The Commission
    therefore adopted rules to limit the measured field strength at 1.5
    kilometers from the transmitting site, limit the maximum antenna
    height, and limit the transmitter output power to ten watts.[^23]
    The Commission stated that "considering the likelihood of
    interference to broadcast stations, these steps should prevent
    interference situations from developing without unduly burdening TIS
    applicants."[^24] Arlington conducted an engineering analysis to
    demonstrate that its ten-watt TIS facility operating on frequency
    1700 kHz would afford all existing AM broadcast stations the
    required interference protection.[^25] After reviewing Arlington's
    engineering analysis, we believe that grant of the waiver request is
    warranted because Arlington has demonstrated that its proposal would
    adequately protect broadcast stations from potential harmful
    interference, consistent with the underlying purpose of Section
    90.242(b)(4)(iv).

7.  Each application for TIS must be accompanied by a statement
    certifying that the proposed station satisfies the minimum
    separation distances specified in Section 90.242(a)(2)(i).[^26]
    Specifically, the proposed station must be located at least 15 km
    (9.3 miles) outside the measured 0.5 mV/m service contour of any
    broadcast station operating on the first adjacent channel, or at
    least 130 km (80.6 miles) for broadcast stations operating on a
    co-channel basis.[^27] Arlington states that Fire Station #2 would
    be located 82.18 km from first adjacent channel station WPTX,
    Lexington Park, Maryland, operating on frequency 1690 kHz.[^28] The
    separation between the respective stations' 0.5 mV/m service
    contours is approximately 27 km, thus meeting the minimum separation
    requirement. Arlington also states that its operations would not
    interfere with the 0.5 mV/m service contour of the nearest
    co-channel station, Call Sign WEUV, Huntsville, Alabama, which is
    located 963 km away.[^29] Based on the facts before us, we conclude
    that Arlington has satisfied the requisite separation distance
    requirements of Section 90.242(a)(2)(i).

8.  Section 90.242(a)(2)(ii) requires a TIS applicant to certify that it
    has considered possible cross-modulation and inter-modulation
    interference effects on AM broadcast stations in the vicinity that
    are operating on the second or third adjacent channel.[^30]
    Arlington notes that the closest second adjacent channel station,
    Call Sign WTTM, Lindewold, New Jersey, operating on frequency 1680
    kHz, is located 210.94 km away, and that the closest third adjacent
    channel station, Call Sign WMWR, Dry Branch, Georgia, operating on
    frequency 1670 kHz, is located 852.59 km away.[^31] Based on the
    information provided, we conclude that grant of the waiver will not
    result in cross-modulation or intermodulation interference to second
    or third adjacent AM broadcast stations.[^32]

9.  Based on the record before us, we also find that a grant of
    Arlington's request for a waiver would serve the public interest by
    enabling Arlington to expand its coverage area using TIS as part of
    its comprehensive emergency communications preparedness plan. In the
    immediate aftermath of the September 11, 2001 terrorist attacks,
    Arlington states that it was unable to communicate information to
    large numbers of people, "particularly those in the midst of the
    monumental traffic gridlock that occurred throughout the Washington
    metropolitan area."[^33] Arlington notes that the surrounding
    metropolitan area of Arlington County contains many potential "high
    profile" terrorist targets and that during a disaster or emergency,
    its bridges are integral to an evacuation of the nation's
    Capitol.[^34]

10. In granting Arlington's waiver request, we reiterate that TIS
    stations are licensed on a secondary, non-interference basis.[^35]
    Thus, Arlington must not cause interference to any broadcast
    station, and it also must accept interference from any broadcast
    station.[^36] We also emphasize that grant of the waiver request
    does not obviate Arlington's obligation to comply with Section
    90.242(a)(7) of the Commission's rules.[^37] Specifically, Arlington
    may use its TIS to broadcast only noncommercial voice information
    pertaining to traffic and road conditions, traffic hazard and travel
    advisories, directions, availability of lodging, rest stops and
    service stations, and descriptions of local points of interest.[^38]
    In this connection, we note that the Commission specifically
    "precludes an applicant from setting up a 'network,' or 'ribbon' of
    transmitting stations along a highway for the purpose of
    continuously attracting a motorist with what could be superfluous
    information."[^39]

11. Consistent with the *TIS Report and Order* and the rules adopted
    thereunder, we hereby grant Arlington's waiver request on the
    condition that Arlington operate its modified system at the ten-watt
    output power limit specified in Section 90.242(b)(4)(iii) and take
    all necessary precautions to prevent any undue encroachment of its
    TIS signal into Washington, D.C.[^40] In light of our decision to
    grant Arlington's waiver request, we also direct Arlington to
    withdraw its pending petition for reconsideration within ten days of
    the release date of this Order. Additionally, because Station Call
    Sign WQBY206 is licensed on the same frequency (1700 kHz) and at the
    same location as Fire Station #2 (Call Sign WQCR563), we also direct
    Arlington to submit Station Call Sign WQBY206 for cancellation
    within ten days of the release date of this Order*.*

# IV. CONCLUSION

12. In consideration of the facts before us and subject to the
    conditions herein, we grant the waiver request because Arlington has
    demonstrated that a waiver of Section 90.242(b)(4)(iv) is warranted
    under Section 1.925 of the Commission\'s rules. We also find that
    grant of the instant waiver request serves the public interest
    because it ensures that broadcast stations are protected, while
    providing Arlington the ability to provide pertinent information to
    the traveling public.

    **V. ORDERING CLAUSEs**

13. Accordingly, IT IS ORDERED, 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, that
    the Request for Waiver of Arlington County, Virginia, filed by the
    County of Arlington, Virginia, on November 26, 2006 IS GRANTED.

14. IT IS FURTHER ORDERED, that application FCC File No. 0002832293,
    filed November 29, 2006 by the County of Arlington, Virginia, SHALL
    BE PROCESSED in accordance with this Order and the Commission's
    rules.

15. IT IS FURTHER ORDERED, that the County of Arlington, Virginia shall
    withdraw its Petition for Reconsideration, filed on October 14,
    2005, within ten days of the release date of this Order.

16. IT IS FURTHER ORDERED, that Arlington shall submit its license for
    Station Call Sign WQBY206 for cancellation within ten days of the
    release date of this Order.

17. This action is taken under delegated authority pursuant to Sections
    0.191 and 0.392 of the Commission\'s rules, 47 C.F.R. §§ 0.191,
    0.392.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Dana Shaffer\
> Chief, Policy Division\
> Public Safety and Homeland Security Bureau

[^1]: 47 C.F.R. § 90.242(b)(4)(iv).

[^2]: *See* FCC File No. 0002832293 (filed Nov. 29, 2006) and
    accompanying waiver request of Arlington County, Virginia.

[^3]: *See* Arlington County, Virginia, Petition for Reconsideration
    (filed Oct. 14, 2005).

[^4]: Waiver Request at 1. "Fire Station #2" also is licensed under Call
    Sign WQCR563, as part of an existing five-site system, which is the
    subject of the instant Order.

[^5]: 47 C.F.R. §§ 90.242(b)(4)(iii), (iv).

[^6]: *See* File No. 0002108062, Waiver Request (filed May 31, 2005).
    Section 90.242(b)(4)(iii) limits TIS to ten watts output power. 47
    C.F.R. § 90.242(b)(4)(iii). Section 90.242(b)(4)(iv) provides that
    the field strength of the emission on the operating frequency shall
    not exceed 2 mV/m when measured with a standard field strength meter
    at a distance of 1.50 km. 47 C.F.R. § 90.242(b)(4)(iv).

[^7]: *See* Wireless Telecommunications Bureau Seeks Comment on Request
    for Waiver by the County of Arlington, Virginia, to Operate an AM
    Travelers' Information Station with a Power Level of 100 Watts,
    *Public Notice*, 20 FCC Rcd 12382 (WTB PSCID 2005). *See* Letter
    from Jacqueline Snelling and Jim Pebley, Arlington Citizen Corps, to
    Federal Communications Commission (dated Aug. 8, 2005); Letter from
    Mark A. Buchholz, Claremont Citizens Association, to Federal
    Communications Commission (dated Aug. 8, 2005); Letter from Patrick
    A. Smaldore Jr., Arlington County Civic Federation, to Federal
    Communications Commission (dated Aug. 5, 2005); Letter from Henry J.
    "Jack" Reed, Arlington Amateur Radio Club, to Federal Communications
    Commission (dated Aug. 5, 2005).

[^8]: *See* County of Arlington, Virginia, *Order*, 20 FCC Rcd 14785
    (WTB PSCID 2005) (*Order*). Pursuant to Commission reorganization
    effective September 25, 2006, the relevant duties of the Public
    Safety and Critical Infrastructure Division of the Wireless
    Telecommunication Bureau were assumed by the Policy Division of the
    Public Safety and Homeland Security Bureau. *See* Establishment of
    the Public Safety and Homeland Security Bureau, *Order*, 21 FCC Rcd
    10867 (2006).

[^9]: Waiver Request at 2.

[^10]: *Id.*

[^11]: *Id.*.

[^12]: *Id.*

[^13]: *Id.*

[^14]: *Id*. at 3.

[^15]: *Id.*

[^16]: *Id.* at 4.

[^17]: *Id.*

[^18]: 47 C.F.R. § 1.925(b)(3)(i).

[^19]: 47 C.F.R. § 1.925(b)(3)(ii).

[^20]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969),
    *aff'd*, 459 F.2d 1203 (D.C. Cir. 1972), *cert. denied*, 409 U.S.
    1027 (1972) (*citing Rio Grande Family Radio Fellowship, Inc. v.
    FCC*, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broadcasting
    Corporation, *Memorandum Opinion and Order,* 18 FCC Rcd 1414, 1415 ¶
    6 (2003).

[^21]: Amendment of Parts 2 and 89 of the Rules to Provide for the Use
    of Frequencies 530, 1606, and 1612 kHz by Stations in the Local
    Government Radio Services for the Transmission of Certain Kinds of
    Information to the Traveling Public, Docket No. 20509, *Report and
    Order*, 67 F.C.C.2d 917, 925 ¶ 27 (1977) (*TIS Report and Order*).

[^22]: *Id.*

[^23]: *Id.* at 926 ¶ 31.

[^24]: *Id.* at 924 ¶ 25.

[^25]: Waiver Request at 9-15.

[^26]: *See* 47 C.F.R. § 90.242(a)(2)(i).

[^27]: *Id*.

[^28]: Waiver Request at 11.

[^29]: *Id.* at 11. The Commission's licensing records indicate that the
    station at Huntsville, Alabama, operating on frequency 1700 kHz, is
    assigned Call Sign WEUP, not WEUV, as referenced by Arlington.

[^30]: *See* 47 C.F.R. § 90.242(a)(2)(ii).

[^31]: Waiver Request at 11. The Commission's licensing records indicate
    that the station at Dry Branch, Georgia operating on frequency 1670
    kHz changed its call sign to WVVM.

[^32]: We also note Arlington satisfies the requirement of Section
    90.242(a)(2)(iii) of the Commission's rules by providing a map
    showing the geographical location of the transmitter site and an
    estimate of the signal strength at the contour of the desired
    coverage area. *See* Waiver Request at 15; 47 C.F.R.
    §90.242(a)(2)(iii). Arlington also satisfies the requirements of
    Section 90.242(a)(2)(iv) by providing technical details about the
    proposed transmitter site both in the waiver request and on the
    application. *See* Waiver Request at 10-11; FCC File No. 0002832293;
    47 C.F.R. §90.242(a)(2)(iv). Additionally, we believe that grant of
    the waiver request would not result in interference to co-channel
    TIS stations. Section 90.242(b)(5) of the Commission's rules sets
    forth minimum separation distances between co-channel TIS stations
    operating under different licenses, the largest of which is 15.0 km
    in situations where both stations are using conventional antennas.
    47 C.F.R. §90.242(b)(5). Arlington notes that its proposed site
    would be located 27.7 km from co-channel TIS Station WQFB923, Howard
    County, Maryland Office of Emergency Management, thus meeting the
    distance separation requirement. Waiver Request at 10.

[^33]: Waiver Request at 16, Exhibit C.

[^34]: *Id.* at 17, Exhibit C. Arlington notes that the Virginia side of
    all five bridges directly connecting from the District of Columbia
    are located in Arlington. *Id.*

[^35]: 47 C.F.R. § 90.242(a)(3).

[^36]: *See* *id.;* 47 C.F.R. § 90.7. Further, the Commission's rules
    provide that a TIS authorization may be suspended, modified or
    withdrawn by the Commission, without prior notice of right to a
    hearing "if necessary to resolve interference conflicts." *TIS
    Report and Order*, 67 F.C.C.2d at 924 ¶ 25; 47 C.F.R. §
    90.242(a)(4).

[^37]: 47 C.F.R. § 90.242(a)(7).

[^38]: *Id*.

[^39]: *TIS Report and Order*, 67 F.C.C.2d at 923-24 ¶ 23.

[^40]: *Id.* at 928 ¶ 37 (stating that "to more effectively share the
    limited radio frequency spectrum allocated for this service with all
    jurisdictions having such requirements, we strongly urge that the
    coverage area to be served by each TIS be confined to the licensee's
    area of jurisdiction.").