**Before the**

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) | File No. 0003163756          |
|                                  |   |                              |
| HOWARD COUNTY, MARYLAND          | ) |                              |
|                                  |   |                              |
| Application for Modification of  | ) |                              |
| Travelers' Information Station   |   |                              |
| WQCR505, Howard County,          | ) |                              |
| Maryland, and Request for Waiver |   |                              |
| of Section 90.242 of the         | ) |                              |
| Commission's Rules               |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

Order

**Adopted: February 13, 2009 Released: February 13, 2009**

By the Chief, Policy Division, Public Safety and Homeland Security
Bureau:

# introduction

1.  Howard County, Maryland (the County) filed an application and
    request for waiver[^1] of Section 90.242(b)(4)(iv) of the
    Commission's rules[^2] seeking to modify its license for Call Sign
    WQCR505, a Travelers' Information Station ("TIS"), by adding two
    additional sites.[^3] For the reasons stated herein, we
    conditionally grant the request.

# background

2.  The County explains that it has over 270,000 residents and is
    located between Baltimore, Maryland and Washington, DC.[^4] As
    presently licensed, the County utilizes a single transmitting site
    at the Clarksville, MD fire station. According to the County, it
    "originally planned to provide coverage for key travel areas
    throughout most of the County using eight TIS sites."[^5] However,
    the County states that testing of its antenna system at the
    Clarksville Fire Station "demonstrated much greater coverage at ten
    watts than anticipated."[^6] The County, therefore, "believes that
    it can achieve its objective of almost county-wide coverage for
    \[its TIS\] network from only three synchronized transmitter
    sites."[^7]

3.  The County seeks to amend its existing TIS license to add two sites:
    an eastern site at Rockburn Branch Park, and a western site in
    Cooksville.[^8] Because of the efficiency of the antenna systems
    proposed at the three sites, the County claims that "each of these
    transmitter sites could provide coverage to an area of more than 4
    times that of a typical TIS station at a minimum signal of 2 mV/m
    without exceeding 10 watts."[^9] The County also states that
    "\[k\]ey travel areas representing more than 15% of the total County
    area could be covered with a signal level of at least 2 mV/m."[^10]
    Thus, according to the County, a waiver "would allow the County to
    install three transmitters at sites that are readily accessible and
    that provide a reliable system with minimal transmission gaps
    between sites, without causing interference to commercial AM or TIS
    stations."[^11]

4.  In connection with this application, the County requests waiver of
    Section 90.242(b)(4)(iv) pursuant to Section 1.925 of the
    Commission's rules.[^12] Section 90.242(b)(4)(iv) specifies that the
    field strength of TIS stations may not exceed 2 mV/m when measured
    with a standard field strength meter at a distance of 1.50
    kilometers (0.93 miles) from the transmitting antenna system.[^13]
    Because the County's testing indicates that "the 2 mV/m contour will
    extend approximately 3 km from each transmitter sites \[sic\]," it
    acknowledges that waiver of this rule is required.[^14]

5.  On June 4, 2008, the Public Safety and Homeland Security Bureau
    placed the County's application and request for waiver on public
    notice.[^15] We received no comments. On October 14, 2008, the
    County filed an amendment to provide further narrative on how the
    three-site system would be used.[^16]

# discussion

6.  To obtain a waiver of the Commission's rules in accordance with
    Section 1.925 of the 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;[^17] 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, or the applicant has
    no reasonable alternative.[^18] An applicant seeking a waiver faces
    a high hurdle and must plead with particularity the facts and
    circumstances that warrant a waiver.[^19] Based on the information
    before us, we are persuaded that the County has demonstrated that
    waiver of Section 90.242(b)(4)(iv) is warranted.

7.  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."[^20] In limiting the TIS coverage zone, the
    Commission primarily was motivated to minimize the potential for TIS
    to cause interference to broadcast stations.[^21] 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.[^22]
    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."[^23]

8.  In support of its request for waiver, the County asserts that the
    underlying purpose of Section 90.242(b)(4)(iv) would not be served
    if the rule were applied to its situation. Specifically, the County
    states that "TIS stations were not meant to duplicate commercial
    offerings \[by broadcast stations\]. On the other hand, the
    noncommercial need was clear enough."[^24] In this regard, the
    County argues that the noncommercial purpose of the rule would be
    frustrated if, in the absence of waiver relief, the specified 2mV/m
    contour were confined to 1.5 kilometers around eight transmitters,
    covering less than ten percent of the county.[^25] The County states
    that "\[i\]t makes more sense to encourage the use of an efficient
    three-transmitter system that can do the job of more than eight
    without exceeding the 10 watt power limitation or increasing the
    risk of interference to other stations."[^26]

9.  In determining whether the underlying purpose of the rule would not
    be served by application to the instant case, we now examine whether
    the County's proposed operations would protect other stations from
    harmful interference. 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).[^27] Specifically, the proposed station must be
    located at least 15 kilometers (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 kilometers (80.6 miles) for
    broadcast stations operating on a co-channel basis.[^28] The County
    provided an engineering analysis indicating that its closest TIS
    station would be located 31 kilometers from the 0.5 mV/m service
    contour of first adjacent channel Station WPTX, Lexington Park,
    Maryland, operating on frequency 1690 kHz.[^29] The County also
    states that its operations would not interfere with the 0.5 mV/m
    service contour of the nearest co-channel station, Station WEUV,
    Huntsville, Alabama, operating on frequency 1700 kHz, which is
    located 992.85 kilometers away.[^30] Based on the facts before us,
    we conclude that the County has satisfied the requisite separation
    distance requirements of Section 90.242(a)(2)(i). After reviewing
    its engineering analysis, we find that the County has demonstrated
    that its proposal would protect broadcast operations from potential
    harmful interference, consistent with the underlying purpose of
    Section 90.242(b)(4)(iv). Therefore, we find that the underlying
    purpose of the rule would not be served or would be frustrated by
    application to the present case.

10. The County also states that grant of its request would be consistent
    with the public interest by enabling its TIS stations to cover major
    commuter and evacuation routes in the County.[^31] The County states
    that the TIS stations would provide useful information on a daily
    basis to commuters and the traveling public.[^32] The County
    maintains that unique or unusual circumstances support waiver relief
    because of its proximity to potential terrorist targets in
    Washington, D.C. and Fort Meade, Maryland.[^33] Therefore, the
    County expresses a "potential need for reliable and far-reaching TIS
    communications with residents, commuters and public safety and
    health/medical workers in the event of an emergency."[^34] Based on
    the record before us, we find that a grant of the County's request
    for waiver would serve the public interest.

11. Consistent with the *TIS Report and Order*, we grant the County's
    waiver request. In doing so, we reiterate that TIS stations are
    licensed on a secondary, non-interference basis.[^35] Thus, the
    County may 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 the
    County's obligation to comply with the operational and other
    restrictions imposed by Section 90.242(a)(7).[^37] That is, the
    County 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]

12. In consideration of the facts before us, we grant the waiver request
    because the County has demonstrated that waiver of Section
    90.242(b)(4)(iv) is warranted pursuant to Section 1.925. We also
    find that grant of the waiver request serves the public interest
    because it ensures that broadcast stations are protected, while
    providing the County the ability to provide pertinent information to
    the traveling public.

# 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 Howard County, Maryland, filed on September 6,
    2007 IS GRANTED.

14. IT IS FURTHER ORDERED, that application File No. 0003163756, filed
    September 6, 2007 by Howard County, Maryland, as amended, SHALL BE
    PROCESSED in accordance with this Order and the Commission's rules.

15. 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
>
> Thomas J. Beers\
> Chief, Policy Division\
> Public Safety and Homeland Security Bureau

[^1]: *See* File No. 0003163756, and accompanying Waiver Request of
    Howard County, Maryland (filed Sept. 6, 2007; amended May 13, 2008)
    (Waiver Request).

[^2]: 47 C.F.R. § 90.242(b)(4)(iv) (limiting field strength of
    Travelers' Information Stations).

[^3]: Public safety licensees may use TIS frequencies in the AM
    broadcast band (530-1700 kHz) to transmit "only noncommercial voice
    information pertaining to traffic and road conditions, traffic
    hazards and travel advisories, directions, availability of lodging,
    rest stops and service stations, and descriptions of local points of
    interest." 47 C.F.R. § 90.242(a)(7).

[^4]: Waiver Request at 2.

[^5]: *Id*. at 1.

[^6]: *Id*. at 2. Stations employing a conventional radiating antenna
    may "not exceed 10 watts" transmitter RF output power to enable the
    user to comply with the specified field strength. 47 C.F.R. §
    90.242(b)(4)(iii).

[^7]: Waiver Request at 1.

[^8]: *Id*. Previously, the County held authorizations for eight
    transmitter sites under the license for Station WQCR505, and an
    additional TIS license, Station WQCR506. The County relinquished all
    but the Clarksville Fire Station site. *Id.* Station WQCR506 is no
    longer active.

[^9]: *Id.* at 3.

[^10]: *Id.* at 3-4.

[^11]: *Id.*

[^12]: 47 C.F.R. § 1.925.

[^13]: 47 C.F.R. § 90.242(b)(4)(iv).

[^14]: Waiver Request at 2.

[^15]: Public Safety and Homeland Security Bureau Seeks Comment on
    Request for Waiver by Howard County, Maryland to Modify its
    Travelers' Information Station License, *Public Notice*, 23 FCC Rcd
    8675 (PSHSB 2008).

[^16]: *See* File No. 0003163756, attached Letter from Ryan A. Miller,
    Captain, Deputy Director of Emergency Management, Howard County,
    Maryland, to Mr. Thomas J. Beers, Federal Communications Commission
    (dated Oct. 14, 2008).

[^17]: 47 C.F.R. § 1.925(b)(3)(i).

[^18]: 47 C.F.R. § 1.925(b)(3)(ii).

[^19]: *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).

[^20]: 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, *Report and Order*, 67 FCC.2d
    917, 925 ¶ 27 (1977) (*TIS Report and Order*).

[^21]: *Id*. at 924 ¶ 25.

[^22]: *Id.* at 926 ¶ 31.

[^23]: *Id.* at 924 ¶ 25.

[^24]: Waiver Request at 4-5 & n.9 citing *TIS Report and Order*, 67
    FCC.2d at 918-919 ¶¶ 6-8.

[^25]: Waiver Request at 4.

[^26]: *Id*. at 5.

[^27]: 47 C.F.R. § 90.242(a)(2)(i). At this juncture, we note that the
    County's application satisfies the additional general filing
    requirements for each application for TIS as specified by Section
    90.242(a)(2). Specifically, the County satisfies Section
    90.242(a)(2)(iii) 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 18; 47 C.F.R. § 90.242(a)(2)(iii). The County also
    satisfies Section 90.242(a)(2)(iv) by providing technical details
    about the proposed transmitter sites. *See* Waiver Request at 11-12
    and File No. 0003163756 Schedule H; 47 C.F.R. § 90.242(a)(2)(iv).
    Additionally, the County satisfies Section 90.242(b)(5) by verifying
    that its sites are located at least 15.0 kilometers from co-channel
    TIS stations operating under different licenses. 47 C.F.R. §
    90.242(b)(5). In this regard, the County notes that its proposed
    sites would be located 39.7 kilometers from co-channel TIS Station
    WQCR563, Arlington County, Virginia. *See* Waiver Request at 11.
    Finally, the County satisfies Section 90.242(a)(2)(ii), which
    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. 47 C.F.R. § 90.242(a)(2)(ii). In this
    regard, the County states that "\[w\]e do not find any potential for
    any cross-modulation and/or intermodulation interference to
    broadcast second and third adjacent channel stations." File No.
    0003163756, Amendment to Waiver Request, Engineering Certification,
    dated May 13, 2008.

[^28]: 47 C.F.R. § 90.242(a)(2)(i).

[^29]: Waiver Request at 11, Exhibit B.

[^30]: *Id.* at 12.

[^31]: Waiver Request at 5.

[^32]: *Id*. at 2-3, 5-6, and 20, Exhibit D.

[^33]: *Id.* at 5-6.

[^34]: *Id*. at 6.

[^35]: 47 C.F.R. § 90.242(a)(3).

[^36]: *Id*. 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." 47 C.F.R. § 90.242(a)(4); *TIS
    Report and Order*, 67 FCC.2d at 924 ¶ 24.

[^37]: 47 C.F.R. § 90.242(a)(7).

[^38]: *Id*.; *TIS Report and Order*, 67 FCC.2d at 923-24 ¶ 23.

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