DA 05-2033

Released: July 18, 2005

**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**

**Comment Date:** August 8, 2005 **Reply Comment Date:** August 18, 2005

On May 31, 2005, the County of Arlington, Virginia (Arlington) filed an
application to modify its license for Travelers' Information Station
(TIS) WQBY206, Arlington, Virginia, to increase the transmitter output
power on frequency 1700 kHz from ten watts to one hundred watts.[^1]
Section 90.242(b)(4)(iii) of the Commission's Rules limits TIS output
power to ten watts.[^2] Consequently, Arlington filed a waiver request
in conjunction with the modification application.

A TIS is used to transmit non-commercial voice information pertaining to
traffic and road conditions; traffic hazard and traveler advisories;
directions; availability of lodging, rest stops, and service stations;
and descriptions of local points of interest. Arlington currently is
authorized to operate five TIS transmitters.[^3] It seeks instead to
provide coverage to the entire county from a single, higher-powered
transmitter, which it states would be more reliable and efficient, and
provide more uniform coverage throughout the entire jurisdiction.[^4] It
argues that this would improve homeland security in the county, which is
the home to numerous "high-priority terror target\[s\]" (including the
Pentagon and Ronald Reagan Washington National Airport), by improving
Arlington's ability to communicate with the public in the event of an
emergency.[^5] Arlington also states that its proposed operations would
not cause interference to any existing commercial AM radio station or
other TIS station.[^6]

Section 1.925 of the Commission's Rules provides that a waiver of the
Commission's Rules may be granted if it is shown that 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 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 if the applicant has no reasonable alternative.[^7]

Interested parties may file comments on the waiver request on or before
August 8, 2005. Parties interested in submitting reply comments must do
so on or before August 18, 2005.[^8] All comments should reference the
subject request including the DA number of this Public Notice, and
should be filed with the Office of the Secretary, Federal Communications
Commission, 445 Twelfth Street, S.W., TW-325, Washington, D.C.
20554.[^9]

The application and waiver request can be accessed electronically via
the Commission's Universal Licensing System,
<http://wireless.fcc.gov/uls>. In addition, the full text of the waiver
requests and responsive comments and reply comments filed pursuant to
this Public Notice will be available for inspection and duplication
during regular business hours in the Reference Information Center (RIC)
of the Consumer and Governmental Affairs Bureau, Federal Communications
Commission, 445 Twelfth Street, S.W., Room CY-A257, Washington, D.C.
20554. Copies may also be obtained from the Commission's duplicating
contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 Twelfth
Street, S.W., Room CY-B402, Washington, D.C. 20554. Customers may
contact BCPI through its web site,
[http://www.bcpiweb.com](http://www.bcpiweb.com/), by email at
<fcc@bcpiweb.com>, by telephone at (202) 488-5300 or (800) 378-3160, or
by facsimile at (202) 488-5563. For further information regarding the
public reference file for this request, contact Maria Ringold, Chief,
Wireless Branch, RIC, (202) 418-1355.

Because of the policy implications and potential impact of this
proceeding on persons not parties to this request, we believe it would
be in the public interest to treat this matter as a permit-but-disclose
proceeding under the *ex parte* rules, *see* Sections 1.1200(a) and
1.1206 of the Commission's Rules, 47 C.F.R. §§ 1.1200(a), 1.1206, rather
than a restricted proceeding under Section 1.1208 of the Commission's
Rules, 47 C.F.R. § 1.1208. Therefore, any *ex parte* presentations that
are made with respect to the issues involved in the subject request,
subsequent to the release of this Public Notice, will be allowed but
must be disclosed in accordance with the requirements of Section
1.1206(b) of the Commission's Rules, 47 C.F.R. § 1.1206(b).

For further information, contact Mr. Scot Stone, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau at
(202) 418-0687, TTY (202) 418-7233 or via email to scot.stone@fcc.gov.

By the Deputy Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau.

-FCC-

[^1]: *See* FCC File No. 0002108062, Waiver Request.

[^2]: *See* 47 C.F.R. § 90.242(b)(4)(iii).

[^3]: *See* licenses for Stations WQBY206 and WQCR563.

[^4]: *See* Waiver Request at 5-6.

[^5]: *Id.* at 3-4.

[^6]: *Id.* at 2.

[^7]: *See* 47 C.F.R. § 1.925.

[^8]: On June 22, 2005, the Wireless Telecommunications Bureau (Bureau)
    issued a general Public Notice announcing the filing of the
    applications. *See* Public Notice Rep. No. 2186 (WTB rel. June 22,
    2005). Comments filed pursuant to the Bureau's June 22, 2005 Public
    Notice will be considered along with comments filed pursuant to this
    Public Notice.

[^9]: This address for FCC filings should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission's Secretary are accepted only at 236
    Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other
    messenger-delivered documents, including documents sent by overnight
    mail (other than United States Postal Service Express Mail and
    Priority Mail) should be addressed for delivery to 9300 East Hampton
    Drive, Capitol Heights, MD 20743. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, 16 FCC Rcd 22165 (2001).