Federal Communications Commission DA 06-2572 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
BRIDGEWATER FIRE DISTRICT #2
Request for Waiver of Section 90.305(a)
of the Commission’s Rules
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FCC File No. 0002482609
ORDER
Adopted:  December 21, 2006 Released:  December 21, 2006
By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau:
I. INTRODUCTION
1. We have before us an application filed by the Bridgewater Fire District #2 (Bridgewater) 
to operate a Public Safety Pool Station in the 470-512 MHz band in Bridgewater, New Jersey.1  
Bridgewater requests a waiver of Section 90.305(a) of the Commission’s rules2 to permit it to operate a 
new base station in Bridgewater, New Jersey, a location more than fifty miles from the geographic center 
of the Philadelphia, Pennsylvania urbanized area.3 For the reasons set forth below, we grant 
Bridgewater’s waiver request.  
II. BACKGROUND
2. Pursuant to Section 90.305(a) of the Commission’s rules, base stations operating in the 
470-512 MHz band must be located within fifty miles of the geographic center of an urbanized area listed 
in Section 90.303 of the Commission’s rules.4 This mileage restriction was established to protect over-
the-air broadcast operations on television (TV) channels 14-20 from harmful interference by land mobile 
radio systems operating in the 470-512 MHz band.5  On February 14, 2006, Bridgewater filed an 
application to operate a new Public Safety Pool base station in Bridgewater, New Jersey.6 Bridgewater’s 
proposed station would operate on TV Channel 19 in the Philadelphia, Pennsylvania urbanized area.7  
Because the proposed base station would be more than fifty miles from the geographic center of 
Philadelphia, Pennsylvania, Bridgewater requests a waiver of Section 90.305(a) of the Commission’s 
rules.8  
  
1 FCC File No. 0002482609 (filed Feb. 14, 2006; amended June 30, 2006).
2 47 C.F.R. § 90.305(a).
3 Request for Waiver, filed Feb. 14, 2006 (Waiver Request).
4 47 C.F.R. §§ 90.305(a), 90.303.
5 See Geographic Reallocation of UHF-TV Channels 14 Through 20 to the Land Mobile Radio Services for Use 
Within the 25 Largest Urbanized Areas of the United States, Gen. Docket No. 18261, First Report and Order, 23 
FCC 2d 325, 347 ¶¶ 42-43 (1970) (Reallocation R&O).
6 See FCC File No. 0002482609.
7 Id.
8 See Waiver Request at 2.  
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III. DISCUSSION
3. We may grant a request for rule waiver when (i) the underlying purpose of the rule would 
not be served or would be frustrated by application to the instant case, and a grant of the requested waiver 
would be in the public interest; or (ii) in view of the unique or unusual circumstances of the case, 
application of the rule would be inequitable, unduly burdensome or contrary to the public interest, or the 
applicant has no reasonable alternative.9  We conclude that Bridgewater has made a sufficient showing to 
warrant grant of the requested waiver under the first prong of the waiver standard set forth in Section 
1.925(b)(3) of the Commission’s rules.10
4. The purpose of the fifty-mile limitation is to ensure that television stations and land 
mobile stations do not interfere with one another.11  Sections 90.305(a) and (b) of the Commission’s rules 
provide that private land mobile radio (PLMR) base stations operating in the 470-512 MHz band may be 
located only within fifty miles of the geographic centers of certain cities listed in Section 90.303, and 
associated mobile units shall operate within thirty miles of the base station, thus creating a circular area 
with a radius of eighty miles (eighty-mile area) where PLMR stations may operate without interference 
from television stations.12  The rules also specify effective radiated power and antenna height limits to 
ensure that PLMR stations will not interfere with existing full-power television stations.13
5. We have performed our own engineering analysis to determine whether Bridgewater’s 
proposed operation would likely cause interference to protected, full-service TV facilities.  Our analysis 
concludes that the proposed Bridgewater base station will satisfy the effective radiated power and antenna 
height limits specified in Sections 90.307 and 90.309 of the Commission’s rules.14 Thus, Bridgewater’s 
proposed base station satisfies the Commission’s protection criteria with respect to full service co-channel 
and adjacent-channel TV stations. 
6. In addition, Bridgewater indicates that its area of operation of mobile units extends five 
miles from the proposed base station.15 Given that the proposed base station is to be located 53.2 miles 
from the geographic center of Philadelphia, Pennsylvania, the radius of the circular area where the 
mobiles will operate will not extend beyond 58.2 miles from the associated Philadelphia, Pennsylvania 
coordinates.  Although the base station would be located beyond the fifty-mile limit, the proposed area of 
mobile operations would remain within the eighty-mile area where land mobile operations are primary.  
7. The Commission has stated that it is more inclined to consider favorably requests for 
waiver of Section 90.305(a) when the applicant proposes to contain its area of operations within eighty 
miles of the geographic center of the urban area in question because that operation likely would not have 
an adverse impact on television stations and because television stations are required to protect PLMR 
operations within this eighty mile area.16  Here, because Bridgewater’s proposed base station and 
associated mobiles would be contained within eighty miles of the geographic center of the Philadelphia, 
  
9 47 C.F.R. § 1.925(b)(3).
10 Id.
11 See Reallocation R&O, supra note 5.
12 47 C.F.R. §§ 90.305(a), (b).
13 See 47 C.F.R. §§ 90.307, 90.309.
14 Id.
15 See FCC File No. 0002482609.    
16 See Goosetown Enterps., Inc., Memorandum Opinion and Order, 16 FCC Rcd 12792, 12797 ¶ 13 (2001). 
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Pennsylvania urban area, we conclude that Bridgewater’s proposed base and mobile operations would 
fully protect all television stations that are entitled to protection.  
IV. CONCLUSION
8. For the reasons stated herein, we find that a grant of Bridgewater’s waiver request is 
warranted because the underlying purpose of Section 90.305(a) would not be served by application to this 
case.
V. ORDERING CLAUSE
9. 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, 
the Request for Waiver filed by Bridgewater Fire District #2, on February 14, 2006, IS GRANTED as set 
forth above.  
10. IT IS FURTHER ORDERED that application FCC File No. 0002482609 SHALL BE 
PROCESSED consistent with this Order and the Commission’s rules.  
11. 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
Jeffrey S. Cohen 
Deputy Chief, Policy Division
Public Safety and Homeland Security Bureau