Federal Communications Commission DA 07-424  
 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
 
 
In the Matter of 
 
COUNTY OF ARLINGTON, VIRGINIA 
 
Application for New License and Application to 
Modify Station WNTK494 in Arlington, VA 
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File Nos. 0002465045; 0002464977 
 
ORDER 
 
Adopted:  January 30, 2007 Released:  January 31, 2007 
 
By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: 
 
I. INTRODUCTION  
1. We have before us two applications and associated waiver requests filed by the County of 
Arlington, Virginia (Arlington).
1
  Arlington seeks a waiver of Section 1.924(e)(3) of the Commission’s 
Rules
2
 in order to operate new 18 GHz microwave paths within the Washington, DC exclusion zone.
3
  For 
the reasons discussed below, we grant the waiver request.       
II. BACKGROUND 
2. Arlington is in the process of upgrading its county-wide 800 MHz Private Land Mobile 
Radio system.
4
  The existing four-site 800 MHz system is connected via 18 GHz digital microwave and 
has been licensed since 1990.
5
  In upgrading its 800 MHz radio system, Arlington seeks to modify its 
existing Ritz-Carlton site by installing a new 18 GHz path and adding a frequency to an existing 18 GHz 
path.
6
  Arlington also intends to install two 18 GHz paths at a new site located at the Anser Building 
(Anser) in Arlington, VA.
7
  The Ritz-Carlton and Anser sites are located within the restricted “Quiet 
Zone” described in Section 1.924(e)(3) of the Commission’s Rules.
8
   
3. Arlington seeks a waiver because Section 1.924(e)(3) of the Commission’s Rules states 
that no applicant seeking authority to operate a microwave facility in the 18 GHz band will be accepted 
                                                      
1
 FCC File Nos. 0002464977, 0002465045 and accompanying waiver request (filed January 27, 2006) (Waiver 
Request).  
2
 47 C.F.R. § 1.924(e)(3).  
3
 See generally Waiver Request. 
4
 See Letter from Lisa Thompson, Radio Systems Manager, Arlington County, to Mr. Badri Younes, OSD-NII 
(May 3, 2006) (Thompson Letter).   
5
 Id. at 1. 
6
 See generally Waiver Request.   
7
 Id.   
8
 Id. citing  47 C.F.R. § 1.924(e)(3).   
 Federal Communications Commission DA 07-424   
 
 
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for filing if the proposed station operates within 20 kilometers of the geographic area specified in the 
rule.
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III. DISCUSSION 
4. 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;
10
 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.
11
  An 
applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and 
circumstances that warrant a waiver.
12
  We conclude that Arlington has shown that its request should be 
granted under the first prong of the waiver standard. 
5. The underlying purpose of Section 1.924(e)(3) of the Commission’s Rules is to create a 
quiet zone for fixed microwave operations in the 18 GHz band in and around Washington, D.C. to protect 
sensitive Government satellite earth stations operating in the Washington D.C. area.
13
  Arlington contends 
that adding 18 GHz paths at the existing Ritz-Carlton site and proposed Anser site will present no 
interference issues.
14
  Arlington notes that the existing Ritz-Carlton site, which is located 18.2 kilometers 
from the center of the “Quiet Zone,” has to date presented no interference issues.
15
  In addition, Arlington 
notes that the proposed Anser site—at 19.7 kilometers is further away from the center of the “Quiet Zone” 
than the Ritz-Carlton site (18.2 kilometers) and will therefore be even less likely to present interference 
issues.
16
  Arlington also contends that there are no alternative frequency bands available to it.  Alternative 
frequency bands, such as, the 23 GHz band, are not reliable for the required distances, and are susceptible 
to rain outages.
17
  Arlington also states that the 11 GHz band would require larger dishes, and as an urban 
entity operating on existing buildings, this would be impracticable.
18
  
6. Moreover, we have coordinated the subject applications with the Interdepartment Radio 
Advisory Committee (IRAC) of the National Telecommunications and Information Administration 
(NTIA).  IRAC has determined that the proposed 18 GHz transmitters would present no interference 
issues.  Under such circumstances, the Commission has determined that application of Section 1.924(e) of 
                                                      
9
 47 C.F.R. § 1.924(e)(3). 
10
 47 C.F.R. § 1.925(b)(3)(i). 
11
 47 C.F.R. § 1.925(b)(3)(ii). 
12
 WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio), aff’d, 459 F.2d 1203 (1973), 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 Broad. Corp., Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 (2003). 
13
 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 from non-Government operations).    
14
 See Thompson Letter at 2. 
15
 Id. 
16
 Id. 
17
 Id. at 1. 
18
 Id. 
 Federal Communications Commission DA 07-424   
 
 
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the Commission’s Rules
19
 is unnecessary to ensure protection of Government satellite earth stations from 
harmful interference from non-Government operations.
20
   
7. Lastly, we find that the public interest would be served by granting Arlington a waiver of 
Section 1.924(e)(3) of the Commission’s Rules.
21
  We believe that Arlington’s filings demonstrate that 
access to additional microwave paths is needed in order to promote effective public safety 
communications.  We agree with Arlington that grant of the application and waiver request would be in 
the public interest as it will allow Arlington to improve and upgrade its public safety radio system.
22
  
Arlington is the primary first responder to the Pentagon, Henderson Hall and numerous Department of 
Defense installations in the County, and serves as the secondary Fire/EMS responder to Ft. Myer and 
Washington Reagan National Airport.
23
  The licenses will be used by Arlington to preserve and promote 
critical communications that protect the safety of life, health, and property.
24
  We therefore find that 
granting the application is consistent with the public interest. 
IV. ORDERING CLAUSES 
8. 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 
Waiver Requests filed by the County of Arlington with respect to applications FCC File No. 0002465045 
and 0002464977 ARE GRANTED as noted herein. 
9. IT IS FURTHER ORDERED that the Policy Division of the Public Safety and Homeland 
Security Bureau SHALL PROCESS application FCC File Nos. 0002465045 and 0002464977 in 
accordance with this Order and the Commission’s rules. 
10. 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 
 
 
 
 
      Michael J. Wilhelm 
      Deputy Chief, Policy Division 
Public Safety and Homeland Security Bureau 
                                                      
19
 47 C.F.R. § 1.924(e). 
20
 See WGN Continental Broadcasting Company, Memorandum Opinion and Order, DA 06-2530, 21 FCC Rcd 
14503 (WTB 2006). 
21
 47 C.F.R. § 1.924(e)(3).   
22
 See Waiver Request.  
23
 Thompson Letter at 2. 
24
 See Waiver Request.  Section 1 of the Act defines one of the Commission’s over-arching purposes as 
“promoting safety of life and property through the use of … radio communication.”  47 U.S.C. § 151.