Federal Communications Commission DA 07-952 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
COUNTY OF ARLINGTON, VIRGINIA
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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File Nos. 0002108062, 0002832293
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 rules1 (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 rules5 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 
  
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).
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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
  
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.
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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 
  
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.
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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 
  
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).
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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.  
  
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.”).
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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