Federal Communications Commission
Washington, D.C. 20554
November 13, 2008
DA 08-2507
 
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Mr. Darrell Buchbinder
General Counsel
Port Authority of New York and New Jersey
225 Park Avenue South, 15th Floor
New York, New York 10003
Re: In the Matter of the Port Authority of New York and New Jersey
Request for Waiver of Sections 90.157 and 101.65(b) of the Commission’s Rules
Dear Mr. Buchbinder:
On behalf of the Port Authority of New York and New Jersey (Port Authority), you filed a 
request for waiver1 of Sections 90.157 and 101.65(b) of the Commission’s rules,2 seeking a one-year 
extension to construct the stations listed in the attachment to this letter (collectively, World Trade Center 
Stations).3 For the reasons stated below, we grant, nunc pro tunc, the request for extension of waiver, 
until September 10, 2009.  Accordingly, the Port Authority will have until no later than September 10, 
2009, to construct and return the World Trade Center Stations to operational status without forfeiting the 
licenses for permanent discontinuance of operation, pursuant to Sections 90.157 and 101.65(b).4
  
1 Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission’s Rules (dated Sept. 11, 
2008) (Waiver Request).
2 47 C.F.R. §§ 90.157, 101.65(b).  Pursuant to Sections 90.157 and 101.65(b), any station which has not been 
operated for one year or more is considered to have been permanently discontinued and is therefore subject to 
cancellation.  Id.
3 In five prior instances, the former Public Safety and Private Wireless Division of the Wireless Telecommunications 
Bureau, the former Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau, 
or the Policy Division of the Public Safety Homeland Security Bureau (collectively, Division) granted similar Port 
Authority requests for waiver.  See Port Authority of New York and New Jersey, Order, 17 FCC Rcd 16784 (WTB 
PSPWD 2002) (2002 Order); Port Authority of New York and New Jersey, Order, 18 FCC Rcd 19243 (WTB 
PSPWD 2003); Letter dated Nov. 10, 2004 from Michael J. Wilhelm, Chief, Public Safety and Critical Infrastructure 
Division, to Jeffrey S. Green, Esq., General Counsel, Port Authority of New York and New Jersey;  Letter dated 
Aug. 10, 2006 from Michael J. Wilhelm, Chief, Public Safety and Critical Infrastructure Division, to Darrell 
Buchbinder, General Counsel, Port Authority of New York and New Jersey (2006 Letter); and Port Authority of 
New York and New Jersey, Letter Order, 23 FCC Rcd 1753 (PSHSB PD 2008) (February 2008 Letter Order).  In 
each instance, the Division granted the Port Authority an additional one-year period to complete construction of its 
World Trade Center Stations.  
4 The grant of this Waiver Request does not relieve the Port Authority from applying for a renewal of license for any 
World Trade Center Station listed in the attachment prior to the expiration date of the license.  See 47 C.F.R.            
§ 1.949(a).  Moreover, any renewal application submitted for a World Trade Center Station subject to grant of this 
Waiver Request will be held in pending status until the extended construction period granted herein is expired.  See 
County of Beaver, Memorandum Opinion and Order, 18 FCC Rcd 18754, 18758 ¶ 13 (WTB PSPWD 2003) 
2
Consistent with the Commission’s rules, the waiver request demonstrates that discontinuance of 
operations of the World Trade Center Stations was the result of unique and unusual circumstances, 
namely, the terrorist attacks of September 11, 2001.5 Moreover, given the fact that the World Trade 
Center Stations will continue to serve an integral role in the extensive network of transportation, terminal, 
and commercial facilities throughout the New York metropolitan area, especially for public safety 
communications, we find that grant of the waiver request is in the public interest.6
Additionally, the Port Authority demonstrates not only that it will continue to require use of the 
World Trade Center Stations, but also that it continues to proceed diligently to reconstitute its destroyed 
radiocommunication facilities located at the World Trade Center.7 The remaining facilities for which the 
instant waiver extension is necessary concern Part 90 stations that the Port Authority plans to restore to 
operation pending reconstruction of the World Trade Center site, and Part 101 stations that have not been 
restored because of difficulties in finding a suitable site.8 In light of these showings, we believe that grant 
of the waiver request is warranted.
In the 2002 Order, we concluded that a fixed waiver term was appropriate to “avoid any 
ambiguity concerning the status of the licenses and to allow relicensing of any spectrum that the Port 
Authority may later decide is not necessary for its future operations.”9 In the February 2008 Letter Order 
we again concluded that, in balancing the Port Authority’s continued need for additional time to bring 
facilities back into operation and the need of other public safety entities for spectrum, a further extension 
of the waiver originally granted in the 2002 Order, until September 10, 2008, was in the public interest.10  
Similarly, we conclude here that, in balancing the Port Authority’s continued need for additional time to 
bring facilities back into operation and the need of other public safety entities for spectrum, a further 
extension of the waiver originally granted in the 2002 Order, until September 10, 2009, is in the public 
interest.  Grant of the waiver request will enable the Port Authority to plan, construct and place into 
operation its stations and, at the same time, ensure that scarce spectrum is utilized to enhance public 
safety radio communications at the World Trade Center site.  We therefore conclude that the public 
interest would be served by granting the Port Authority an extension of time to complete construction of 
the World Trade Center Stations listed in the Attachment.11  
     
(renewal application for unconstructed station held in pending status until the extended construction period grant is 
expired).
5 See 47 C.F.R. § 1.925(b)(3)(ii).
6 Id.
7 Waiver Request at 2-4, 6.  The Port Authority states that its efforts have involved the relocation of certain facilities 
to other sites, on either a temporary or permanent basis, the establishment of new facilities, and planning for the 
reconstruction of facilities at the World Trade Center site when a suitable structure becomes available.  Id. at 2.  The 
Port Authority also states that it continues to make progress on the process for the restoration of facilities destroyed 
in the September 11, 2001 terrorist attacks and for the construction of a new building complex at the World Trade 
Center site.  Id. at 2-3. 
8 Waiver Request at 3-4.  
9 2002 Order, 17 FCC Rcd at 16786 ¶ 6.
10 February 2008 Letter Order, 23 FCC Rcd at 1754.
11 Our action herein does not preclude the Port Authority from requesting additional time should circumstances so 
warrant.  
3
Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. §§ 154(i) and 303(r), and Sections 1.925, 1.946(e), 90.157, and 101.65(b) 
of the Commission’s rules, 47 C.F.R. §§ 1.925, 1.946(e), 90.157, and 101.65(b), the Request for 
Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission’s rules, filed by the Port 
Authority of New York and New Jersey IS GRANTED, nunc pro tunc, to the extent indicated herein.
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 and 0.392.  
FEDERAL COMMUNICATIONS COMMISSION
Thomas J. Beers
Chief, Policy Division
Public Safety and Homeland Security Bureau
4
ATTACHMENT
Table 1: Tabulation of Affected Radio Stations Authorized Under FCC Part 90
Radio 
Authorization 
Call Sign
Expiration 
Date
Radio 
Service 
Code
Affected 
Location 
Number
Geographic 
Coordinates 
N.Lat/W.Long 
(NAD83)
Frequency 
(MHz)
KGU999 1/14/2012 PW 1
40-42-43.4
074-00-47.5 150.99500
KGU998 1/14/2012 PW 1
40-42-43.4
074-00-47.5 151.11500
KVN780 10/23/2014 PW 2
40-42-39.4
074-00-43.5
470.56250
470.58750
KVN779 10/23/2014 PW 1
40-42-39.4
074-00-43.5 470.61250
WPDU923 11/18/2013 PW 1
40-42-41.4
074-00-43.5 453.65000
Table 2: Tabulation of Affected Radio Stations Authorized Under FCC Part 101
Radio 
Authorization 
Call Sign
Expiration 
Date
Radio 
Service 
Code
Affected 
Location 
Number 
Trsmtr
Geographic 
Coordinates 
N.Lat/W.Long 
(NAD83) Trs
Affected 
Location 
Number 
Receiver
Affected 
Path 
Number/
Segment
Frequency 
(MHz)
WNEE495 2/11/2009 MW 1
40-42-40.3
074-00-47.5
** 4s1
11215.00000
WNEE495 2/11/2009 MW 1
40-42-40.3
074-00-47.5
** 5s1
11685.00000
WNEE495 2/11/2009 MW 1
40-42-40.3
074-00-47.5
** 6s1
11525.00000
WPO93 12/6/2010 MW 1
40-42-43.3
074-00-46.5
** 1s1
12470.00000
WNEK376 1/7/2008 MW 1
40-42-43.3
074-00-47.5
** 1s1
23075.00000
WNEK377 1/7/2008 MW 1
40-43-52.3
074-02-37.5
2 1s1
21875.00000
WNEE496 1/6/2008 MW 1
40-46-21.3
073-53-10.4
2 2s1
10835.00000
WNEE497 1/6/2008 MW 1
40-42-14.3
074-09-15.5
2 2s1
10875.00000
WPO92 6/4/2012 MG 1
40-43-53.3
074-03-51.5
2 1s1
12210.00000
WPNI363 1/6/2009 MW 1
40-39-05.3
073-48-34.4
2 1s1
10715.00000
5