Federal Communications Commission DA 09-1457 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the matter of
AM/FM RADIO LICENSES, L.L.C.
Applications for Modification of Microwave 
Industrial/Business Radio Pool Licenses 
WQHP740 and WQHP743 
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File Nos. 0003334573, 0003334578
MEMORANDUM OPINION AND ORDER
Adopted:  June 26, 2009 Released:  June 26, 2009
By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order, we address AM/FM Radio Licenses, L.L.C.’s 
(AM/FM) request for waiver1 of Section 101.603(a)(7) of the Commission’s Rules 2 to permit AM/FM to 
use its Microwave Industrial/Business Pool Radio Stations WQHP740 and WQHP743 as the final RF link 
in connection with the delivery of broadcast programming material to the broadcast transmitter sites 
located at the Empire State Building and Four Times Square, respectively, in New York City.  For the 
reasons stated below, we grant AM/FM’s Request for Waiver.
II. BACKGROUND
2. AM/FM is an indirect subsidiary of Clear Channel Communications, Inc. (CCC, and, 
collectively with AM/FM, Clear Channel).3 Subsidiaries of Clear Channel are licensed for broadcast 
radio stations that transmit from the Empire State Building and Four Times Square in New York City.4  
3. On September 28, 2007, AM/FM was issued licenses for Microwave Industrial/Business 
Radio Pool Licenses WQHP740 and WQHP743 in the 10.7-11.7 GHz band (11 GHz band).5 On 
February 22, 2008, AM/FM filed the instant applications to modify those licenses to allow those licenses 
to be used as studio-transmitter links between its studio locations and the transmission facilities at Empire 
State Building and Four Times Square.6 No oppositions or objections were filed. 
  
1 See Request for Waiver of Section 101.603(a)(7), File Nos. 0003334573, 0003334578 (filed Feb. 22, 2008) 
(Request for Waiver).
2 47 C.F.R. § 101.603(a)(7).
3 Request for Waiver at 1.
4 Id.
5 See File Nos. 0003148715, 0003148774 (granted Sep. 28, 2007). 
6 File Nos. 0003334573, 0003334578 (filed Feb. 22, 2008) (Applications).
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4. Section 101.603(a)(7) of the Rules7 prohibits the use of the 11 GHz band as the final RF 
link to deliver AM/FM’s broadcast signals to its transmitter sites.  AM/FM states that Clear Channel has 
undertaken a review of frequencies typically used for studio-transmitter links, but could not find any 
viable frequencies for the locations in question.8 AM/FM notes that following the loss of the World 
Trade Center as a transmitting location in 2001, many broadcast stations, including a Clear Channel 
broadcast station, relocated their transmitters, resulting in a concentration of broadcast transmitting 
facilities now located at the Empire State and Four Times Square buildings.9 AM/FM contends that this 
concentration of facilities has complicated delivery of broadcast signals from station studios to these 
transmitting sites by taxing the usual frequencies used for studio-transmitter link operations.10  
5. AM/FM submits documentation from frequency coordination firm Micronet 
Communications (Micronet) showing that channels in the 944-952 MHz band (948 MHz band) are not 
available due to potential interference with existing microwave licensees.11 It also submits a study by 
Micronet showing that no frequencies in the 17.7-17.8 GHz band (18 GHz band) are available to AM/FM, 
because of potential interference with existing coordinated microwave paths that would exceed the 
interference protection criteria of Section 101.105 of the Commission’s Rules.12 AM/FM contends that 
the 23 GHz band would not be suitable because facilities in the band would experience four times more 
predicted outages than facilities in the 11.2 GHz band, due to rain fade and multipath induced fade.13  
AM/FM further contends that studies such as that by Micronet do not always accurately predict the 
uniquely congested conditions found in Manhattan, where higher frequency bands would be even more 
likely to be subject to outages.14 AM/FM argues that land-line connections are subject to interruption due 
to infrastructure failures, such as steam pipe and electrical utility incidents, and therefore it is important 
that Clear Channel implement use of the licenses for digital audio broadcasts.15 AM/FM states that the 
requested frequencies in the 11.2 GHz band were selected based on equipment availability, adequate 
reliability, and spectral efficiency.16  
6. AM/FM states that Clear Channel will use the licenses to ensure that its digital streams of 
high-definition radio are transmitted from its operating studios to the Empire State and Four Times 
Square broadcast transmitting facilities, thereby promoting the public interest.17 AM/FM notes that the 
Commission has stated it to be a priority to “foster the development of a vibrant terrestrial digital radio 
service for the public and to ensure that radio stations successfully implement DAB [digital audio 
  
7 47 C.F.R. § 101.603(a)(7).
8 Request for Waiver at 2.
9 Id. at 2-3.
10 Id. at 3.
11 Request for Waiver, Letter from Brad Youngblood, Systems Engineer for Micronet Communications (Micronet) 
(dated Feb. 6, 2008) (Micronet February Path Reliability Study).
12 Amendment (filed Jul. 22, 2008), attaching Letter from Brad Youngblood, Systems Engineer, Micronet 
Communications, Inc. (dated Jul. 18, 2008) (Micronet July Path Reliability Study).  See 47 C.F.R. § 101.105.
13 Amendment at 2, citing Micronet July Path Reliability Study.
14 Amendment at 2.
15 Request for Waiver at 3.
16 Id. at 2.
17 Id. at 3.
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broadcasting],”18 and states that grant of the requested waivers would further this priority.19 In addition, 
AM/FM states that Clear Channel plans to use the licenses not only for the transmission of digital 
broadcast material to the transmitters, but also for data connections from the transmitters to the studios 
and data paths for business network uses, and notes that only a portion of the microwave licenses’ 
bandwidth would be used for studio-transmitter link purposes.20 AM/FM contends, therefore, that using 
the licenses as studio-transmitter links would be spectrally efficient.21
III. DISCUSSION
7. Section 1.925(b)(3) of the Commission’s Rules requires parties seeking a waiver to 
demonstrate that:
(i) 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
(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.22
The Part 101 rules were simplified and streamlined to “encourage more efficient use of the microwave 
spectrum by permitting more intensive use of microwave equipment,”23 and to “lead to economies of 
scale in microwave equipment production and lower equipment prices to licensees.”24 Section 
101.603(a)(7) of the Commission’s Rules ensures that private operational fixed stations are used for 
private, internal purposes and prevents broadcasters from causing congestion when Part 74 Broadcast 
Auxiliary Service frequencies are available.
8. We conclude that AM/FM has justified a waiver under the second prong of the waiver 
standard.  Specifically, AM/FM has established that no reasonable alternative exists to its use of 
frequencies in the 11.2 GHz band.  In that regard, AM/FM has shown that frequencies in the 948 MHz 
and 18 GHz bands are not available and that path reliability in the 23 GHz band does not meet industry 
standards.25 In light of its preexisting use of the frequencies for data network services, emergency alert 
system warnings, news, and weather information, and the congested spectrum environment in New York 
City, AM/FM has shown that its proposed use would be spectrally efficient.  We also note that AM/FM is 
seeking to address a unique situation resulting in part from the loss of the World Trade Center.  In view of 
the foregoing, pursuant to Section 1.925(b)(3)(ii) of the Commission’s Rules,26 we conclude that grant of
  
18 Id. at 3, citing Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service, 
Second Report and Order, First Order on Reconsideration and Second Further Notice of Proposed Rule Making, 22 
FCC Rcd 10344, 10346 ¶ 2 (2007).
19 Request for Waiver at 3.
20 Id.
21 Id.
22 47 C.F.R. § 1.925(b)(3)(i)-(ii).
23 Common Carrier and Private Operational Fixed Services, Report and Order, WT Docket No. 94-148, CC Docket 
No. 93-2, and RM-7861, 11 FCC Rcd 13449, 13452 (1996).
24 Id. at 13453.  The simplified and streamlined rules also reduced regulatory burdens, benefiting both the public and 
the Commission. Id. at 13452.
25 See Micronet February Path Reliability Study, Micronet July Path Reliability Study.
26 47 C.F.R. § 1.925(b)(3)(ii).
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the requested waiver would be in the public interest.  We note that AM/FM’s waiver showing is similar to 
waivers granted to other broadcasters.27  Accordingly, we believe that AM/FM should be granted a waiver 
of Section 101.603(a)(7)28 of the Commission’s Rules.29
IV. ORDERING CLAUSES
9. Accordingly IT IS ORDERED that pursuant to Sections 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 waiver request filed by AM/FM Radio Licenses, L.L.C. on February 22, 2008 IS GRANTED.
10. IT IS FURTHER ORDERED that the licensing staff of the Broadband Division SHALL 
PROCESS AM/FM’s pending applications, File Nos. 0003334573 and 0003334578, in accordance with 
this Memorandum Opinion and Order and the applicable Commission Rules.
11. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the 
Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331.
FEDERAL COMMUNICATIONS COMMISSION
John J. Schauble
Deputy Chief, Broadband Division 
Wireless Telecommunications Bureau
  
27 See Pappas Radio of California, Memorandum Opinion and Order, 21 FCC Rcd 13528 (WTB BD 2006); 
Maryland Public Broadcasting Commission, Memorandum Opinion and Order, 21 FCC Rcd 1647 (WTB BD 2006); 
Transmissions Holdings, Inc., Order, 14 FCC Rcd 3769 (WTB 1999).
28 47 C.F.R. § 101.603(a)(7).
29 See, e.g., Pappas Radio of California, Memorandum Opinion and Order, 21 FCC Rcd 13528 (WTB BD 2006); 
Maryland Public Broadcasting Commission, Memorandum Opinion and Order, 21 FCC Rcd 1647 (WTB BD 2006); 
Transmissions Holdings, Inc., Order, 14 FCC Rcd 3769 (WTB 1999).