Federal Communications Commission DA 09-1460 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the matter of
GREATER BOSTON RADIO, INC.
Applications for New License in the Microwave 
Industrial/Business Radio Pool
Requests for Waiver of Section 101.603(a)(7) of 
the Commission’s Rules
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File Nos. 0003242058, 0003242074 and 
0003242201
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 applications by Greater Boston 
Radio, Inc. (GBR) for new fixed point-to-point microwave stations in the 11 GHz band1 and an 
accompanying request for waiver2 of Section 101.603(a)(7) of the Commission’s Rules3 to permit GBR to 
use the stations as the final radio frequency (RF) links in connection with the delivery of broadcast 
programming material to the transmitter sites of its Stations WROR(FM), Framingham; WMJX(FM), 
Boston; WBOS(FM), Brookline, and WTKK(FM), Boston, all in the Boston metropolitan area.  For the 
reasons stated below, we grant GBR’s Waiver Request.
II. BACKGROUND
2. GBR owns and operates five Class B FM broadcast radio stations in the Boston area.4 It 
states that, with the advent of high-definition (HD) radio, the amount of audio and data that it needs to 
send from studios to its various broadcaster transmitter sites has grown enormously.5 GBR filed the 
Applications and its Waiver Request on November 27, 2007.6 No oppositions or objections were filed.
  
1 GBR proposes to operate the links on frequencies 11.605, 11.525, 11.035, and 11.115 GHz.  File Nos. 
0003242058, 0003242074 and 0003242201 (filed Nov. 27, 2007) (Applications).
2 See Applications, Requests for Waiver of Section 101.603(a)(7) (Waiver Request).
3 47 C.F.R. § 101.603(a)(7).
4 See Waiver Request at 1.
5 Id.
6 Applications.  The Applications were accepted for filing on December 5, 2007.  See Wireless Telecommunications 
Bureau Site-by-Site Accepted for Filing, Report No. 3636, Public Notice (rel. Dec. 5, 2007) at 29.
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3. Section 101.603(a)(7) of the Rules7 prohibits the use of the 11 GHz band as the final RF 
link to deliver GBR’s broadcast signal to its transmitter sites.  GBR claims that it must rely on spectrum 
in the 11 GHz band to deliver the broadcast signal from its main studio location to its transmitter sites in 
Andover and Newton, Massachusetts, and at the Prudential Building in Boston.8 According to GBR and 
Broadcast Signal Lab, LLP (BSL), there is insufficient spectrum available in the 944-952 MHz Broadcast 
Auxiliary Service (BAS) band to accommodate GBR’s needs.9 No frequencies in the 18 GHz band are 
available.10 GBR contends that frequencies above 21.2 GHz could not adequately support its system 
because of rain fade, scatter, and multi-path issues.11  GBR notes that it previously attempted to use a 23 
GHz link to transmit programming less than two miles from the former WMJX(FM) studio location to the 
Prudential Tower, but that the link was not reliable in bad weather.12 GBR further states that it attempted 
to use spread-spectrum radios with multiple T1 bandwidth capabilities to transmit its signals through 
unlicensed spectrum in the 2.4 MHz, 5.3 MHz, and 5.8 MHz bands, but that those frequencies proved too 
congested to support reliable service.13 Finally, GBR obtained current quotes from Verizon for two 
protected OC-3 circuits from its studio facility to the Prudential Building, and two additional protected 
OC-3 circuits from its studio to its transmitter site in Newton.14 The quoted cost was $291,000 a year 
under a three-year contract.15 GBR concludes that operation in the 11 GHz band would result in the most 
spectrally-efficient usage, which would not cause interference to other licensees, and would not suffer 
substantial fade due to terrain and weather factors.16
III. DISCUSSION
4. 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.17
  
7 47 C.F.R. § 101.603(a)(7).
8 Id.
9 Waiver Request at 3 and Exhibit D, Statement of Rick Levy, CSRE, of Broadcast Signal Lab (Sep. 25, 2007) (BSL 
Statement).
10 Applications, Amendment in Response to Staff Technical Questions (filed May 2, 2008), Letter from Thu 
Nguyen, Spectrum Analyst, Radio Dynamics Corporation.
11 Waiver Request, Statement of Robert S. Krangle, PhD (Exhibit F) at 2, Statement of Steve Hoppe, Director of 
Sales, Microwave Networks (Exhibit G).
12 Waiver Request, Statement of Milford K. Smith, Jr., VP Engineering, Greater Media, Inc. (Exhibit H).
13 Waiver Request at 3 and Exhibit E.
14 Amendments to File Nos. 0003242058, 0003242074 and 0003242201 (filed May 2, 2008) at 1.
15 Id.
16 Waiver Request at 4.
17 47 C.F.R. § 1.925(b)(3)(i)-(ii).
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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,”18 and to “lead to economies of 
scale in microwave equipment production and lower equipment prices to licensees.”19 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.
5. We conclude that GBR has justified a waiver under the second prong of the waiver 
standard.  GBR has shown that no reasonable alternative exists to its use of frequencies in the 11 GHz 
band.  Specifically, GBR has shown that BAS frequencies in the 944-952 MHz band are not available,20
that no other frequencies are available that would provide a reliable communications link between its 
main studio and its transmitter sites,21 and that use of landline links would not likely be an economical 
alternative.22 Furthermore, in light of the fact that GBR intends to use the stations for data network 
services,23 we believe that allowing GBR to use the same stations to transmit programming to the 
transmitter site would be spectrally efficient.  In view of the foregoing, pursuant to Section 1.925(b)(3)(ii) 
of the Commission’s Rules,24 we conclude that grant of the waiver would be in the public interest.  We 
note that GBR’s waiver showing is very similar to waivers granted to other broadcasters.25 Accordingly, 
we believe that GBR should be granted a waiver of Section 101.603(a)(7)26 of the Commission’s Rules. 
IV. ORDERING CLAUSES
6. Accordingly IT IS ORDERED that pursuant to Sections 4(i) and 309 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Section 1.925 of the 
Commission’s Rules, 47 C.F.R. § 1.925, that the waiver requests filed by Greater Boston Radio, Inc. on 
November 27, 2007 ARE GRANTED.
  
18 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).
19 Id. at 13453.  The simplified and streamlined rules also reduced regulatory burdens, benefiting both the public and 
the Commission. Id. at 13452.
20 See Waiver Request, Exhibit D.
21 See Paragraph 3, supra.
22 See Amendments to File Nos. 0003242058, 0003242074 and 0003242201 (filed May 2, 2008) at 1.  While it is 
readily apparent that $291,000 per year, the price quoted by Verizon for the redundant OC-3 links specified by 
GBR, would represent a significant burden for GBR, it is not entirely clear that GBR needs the amount of bandwidth 
that OC-3 circuits would provide.
23 Waiver Request at 1.
24 47 C.F.R. § 1.925(b)(3)(ii).
25 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).
26 47 C.F.R. § 101.603(a)(7).
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7. IT IS FURTHER ORDERED that the licensing staff of the Broadband Division SHALL 
PROCESS Greater Boston Radio, Inc.’s applications (File Nos., 0003242058, 0003242074 and 
0003242201) in accordance with this Memorandum Opinion and Order and the applicable Commission 
Rules.
8. 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