Federal Communications Commission DA 09-2524 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the matter of
DENVER EDUCATIONAL BROADCASTING, 
INC.
Application For New Licenses 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. 0003917373, 0003917377
MEMORANDUM OPINION AND ORDER
Adopted:  December 1, 2009 Released:  December 2, 2009
By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order, we address Denver Educational Broadcasting’s 
(DEB) applications for new Microwave Industrial/Business Pool Stations1 and accompanying requests for 
waiver2 of Section 101.603(a)(7) of the Commission’s Rules3 to permit DEB to use the stations as the 
final RF link in connection with the delivery of broadcast programming material to the transmitter site of 
Station KUVO(FM), Denver, Colorado.  For the reasons stated below, we grant DEB’s Waiver Requests.
II. BACKGROUND
2. DEB is a nonprofit organization that operates KUVO(FM), a noncommercial educational 
radio station.4 It states that the station’s current Part 74 broadcast auxiliary service spectrum has 
insufficient capacity for its conventional and HD broadcasts.5 Furthermore, the existing studio-to-
transmitter link (STL) regularly fails for minutes or hours on end.6 DEB has received emergency federal 
  
1 File Nos. 0003917373, 0003917377 (filed Jul. 30, 2009) (Applications).
2 See Applications, Request for Waiver of Section 101.603(a)(7) (Waiver Requests).
3 47 C.F.R. § 101.603(a)(7).
4 Waiver Requests at 1.
5 Id.
6 Id. DEB’s Chief Engineer documents 34 instances in which the existing STL failed for more than three minutes.  
Waiver Requests, Statement of Mike Pappas, Chief Engineer, KUVO, In Support of Requests for Support of 
Requests for Waiver and Special Temporary Authority For Operation of Proposed Part 101 Link for Noncommercial 
Educational Station KUVO(FM) (Pappas Statement) at 1-2.
Federal Communications Commission DA 09-2524 
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funding for replacement equipment.7 On August 30, 2009, DEB filed the instant Applications and Waiver 
Requests.8 No oppositions or objections were filed.
3. Section 101.603(a)(7) of the Rules9 prohibits the use of the 11 GHz band as the final RF 
link to deliver DEB’s broadcast signal to its transmitter site.  DEB has concluded, however, that it must 
rely on spectrum in the Microwave Industrial/Business service to deliver the broadcast signal from the 
main studio location in Denver, Colorado to the transmitter site.10 DEB states that it looked into using an 
additional 950 MHz band frequency but was told by the spectrum coordinator that no additional 
frequencies were available on the necessary path.11 According to KUVO’s Chief Engineer, terrain and 
mountainous topography at the transmitter site precludes alternatives to RF connectivity.12 Qwest 
informed KUVO that it would cost $72,000 plus $5,000/month lease charge to bring fiber to the 
KUVO(FM) transmitter site.13 That cost is beyond KUVO(FM)’s financial capability.14 DEB also states 
that it sought 23 GHz frequencies, but that their path length would be problematic and that a time-
consuming Department of Defense EMC review would be required.15 In addition to using the proposed 
facilities to transmit program material to the transmitter site, DEB intends to use the proposed facilities 
for a variety of other purposes.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
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 
  
7 Waiver Requests at 1.  See also Pappas Statement at 2.
8 Applications.  The applications were accepted for filing on August 5, 2009.  See Wireless Telecommunications 
Bureau Site-by-Site Accepted for Filing, Report No. 5154, Public Notice (rel. Aug. 5, 2009) at 39.  In addition, DEB 
filed applications requesting special temporary authority to operate the facilities proposed in the Applications.  See
File Nos. 0003917986, 0003918309 (filed Jul. 30-31, 2009).  The applications for special temporary authority were 
granted on August 14, 2009.  See authorizations for Stations WQKQ719 and WQKQ720.
9 47 C.F.R. § 101.603(a)(7).
10 Waiver Requests at 1.
11 Pappas Statement at 2.
12 Id.
13 Id.
14 Id.
15 Id. at 2-3.
16 See Amendment (filed Oct. 29, 2009).
17 47 C.F.R. § 1.925(b)(3)(i)-(ii).
Federal Communications Commission DA 09-2524 
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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 DEB has justified a waiver under the second prong of the waiver 
standard.  DEB has shown that no reasonable alternative exists to its use of Part 101 frequencies in the 11 
GHz band.  Specifically, DEB has shown that no additional frequencies are available in the 950 MHz 
band on the necessary path and that fiber would be prohibitively expensive.20 Furthermore, in light of the 
fact that DEB had plans to use the microwave station for support and ancillary connectivity, we believe 
that allowing DEB to use the same station to transmit programming to the transmitter site would be 
spectrally efficient.  We conclude, in view of the foregoing, that, pursuant to Section 1.925(b)(3)(ii) of the 
Commission’s Rules,21 that grant of the waiver would be in the public interest.  Accordingly, we believe 
that DEB should be granted a waiver of Section 101.603(a)(7)22 of the Commission’s Rules.23
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 Denver Educational 
Broadcasting on July 30, 2009 ARE GRANTED.
7. IT IS FURTHER ORDERED that the licensing staff of the Broadband Division SHALL 
PROCESS Denver Educational Broadcasting’s pending applications, File Nos. 0003917373 and 
0003917377, 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
  
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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 Requests.
21 47 C.F.R. § 1.925(b)(3)(ii).
22 47 C.F.R. § 101.603(a)(7).
23 See also Greater Boston Radio, Inc., Memorandum Opinion and Order, 24 FCC Rcd 8661 (WTB BD 2009); 
Baybridge Communications, Memorandum Opinion and Order, 24 FCC Rcd 8653 (WTB BD 2009); 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).