Federal Communications Commission DA 16-251
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
COMMONWEALTH OF VIRGINIA 
DEPARTMENT OF STATE POLICE
Request for Waiver of Section 90.537 of the 
Commission’s rules
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ORDER
Adopted:  March 8, 2016 Released: March 8, 2016
By the Deputy Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau:
1. Introduction.  The Commonwealth of Virginia Department of State Police (Virginia) 
requests waiver
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of Section 90.537(a) of the Commission’s rules
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(narrowband trunking requirements) 
relative to its Statewide Agencies Radio System (STARS) so that it may use non-trunked State channels 
and former reserve channels (now General Use channels) in its existing 700 MHz digital vehicular 
repeater units (DVRS).
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  For the reasons stated below, we conditionally grant Virginia’s waiver request.
2. Background.  The Commission established trunking requirements for narrowband 
systems in the 700 MHz public safety narrowband spectrum in the interest of efficient spectrum use.
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Currently, Section 90.537(a) specifies that all systems using six or more narrowband General Use 
channels or State channels must operate in the trunked mode.
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3. STARS uses VHF digital trunked narrowband land mobile radio technology for its 
system infrastructure and relies on 700 MHz DVRS units in over 3,600 vehicles to enable 700 MHz 
handheld portable units to communicate, through the DVRS, with the system infrastructure.
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  When 
STARS was implemented, and to date, there are no trunked vehicular repeaters available,
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and there is no 
Project 25 – the technology used on the STARS system – specification for a trunked vehicular repeater
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Additionally, Virginia argues, trunking generally assumes a fixed infrastructure whereas Virginia’s 
DVRS units are mobile, not fixed.
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  Virginia claims that it only recently became aware that Section 
                                                     
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Request for Waiver filed by the Virginia Department State Police (VSP) (Waiver Request).
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47 C.F.R. § 90.537(a).  
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Waiver Request at 1.
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See Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local 
Public Safety Agency Communications Requirements Through the Year 2010, First Report and Order and Third 
Notice of Proposed Rulemaking, 14 FCC Rcd 152, 211 ¶ 131 (1998). 
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47 C.F.R. § 90.537(a).  
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Waiver Request at 1.
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Id. at 4.
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The Futurecom DVRS model used by STARS is designed for 96 channel operation and does not include a trunking 
capability. Id.  
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Id.
Federal Communications Commission DA 16-251
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90.537 – if strictly construed -- could apply to DVRS units,
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and thus has requested the instant waiver of 
Section 90.537.
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4. Decision.  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;
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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.
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  An applicant seeking a waiver faces a high hurdle and must plead with particularity the 
facts and circumstances that warrant a waiver.
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5. We find that unique factual circumstances exist that would make application of the
trunking rule to Virginia’s DVRS unduly burdensome and contrary to the public interest. We believe that 
the Commission did not have DVRS units in mind when it enacted the trunking requirements, but rather 
contemplated that trunking would apply only to fixed infrastructure.  Moreover, the fact that trunked 
DVRS units are not available suggests that such units would be infeasible, or, if feasible, inordinately 
expensive.
6. In light of these unusual circumstances, denial of Virginia’s waiver request would be 
unduly burdensome and contrary to the public interest. Denial would potentially interfere with Virginia’s 
operational needs, create unnecessary expense, and complicate Virginia’s frequency planning. We note 
that Regional Planning Committee 20 has approved Virginia’s use of additional channels for the STARS 
system conditioned on grant of the instant waiver request.  The waiver granted hereunder will expire on 
the earlier of 1 year from the release date of this order or on the effective date of the Commission taking 
further action to address 700 MHz narrowband licensing and operational requirements applicable to 
vehicular repeater systems.
7. Ordering Clause.   Accordingly, IT IS ORDERED that the Request for Waiver filed by 
the Commonwealth of Virginia Department of State Police IS GRANTED conditioned as discussed 
herein.  
8. This action is taken under delegated authority pursuant to Sections 0.191(a) and 0.392 of 
the Commission's Rules, 47 C.F.R. §§ 0.191(a), 0.392.
FEDERAL COMMUNICATIONS COMMISSION
Michael J. Wilhelm
Deputy Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau 
                                                     
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Id.
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Id.
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47 C.F.R. § 1.925(b)(3)(i).
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47 C.F.R. § 1.925(b)(3)(ii).
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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).