Federal Communications Commission DA 17-234
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
PTC-220, LLC
Request for Modification of Station KIVD0007 and 
Waivers to Implement Positive Train Control 
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File No. 0007202625
ORDER OF MODIFICATION
Adopted:  March 9, 2017 Released: March 9, 2017
By the Chief, Mobility Division, Wireless Telecommunications Bureau:
I. INTRODUCTION
1. In this Order of Modification (Order), the Mobility Division (Division) of the Wireless 
Telecommunications Bureau modifies 218-219 MHz Service Station license KIVD0007, licensed to PTC-
220, LLC (PTC-220),
1
to facilitate positive train control (PTC) implementation by New Jersey Transit 
(NJ Transit), the Southeastern Pennsylvania Transportation Authority (SEPTA), and certain PTC-220 
freight member railroads.
2
II. BACKGROUND
2. PTC Mandate.  Pursuant to the Rail Safety Improvement Act of 2008, as amended by the 
Positive Train Control Enforcement and Implementation Act of 2015,
3
Congress has required all trains 
providing passenger service and freight trains operating on lines carrying toxic and poisonous-by-
inhalation hazardous materials to implement interoperable
4
PTC systems by December 31, 2018.
5
  The 
                                                     
1
PTC-220 is a joint venture of the nation’s seven Class I freight railroads.  Its members include BNSF Railway 
Company, Canadian National, Canadian Pacific, CSX Corporation (CSX), Kansas City Southern, Norfolk Southern 
Corporation (NS), and Union Pacific Corporation. PTC-220 requested modification of its license. See PTC-220, 
LLC Request for License Modification and Waivers, ULS File No. 0007202625 (filed Mar. 25, 2016), amended 
October 5, 2016.  See also Request for Modification of Station KIVD0007 and Waivers to Implement Positive Train 
Control, Proposed Order of Modification, 31 FCC Rcd 13249, 13249, para. 1 n.2 (WTB Mobility Div. 2016) 
(Proposed Order of Modification).
2
Congress adopted the PTC mandate in the Rail Safety Improvement Act of 2008.  See Pub. L. No. 110-432, § 104, 
122 Stat. 4848, 4857 (2008), amended by the Positive Train Control Enforcement and Implementation Act of 2015, 
Pub. L. No. 114-73, § 1302, 129 Stat. 568, 576 (Oct. 29, 2015) (PTC Enforcement Act).  PTC systems are intended 
to reduce the risk of human-error rail accidents, by “prevent[ing] train-to-train collisions, over-speed derailments, 
incursions into established work zone limits, and the movement of a train through a switch left in the wrong 
position.”  49 U.S.C. § 20157(i)(5).
3
See supra note 2.    
4
Interoperability is defined as “the ability to control locomotives of the host railroad and tenant railroad to 
communicate with and respond to the positive train control system, including uninterrupted movements over 
property boundaries.”  49 U.S.C. § 20157(i)(3).
Federal Communications Commission DA 17-234
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American rail industry has chosen to implement PTC using radio spectrum that creates wireless networks 
with the capacity to enable real-time information sharing between trains, rail wayside devices, and “back 
office” applications, regarding train movement authorities, speed restrictions, train position and speed, 
and the state of signal and switch devices.  
3. NJ Transit.  NJ Transit operates one of the nation’s busiest commuter rail systems, 
providing more than 300,000 passenger trips on an average weekday.
6
  It must deploy PTC on 11 
commuter rail lines, serving 116 municipalities.
7
  NJ Transit is leasing spectrum in the 218-219 MHz 
band from the Metropolitan Transportation Authority of New York to deploy PTC in seven northern New 
Jersey counties.
8
It requires spectrum in several adjoining counties to complete its PTC spectrum 
footprint.
9
4. SEPTA.  SEPTA also provides vital commuter rail service, serving approximately 
130,000 passengers on an average weekday in greater Philadelphia over 13 rail lines.
10
  SEPTA has begun 
to implement PTC in earnest using a 220-222 MHz band license it acquired in 2010.
11
  However, because 
its PTC system could experience interference from nearby freight rail PTC operations also being deployed 
in the 220-222 MHz band, SEPTA is prepared to transition its PTC system to the 218-219 MHz band. 
5. Intersystem Interference.  Like Amtrak and other commuter railroads serving the
Northeast Corridor, NJ Transit and SEPTA are deploying a PTC radio technology called an Advanced 
Civil Speed Enforcement System (ACSES).
12
  ACSES radios are designed to operate in the 216-222 MHz 
frequency range.
13
  However, the nation’s freight rails, including PTC-220 members, have chosen to 
deploy a PTC radio technology called an Interoperable Electronic Train Management System (I-ETMS),
and have acquired 220-222 MHz band spectrum throughout the United States to implement I-ETMS.
14
  
Several of PTC-220’s member railroads operate over, or nearby, track where NJ Transit and SEPTA 
operate commuter rail trains.
15
  When in close geographic proximity, the freight rails’ and commuter rails’ 
respective PTC radio technologies can experience intersystem interference absent adequate spectral 
(Continued from previous page)                                                            
5
49 U.S.C. § 20157(a)(1).  In October 2015, Congress extended the PTC implementation deadline from December 
31, 2015, to December 31, 2018.  See PTC Enforcement Act.  Railroads may request up to a 24-month extension of 
the December 31, 2018, deadline in limited circumstances.  See 49 U.S.C. § 20157(a)(2)(B).  
6
Proposed Order of Modification, 31 FCC Rcd at 13252, para. 7. 
7
Id.  
8
Lease ID L000023066.  See also Metropolitan Transportation Authority, Order of Modification, 31 FCC Rcd 8862 
(WTB Mobility Div. 2016).  The Division acted in accordance with the Commission’s proposal to modify 
KIVD0002.  Metropolitan Transportation Authority, Proposed Order of Modification and Order on Reconsideration, 
31 FCC Rcd 1436 (2016) (MTA Proposed Order of Modification and MTA Order on Reconsideration, respectively).  
Warren Havens filed a petition on behalf of Skybridge Spectrum Foundation for reconsideration of the 
Commission’s action confirming the renewal of Station KIVD0002 in the MTA Order on Reconsideration and that 
petition remains pending.  See Petition for Reconsideration, ULS File No. 0006109691 (filed Mar. 17, 2016).
9
See infra paragraphs 7 and 11.
10
Proposed Order of Modification, 31 FCC Rcd at 13252, para. 8; SEPTA Annual Report Fiscal Year 2015 at 18 
(2015), http://septa.org/strategic-plan/reports/annual-2015.pdf (last visited Feb. 21, 2017).
11
Proposed Order of Modification, 31 FCC Rcd at 13252, para. 8. 
12
Id. at 13254, para. 12.  Although NJ Transit and SEPTA use slightly different versions of ACSES, we use the term 
“ACSES” to refer to both systems.
13
MTA Proposed Order of Modification, 31 FCC Rcd at 1448, para. 39.
14
Proposed Order of Modification, 31 FCC Rcd at 13254, para. 12. 
15
Id. at 13251, para. 6.  These carriers include CSX, NS, and indirectly, Conrail Shared Assets, which operates 
trains for CSX and NS.  Id. at 13251, para. 6 n.25.   
Federal Communications Commission DA 17-234
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separation and filtering.
16
    
6. Station KIVD0007.  PTC-220 specifically acquired Station KIVD0007 to provide NJ 
Transit and SEPTA access to spectrum that would provide necessary spectral separation so that filters
could be deployed to mitigate potential intersystem interference between their ACSES PTC systems and 
the freight rails’ I-ETMS PTC systems in the 220-222 MHz band.
17
  Station KIVD0007 currently includes 
500 kilohertz of spectrum (218.000 to 218.500 MHz) in eight counties where NJ Transit and SEPTA will 
deploy PTC.
18
  PTC-220 requested that we modify Station KIVD0007 to return 250 kilohertz of spectrum 
(218.250 to 218.500 MHz) from the eight counties now comprising the license area to the Commission.
19
7. NJ Transit and SEPTA also require spectrum to deploy PTC in eight additional counties
that adjoin Station KIVD0007’s current license area.
20
  PTC-220 has requested that we modify Station 
KIVD0007 by authorizing the use of 250 kilohertz of spectrum (218.000 to 218.250 MHz) from the 
Commission’s 218-219 MHz band inventory in the eight adjoining counties.
21
  Collectively, the requested 
license modifications will result in a 16-county, 250 kilohertz spectrum license, which PTC-220 has 
committed to partition between NJ Transit and SEPTA to enable their respective PTC implementations.
22
8. Proposed Order of Modification.  On December 19, 2016, the Division adopted the 
Proposed Order of Modification.
23
  The Division found that Section 316(a)(1) of the Communications 
Act of 1934, as amended, provides it authority to propose modification of Station KIVD0007 as requested 
by PTC-220.
24
  It found that the proposed license modification will promote the vital public interest in rail 
safety by facilitating the implementation of PTC by NJ Transit, SEPTA, and by freight rails as required 
by Congress in the Rail Safety Improvement Act of 2008.
25
  
9. The Division also addressed PTC-220’s related requests for additional power to enable 
the deployment of PTC by NJ Transit and SEPTA, and for relief from certain reporting requirements.
26
The Division proposed grant of a waiver, finding that strict application of Section 95.855’s power limits
                                                     
16
Id. at 13251-52, para. 6.    
17
Id. at 13252, para. 6.    
18
Id. at 13249, para. 2. 
19
Id. at 13250, para. 2. 
20
Id. 
21
Id.
22
Id. 
23
See supra note 1.
24
Section 316(a) states the Commission may modify any station license “if in the judgment of the Commission such 
action will promote the public interest, convenience, and necessity . . . .”  47 U.S.C. § 316(a).
25
Proposed Order of Modification, 31 FCC Rcd at 13255, para. 15.  Specifically, the Division found that the 
proposed modification of the license would enable PTC-220 to assign spectrum to: (1) NJ Transit to complete its 
PTC spectrum footprint in the 218-219 MHz band; and (2) SEPTA to transition its PTC operations now in the 220-
222 MHz band to spectrum in the 218-219 MHz band, providing more than one megahertz of separation from the 
freight railroads’ PTC operations in the 220-222 MHz band.  See id.  An FRA-funded Transportation Technology 
Center, Inc. engineering study (TTCI Study) states this separation is required to mitigate intersystem interference 
that could cause both systems to fail.  See MTA Proposed Order of Modification, 31 FCC Rcd at 1449-50, paras. 42-
43.  The Division also noted that the proposed modification would provide the Commission with a return of 
comparable spectrum from Station KIVD0007 for future disposition.  Proposed Order of Modification, 31 FCC Rcd 
at 13255, para. 15.
26
Id. at 13256-60, paras. 17-29.
Federal Communications Commission DA 17-234
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and Section 95.815(b)’s reporting requirements would not serve the public interest.
27
  In proposing a 
limited waiver of rule 1.955(a)(3) until the December 31, 2018 PTC implementation deadline,
28
the 
Division found that strict application of Section 1.955(a)(3),
29
which provides that “[a]uthorizations 
automatically terminate, without specific Commission action, if service is permanently discontinued,”
would be contrary to the public interest in rail safety. The 30-day period for filing protests of the 
Proposed Order of Modification ended on January 18, 2017, and no party filed a protest.
30
  
III. DISCUSSION
10. For the reasons stated above and in light of the overriding public interest in rail safety 
embodied in the Congressional mandate to implement PTC, we find it in the public interest to modify
PTC-220’s authorization consistent with the Proposed Order of Modification.  Accordingly, we hereby 
modify Station KIVD0007 as follows:
? We authorize the use of an additional 250 kilohertz of spectrum, 218.000-218.250 MHz,
31
in 
the following New Jersey counties:  Atlantic (IVM134); Hunterdon (IVM550); Mercer 
(IVM121); Middlesex (IVM062); Monmouth (IVM070); Ocean (IVM551); Sussex 
(IVM552); and Warren (IVM058).
? We delete the authorization to use 250 kilohertz of spectrum, 218.250-218.500 MHz, now 
licensed under Station KIVD0007 from Burlington, Camden, and Gloucester counties, New 
Jersey, and from Bucks, Chester, Delaware, Montgomery, and Philadelphia counties, 
Pennsylvania (all in IVM004)—which spectrum will become unassigned and available for 
future disposition as determined by the Commission.  
11. Today’s modification of Station KIVD0007 ultimately will enable NJ Transit to deploy 
PTC in nine New Jersey counties (Atlantic, Burlington, Camden, Hunterdon, Middlesex, Monmouth, 
Ocean, Sussex, and Warren; collectively, the “NJ Transit Counties”) and will enable SEPTA to deploy 
PTC in seven counties (Bucks, Chester, Delaware, Montgomery, and Philadelphia counties, Pennsylvania, 
and in Gloucester and Mercer counties, New Jersey; collectively, the “SEPTA Counties”).  We also grant 
PTC-220 a waiver of Section 95.855
32
so that NJ Transit and SEPTA can deploy PTC at the increased 
power levels specified in the Proposed Order of Modification, from 4 to 8 watts ERP for mobile PTC 
operations, and from 20 to 30 watts ERP for base and fixed station PTC operations.
33
  Consistent with the 
Proposed Order of Modification, the following additional attenuation requirements will apply when either 
commuter rail uses increased power:  
? Out-of-band emissions (OOBE) of fixed and base PTC stations must be attenuated by an 
                                                     
27
Id. at 13259, para. 26 (proposed grant of a limited waiver of 47 CFR § 95.855) and at 13260, para. 29 (proposed 
grant of a limited waiver of 47 CFR § 95.815(b)).
28
Id. at 13261, para. 31. 
29
47 CFR § 1.955(a)(3).
30
Consistent with Section 316 of the Act and Commission rule section 1.87(a), the Division prescribed a 30-day 
period to file protests, commencing December 19, 2016 (the public release date of the Proposed Order of 
Modification).  Proposed Order of Modification, 31 FCC Rcd at 13261, paras. 32-33.
31
This spectrum will provide NJ Transit and SEPTA 1.75 megahertz of spectral separation from the freights’ I-
ETMS deployment in the 220-222 MHz Band, thereby mitigating the potential for intersystem interference 
identified in the FRA-funded TTCI Study.  See TTCI Study at 2 (noting the different modulation, data encoding, and 
channel access protocols used by ACSES and I-ETMS radios that may lead to mutual desensitization between the 
two systems), and 12 (concluding that I-ETMS radios should only operate above 220 MHz and ACSES radios below 
219 MHz when in close geographic proximity to mitigate possible ACSES/I-ETMS intersystem interference).
32
47 CFR § 95.855.
33
Proposed Order of Modification, 31 FCC Rcd at 13259, para. 26.
Federal Communications Commission DA 17-234
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additional 1.77 dB when using increased ERP under the waiver.
34
  
? OOBE of mobile PTC stations must be attenuated by an additional 3 dB when using 
increased ERP under the waiver.
35
  
We emphasize that under Section 95.861(d),
36
NJ Transit and SEPTA “must provide upon request, and 
install free of charge, an interference reduction device,” (here, a notch filter)
37
for any television of an 
over-the-air Channel 13 viewer that is impacted by their PTC operations.
38
  Where a notch filter is not 
adequate, NJ Transit and SEPTA have additional options at their disposal to eliminate the interference.
39
  
If NJ Transit or SEPTA, as applicable, cannot abate interference with a notch filter or other measure, 
Section 95.861(e) would require it to cease operation of an offending transmitter within 30 days of the 
time it is notified in writing of an interference complaint.
40
  
12. Pursuant to the Proposed Order of Modification, we grant PTC-220 a waiver—for the 
benefit of NJ Transit and SEPTA—of Section 95.815(b)’s requirement to provide certain information 
specified in Section 95.811(b), when modifying an individually-licensed base station.
41
  We emphasize 
that NJ Transit and SEPTA will still be required by Section 95.815(b) to file an appropriate application 
each time they add, delete, or modify an individually-licensed base station.  Further, we grant PTC-220 a 
waiver—also for the benefit of NJ Transit and SEPTA—of Section 1.955(a)(3) until the December 31, 
2018 PTC implementation deadline, consistent with the Proposed Order of Modification.
42
  
13. We emphasize that the waivers of Sections 1.955(a)(3), 95.815(b), and 95.855
43
we grant 
today may be applied by NJ Transit and SEPTA in furtherance of PTC deployment only, and may not be 
applied for unrelated purposes.
14. Pursuant to the Proposed Order of Modification, we also require PTC-220, as a condition 
of our modification of Station KIVD0007, to assign on commercially reasonable terms 250 kilohertz of 
spectrum under Station KIVD0007 (as modified) to NJ Transit to enable its PTC implementation in the 
NJ Transit Counties
44
as follows:
? Within 45 days of the release date of this Order, PTC-220 must file an application under 
                                                     
34
Id. (proposing additional attenuation requirements identical to those adopted in the MTA Order on 
Reconsideration, 31 FCC Rcd at 1446-47, para. 32).
35
Id.
36
47 CFR § 95.861(d).
37
A notch (band reject) filter attenuates one frequency band and passes both a lower and a higher frequency band.
38
Proposed Order of Modification, 31 FCC Rcd at 13259-60, para. 27.
39
For example, they could install a more directional television receive antenna, or furnish a better-performing 
television receiver.  Id. at 13260, para. 27 n.101.
40
47 CFR § 95.861(e).
41
Section 95.815(b) requires licensees that request the addition, deletion, or modification of the technical 
information of an individually licensed base station in the 218-219 MHz band pursuant to Section 95.811(b) to
include a description of the licensee’s system after the proposed addition, deletion, or modification, including the 
population served, and an explanation of how the system will satisfy the substantial service requirement of Section 
95.831.  47 CFR §§ 95.811(b), 95.815(b). 
42
Proposed Order of Modification, 31 FCC Rcd at 13261, para. 31; 47 CFR § 1.955(a)(3) (provides that 
“[a]uthorizations automatically terminate, without specific Commission action, if service is permanently 
discontinued”).
43
47 CFR §§ 1.955(a)(3), 95.811(b), 95.855.
44
See supra paragraph 11 (enumerating the NJ Transit Counties).  
Federal Communications Commission DA 17-234
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Station KIVD0007 (as modified) to assign on commercially reasonable terms 250 kilohertz of 
spectrum to NJ Transit to enable PTC implementation in the NJ Transit Counties.  
? Within 180 days of the release date of this Order, PTC-220 must consummate the assignment
of spectrum to NJ Transit as specified above.
15. Pursuant to the Proposed Order of Modification, we require PTC-220, as a condition of 
our modification of Station KIVD0007, to assign on commercially reasonable terms 250 kilohertz of 
spectrum under Station KIVD0007 (as modified) to SEPTA to enable its PTC implementation in the 
SEPTA Counties
45
as follows:
? Within 45 days of the release date of this Order, PTC-220 must file an application under 
Station KIVD0007 (as modified) to assign on commercially reasonable terms 250 kilohertz of 
spectrum to SEPTA to enable PTC implementation in the SEPTA Counties.
46
  
? Within 180 days of the release date of this Order, PTC-220 must consummate the assignment
of spectrum to SEPTA as specified above.
16. Should PTC-220 not consummate the assignments of spectrum to NJ Transit and SEPTA 
as specified above within 180 days of the release date of this Order, any remaining spectrum authorized 
by the modification shall return to the Commission without further action and will become unassigned 
and available for future disposition as determined by the Commission.
47
IV. ORDERING CLAUSES
17. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 316(a) of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 316(a), and Section 1.87 of the 
Commission's Rules, 47 C.F.R. § 1.87, Station KIVD0007, licensed to PTC-220, LLC, IS MODIFIED as 
specified in Section III of this Order of Modification.  Modification of Station KIVD0007 is effective 
upon release of this Order of Modification.
18. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 
1934, as amended, 47 U.S.C. § 154(i), and Section 1.925(b)(3) of the Commission's Rules, 47 C.F.R. § 
1.925(b)(3), that a waiver of Sections 1.955(a)(3), 95.815(b), and 95.855 of the Commission’s Rules, 47 
C.F.R. §§ 1.955(a)(3), 95.815(b), 95.855, as specified in Section III of this Order of Modification, IS 
GRANTED.
19. AND IT IS FURTHER ORDERED that, pursuant to Section 316(a)(1) of the 
Communications Act of 1934, as amended, 47 U.S.C. § 316(a)(1), the Wireless Telecommunications 
Bureau SHALL SEND this Order of Modification by certified mail, return receipt requested, to PTC-220, 
LLC.
                                                     
45
See id. (enumerating the SEPTA Counties).  
46
We note that PTC-220 filed an application on January 19, 2017, ULS File No 0007598117, to disaggregate, 
partition, and assign 250 kilohertz of spectrum to SEPTA under Station KIVD0007 in the SEPTA Counties, except 
Mercer County, New Jersey.  PTC-220 states that the assignment to SEPTA of spectrum in Mercer County will be 
accomplished through a future assignment application after the license modification is effectuated.  See Description 
of the Transaction and Public Interest Statement, ULS File No. 0007598117, at 3.  
47
As noted above, today’s modification of Station KIVD0007 authorizes the use of an additional 250 kilohertz of 
spectrum, 218.000-218.250 MHz, in Atlantic, Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Sussex, and 
Warren counties, New Jersey.  See supra paragraph 10.  If PTC-220 does not assign all of this newly authorized 
spectrum to NJ Transit and SEPTA within 180 days as required by this Order, then any unassigned spectrum 
(authorized by today’s action) will return to the Commission automatically.  We anticipate that NJ Transit and 
SEPTA will work closely with PTC-220 to help ensure that the relevant applications and consummation 
notifications are filed timely.  
Federal Communications Commission DA 17-234
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20. 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
Roger S. Noel
Chief, Mobility Division
Wireless Telecommunications Bureau