Subject: [NEXTEL-1] PORT AUTHORITY OF NEW YORK AND NEW JERSEY- Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the Commission’s Rule

From: [email-masked]
Date: Wed, 24 Sep 2003 18:49:47 -0400

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

PORT AUTHORITY OF NEW YORK AND NEW JERSEY

Request for Extension of Waiver of Sections 90.157 and 101.65(b) of the
Commission’s Rule

ORDER

   Adopted:  September 23, 2003 Released:  September 24, 2003

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:

1. Introduction.  On August 13, 2003, the Port Authority of New York and New
Jersey (Port Authority) filed a request for an extension  of a waiver of Sections
90.157  and 101.65(b)  of the Commission’s Rules granted on September 10, 2002.
For the reasons set forth below, we grant the request.

2. Background.  On August 9, 2002, the Port Authority filed a request for waiver
of Sections 90.157 and 101.65(b) of the Commission’s Rules concerning certain
stations destroyed in the World Trade Center attacks (collectively, the World
Trade Center stations) on September 11, 2001.   On September 9, 2002, the Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division (Division)
granted that waiver request for a period of one year until September 11, 2003 to
return the World Trade Center Stations to operational status without the risk of
forfeiting the licenses for permanent discontinuance of operation.   The Division
stated, however, that its action did not preclude the Port Authority from
requesting additional time should circumstances so warrant.

3. The Port Authority notes that the process for the restoration of facilities
destroyed in the World Trade Center attacks is well underway.   It states that
since the 2002 Order was released it has worked to relocate the World Trade Center
Stations to other sites, on either a temporary or permanent basis, and has planned
to reconstruct these stations at the World Trade Center site when a suitable
structure becomes available.   It states that two of the stations for which a
waiver was granted have been returned to service at alternate locations and do not
require an extension of the waiver,  but it has been unable to return the
remaining facilities to operational status.

4. Specifically, the stations for which an extension is requested fall into three
categories.  First, the Port Authority indicates that it would like to reinstate
operations on Station WPKJ945 (radio facilities associated with the operation of
Port Authority’s PATH rail station at the World Trade Center site), but cannot at
this time because of the reconstruction of a temporary PATH rail facility, which
is scheduled to be completed in November 2003.   The Port Authority indicates that
these radio facilities may not be able to recommence until the above grade-level
building structures are “better defined.”   The second category is the remaining
World Trade Center stations licensed under Part 90, which were used for building
security and other purposes.   The Port Authority indicates that, with one
exception,  “the immediate restoration of these facilities has not been
necessary,”  but the Port Authority plans to restore these local facilities “as
promptly as reasonable during the World Trade Center site reconstruction
process.”   The third category is the World Trade Center stations licensed under
Part 101 (microwave licenses) that were operated by the Port Authority as a
transmission or reception point.   The Port Authority indicates that it has been
unable to restore these sites due to the difficulties involved in finding a
suitable alternative site location.   It states that it is currently using
landline transmission facilities for the traffic previously carried on the
microwave links, but it intends to reconstruct these microwave facilities “[a]t
such time as a suitable building site location becomes available at the World
Trade Center.”   The Port Authority argues that the public interest requires that
we maintain the licenses for all the World Trade Center stations in active status
“until such time as the process for the reconstruction and resumption of the Port
Authority’s communication operations can be completed.”

5. Discussion.  In the 2002 Order, the Division concluded that the Port Authority
had met the requirements for a waiver under Section 1.925(b)(3)(ii)  of the
Commission’s Rules in that, in view of unique or unusual factual circumstances
(the terrorist attacks on the World Trade Center), strict application of Sections
90.157 and 101.65(b) of the Commission’s Rules would be inequitable and contrary
to the public interest.   The Port Authority argues that the same principles
continue to apply, warranting an extension of the waiver for all of the World
Trade Center licenses that still are not operational.

6. We agree. In the 2002 Order, we stated that although the Port Authority
requested a waiver of Sections 90.157 and 101.65(b) of the Commission’s Rules
“until such time as the process for reconstruction and resumption of the Port
Authority’s communication operations can be completed,”  we believed that “a fixed
waiver term is appropriate to avoid any ambiguity concerning the status of the
licenses and to allow relicensing of any spectrum that the Port Authority may
later decide is not necessary for its future operations.”   Thus, the Port
Authority was granted a waiver of Sections 90.157 and 101.65(b) of the
Commission’s Rules until September 11, 2003 to reconstruct the World Trade Center
stations.   The 2002 Order attempted to balance between the Port Authority’s need
for additional time to bring necessary facilities back into operation and the need
of other public safety entities for spectrum that otherwise would go unutilized if
the Port Authority were granted an open-ended waiver.

7. Based on the information before us, we believe that the Port Authority has been
diligent in its efforts to restore its use of the subject authorized facilities.
In this connection, we note that the Port Authority’s efforts are impacted by
other entities involved in and/or responsible for planning and implementing
reconstruction of structures at the site of the former World Trade Center.   Given
that the Port Authority had constructed its radio facilities prior to the tragic
events of September 11, 2001, we believe that it is likely that Port Authority
would continue to need the subject frequencies for public safety communications.
Thus, we are not inclined to make them available to other entities given the
progress made by Port Authority thus far in restoration of its radio
communications facilities.

8. Conclusion.  We grant an additional one-year extension of the waiver granted in
the 2002 Order, until September 11, 2004,
for the Port Authority to reconstruct its remaining Part 90 and microwave
stations.

9. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications
Act of 1934, as amended, 47 U.S.C. §§ 154(i), Sections 1.925, 90.157, and
101.65(b) of the Commission’s Rules, 47 C.F.R. §§ 1.925, 90.157, and 101.65(b),
the Request for Extension of Waiver filed on August 13, 2003 by the Port Authority
of New York and New Jersey IS GRANTED to the extent indicated herein.

10. 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

D’wana R. Terry
Chief, Public Safety and Private Wireless Division
Wireless Telecommunications Bureau
 Appendix

Table 1: Tabulation of Affected Radio Stations Authorized Under FCC Part 90
Radio Authorization
Call Sign Expiration
Date Radio Service Code Affected Location Number Geographic Coordinates
N.Lat/W.Long (NAD83) Frequency
(MHz)
KGU999 1/14/2012 PW 1 40-42-43.4
074-00-47.5 150.99500
KGU998 1/14/2012 PW 1 40-42-43.4
074-00-47.5 151.11500
KLY882 3/13/2005 PW 1 40-42-41.4
074-00-43.5 453.37500
KLY882 3/13/2005 PW 2 N/A 453.37500
KVN780 10/23/2004 PW 2 40-42-39.4
074-00-43.5 470.56250
470.58750
KVN779 10/23/2004 PW 1 40-42-39.4
074-00-43.5 470.61250
WPDS601 12/1/2003 YF 1 40-42-41.4
074-00-43.5 866.07500, 866.38750,
868.10000
WPKJ945 3/18/2012 LN 1 40-42-43.4
074-00-47.5 910.75000, 912.75000, 915.75000, 917.75000, 919.75000, 920.75000
WPDU923 11/18/2013 PW 1 40-42-41.4
074-00-43.5 453.65000
WPFN315 6/19/2005 GF 1 40-42-41.4
074-00-43.5 866.51250, 868.01250

  Table 2: Tabulation of Affected Radio Stations Authorized Under FCC Part 101
Radio Authorization Call Sign Expiration Date Radio Service Code Affected Location
Number Trsmtr Geographic Coordinates N.Lat/W.Long (NAD83) Trs Affected Location
Number Receiver Affected Path Number/ Segment Frequency
(MHz)
WNEE495 2/11/2009 MW 1 40-42-40.3
074-00-47.5 ** 4s1 11215.00000
WNEE495 2/11/2009 MW 1 40-42-40.3
074-00-47.5 ** 5s1 11685.00000
WNEE495 2/11/2009 MW 1 40-42-40.3
074-00-47.5 ** 6s1 11525.00000
WNEE495 2/11/2009 MW 1 40-42-40.3
074-00-47.5 ** 7s1 10578.12500
WPO93 12/6/2010 MW 1 40-42-43.3
074-00-46.5 ** 1s1 12470.00000
WNEK376 1/7/2008 MW 1 40-42-43.3
074-00-47.5 ** 1s1 23075.00000
WNEK377 1/7/2008 MW 1 40-43-52.3
074-02-37.5 2 1s1 21875.00000
WNEE496 1/6/2008 MW 1 40-46-21.3
073-53-10.4 2 2s1 10835.00000
WNEE497 1/6/2008 MW 1 40-42-14.3
074-09-15.5 2 2s1 10875.00000

WPO92 6/4/2012 MG 1 40-43-53.3
074-03-51.5 2 1s1 12210.00000
WBM579 2/11/2009 MW 1 40-51-00.3
073-56-45.4 3 3s1 10643.12500
WPNI363 1/6/2009 MW 1 40-39-05.3
073-48-34.4 2 1s1 10715.00000

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2926A1.doc

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