Subject: [NEXTEL-1] FCC Allows LAX To Increase TIS Power From 10 to 100 Watts

From: "marcel_rf1" <[email-masked]>
Date: Thu, 04 Mar 2004 20:39:16 -0000

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

In the Matter of Application of   LOS ANGELES WORLD AIRPORTS  For 
Modification of Conventional Public Safety Pool Station WNHV296, Los 
Angeles, California, and Request for Rule Waiver	) ) ) ) ) ) )
	  File No. 0001187565	

ORDER

   Adopted:  February 24, 2004	Released:  March 4, 2004

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

Introduction.  On December 4, 2002, Los Angeles World Airports (LAWA) 
filed the above-captioned application to modify its license for 
Conventional Public Safety Pool Station WNHV296, Los Angeles, 
California, a travelers' information station (TIS) located at Los 
Angeles International Airport (LAX).  Specifically, LAWA seeks to 
increase the authorized power for site 2 of Station WNHV296 from ten 
watts to one hundred watts.  Accordingly, LAWA requests a waiver of 
Section 90.242(b)(4)(iii) and (iv) of the Commission's Rules.  For 
the reasons set forth below, we grant LAWA's Waiver Request.
Background.  LAWA states that while the need for a power adjustment 
from ten watts to one hundred watts "was evident prior to the 
9/11/2001 terrorist attacks, the adjustment is now essential to 
facilitate the airport's efforts to provide emergency communications 
to the traveling public in the event of a terrorist attack."  LAWA 
seeks to communicate information over a larger geographic area in an 
effort to communicate effectively with more persons than those 
travelers driving in the immediate vicinity of LAX.  LAWA argues 
that "[i]f the airport is closed or operations are restricted during 
an emergency security episode in the future, it may prove imperative 
to keep people away from the facility, or guide them to alternate 
locations."  On March 5, 2003, LAWA supplemented its waiver request 
with a copy of an article from the Los Angles Times reporting that 
the California Attorney General's Office has determined that LAX is 
the location in California most susceptible to a terrorist attack.  
On May 22, 2003, LAWA further supplemented its waiver request with a 
letter of support of LAWA's modification application by the 
Transportation Security Administration.  On February 19, 2004, LAWA 
provided further justification for its waiver request.
Discussion.  Pursuant to Section 1.925 of the Commission's Rules, we 
may grant a request for waiver if it is shown 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.  
Based on the information before us, we conclude that LAWA's waiver 
request meets the second prong of the waiver standard.
LAWA has demonstrated unique or unusual circumstances.  The record 
demonstrates that LAX is at a notably higher risk of terrorist 
attacks than most other airports or major attractions that might 
operate a TIS.  Published news accounts make it clear that LAX was 
the planned target of terrorists on New Year's Eve 2000, but 
authorities apprehended those involved before the planned attack 
could take place.  Nevertheless, it appears that LAX, because of its 
size and importance to Southern California and the nation, remains a 
potential future target.  Recently, LAX was the destination of 
flights that were canceled due to credible intelligence regarding 
possible terrorist activity.  Indeed, the California Attorney 
General's Office identified LAX as the number one terrorist target in 
the State.  
LAWA also has demonstrated that grant of its request would be in the 
public interest because it would allow LAWA to modify Station WNHV296 
to cover a wider area.  LAX is by far the nation's busiest airport as 
measured by originating and terminating passengers.  Almost all of 
these passengers travel to or from the airport by automobile.  No 
other airport has anywhere near the number of passengers using local 
roadways to travel to and from the airport.  Thus, based on the 
information presented, we believe that the degree to which travelers 
in the area around LAX are dependent on the highway system and 
automobiles is considerably greater than with respect to other 
airports.  Further, we afford great weight to the judgment of the 
Transportation Security Administration's Federal Security Director 
for LAX that, in the event the airport is closed or operations are 
restricted during an emergency security episode, LAWA would need to 
disseminate information over a wider area than that served by other 
airports' TIS stations.  In addition, we note that automobile traffic 
approaching LAX travels on some of the busiest freeways in the 
country, including Interstates 10, 105, and 405.  Moreover, the 
airport is in the middle of residential and business areas where 
hundreds of thousands of people live and work.  We are persuaded that 
grant of the requested power increase would enable LAWA to contact a 
greater number of vehicles en route to, or in the vicinity of, LAX.  
In addition, a wider service area also would allow for better traffic 
management, including helping people leave the area as well as 
helping emergency vehicles make their way to the airport.
Based on the record before us, we find that LAWA has demonstrated 
sufficient grounds for grant of its Waiver Request.  In this 
connection, we find that LAX presents unique or unusual circumstances 
with respect to the danger from a terrorist attack and the means by 
which passengers travel to and from the airport.  In addition, we 
conclude that enabling LAWA to communicate with the general public 
over a wider area in the event of an emergency is in the public 
interest, in order to facilitate traffic control, evacuation 
procedures, and emergency response.
Accordingly IT IS ORDERED, pursuant to Section 4(i) and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 303
(r), and  Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925, 
that the request for waiver filed by Los Angeles World Airports on 
December 4, 2002, IS GRANTED.  Further, we SHALL PROCESS application 
File No. 0001187565 consistent with this Order and the Commission's 
Rules.
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 
Critical Infrastructure Division 
					Wireless Telecommunications 
Bureau 

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3843A1.doc

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