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Port Authority of New York Request for Waiver of Sections 90.157

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Released: October 29, 2013
Federal Communications Commission
Washington, D.C. 20554
October 29, 2013

DA 13-2089


VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Mr. Darrell Buchbinder
General Counsel
Port Authority of New York and New Jersey
225 Park Avenue South, 15th Floor
New York, New York 10003
Re:

In the Matter of the Port Authority of New York and New Jersey
Request for Waiver of Sections 90.157 of the Commission’s Rules

Dear Mr. Buchbinder:
On behalf of the Port Authority of New York and New Jersey (Port Authority), you filed a
request for waiver1 of Section 90.157 of the Commission’s rules,2 seeking a one-year extension to
construct the stations listed in the attachment to this letter (collectively, World Trade Center Stations).3
For the reasons stated below, we grant, nunc pro tunc, the request for extension of waiver, until
September 10, 2014. Accordingly, the Port Authority will have until no later than September 10, 2014,

1 Request for Extension of Waiver of Sections 90.157 of the Commssion’s [sic] Rules (dated Aug. 4, 2013) (Waiver
Request).
2 47 C.F.R. §§ 90.157, 101.65(b). Pursuant to Sections 90.157, any station which has not been operated for one year
or more is considered to have been permanently discontinued and is therefore subject to cancellation. Id.
3 In ten prior instances, the former Public Safety and Private Wireless Division of the Wireless Telecommunications
Bureau, the former Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau,
the Policy Division of the Public Safety Homeland Security Bureau or the Policy and Licensing Division of the
Public Safety Homeland Security Bureau (collectively, Division) granted similar Port Authority requests for waiver.
See Port Authority of New York and New Jersey, Order, 17 FCC Rcd 16784 (WTB PSPWD 2002) (2002 Order);
Port Authority of New York and New Jersey, Order, 18 FCC Rcd 19243 (WTB PSPWD 2003); Letter dated Nov.
10, 2004 from Michael J. Wilhelm, Chief, Public Safety and Critical Infrastructure Division, to Jeffrey S. Green,
General Counsel, Port Authority of New York and New Jersey; Letter dated Aug. 10, 2006 from Michael J.
Wilhelm, Chief, Public Safety and Critical Infrastructure Division, to Darrell Buchbinder, General Counsel, Port
Authority of New York and New Jersey; Port Authority of New York and New Jersey, Letter Order, 23 FCC Rcd
1753 (PSHSB PD 2008); Port Authority of New York and New Jersey, Letter Order, 23 FCC Rcd 16622 (PSHSB
PD 2008); Port Authority of New York and New Jersey, Letter Order, 24 FCC Rcd 14426 (PSHSB PD 2009); Port
Authority of New York and New Jersey, Letter Order, 25 FCC Rcd 17555 (PSHSB PD 10) (Letter dated Nov. 16,
2011, from Thomas J. Beers, Chief, Policy and Licensing Division, to Darrell Buchbinder, General Counsel, Port
Authority of New York and New Jersey); Letter dated September 7, 2012, from Thomas J. Beers, Chief, Policy and
Licensing Division, to Darrell Buchbinder, General Counsel, Port Authority of New York and New Jersey (2012
Letter
). In each instance, the Division granted the Port Authority an additional one-year period to complete
construction of its World Trade Center Stations.

Page 2
to construct and return the World Trade Center Stations to operational status without forfeiting the
licenses for permanent discontinuance of operation, pursuant to Section 90.157.4
Consistent with the Commission’s rules, the waiver request demonstrates that unique and unusual
circumstances caused the discontinuance of operations of the World Trade Center Stations, namely, the
terrorist attacks of September 11, 2001.5 Moreover, given the fact that the World Trade Center Stations
will continue to serve an integral role in the extensive network of transportation, terminal, and
commercial facilities throughout the New York metropolitan area, especially for public safety
communications, we find that grant of the waiver request is in the public interest.6
Additionally, the Port Authority demonstrates not only that it will continue to require use of the
World Trade Center Stations, but also that it continues to proceed diligently and at an accelerated pace to
reconstitute its destroyed radio communication facilities located at the World Trade Center.7 The
remaining facilities for which the instant waiver extension is necessary concern Part 90 radio stations that
the Port Authority plans to restore to operation pending reconstruction of the World Trade Center site.8
The Part 101 stations that were included in previous waiver requests are not part of the instant waiver
request or any similar request.9 On September 27, 2013, Zenji Nakazawa and Tracy Simmons from the
Commission’s staff spoke with principals from the Port Authority and confirmed that radio authorizations
for call signs WNEE495, WNEE496, WNEE497, WNEK376, WNEK377, and WPNI363 will be allowed
to lapse and the frequencies will reenter the pool of available frequencies. In light of these showings, we
believe that grant of the waiver request is warranted.
In the 2002 Order, we concluded that a fixed waiver term was 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.”10 In the 2012 Letter we again
concluded that, in balancing the Port Authority’s continued need for additional time to bring facilities
back into operation and the need of other public safety entities for spectrum, a further extension of
waiver originally granted in the 2002 Order, until September 10, 2013, was in the public interest.11

4 The grant of this Waiver Request does not relieve the Port Authority from applying for a renewal of license for any
World Trade Center Station listed in the attachment prior to the expiration date of the license. See 47 C.F.R.
§ 1.949(a). Moreover, any renewal application submitted for a World Trade Center Station subject to grant of this
Waiver Request will be held in pending status until the extended construction period granted herein is expired. See
County of Beaver, Memorandum Opinion and Order, 18 FCC Rcd 18754, 18758 ¶ 13 (WTB PSPWD 2003)
(renewal application for unconstructed station held in pending status until the extended construction period grant is
expired).
5 See 47 C.F.R. § 1.925(b)(3)(ii).
6 Id.
7 Waiver Request at 2-4, 6. The Port Authority states that its efforts have involved the relocation of certain facilities
to other sites, on either a temporary or permanent basis, the establishment of new facilities, and planning for the
reconstruction of facilities at the World Trade Center site when a suitable structure becomes available. Id. at 2. The
Port Authority also states that it projects to restore radio communication facilities following completion of several
component structures of the World Trade Center Site. Id. at 3-4.
8 Waiver Request at 3-4.
9 Id. at 4.
10 2002 Order, 17 FCC Rcd at 16786 ¶ 6.
11 2012 Letter at 2.

Page 3
Similarly, we conclude here that, in balancing the Port Authority’s continued need for additional time to
bring facilities back into operation and the need of other public safety entities for spectrum, a further
extension of waiver originally granted in the 2002 Order, until September 10, 2014, is in the public
interest. Grant of the waiver request will enable the Port Authority to plan, construct and place into
operation its stations and, at the same time, ensure that scarce spectrum is utilized to enhance public
safety radio communications at the World Trade Center site. We therefore conclude that the public
interest would be served by granting the Port Authority an extension of time to complete construction of
the World Trade Center Stations listed in the Attachment.12
Accordingly, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154(i) and 303(r), and Sections 1.925, 1.946(e), and 90.157, of the Commission’s
rules, 47 C.F.R. §§ 1.925, 1.946(e), and 90.157, we GRANT, nunc pro tunc, to the extent indicated
herein, the Request for Extension of Waiver of Section 90.157 of the Commission’s rules, filed by the
Port Authority of New York and New Jersey.
We take this action under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission’s rules, 47 C.F.R. §§ 0.191 and 0.392.
Sincerely,
Thomas J. Beers
Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau

12 Our action herein does not preclude the Port Authority from requesting additional time should circumstances so
warrant.

Page 4

ATTACHMENT

Table 1: Tabulation of Affected Radio Stations Authorized Under FCC Part 90

Geographic

Radio

Radio

Affected

Coordinates

Authorization

Expiration

Service

Location

N.Lat/W.Long

Frequency

Call Sign

Date

Code

Number

(NAD83)
(MHz)
40-42-43.4
KGU999
1/14/2012
PW
1
074-00-47.5
150.99500
40-42-43.4
KGU998
1/14/2012
PW
1
074-00-47.5
151.11500
40-42-39.4
470.56250
KVN780
10/23/2014
PW
2
074-00-43.5
470.58750
40-42-39.4
KVN779
10/23/2014
PW
1
074-00-43.5
470.61250
40-42-41.4
WPDU923
11/18/2013
PW
1
074-00-43.5
453.65000

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