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PSHSB Seeks Comment on Florida TIS Waiver Request

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Released: January 15, 2014

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-42

Released: January 15, 2014

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON STATE OF

FLORIDA’S REQUEST FOR WAIVER OF TRAVELERS’ INFORMATION STATION

DISTANCE REQUIREMENT

File No. 0005642517

Comments Date: February 14, 2014
Reply Comments Date: March 3, 2014

The Commission’s Public Safety and Homeland Security Bureau (Bureau) seeks comment on the
above-captioned waiver petition (Petition) filed on May 19, 2013 by the State of Florida (Florida).1 On
February 27, 2013, Florida applied for a license to operate two Travelers’ Information Stations (TIS)2 in
Fort Lauderdale, on 1660 kHz, at the intersections of I-595 and 112th Ave., and I-595 and Highway 441,
respectively.3 On March 13, 2013, the Commission returned Florida’s application because it did not
“provide the contour studies used to make the certification that shows you meet rule 90.242(a).”4 Florida
then filed its Petition, which, pursuant to Section 1.925 of the Commission’s rules,5 requests waiver of
Section 90.242(a)(2)(i) of the Commission’s rules.6
Section 90.242(a)(2)(i) requires, in relevant part:
A statement certifying that the transmitting site of the Travelers' Information Station will be
located … at least 130 km (80.6 miles) outside the measured 0.5 mV/m daytime contour (0.1
mV/m for Class A stations) of any AM broadcast station operating on the same channel, or, if


1 See “Request for Waiver,” in Universal Licensing System, Public Safety Pool, Conventional - 0005642517 -
FLORIDA, STATE OF, Administration (filed May 9, 2013) (Petition).
2 Public Safety licensees may use TIS frequencies to transmit on the AM broadcast band (530-1700 kHz) non-
commercial voice information pertaining to traffic and road conditions, traffic hazards and travel advisories,
directions, availability of lodging, rest stops and service stations, and descriptions of local points of interest. 47
C.F.R. § 90.242(a).
3 See Universal Licensing System, Public Safety Pool, Conventional - 0005642517 - FLORIDA, STATE OF,
History. See also “Statement of Eligibility,” in id., Administration.
4 See, “Notice of Return,” in id., Administration.
5 47 C.F.R. § 1.925. We note that Florida cites to section 1.3 of the Commission’s rules. However, because the
application at issue is for a license in the Wireless Radio Service, section 1.925 provides the applicable waiver
standard.
6 47 C.F.R. § 90.242(a)(2)(i).

nighttime operation is proposed, outside the theoretical 0.5 mV/m-50% nighttime skywave
contour of a U.S. Class A station.
In its Petition, Florida states that it has determined that its proposed TIS stations would be located
approximately 35 miles from the 0.5 mVm contour of AM station WCNZ on Marco Island, Florida, also
operating on 1660 kHz.7 Because the proposed TIS stations would operate less than 80.6 miles from the
0.5 mV/m contour of co-channel AM station WCNZ, Florida seeks a waiver of Section 90.242(a)(2)(i).
In support of its Petition, Florida states that its requested waiver “would serve the underlying
purpose of the rule. The purpose of the [TIS] rules is to protect AM radio stations from interference while
allowing [TIS] stations to be operated by highway administrations to provide essential safety information
to vehicles on the highways.”8 According to Florida, its proposed locations are “sufficient in this case to
ensure that no interference occurs.”9 Florida states that its coverage map shows that WCNZ is located on
the West Coast of Florida, in the Fort Myers-Naples, Florida Designated Market Area (DMA), and that
the proposed TIS stations would be located on the East Coast of Florida, to serve the I-595 corridor in the
Miami-Fort Lauderdale DMA.10 Therefore, according to Florida, “notwithstanding the coverage map, the
proposed [TIS] station is well outside the service area of WCNZ.”11
Florida further states that “[l]istening tests were conducted at the proposed location for the TIS
and in the area nearby and station WCNZ could not be heard.”12 Florida attributes this to the fact that
WCNZ “is a 10 kW station located on the other side of the State approximately 80 miles from the
proposed location of Florida’s TIS stations, so that the area of interest is outside the WCNZ 0.14 mV/m
fringe area” and that the “densely-populated Miami-Fort Lauderdale DMA has many sources of noise and
interference on the AM band.”13
In addition, Florida notes that the proposed TIS stations will be used by the State of Florida
Highway Administration to serve traffic on I-595, a major artery, within a hurricane impact zone where
travelers' information service is essential for public safety.14 Florida indicates that State of Florida
Highway Administration has selected 1660 kHz for TIS service in this area and has made a substantial
investment in signage directing travelers to keep their radios tuned to 1660 kHz for travelers'
information.15


7 Petition at 1. By the Bureau’s calculations, one of Florida’s proposed transmitters would operate at approximately
37 miles from the closest point of the WCNZ contour, and the other would operate at approximately 43 miles from
the closest point of the WCNZ contour.
8 Id. at 2.
9 Id.
10 Id. at 1.
11 Id.
12 Id. at 2.
13 Id.
14 Id.
15 Id.
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Finally, Florida states that grant of its request “will serve the public interest as it will allow the
State … to provide a Traveler’s Information Station service to the motoring public on a major roadway in
the Miami-Fort Lauderdale DMA.”16
Interested parties may file comments on or before February 14, 201417 and reply comments on or
before March 3, 2014.18 Parties may file comments and replies electronically19 or by paper.
All comments and reply comments should reference the subject Petition and the DA number
indicated on this Public Notice. Comments may be filed: (1) electronically by accessing the applicant’s
file number(s) in the Commission’s Universal Service Licensing System (ULS),20 or (2) by filing paper
copies.
Electronic Filers: Pleadings may be submitted electronically as follows:
·
From the ULS website at http://wireless.fcc.gov/uls/, begin the process of submitting a
pleading by clicking on the “ULS Pleadings” link in the menu on the lower left side of the
ULS web page. The link will take you to the “Pleading Information” screen for “Non-
docketed Pleadings” where you select “Reply” in the drop-down window for the type of
pleading and then enter the pleadings filer information. Completion of the contact
information is optional. Upon completion of this screen, please note the instructions for the
filing: “Pleadings must be dated and must include a signature, in this instance an electronic
signature, and the address and phone number of the signing party
.”21 Click on
“CONTINUE.”
·
The second step is to complete the File Numbers/Call Signs screen. Click if the pleading
pertains to a File Number or Call Sign and enter the File Number or Call Sign.22 Please note
that you must enter a File Number or Call Sign to continue. If the pleading pertains to
multiple applications or licenses, you must enter each File Number or Call Sign as
appropriate. After clicking the “SUBMIT” button, the screen will update to show all the File
Numbers/Call Signs associated with the pleading. At this time, you may delete selected File
Numbers/Call Signs from the page before continuing.
·
The third step is to complete the Attach File screen to attach the pleading document. Use the
drop down box to select Pleading or Confidential Pleading. The “BROWSE” button opens a
file upload window where you will locate and select your pleading file. The Description field
allows you to enter a brief description for the pleading. Click the “ADD ATTACHMENT”
button to upload your pleading. You may submit up to thirty files for each pleading but each


16 Id.
17 47 C.F.R. § 1.405.
18 Id.
19 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
20 See “Wireless Telecommunications Bureau Enhances the Commission’s Universal Licensing System to
Implement Electronic Filing for Pleadings,” Public Notice, 21 FCC Rcd 424 (WTB 2006). See
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-125A1.pdf.
21 See 47 C.F.R. Part 1.
22 The file number of Florida’s application is listed beneath the title of this Public Notice.
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file must be smaller than 10 MB in size. You also have the opportunity to delete any selected
file from the pleading.
·
Finally, to complete your electronic pleading submission, click on the “SUBMIT
PLEADING” button and the Confirmation screen will be displayed. The Confirmation
screen will display your Confirmation Number as well as your entered pleadings information.
You may print this page for your records by selecting the Print Page link at the top of the
page and have the option of submitting another pleading or returning to the ULS website by
selecting a link at the bottom of the page.
The ULS Application and License Search results will display pleadings under the ADMIN tab
when a comment or reply comment has been filed. Users can view the pleading by clicking on the link
for the specific comment or reply comment in the Description field. The general public will not be able to
view confidential pleadings.
For additional information or assistance on how to file a comment or reply comment or other
relevant pleading, you may visit the Web at http://esupport.fcc.gov. You may also call the FCC ULS
Customer Support Center at (877) 480-3201 and select option 2, or (888) 225-5322 and select Option 2,
or (717) 338-2888. For TTY, please call (717) 338-2824. Assistance from the FCC ULS Customer
Support Center is available between the hours of 8 a.m. to 6:00 p.m. Eastern Time, Monday through
Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls to
FCC ULS Customer Support Center are recorded.
Paper Filers: Parties who choose to file by paper must submit an original and four copies of each
filing.
·
Send hand-delivered or messenger-delivered paper filings for the Commission’s Secretary to
FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing
hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands
or fasteners. Any envelopes and boxes must be disposed of before entering the building.
·
Send commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) to 9300 East Hampton Drive, Capitol Heights, M.D. 20743.
·
Send U.S. Postal Service first-class, Express, and Priority to 445 12th Street, SW,
Washington, D.C. 20554.
The application(s), waiver request, and comments and reply comments can be accessed
electronically via the Commission’s Universal Licensing System, http://wireless.fcc.gov/uls. The full text
of the Petition, comments and reply comments will be available for inspection and copying during
business hours at the FCC Reference Information Center, Portals II, 445 12th St. SW, Room CY-A257,
Washington, D.C. 20554. The documents may also be purchased from BCPI. Email fcc504@fcc.gov or
call the Consumer & Governmental Affairs Bureau, (voice) (202) 418-0530, (TTY) (202)-418-0432 to
request materials in formats accessible to people with disabilities, e.g. Braille, large print, electronic files,
audio format.
For further information regarding this proceeding contact Eric Ehrenreich, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, (voice) (202) 418-1726 or
Eric.Ehrenreich@fcc.gov.
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