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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) NORTH BROWARD MEDICAL CENTER ) BROWARD GENERAL MEDICAL CENTER ) AND CORAL SPRINGS MEDICAL CENTER) ) Petition for Permanent Waiver For Special) Emergency Radio Service Paging Facilities on) 453.025 MHz and 453.075 MHz in the Northern) Broward County, Florida Area ) ORDER Adopted: February 1, 1999 Released: February 2, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. We have before us a Petition for Permanent Waiver (Waiver Petition) filed November 25, 1997, by three hospitals, North Broward Medical Center, Broward General Medical Center and Coral Springs Medical Center, collectively, the North Broward Hospital District Hospitals (NBHD Hospitals), for a permanent waiver of Sections 90.20(d)(60) and 90.22 of the Commission's Rules. Specifically, the NBHD Hospitals seek a permanent waiver so that they may continue to operate their one-way medical paging systems on 453.025 MHz and 453.075 MHz in Northern Broward County, Florida. The NBHD Hospitals acknowledge that without a waiver, they will have to vacate their current frequencies because the frequencies have been reallocated to the Emergency Medical Radio Service (EMRS). The NBHD Hospitals contend that they meet the Commission's criteria for a permanent waiver for their medical paging systems. Based on the record in this proceeding, we conclude that NBHD Hospitals' Waiver Petition should be granted. II. BACKGROUND 2. Emergency Medical Radio Service Report and Order. On January 14, 1993, the Commission established the Emergency Medical Radio Service (EMRS) as a new Public Safety Radio Service (PSRS). The EMRS was created as a discrete radio service to enhance the reliability of emergency medical radio communications by dedicating specific frequencies solely to life support related transmissions. The Commission reallocated thirty-nine VHF and UHF frequencies for EMRS use, and limited eligibility to persons or entities who provide basic or advanced life support services on an ongoing basis. Four of these frequencies were in the 453 MHz band and were previously assigned for one-way paging operations under the Special Emergency Radio Service (SERS). The International Municipal Signal Association and the International Association of Fire Chiefs, Inc. (IMSA/IAFC) were designated as the joint certified frequency coordinators for the EMRS because of their previous experience coordinating emergency medical communications. 3. In reassigning the four 453 MHz frequencies to the EMRS, the Commission recognized the concerns of existing SERS licensees on these channels and acknowledged that in certain situations an accommodation may be warranted to allow licensees to continue operating. Accordingly, it provided a process by which one-way medical paging systems operating on the subject frequencies may permanently remain on their existing frequencies through waiver of the Commission's Rules. Under this process, a paging system may be grandfathered if a licensee currently operating on a one-way paging channel demonstrates that: (1) adequate spectrum exists for emergency medical transmissions in its area of operation; (2) relocation of its medical paging system would not serve the public interest; or (3) relocation would significantly disrupt public safety communications. Licensees were provided a five-year period -- from January 14, 1993, through January 14, 1998 -- within which to request that their systems be grandfathered. Otherwise, licensees operating on these 453 MHz frequencies were required to cease one-way medical paging operations after January 14, 1998. 4. Waiver Grants. On February 8, 1996, the Commission released a Memorandum Opinion and Order reaffirming its decision to establish the EMRS and reallocate thirty-nine SERS frequencies for emergency medical communications. The Commission stated that the record supported the need for additional spectrum for emergency medical use because the substantial increase in the demand for emergency medical service frequencies nationwide significantly overburdened existing frequencies. In carefully balancing the competing interests of various parties, the Commission concluded that the needs of emergency medical service providers warranted priority. Further, the Commission granted a request by ProNet, Inc. (ProNet) to permanently waive mandatory reassignment of 453.125 MHz in the greater Chicago metropolitan area to EMRS. The Commission concluded that although ProNet was only required to meet one criterion, it met all the established criteria. ProNet demonstrated, with findings from a study of spectrum usage (Trott Study), that existing emergency medical service channels in the Chicago area displayed virtually no congestion, and that its SERS system was intensely utilized. For instance, Trott Study indicated that ProNet used 453.125 MHz to transmit paging messages 95% of the available time from 7:00 a.m. to 9:00 p.m. on a daily basis. The Commission noted that ProNet's migration to another channel would involve significant cost, and, because of ProNet's intense use of 453.125 MHz, such migration would likely cause disruption to public safety communications, i.e., medical alert operations. Thus, the Commission concluded that relocation of ProNet's system would not serve the public interest. 5. Subsequent to the Commission's adoption of the EMRS MO&O, Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, Inc. (Kaiser) requested a Permanent Waiver to grandfather its existing SERS paging system operating on 453.025 MHz in the Southern California area. In granting Kaiser's request, the Wireless Telecommunications Bureau (Bureau) found that requiring Kaiser to convert to another paging frequency would pose unnecessary risks to essential medical paging communications. The Bureau noted there was adequate alternative spectrum for EMRS communications in the metropolitan area where Kaiser operated its system. In another case, New York Hospital - Cornell Medical Center (NYH-CMC), the Bureau also granted a request for a permanent waiver, acknowledging the costs that the applicant would sustain in the conversion to another frequency, and based on the fact that there would be unnecessary risks to essential medical paging communications without significant concomitant public interest benefits. 6. Waiver Petition. On November 24, 1997, the NBHD Hospitals filed their Waiver Petition. The NBHD Hospitals provide primary, school, and home health care, hospice, urgent and extended care, children's diagnostic and treatment services, doctor's office services, and other community health and informational services. They currently operate SERS paging stations on 453.025 MHz and 453.075 MHz, serving 425 pagers that are used for medical emergencies at the hospitals. These emergencies involve communications with cardiac arrest, trauma, and disaster response teams. When warranted, pagers are also used for summoning physicians and "on call" staff to care for critically ill patients. In addition, the paging systems are used by the NBHD Hospitals for administrative and other routine purposes. III. DISCUSSION 7. To obtain a waiver of the frequency reassignment implemented by the EMRS Report and Order, a petitioner is required to meet any one of three established criteria. As discussed below, the NBHD Hospitals have met the requisite showing, not only on one criterion but on all three criteria, for the granting of its request. 8. Adequate spectrum exists for emergency medical transmissions in the areas of operation of NBHD. The NBHD Hospitals retained Trott Communications Group, Inc. (The Trott Group) to study the use of certain frequencies in the northern Broward County area. The Trott Group monitored usage over a four- day period of ten paired 462/463 MHz EMRS channels transmitting in the vicinity of the NBHD Hospitals. It found that the subject frequencies were unused, on average between 94% and 99% of the available channel time. Of the ten channels in the study, six had average usage below 2%. According to The Trott Group, peak usage ranged from 6% to 15%, with eight channels having peaks below 10%. The Trott Group also monitored the four 453 MHz EMRS channels. It found that usage of those frequencies was similarly low. According to the study, they are unused, on the average, from 96% to almost 100% of the time. The Trott Group further indicated that peak usage for the 453 MHz channels ranged from 1.6% to only 12%, with two of the channels having peaks below 2%. In view of this data, it appears that there is adequate spectrum remaining to meet the communication needs of EMRS entities in the vicinity of the NBHD Hospitals even with the NBHD Hospitals' continued operation of their one-way medical paging systems on 453.025 and 453.075 MHz in Northern Broward County, Florida. 9. Relocation of NBHD Hospitals' paging systems would not be in the public interest. The NBHD Hospitals argue that moving to one or more new frequencies would involve major changes in their paging systems and would cost between $130,000 and $370,000. In addition to being costly, the NBHD Hospitals state that it would be a logistical nightmare and would divert substantial resources that otherwise could be used for providing medical care. According to the hospitals, the conversion to other frequencies for their paging operations would be extremely disruptive for doctors, nurses and staff personnel, and, inevitably would result in lost pages during the period of transition from the current frequencies to other frequencies. Given such potential for disruption of service, the cost of the conversion to other frequencies and the fact that there is adequate spectrum in their areas to meet the communications needs of EMRS users, we believe that the NBHD Hospitals has demonstrated that relocation of the three paging systems would not be in the public interest. 10. As stated above, the NBHD Hospitals state that to move their paging systems would be extremely disruptive for doctors, nurses, and associated staff in that, during the moves, some pages in all likelihood would be lost. In addition, the NBHD Hospitals argue that moving the paging systems is not necessary. Again, the hospitals submit that there is sufficient EMRS spectrum in the vicinity of the hospitals to accommodate present usage and future growth. For the reasons stated in the Waiver Petition, the NBHD Hospitals argue that they have satisfied the criteria required for grant of the waiver request. Based on the record in this proceeding, we find that the NBHD Hospitals have demonstrated that adequate spectrum exists for emergency medical transmissions in their area of operation and relocation of their paging systems would not be in the public interest. IV. CONCLUSION 12. We conclude that NBHD Hospitals have met the requirements established in the EMRS Report and Order for the permanent grandfathering of their one-way medical paging systems. Therefore, we grant their request for permanent waiver and permit the three hospitals to continue operating their medical paging systems on frequencies 453.025 MHz and 453.075 MHz in Northern Broward County, Florida. This action serves the public interest because NBHD Hospitals' migration to other paging frequencies would pose unnecessary risks to essential paging communications without significant concomitant public interest benefits, and because alternative spectrum for EMRS communications exists within the vicinity of the three hospitals. V. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to the authority contained in Section 4(i) and (j) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and (j), and Section 90.151 of the Commission's Rules, 47 C.F.R.  90.151, that the Petition for Permanent Waiver of Sections 90.20(d)(60) and 90.22, filed by NBHD on November 25, 1997, to continue operating paging stations KNIW276, KAA427, and WNHW496 in Northern Broward County, Florida IS GRANTED. 14. This action is taken under delegated authority pursuant to Section 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.  0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau j:\prd\depont\nobrow3.mjd edited flt - 12-17-98 edited rem - 1-20-99 edited mjd - 1-21-99 edited mjd - 2-1-99