*Pages 1--9 from Microsoft Word - 17781* Federal Communications Commission DA 99- 356 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) ALVARADO HOSPITAL MEDICAL CENTER, ) BONNER GENERAL HOSPITAL, INC., ) MERCY HEALTHCARE SACRAMENTO, ) METHODIST HOSPITAL, ) ST. VINCENT MEDICAL CENTER, AND ) UNIVERSITY OF TENNESSEE MEDICAL ) CENTER ) ) Requests for Permanent Waiver For Special ) Emergency Radio Service Paging Facilities on ) 453.025, 453.075, 453.125 and 453.175 MHz in ) San Diego, California; Bonner County, Idaho; ) Carmichael, California; Philadelphia, Pennsylvania; ) Los Angeles, California; and Knoxville, Tennessee. ) ORDER Adopted: February 25, 1999 Released: February 26, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. We have before us Requests for Waiver filed by Alvarado Hospital Medical Center, Bonner General Hospital, Inc., Mercy Healthcare Sacramento, Methodist Hospital, St. Vincent Medical Center, and the University of Tennessee Medical Center, asking that the Commission grandfather their existing Special Emergency Radio Service (SERS) 1 paging systems operating on certain 453 MHz frequencies. Each of these six hospitals contends that it meets at least one criterion for a permanent waiver to permit the continued operation of such systems. Specifically, the hospitals contend that relocation of their respective paging systems would disrupt public safety communications. Based on the record in each of these matters, we conclude that these Requests for Waiver should be granted. 1 Twenty private land mobile radio services recently were consolidated into two pools -- one for Public Safety (including SERS) and one for Industrial/ Business. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, PR Docket No. 92- 235, Second Report and Order, 12 FCC Rcd 14307 (1997). Prior to consolidation, SERS was not a Public Safety service. Rather, SERS covered such categories as medical services, rescue organizations, veterinarians, persons with disabilities, disaster relief organizations, and school buses, and it comprised Subpart C of Part 90 of the Commission's Rules, 47 C. F. R. Part 90, Subpart C. 1 Federal Communications Commission DA 99- 356 2 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). 2 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. 3 The Commission reallocated 39 VHF and UHF frequencies for EMRS use, 4 and limited eligibility to persons or entities who provide basic or advanced life support services on an ongoing basis. 5 Four of these frequencies, 453.025/. 075/. 125/. 175 MHz, were previously assigned for one- way paging operations under SERS. 6 The International Municipal Signal Association and the International Association of Fire Chiefs, Inc. (IMSA/ IAFC) were designated as the joint certified frequency coordinator for the EMRS because of their previous experience coordinating emergency medical communications. 7 3. In reassigning the four 453 MHz frequencies for EMRS use, 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. 8 It, therefore, 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. 9 Under this process, a paging system may be grandfathered if a licensee currently operating on a one- way paging channel demonstrates that either: (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; 10 or (3) relocation would significantly disrupt public safety communications. 11 Licensees were provided a five- 2 In the Matter of Amendment of Part 90 of the Commission's Rules to Create the Emergency Medical Radio Service, PR Docket No. 91- 72, Report and Order, 8 FCC Rcd 1454, 1455 (1993) (EMRS Report and Order). 3 The EMRS is no longer a separate private land mobile service. Rather, emergency medical radio communications are included in one of the two pools of private land mobile frequencies, i. e., the Public Safety pool See para. 2 note 1, supra. 4 EMRS Report and Order, 8 FCC Rcd 1454, 1458- 60. 5 Id. at 1456. 6 Id. at 1457. These frequencies previously were shared with the Local Government Service in the Pubic Safety Radio Services for highway call box operation. Highway call box operations existing on the adoption date of the EMRS Report and Order were indefinitely grandfathered. Id. at 1457, n. 38. 7 Id. at 1460. 8 Id. at 1459. 9 Id. 10 One method of meeting this criteria would be to demonstrate that there is no reasonable alternative channel for the subject paging system. Id. 11 Id. 2 Federal Communications Commission DA 99- 356 3 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. 12 4. Waiver Grants. On February 8, 1996, the Commission released a Memorandum Opinion and Order reaffirming its decision to establish the EMRS and reallocate 39 SERS frequencies for emergency medical communications. 13 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. 14 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. 15 The Commission concluded that although ProNet was only required to meet one criterion, it met all the established criteria. 16 ProNet demonstrated, with findings from a study of spectrum usage (Trott Study I), that existing emergency medical service channels in the Chicago area displayed virtually no congestion, 17 and that ProNet's SERS system was intensely utilized. 18 The Commission noted that ProNet's migration to another channel other than ProNet's 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. 19 5. On March 19, 1998, the Wireless Telecommunications Bureau (Bureau) granted Petitions for Permanent Waiver filed by Kaiser Foundation Hospitals/ Kaiser Foundation Health Plan, Inc. (Kaiser), and New York Hospital- Cornell Medical Center (NYH). 20 In the Kaiser case, the Bureau concluded that permanently grandfathering Kaiser's paging system on 453.025 MHz would avoid not only a considerable expenditure of resources, but would prevent interruption of these important communications. 21 Further, a study by Trott Communications Groups, Inc. (Trott Study II), submitted by Kaiser, demonstrated that without the availability of 453.025 MHz there was sufficient EMRS spectrum in the Southern California metropolitan area to meet existing needs. 22 The Bureau also concluded that considering the significant 12 Id. 13 In the Matter of Amendment of Part 90 of the Commission's Rules to Create the Emergency Medical Radio Service, PR Docket No. 91- 72, Memorandum Opinion and Order, 11 FCC Rcd 1708, 1709 (1996) (EMRS MO& O). 14 Id. 15 Id. at 1711. 16 Id. 17 Id. at 1710. 18 Id. at 1711. 19 Id. 20 In the Matter of Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, Inc., 13 FCC Rcd 5294 (1998) ( Kaiser); In the Matter of The New York Hospital - Cornell Medical Center, 13 FCC Rcd 5301 (1998) ( NYH). 21 Kaiser, 13 FCC Rcd at 5298. 3 Federal Communications Commission DA 99- 356 4 conversion costs, relocation of Kaiser's system would disserve the public interest. 23 6. In NYH, the Bureau concluded that granting the waiver request would prevent interruption of important communications because it would avoid the need to obtain new equipment and implement a process for switching to a new frequency. 24 Also, a study of frequency utilization (Trott Study III) indicated that adequate spectrum remained to meet the needs of EMRS entities in New York City even with NYH's continued use of 453.025 MHz. The study also indicated that usage levels on other SERS and Business Radio Service frequencies considered as potential "replacement" channels was so high that that spectrum was insufficient to support the added volume of NYH's pagers. 25 The Bureau held that both Kaiser and NYH met the requisite showing for grant of their waiver requests. 26 7. Subject Waiver Requests. In January of 1998, Alvarado Hospital Medical Center, Bonner General Hospital, Inc., Mercy Healthcare Sacramento, Methodist Hospital, St. Vincent Medical Center, and the University of Tennessee Medical Center filed Waiver Requests seeking to continue their medical paging operations on the subject 453 MHz frequencies. 27 All these hospitals assert that relocation of their paging operations to frequencies other than those on which they are currently operating would significantly disrupt public safety communications; thus, warranting permanent grandfathering of their paging systems. III. DISCUSSION 8. 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. 28 As discussed below, we find that all six hospitals have made the requisite showing as to whether their requests should be granted. 9. Alvarado Hospital Medical Center. On January 15, 1998, Alvarado Hospital Medical Center (Alvarado Hospital) filed a Request for Waiver (Alvarado Hospital Waiver) to continue its medical paging operations on 453.125 MHz. 29 The hospital has indicated that 453.125 MHz is required for its in- house emergency paging needs. Specifically, Alvarado Hospital asserts that its Code Blue Team depends on this paging system so that its staff can respond to life threatening emergencies such as a patient in cardiac arrest. 30 As a result, it contends that any delay in alerting critical care hospital personnel can have disastrous 22 Id. 23 Id. at 5299. 24 NYH, 13 FCC Rcd at 5304. 25 Id. at 5305. 26 Kaiser, 13 FCC Rcd at 5297 ; NYH , 13 FCC Rcd at 5304. 27 Licensees who filed timely waiver requests have been permitted to continue operations until resolution of their requests. Licensees who filed waiver requests after the deadline of January 14, 1998, were only permitted to continue operations after first receiving Special Temporary Authority (STAs). 28 See para. 3 supra. In addition, the Commission has an obligation to seek out the public interest in particular matters and individualized situations. See WAIT Radio v. FCC, 418 F. 2d 1153, 1157 (D. C. Cir. 1969). 29 Alvarado Hospital Waiver at 1. Alvarado Hospital's authorized base station for 453.125 MHz is WNJ1921. 30 Id. 4 Federal Communications Commission DA 99- 356 5 consequences. Alvarado Hospital asserts that the hospital has tried other communications avenues in the past and those attempts proved unreliable. 31 We believe that granting Alvarado Hospital's waiver request to grandfather its paging system on 453.125 MHz would prevent interruption of these vital communications because it would avoid the need to obtain new equipment and implement a process for switching to a new frequency. 32 We therefore conclude that Alvarado Hospital Medical Center has demonstrated that relocation of its paging system to a new frequency would significantly disrupt public safety communications. 33 10. Bonner General Hospital, Inc. On January 14, 1998, Bonner General Hospital, Inc. (Bonner General) filed a Request for Waiver (Bonner General Waiver) to continue to operate one- way medical paging operations on a permanent basis on frequency 453.025 MHz. 34 Bonner General is the sole community provider of acute and emergency medical services for Bonner County in northern Idaho. The hospital is using the subject paging system to alert, on an emergency basis, its medical staff that their services are needed to aid victims of accidents and disasters. 35 Bonner General asserts that relocation of its paging operations to a frequency other than its current one would be an undue hardship for both the hospital and the community because it would cause disruption of communications services. Thus, the hospital submits, permanent grandfathering of its medical paging operations would avoid the impairment of public safety communications in and the well being of the residents of Bonner County, Idaho. 36 Thus, we conclude that Bonner General Hospital, Inc. has demonstrated that relocation of its paging operations would significantly disrupt public safety communications. 37 11. Mercy Healthcare Sacramento. On January 14, 1998, Mercy Healthcare Sacramento (Mercy Healthcare) filed a Request for Waiver (Mercy Healthcare Waiver) to continue to operate its medical paging operations on a permanent basis on frequency 453.075 MHz. 38 Mercy Healthcare is the owner and operator of Mercy American River/ Mercy San Juan Hospital with two locations in Carmichael, California. Mercy Healthcare states that its medical paging operations, located at Mercy American River Hospital, are used for essential and emergency hospital communications and to summon medical personnel, especially in emergency situations. 39 Mercy Healthcare asserts that, as there are no reasonable alternative channels for its use, failure to receive a waiver would result in discontinuance of its one- way medical paging operations. 40 It 31 Id. 32 See Kaiser, 13 FCC Rcd at 5297- 98; NYH, 13 FCC Rcd at 5304. 33 See id. 34 Bonner General Waiver at 1. Bonner General's authorized base station for 453.025 MHz is KNAO455. 35 Id. 36 Id. 37 See Kaiser, 13 FCC Rcd 5297- 98 ; NYH , 13 FCC Rcd at 5304. 38 Mercy Healthcare Waiver at 1. Mercy Healthcare's authorized base stations for 453.075 MHz are WNWD486, WNXR513 and WPDE348. 39 Id. 40 Id. 5 Federal Communications Commission DA 99- 356 6 contends that this result would be contrary to the public interest. The hospital also asserts that the county operates the emergency medical service radio system for the geographical area and an adequate number of frequencies have already been assigned to the county for its use. 41 We, therefore, conclude that Mercy Healthcare Sacramento has demonstrated that its current paging operations should continue on a permanent basis; otherwise, public safety communications would be significantly disrupted. 42 12. Methodist Hospital. On January 12, 1998, Methodist Hospital filed a Request for Waiver to continue to operate its medical paging operations on a permanent basis on frequency 453.175 MHz. 43 Methodist Hospital is a community- based healthcare facility located in Philadelphia, Pennsylvania. It is a division of the Thomas Jefferson University Hospital also located in Philadelphia. Methodist Hospital's paging system is used by healthcare providers for emergency patient situations. 44 The hospital asserts that its financial resources are few, and it cannot afford the significant costs of converting to another frequency. 45 It also submits that relocation of its one- way medical paging operations could potentially endanger patient care and cause disruption within the hospital. 46 As a result, we conclude that Methodist Hospital should be granted a waiver of the Commission's rules on a permanent basis to avoid the significant disruption of public safety communications. 47 13. St. Vincent Medical Center. On January 20, 1998, St. Vincent Medical Center (St. Vincent Medical) filed a Request for Waiver (St. Vincent Medical Waiver) to continue to operate its medical paging operations on a permanent basis on frequency 453.125 MHz. 48 St. Vincent Medical states that it is the oldest hospital in Southern California and is a non- profit organization member of the Catholic Healthcare West organization based in San Francisco, California. Its one- way medical paging system operates approximately 250 pagers, and essentially is used for internal (campus- wide) purposes, such as summoning help in Code Blue (cardiac arrest) and Code Red (fire alarms) situations. 49 St. Vincent Medical asserts that relocation of its paging system to another frequency would cause significant disruption of the hospital's radio communications, as well as significant expenditures to accomplish the change to a new frequency. 50 The hospital also contends that the Los Angeles area has adequate spectrum for current EMRS transmission services, and notes that the Los Angeles County Medical Alert Center operates a wide area emergency 41 Id. 42 See Kaiser, 13 FCC Rcd at 5297- 98; NYH, 13 FCC Rcd at 5304. 43 Methodist Hospital Waiver at 1. Methodist Hospital's authorized base station for 453. 175 MHz is WNQH617. 44 Id. 45 Id. 46 Id. 47 See Kaiser, 13 FCC Rcd at 5297- 98; NYH, 13 FCC Rcd at 5304. 48 St. Vincent Medical Waiver at 1. St. Vincent Medical's authorized base station for 453.125 MHz is WNYI663. 49 Id. 50 Id. 6 Federal Communications Commission DA 99- 356 7 medical radio service on 155.340 MHz that serves all the counties in Southern California. 51 As a result, we conclude that St. Vincent Medical Center has demonstrated that its current paging operations should be grandfathered to avoid disruption of public safety communications. 52 14. University of Tennessee Medical Center. On January 20, 1998, the University of Tennessee Medical Center (Tennessee Medical) filed a Request for Waiver (Tennessee Medical Waiver) to continue to operate its medical paging operations on a permanent basis on frequency 453.175 MHz. 53 The hospital's paging operations are located at the medical center. Tennessee Medical states that the system services approximately 2000 units including 300 physicians and numerous medical groups that provide trauma and code team alerts during critical times. 54 Tennessee Medical asserts that any relocation or changes in its assigned frequency could result in severe adverse situations during the transition period because of the critical nature of the communications. 55 The hospital also submits that, from its inquiries, it has determined that there is sufficient spectrum in the area for EMRS use. 56 Therefore, we conclude that granting Tennessee Medical's request that its medical paging operations be grandfathered will avoid any potential disruption of critical public safety communications. 57 IV. CONCLUSION 15. In sum, we conclude that the subject six hospitals have met the requirements established in the EMRS Report and Order for the permanent grandfathering of their SERS systems. Therefore, we grant their requests for permanent waiver and permit them to continue operating their one- way medical paging systems on the subject frequencies in the 453 MHz band. This action serves the public interest because the hospitals' migration to other paging frequencies would pose unnecessary risks to essential medical paging communications without significant concomitant public interest benefits. V. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED, pursuant to the authority of Section 4( i) of the Communications Act of 1934, as amended, 47 U. S. C. § 154( i), and Sections 1.925, 90.20( d)( 60), 90.22 of the Commission's Rules, 47 C. F. R. §§ 1.925, 90.20( d)( 60), 90.22, that the Requests for Waiver filed by Alvarado Hospital Medical Center, Bonner General Hospital, Inc., Mercy Healthcare Sacramento, Methodist Hospital, St. Vincent Medical Center, and University of Tennessee Medical Center to continue operating their paging stations on 453 MHz frequencies ARE GRANTED. 51 Id. 52 See Kaiser, 13 FCC Rcd at 5297- 98; NYH, 13 FCC Rcd at 5304. 53 Tennessee Medical Waiver at 1. Tennessee Medical's authorized base station for 453.175 MHz is WNLF822. 54 Id. 55 Id. 56 Id. 57 See Kaiser, 13 FCC Rcd at 5297- 98; NYH, 13 FCC Rcd at 5304. 7 Federal Communications Commission DA 99- 356 8 17. 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 8 Federal Communications Commission DA 99- 356 9 j:\ prd\ thyden\ 00alvado. 2 February 26, 1999 9