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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 ) ) CHILDREN'S MEDICAL CENTER ) DAYTON, OHIO ) ) Petition for Permanent Waiver For Special) Emergency Radio Service Paging Facilities on) 453.125 MHz in the Dayton, Ohio area) ORDER Adopted: March 19, 1999 Released: March 19, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION AND EXECUTIVE SUMMARY 1. We have before us a Petition for Permanent Waiver (Waiver Petition), filed December 23, 1997, by the Children's Medical Center (Children's), Dayton, Ohio, of Sections 90.20(d)(60) and 90.22 of the Commission's Rules, 47 C.F.R.  90.20(d)(60) and 90.22, in order that it may continue to operate its medical paging system on a permanent basis on frequency 453.125 MHz. Without the waiver, Children's would have to vacate its current frequency because that frequency has been reallocated for emergency medical use. Children's contends that it meets the Commission's criteria for permanent waiver for its medical paging system. Based on the record in this proceeding, we conclude that Children's 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 emergency medical 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 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 waive permanently 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, the Trott Study indicated that ProNet used 453.125 MHz to transmit paging messages ninety-five percent 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 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, 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 that the Commission grant a permanent waiver so as 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 switch to another paging frequency would pose unnecessary risks to essential medical paging communications. The Commission 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, based on the costs 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 December 23, 1997, Children's filed its Waiver Petition, requesting that a waiver be granted so that it could continue to operate its medical paging system on a permanent basis on frequency 453.125 MHz. Children's has approximately 1000 pagers in its system which are used for vital emergency communications with doctors, nurses and technicians who staff its hospital. In support of its waiver request, Children's notes that the new EMRS frequencies now available to it are extremely crowded and that calls to its ambulances and support staff on those frequencies would result in waits of up to five minutes. Children's argues that such waits are unforgiving in medical emergencies. III. DISCUSSION 7. Adequate spectrum exists for emergency medical transmissions in the area of operation of Children's. According to Children's, frequency 453.125 MHz is not used by another entity in the Dayton, Ohio area. Children's maintains that it has operated efficiently in the past and that it will continue to do so in the future. In addition, Children's submits a letter from the Division of Emergency Medical Services, Ohio Department of Public Safety, endorsing Children's request for the use of the frequency, provided that it did not interfere with any other local emergency medical service radio transmissions. In view of these showings, it appears that there is adequate spectrum in the Dayton area for emergency medical transmissions so that Children's may continue to use the frequency 453.125 MHz for its medical paging system to summon attending physicians and other "on call" staff to the bedsides of acute and critical patients. 8. Relocation of Children's medical paging system would not be in the public interest. Children's argues that migration to another frequency would impair its medical alert operations and thereby unnecessarily endanger the health and welfare of the public. Children's further states that conversion to an alternate frequency would cost the hospital a minimum of $25,000 in fixed equipment and replacement of 1,000 pagers. Given the fact that it would be costly for Children's to move its medical paging system and to replace its pagers, along with the fact that its current paging system is used for vital emergency communications with doctors, nurses and technicians on staff at Children's, we find that Children's has demonstrated that relocation of its medical paging system would not be in the public interest. 9. Relocation of Children's paging system would significantly disrupt public safety communications. Children's monitored the various frequencies available to it under the rules and found that those frequencies are so heavily loaded that calls to its ambulances and support staff would result in intolerable waits to get through if its paging system were relocated to such frequencies. Children's argues further that the critical and essential nature of its medical transmissions provides justification for a rule waiver. Thus, Children's contention is that relocation of the paging system would risk the public safety, would not serve the public interest, and is a useless exercise, especially in light of the fact that the frequency that it is required to give up is lying fallow in the Dayton area. IV. CONCLUSION 10. We conclude that Children's has met the requirements established in the EMRS Report and Order for the permanent grandfathering of its one-way medical paging system. Although only one criteria needed to be met, Children's met all three of the established criteria. Based on Children's stated associated costs in moving to another frequency, together with the congestion on the alternative frequency and the fact that frequency 453.125 MHz is not being used by anyone else in the Dayton area, we find that a waiver is warranted. Therefore, we grant its request for a permanent waiver and permit it to continue operating its medical paging system on the frequency 453.125 MHz in the Dayton, Ohio area. This action serves the public interest because Children's migration to another medical paging frequency would pose unnecessary risks to essential medical paging communications without significant concomitant public interest benefits. V. ORDERING CLAUSE 11. 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 90.125 of the Commission's Rules, 47 C.F.R.  90.125, that the Petition for Permanent Waiver of Sections 90.20(d)(60) and 90.22, filed by Children's Medical Center, to continue its medical paging station WQH353 in Dayton, Ohio IS GRANTED. 12. 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\chil5.mjd