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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 ) ) ALEXIAN BROTHERS HOSPITAL ) ) Petition for Permanent Waiver for Special) Emergency Radio Service Paging Facilities on) 453.175 MHz in San Jose, California.) ORDER Adopted: April 12, 1999 Released: April 12, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION AND EXECUTIVE SUMMARY 1. We have before us a Request for Waiver (Waiver Request), filed November 20, 1997, by Alexian Brothers Hospital (Alexian) of San Jose, California, asking that the Commission grandfather its existing Special Emergency Radio Service (SERS) paging system operating on 453.175 MHz in San Jose, California. Alexian contends that it meets the Commission's criteria for permanent waiver of its system. Based on the record in this proceeding, we conclude that its Waiver Request 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 transmissons. 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 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 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. 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. 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; or (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. 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 I), that existing emergency medical service channels in the Chicago area displayed virtually no congestion, and that ProNet's SERS system was intensely utilized. 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. 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). 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. 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. The Bureau also concluded that considering the significant conversion costs, relocation of Kaiser's system would not serve the public interest. 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. 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 were so high that such spectrum was not sufficient to support the added volume of NYH's pagers. The Bureau determined that both Kaiser and NYH met the requisite showing for grant of their waiver requests. 7. Alexian's Waiver Petition. On November 20, 1997, Alexian filed its request seeking waiver of Section 90.20(d)(60) and 90.22 of the Commission's Rules, so that it might continue to operate its paging system on frequency 453.175 MHz in San Jose, California. Alexian states that its paging system is used to alert nurses, clinical directors and others in the hospital and on the hospital grounds of emergency and patient care situations. The paging system also is used to alert various non-patient treatment department heads to major equipment malfunctions and physical plant problems. Such personnel are mobile around the hospital during the course of the day and their ability to be immediately reached is critical in order to ensure that the hospital can provide quality and emergency patient treatment. Alexian asserts that the public safety would be jeopardized if the waiver request is not granted because most of Alexian's paging transmissions concern critical, life-saving emergencies. Alexian also submits that there is more than adequate spectrum available in the immediate vicinity and that to relocate its paging system on alternative frequencies would be cost- prohibitive. 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. As discussed below, we find that Alexian has met the requisite showing as to whether its request should be granted. 9. Adequate spectrum exists for emergency medical transmissions. Alexian performed a radius search for 40 miles around its hospital and determined that there are forty-three frequencies allocated for EMRS with four or fewer base stations (453.025 MHz has four, including Alexian). Of the forty-three frequencies, fourteen have no base stations licensed within 40 miles of the hospital (150.79 MHz, 155.385 MHz, 453.175 MHz, 453.85 MHz, 458.025 MHz, 458.075 MHz, 458.125 MHz, 458.175 MHz, 458.35 MHz, 458.4 MHz, 458.85 MHz, 460.55 MHz, 462.95 MHz and 465.55 MHz). Alexian also determined that five frequencies have only a single transmitter (453.075 MHz, 453.35 MHz, 458.5 MHz, 458.55 MHz and 458.7 MHz. Alexian notes that the foregoing spectrum has been available to new EMRS licensees for such purposes for five years. Based upon the data provided, it appears that there is adequate spectrum in the San Jose, California area to meet the communications needs of EMRS entities, even if Alexian were to continue to use 453.175 MHz. 10. Relocation of Alexian's medical paging system would not serve the public interest. Based on representations in the Waiver Request, it appears that Alexian considered two spectrum alternatives. First, it considered frequencies in SERS, but discarded that idea because it would require a completely new paging system costing over $11,000. Second, Alexian considered using one of the 450 MHz Business Radio Service (BRS) frequencies. It states that recrystallization to a BRS paging channel would cost over $7,000. Further, Alexian notes that nine of the 450 MHz BRS paging frequencies are licensed to extensively built-out commercial paging operators and that its small, in-house paging system would be totally overwhelmed by the co-channel users. Alexian also asserts that most of its paging transmissions pertain to critical, life-saving emergencies and that such transmissions cannot be held up in a queue while the system waits for free air-time. Based upon the cost factors and critical emergency situations described in the Waiver Request, we conclude that the relocation of Alexian's medical paging system would not serve the public interest. 11. Relocation of Alexian's medical paging system would significantly disrupt public safety communications. Alexian's paging system serves to alert nurses and clinical directors in the hospital and on the hospital grounds to emergency and patient care situations. If the paging system were disrupted for even a brief period, Alexian's ability to provide proper care and treat emergency illnesses would be compromised. In addition, various non-patient treatment personnel use the paging system as a vital link to stay aware of major equipment malfunctions and physical plant problems. The need to reach such personnel immediately is critical in order that the hospital can continue to provide quality and emergency patient treatment. We believe that granting Alexian's waiver request to grandfather its paging system on 453.175 MHz would prevent interruption of these vital communications. Also, granting the waiver request would obviate the need of the hospital to expend funds in relocating to a different frequency. We conclude that Alexian has demonstrated that relocation of its paging system from 453.175 MHz to a new frequency would significantly disrupt public safety communications. IV. CONCLUSION 12. In sum, we conclude that Alexian has met the requirements established in the EMRS Report and Order for the permanent grandfathering of its SERS system. Therefore, we will grant its request for permanent waiver and will permit it to continue operating its medical paging system on 453.175 MHz in San Jose, California. This action serves the public interest because Alexian's migration to another frequency would pose unnecessary risks to essential paging communications without significant concomitant public interest benefits, and because adequate alternative spectrum for EMRS communications exists where Alexian is operating its paging system. V. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and Sections 90.20(d)(60), 90.22 and 90.125 of the Commission's Rules, 47 C.F.R.  90.20(d)(60), 90.22 and 90.125, that the Petition for Permanent Waiver filed by Alexian Brothers Hospital on November 20, 1997, to continue its paging station (WNUW937) on 453.175 MHz in San Jose, California, 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\alexian.mjd