WPCr 2MBERKZ3|a  X-#XP\  P6QXP#"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNI\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WddddddddddddddddddddddddddddddddddddddddNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\ S* I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#&J\  P6Qr&P#"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMddddddddddddddddddddddddddddddddddddddddN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn72KKKLK"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFddddddddddddddddddddddddddddddddddddddddN$<<$.2",2222`2 LL2 LL2L"",,2d""/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNM\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\2\p My.X80,QwX\  P6G;P N2a=5,r&a\  P6G;&P O2e=5,d[&e4  pG;& PP:% ,J:\  P6G;JP QH5!,x,5\  P6G;,P R{,W80,%~UW*f9 xr G;X Sy.\80,G\4  pG; 0_=5,%]&_*f9 xr G;&X S- X   ( S-  #&J\  P6Qr&P#Federal Communications Commission`(#DA 99244 ă  yx}dddy (P3 Before thepp  xx Federal Communications Commission  S-" Washington, D.C. 20554 ă In the Matter ofR#&J\  P6Qr&P#) R) SILVER CROSS HOSPITALR) R) Petition for Permanent Waiver For Special R) Emergency Radio Service Paging Facilities on R) 453.075 MHz in Joliet, IllinoisR) T  S6 -< ORDER TP  S -X` hp x (#%'0*,.8135@8:channels was so high that those frequencies were insufficient to support the added volume of NYH's  S- xLpagers.<: {O5-ԍ Id. at 5305.< The Bureau held that both Kaiser and NYH met  the requisite showing for grant of their waiver  S-requests.jZ: {O-ԍ Kaiser, 13 FCC Rcd at 5297; NYH, 13 FCC Rcd at 5304.j  Sg-  S4-   x7.ؠ Silver Cross Waiver Petition. On January 2, 1998, Silver Cross filed its request seeking  S- xwaiver of Section 90.20(d)(60) of the Commission's Rules,F: yO -ԍ 47 C.F.R.  90.20(d)(60).F so that it might continue to operate its paging  S- xsystem on frequency 453.075 MHz.wX|: yO - xԍ Licensees who filed timely waiver requests have been permitted to continue operations until resolution of their  xrequests. 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). w There are currently over 220 pagers on its system, >: yO -ԍ Waiver Request at 1.> which  S- xessentially serves as a "nurse call communications system."?, : {Oh-ԍ Id. at 3.? Silver Cross asserts that its oneway medical  Si- xpaging operations should be grandfathered to avoid disruption of public safety radio transmissions.3i : {O-ԍ Id.3 The  xhospital also submits that its Waiver Request should be granted because adequate spectrum remains in its  S-geographical area to meet the communications needs of EMRS entities.; P : {O-ԍ Id. at 23.;  S - III. DISCUSSION ă  S7 -  x8.ؠ To obtain a waiver of the frequency reassignment implemented by the EMRS Report and  S - x[Order, a petitioner is required to meet any one of three established criteria.V! : {O- x#X\  P6G;QwP#э See para. 3 supra. In addition, the Commission has an obligation to seek out the public interest in particular  {OQ-matters and individualized situations. See WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C.Cir. 1969).V As discussed below, Silver  S -Cross has met the requisite showing as to whether its request should be granted.   Sm-  x9. Relocation would significantly disrupt public safety communications. We conclude that Silver  x|Cross has demonstrated that relocation of its system would significantly disrupt public safety  xlcommunications. The Silver Cross call system notifies the medical staff when a patient requires a  S- xservice.>">: yO#-ԍ Waiver Request at 3.> Specifically, the hospital's nurse call system is interfaced with the radio paging system to permit  S- xMspecific medical staff to be silently paged with specific patient requests, such as pain medication and  x=difficulties with intravenous medical procedures. Additionally, local staff emergencies, such as a patient  xfalling, are automatically paged to all unit staff when the staff emergency switch is activated in patient"<",l(l(,,"  S- xrooms and other clinical areas.3#: {Oh-ԍ Id.3 As noted by Silver Cross, the most crucial use of the nurse call/paging  S- xsystem is in "code" situations, e.g., cardiac arrest, requiring immediate response to medical emergencies.  S- xIn such situations, any delay in alerting critical care hospital personnel can have disastrous consequences.3$Z: {O-ԍ Id.3  xIn addition to the nurse call system function, Silver Cross' system may include paging messages related  S5- xto nonmedical emergencies, such as fire, bomb threats, and threatening weather.3%5: {O-ԍ Id.3 These and other  xproblematic situations often require dissemination of vital information through Silver Cross' 453 MHz  xpaging operations in order to avoid any panic by hospital patients and visitors that could result from audio  S- xMpaging.9&~: {O -ԍ Id.9 Relocation to another channel would require changing the frequency of the base station and  xmultiple pagers. This change could render the system partially inoperable during the transition period.  xWe believe that granting Silver Cross' waiver request to grandfather its paging system on 453.075 MHz  x[would prevent interruption of these vital communications because it would avoid the need to obtain new  xequipment and implement a process for switching to a new frequency. We, therefore, conclude that Silver  x-Cross has demonstrated that relocation of its paging system to a new frequency would significantly disrupt public safety communications.  S7 -   S -   x 10.ؠ Adequate spectrum exists for emergency medical transmissions. Based on the record before  xMus, we conclude that there is adequate spectrum available for entities engaged in providing emergency  S - xMmedical service in Joliet, Illinois. In support of its waiver request, Silver Cross offers the results of a  xl"frequency search" of EMRS frequencies within 70 miles of the licensee's paging system in Joliet,  S9- xzIllinois.;'9: {O-ԍ Id. at 4. ; Silver Cross asserts that this large geographical area was studied even though, in the EMRS,  xllarge operating areas are counterproductive because many medical emergencies require emergency  S- xmedical personnel to reach the victim within minutes.;(: {O-ԍ Id. at 12.; Consequently, it is unusual on emergency calls  x.to require an ambulance or rescue squad to travel more than a few miles from its base. Nevertheless, the  x.frequency search conducted by Silver Cross evaluated frequency assignments well beyond these mileage  S:- xlimits.9):4 : {O-ԍ Id. at 2.9 Thus, although all of the channels in the range of 150.775 MHz to 155.400 MHz had stations  xlicensed within 70 miles, the nearest assignment on 150.805 MHz was 41.4 miles away and the nearest  x-assignment on 155.355 MHz was 38.1 miles away, at which distance frequency coordinators often reassign  S- xfrequencies.9* : {O#-ԍ Id. at 4.9 The study also indicated that none of the seven new 7.5 kHz offset EMRS frequencies were  xassigned within 70 miles of the subject station, nor were any license applications for these channels  S;- x[pending.3+;X : {O3&-ԍ Id.3 These frequencies have been available since August of 1996.,";: yO- xhԍ Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies  xGoverning Them and Examination of Exclusivity and Frequency Assignment Policies of the Private Land Mobile  {O - xRadio Services, PR Docket No. 92235, Report and Order and Further Notice of Proposed Rule Making, 10 FCC Rcd 10076, 1010710108 (1995). Also, five pairs of frequencies";,,l(l(,,"  xzin the 220222 MHz band allocated to the EMRS now are available for assignment within 70 miles of  S- xSilver Cross' station.-": yO- xyԍ Until February 13, 1998, there was a suspension on the acceptance of applications for use of 220 MHz  {O- xfrequencies including the five pairs assigned for EMRS use. See Public Notice, Filing Freeze to be Lifted For  xApplications Under Part 90 for the Fifteen Public Safety Channel Pairs in the 220222 MHz Band, DA 972296, released February 13, 1998.  As a result, it appears that adequate spectrum remains to meet the communications needs of EMRS entities in Joliet, Illinois, even with Silver Cross' continued use of 453.075 MHz.  Sg- x  S4- IV. CONCLUSION ă  S-  1x 11.ؠ In sum, we conclude that Silver Cross has met the requirements established in the EMRS  S- x.Report and Order for the permanent grandfathering of its SERS system. Therefore, we grant its request  x.for permanent waiver and permit it to continue operating its medical paging system on 453.075 MHz in  xJoliet, Illinois. This action serves the public interest because Silver Cross' migration to another paging  x=frequency would pose unnecessary risks to essential medical paging communications without significant  x-concomitant public interest benefits, and because adequate alternative spectrum for EMRS communications exists where Silver Cross is operating its system.  S8 - V. ORDERING CLAUSES ă   x 12.ؠ Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934,  x=as amended, 47 U.S.C.  154(i), and Sections 90.20(d)(60), 90.22, 90.151 of the Commission's Rules, 47  xC.F.R.  90.20(d)(60), 90.22, 90.151, that the Petition for Permanent Waiver filed by Silver Cross  xHospital on January 2, 1998, to continue operating its paging station (KNAD743) on 453.075 MHz in Joliet, Illinois, IS GRANTED.   mx 13.ؠ This action is taken under delegated authority pursuant to Section 0.131 and 0.331 of the  Ix2Commission's Rules, 47 C.F.R.  0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau