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P3 Before the Federal Communications Commission  S-" Washington, D.C. 20554 ă  S4-In the Matter ofR#&J\  P6Q&P#) R) NORTH BROWARD MEDICAL CENTERR) BROWARD GENERAL MEDICAL CENTER R) AND CORAL SPRINGS MEDICAL CENTERR) R) Petition for Permanent Waiver For SpecialR) Emergency Radio Service Paging Facilities onR) 453.025 MHz and 453.075 MHz in the NorthernR) Broward County, Florida AreaR) T  S -< ORDER TP  Sj-X` hp x (#%'0*,.8135@8:the International Association of Fire Chiefs, Inc. (IMSA/IAFC) were designated as the joint certified  xfrequency coordinators for the EMRS because of their previous experience coordinating emergency  S -medical communications.Q  zO {O-ԍxId. at 1460. Q  S -  |x3. In reassigning the four 453 MHz frequencies to the EMRS, the Commission recognized the  xconcerns of existing SERS licensees on these channels and acknowledged that in certain situations an  S9- xaccommodation may be warranted to allow licensees to continue operating.C 9 O {O"-ԍxId. at 1459.C Accordingly, it provided  xKa process by which oneway medical paging systems operating on the subject frequencies may permanently  S- xremain on their existing frequencies through waiver of the Commission's Rules.; O {O&-ԍxId. ; Under this process, a  x{paging system may be grandfathered if a licensee currently operating on a oneway paging channel"0 ,l(l(,,"  xdemonstrates that: (1) adequate spectrum exists for emergency medical transmissions in its area of  S- x?operation; (2) relocation of its medical paging system would not serve the public interest;: O {O5-ԍxId.: or (3)  S- x-relocation would significantly disrupt public safety communications. ZO {O-  ԍxId. For example, this criterion could be met by demonstrating that there is no reasonable alternative channel  {O^-for the subject paging system. Id. Licensees were provided a fiveyear  x[period from January 14, 1993, through January 14, 1998 within which to request that their systems  xbe grandfathered. Otherwise, licensees operating on these 453 MHz frequencies were required to cease  S-oneway medical paging operations after January 14, 1998.:O {OW -ԍxId.:  S-  0x4. Waiver Grants. On February 8, 1996, the Commission released a Memorandum Opinion and  Si- x/Order reaffirming its decision to establish the EMRS and reallocate thirtynine SERS frequencies for  S7- x\emergency medical communications.7HO yO-  ԍxAmendment of Part 90 of the Commission's Rules to Create the Emergency Medical Radio Service, PR  {O-Docket No. 9172, Memorandum Opinion and Order, 11 FCC Rcd 1708, 1709 (1996) (EMRS MO&O). The Commission stated that the record supported the need for  x?additional spectrum for emergency medical use because the substantial increase in the demand for  x\emergency medical service frequencies nationwide significantly overburdened existing frequencies. In  xcarefully balancing the competing interests of various parties, the Commission concluded that the needs  Sk - xLof emergency medical service providers warranted priority.:k O {O-ԍxId.: Further, the Commission granted a request  x=by ProNet, Inc. (ProNet) to permanently waive mandatory reassignment of 453.125 MHz in the greater  S - xChicago metropolitan area to EMRS.C 4 O {O-ԍxId. at 1711.C The Commission concluded that although ProNet was only  S - xrequired to meet one criterion, it met all the established criteria.: O {O8-ԍxId.: ProNet demonstrated, with findings  xfrom a study of spectrum usage (Trott Study), that existing emergency medical service channels in the  Sl- xLChicago area displayed virtually no congestion,ClX O {Od-ԍxId. at 1710.C and that its SERS system was intensely utilized.ClO {O-ԍxId. at 1711.C For  x=instance, Trott Study indicated that ProNet used 453.125 MHz to transmit paging messages 95% of the  S- xavailable time from 7:00 a.m. to 9:00 p.m. on a daily basis.:|O {O""-ԍxId.: The Commission noted that ProNet's  xmigration to another channel would involve significant cost, and, because of ProNet's intense use of  S- x453.125 MHz, such migration would likely cause disruption to public safety communications, i.e., medical  Sn- xLalert operations.:nO {O&-ԍxId.: Thus, the Commission concluded that relocation of ProNet's system would not serve the public interest.";,l(l(,,"Ԍ S-  Nԙx5. Subsequent to the Commission's adoption of the EMRS MO&O, Kaiser Foundation Hospitals  xand Kaiser Foundation Health Plan, Inc. (Kaiser) requested a Permanent Waiver to grandfather its existing  xMSERS paging system operating on 453.025 MHz in the Southern California area. In granting Kaiser's  x/request, the Wireless Telecommunications Bureau (Bureau) found that requiring Kaiser to convert to  S5- xanother paging frequency would pose unnecessary risks to essential medical paging communications.5O {O-ԍxSee Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, 13 FCC Rcd 5294 (WTB 1998). The  xBureau noted there was adequate alternative spectrum for EMRS communications in the metropolitan area  xjwhere Kaiser operated its system. In another case, New York Hospital Cornell Medical Center (NYH xCMC), the Bureau also granted a request for a permanent waiver, acknowledging the costs that the  xapplicant would sustain in the conversion to another frequency, and based on the fact that there would be  x\unnecessary risks to essential medical paging communications without significant concomitant public  S-interest benefits.ZGA {O -ԍxSee New York Hospital Cornell Medical Center, 13 FCC Rcd 5301 (WTB 1998).   S -  ^x6. Waiver Petition. On November 24, 1997, the NBHD Hospitals filed their Waiver Petition.  xThe NBHD Hospitals provide primary, school, and home health care, hospice, urgent and extended care,  x>children's diagnostic and treatment services, doctor's office services, and other community health and  S - xinformational services.F O yO-ԍxWaiver Petition at 3.F They currently operate SERS paging stations on 453.025 MHz and 453.075  S - xkMHz, serving 425 pagersF |O {O-ԍxId. at 4.F that are used for medical emergencies at the hospitals. These emergencies  xinvolve communications with cardiac arrest, trauma, and disaster response teams. When warranted, pagers  xare also used for summoning physicians and "on call" staff to care for critically ill patients. In addition,  S:-the paging systems are used by the NBHD Hospitals for administrative and other routine purposes.A:O {O-ԍxId. at 5. A  S- III. DISCUSSION  Sn-  x 7. To obtain a waiver of the frequency reassignment implemented by the EMRS Report and  S<- xOrder, a petitioner is required to meet any one of three established criteria.7<O {O|-  yԍxSee para. 3, supra. In addition, the Commission has an obligation to seek out the public interest in particular  {OF-matters and individualized situations. See WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C.Cir. 1969).7 As discussed below, the  xNBHD Hospitals have met the requisite showing, not only on one criterion but on all three criteria, for the granting of its request.  Sq-  @x8. Adequate spectrum exists for emergency medical transmissions in the areas of operation of  S?- xZNBHD. The NBHD Hospitals retained Trott Communications Group, Inc. (The Trott Group) to study the  S - xuse of certain frequencies in the northern Broward County area.F  O yO$-ԍxWaiver Petition at 8.F The Trott Group monitored usage over  xLa fourday period of ten paired 462/463 MHz EMRS channels transmitting in the vicinity of the NBHD  xHospitals. It found that the subject frequencies were unused, on average between 94% and 99% of the  x>available channel time. Of the ten channels in the study, six had average usage below 2%. According"t ,l(l(,,j"  S- xjto The Trott Group, peak usage ranged from 6% to 15%, with eight channels having peaks below 10%.:O {Oh-ԍxId.:  S- xThe Trott Group also monitored the four 453 MHz EMRS channels.ZO yO-ԍxThe four 453 MHz channels are: 453.025 MHz, 453.075 MHz, 453.125 MHz and 453.175 MHz. It found that usage of those  xkfrequencies was similarly low. According to the study, they are unused, on the average, from 96% to  x=almost 100% of the time. The Trott Group further indicated that peak usage for the 453 MHz channels  S4- xjranged from 1.6% to only 12%, with two of the channels having peaks below 2%.@ 4O {O-ԍxId. at 9.@ In view of this data,  xLit appears that there is adequate spectrum remaining to meet the communication needs of EMRS entities  xin the vicinity of the NBHD Hospitals even with the NBHD Hospitals' continued operation of their oneway medical paging systems on 453.025 and 453.075 MHz in Northern Broward County, Florida.  S5-  ]x9. Relocation of NBHD Hospitals' paging systems would not be in the public interest. The NBHD  xLHospitals argue that moving to one or more new frequencies would involve major changes in their paging  S- xsystems and would cost between $130,000 and $370,000.8!X|O yO-  ԍxThe NBHD Hospitals submit that moving the Broward General system to a new frequency would cost  xfrom $85,000 to $164,000; the North Broward system, from $35,000 to $115,000; and, the Coral Springs system from $10,000 to $90,000.8 In addition to being costly, the NBHD  xHospitals state that it would be a logistical nightmare and would divert substantial resources that otherwise  Sj - xcould be used for providing medical care.G"j O yO-ԍxWaiver Petition at 10.G According to the hospitals, the conversion to other frequencies  xfor their paging operations would be extremely disruptive for doctors, nurses and staff personnel, and,  xLinevitably would result in lost pages during the period of transition from the current frequencies to other  S - x-frequencies.:# , O {O-ԍxId.: Given such potential for disruption of service, the cost of the conversion to other frequencies  xand the fact that there is adequate spectrum in their areas to meet the communications needs of EMRS  xyusers, we believe that the NBHD Hospitals has demonstrated that relocation of the three paging systems would not be in the public interest.  S-  S-  "x10. As stated above, the NBHD Hospitals state that to move their paging systems would be  x[extremely disruptive for doctors, nurses, and associated staff in that, during the moves, some pages in all  xlikelihood would be lost. In addition, the NBHD Hospitals argue that moving the paging systems is not  S9- xnecessary.:$9 O {O -ԍxId.: Again, the hospitals submit that there is sufficient EMRS spectrum in the vicinity of the  S- x<hospitals to accommodate present usage and future growth.:%P O {O"-ԍxId.: For the reasons stated in the Waiver Petition, "%,l(l(,,R"  xthe NBHD Hospitals argue that they have satisfied the criteria required for grant of the waiver request.  xBased on the record in this proceeding, we find that the NBHD Hospitals have demonstrated that adequate  xMspectrum exists for emergency medical transmissions in their area of operation and relocation of their paging systems would not be in the public interest.  S- IV. CONCLUSION  S-  x 12. We conclude that NBHD Hospitals have met the requirements established in the EMRS Report  Si- xzand Order for the permanent grandfathering of their oneway medical paging systems. Therefore, we  xgrant their request for permanent waiver and permit the three hospitals to continue operating their medical  xpaging systems on frequencies 453.025 MHz and 453.075 MHz in Northern Broward County, Florida.  xThis action serves the public interest because NBHD Hospitals' migration to other paging frequencies  xwould pose unnecessary risks to essential paging communications without significant concomitant public  xinterest benefits, and because alternative spectrum for EMRS communications exists within the vicinity of the three hospitals.  S - V. ORDERING CLAUSES  Sl-  | x13. Accordingly, IT IS ORDERED, pursuant to the authority contained in Section 4(i) and (j)  xof the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and (j), and Section 90.151 of the  xCommission's Rules, 47 C.F.R.  90.151, that the Petition for Permanent Waiver of Sections 90.20(d)(60)  x/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.   @x14. 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.  S-x` ` x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhD'wana R. Terry x` `  hhChief, Public Safety and Private Wireless Division x` `  hhWireless Telecommunications Bureau "?'%,l(l(,,+"Ԍj:\prd\depont\nobrow3.mjd edited flt 121798 edited rem 12099 edited mjd 12199 edited mjd 2199