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05/20/1975FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 11 JUN 1975 IN REPLY REFER TO: 7820-12 Monroe County Monroe County Courthouse Key West, Florida 33040 Attention: Clerk, Board of Commissioners Gentlemen: On May 20, 1975, the Commission adopted a Memorandum Opinion and Order concerning your waiver request for relief of multi -channel equipment requirements in the Special Emergency Radio Service. Enclosed is a copy of this order. As a result of the action in the order, only a portion of the waiver request was approved and the application you have submitted is granted accordingly. If further information is needed, please contact our Industrial and Public Safety Facilities Division, Room 5308, (202) 632-6475. Sincerely yours, har es Higginbotham Chief, Safety and Special Radio Services Bureau Enclosures: License(s) Memorandum Opinion & Order Before the S FEDERAL COMMUNICATIONS COMMISSION FCC 75-583 Washington, D. C. 20554 35097 In the Matter of ) ) Waiver of Part 89 of the Commission's ) Rules relating to requirements for ) multi -channel equipment capability ) for operation of Medical Services ) Radio Systems. ) MEMORANDUM OPINION AND ORDER Adopted: May 20, 1975 Released: May 28, 1975 By the Commission: Commissioners Quello and Washburn absent. 1. Requests have been received for waivers of Sections 89.525(f)(2)(ii) and (iii) of the Commission's Rules governing the assignment of eight frequency pairs in the 463/468 MHz band for Medical Services radio systems in the Special Emergency Radio Service. These frequencies are assigned in a "block" for designated primary and secondary medical radio uses. The rule sections involved in these waiver requests provide that base and control station equipment for use of these frequencies must be capable of transmit/receive on at least three (four, when telemetry is utilized) of the frequency pairs; and that mobile equipment for use of the frequencies must be capable of transmit/receive on each of the eight frequency pairs. 2. The waivers being sought are requested in connection with applications for licensing of medical services radio systems submitted by the following parties: John D. Archbold Memorial Hospital, Thomasville, Georgia; Jefferson County Ambulance Service, Monticello, Florida; Doctor's Memorial Hospital, Perry Florida.; Holmes County Hospital, Bonifay, Florida; Calhoun. General Hospital, Blountstown, Florida; Wakulla Ambulance Service, Crawfordville, Florida; Madison County Memorial Hospital, Madison Florida; Gadsden Memorial Hospital, Quincy, Florida; Tallahassee Memorial Hospital, Tallahassee, Florida; and Monroe County Fisherman's Hospital, Key West, Florida. 3. Each of these applicants, excepting Monroe County, would operate as an emergency medical services (EMS) provider in the "Tallahassee EMS Communications Major Catchment Area" under an area - wide plan for that medical -care region in Northern Florida. The Monroe County operation is based at Fisherman's Hospital in the city of Marathon in the Middle Keys area of the Florida Keys. I -2- 4. The base station operations of Tallahassee Memorial Hospital,which is the regional medical center, would meet the multi- channel rule requirements. All other applications for base station facilities contemplate only two -channel capability, rather than the , three or four channels required by the rules. One of these two channels is a "common calling" frequency for inter -system requirements. Effectively therefore, each of these base stations has only one "working" channel to handle all intea-system medical requirements. In the associated mobile unit operations proposed in these applications, Tallahassee Memorial Hospital plans only four -channel capability, and all other applicants propose only three -channel capability rather than the required full eight -channel capability. One of these mobile frequencies is paired with the base station "common calling" channel. No mobile units can access "working" channels for all base stations in the area - wide system. As none of these systems totally complies with the Commission's rules, they can not be licensed without waiver action. 5. Representations in support of the requested waivers show that the proposed radio systems would operate in accordance with state- wide plans for EMS communications as developed by the Department of General Services of the State of Florida. It is argued that under the State's programs, the additional base and mobile channel capability as required by the Commission's Rules is not necessary and that "the multi -channel equipment rule has the net effect of being a substitute for the State and local planning of EMS communications systems." This, it is contended, defeats the Commission's objective "for compatible EMS systems," in that "there is no flexibility for creative systems, implementation, cost effectiveness, or maximization of available resources. 1/ 6. A more specific basis for waiver action was presented as to the Monroe County application for the Fisherman's Hospital in Marathon, Florida. Here, Marathon's relative isolation from other communities (it is essentially an island community in the Gulf area linked to the Florida mainland some 100 miles north by an intercoastal highway) is depicted to illustrate its comparatively limited requirements for intersystem medical communications. l/ An argument had been originally presented that meeting the multi- channel requirement was a cost problem. However, a detailed cost analysis of bids developed under State procurement offers for equipment require- ments indicated only a 4% to 7% price differental between equipment needed for the proposed operations and equipment that would be required for compliance with the Commission's rules. Further, a significant portion of this differential appeared to relate to features of the system not required by the Commission's rules, and to non -equipment services called for in the Requests For Procurement. The State concluded, "We do not consider the vendor's costs a significant problem... In any event the cost problem does not affect the numbers of channels required." -3- 7. The basis and purpose of the multi -channel requirements in UHF medical radio systems were discussed extensively in connection 1 with the rule making proceeding in Docket 19880. Rule changes adopted in this Docket included allocation of frequencies in the 463/468 MHz band exclusively for medical services operations with standards for their assignment and use. (See the Report and Order in Docket 19880, adopted July 2, 1974, 47 FCC 2nd 676.) In response to a request from the State of Florida for reconsideration of the multi -channel require- ment, the Commission addressed the issues noted by the State in a Memorandum Opinion and Order adopted in Docket 19880 on October 22, 1974, (49 FCC 2nd 368.) The Commission found and stated, with respect to mobile stations: "...the necessity for flexibility in the potentially wide- ranging emergency activities for most ambulances mandates full eight -channel capability." And, with respect to base and control stations: "The more relevant needs for these stations are that systems have the ability to handle separately the many different medical communication requirements, and that there be sufficient channels available to assure a 'clear channel' for emergencies. For these purposes, we find that four channels, when bio-medical telemetry is employed in the system, and three channels, when telemetry is not used, are the minimum requisite number of channels which should be available at base and control stations." 8. The arguments and factors presented to support these requests for waivers of the multi -channel requirements have been carefully examined. We have extensively studied and discussed with State officials in Florida each of the systems involved, and the impact of these requirements on State and local medical communications planning efforts and operations. With respect to the systems in the Tallahassee region, the Commission finds no valid basis for grant of any waiver as to the equipment standards. The Tallahassee system is designed to provide area -wide coordinated inter -system communications capability for a number of communities in Northwest Florida. We recognize that some of these communities are very small and operate few medical vehicles. Nevertheless, the area and the systems are similar to those served by many "common" systems that are being developed for medical services throughout the country. Systems of this type are usually designed to optimize the full potential of the block -assigned 463/468 MHz channels, whereas, the Tallahassee area system would be a somewhat more limited approach on the reduced number of channels we are requested to approve. In any event, we are not aware of any unique factor or compelling exten- uating situation in the Tallahassee system that would warrant in the L -4- public interest an exception to the multi -channel rule requirement. Accordingly, the waiver requests for the applicants in the Tallahassee area are denied. 9. We have reached a different conclusion with regard to the request from Monroe County for the Fisherman's Hospital in Key West. One of the primary purposes for the base and control station multi -channel requirement is the need to accommodate intersystem communications requirements when medical emergencies develop involving itinerant medical units that normally operate on different channels. It is recognized, however, that there may exist unusual situations where a hospital is so remotely located and its operations are so limited that there would be no reasonable likelihood of need to radio - communicate with other licensed systems. Geographically and logistically, the hospital base station operation at Marathon, Florida, appears to fall within this category. Therefore, the Commission is granting the request for waiver as to the Monroe County system. We are not including the mobile units for the Monroe County system in this waiver approval. These vehicles would well be expected to have need to travel to and communicate with other hospitals or personnel in other communities for medical emergencies, and this requires full -channel capability in the mobile units. 10. It is noted that there are other base station operations where it may be appropriate to favorably consider exception to the multi -channel equipment requirements. One common example could apply in the operation of such medically related activities as blood banks or eye banks which are included in the eligibility category for medical services. These functions are generally designed to serve particular hospitals and there may be little or no need for system capability beyond communication with the hospitals served. Requests of this nature can be considered on a case by case basis. 11. Oral hearing before the Commission has been requested by the Florida Department of General Services who, although not a party applicant,seeks to present information concerning the waivers we have considered herein. Even assuming that the State would be a proper party for appearance in a hearing of this nature, the Commission believes that it is fully cognizant of the issues involved as to these requests and there are no facts in dispute. Consequently, we find that there is no apparent purpose or public interest requirement to be served by an oral hearing and this request is denied as to Florida or as to any of the proper party applicants. A -5- 12. In consideration of the foregoing, IT IS ORDERED That, the application requests for waiver of Part 89 of the Commission's Rules submitted by the parties listed in Paragraph 2 herein, relating to requirements for multi -channel equipment capability for operation of Medical Services radio systems, ARE DENIED, except that the request for waiver as to multi -channel base station requirements for the Fish- erman's Hospital in Monroe County, Florida, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Vincent J. Mullins Secretary i • ' ° J ti •� �i • •�' 0 0 ° >1 �'• .-. o s;o A u �. o .i n ° r y i Z �pA. •-� r uEc .��>,• E Li ,'°. 2 •` ��.... 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