[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6575-6577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3821]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 91-72; FCC 96-11]


Emergency Medical Radio Service

AGENCY: Federal Communications Commission.

ACTION: Final Rule.

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SUMMARY: The Commission has reaffirmed its decision to establish the 
Emergency Medical Radio Service (EMRS), as well as reaffirmed the 
assignment of certain 453 MHz frequencies to the EMRS. Additionally, 
the Commission granted ProNet, Inc.'s request that its medical paging 
system operating on 453.125 MHz in the Chicago metropolitan area be 
permanently grandfathered. Finally, the Commission permitted certain 
licensees (medical services, rescue organizations, disaster relief 
organizations and beach patrols) to use Channels 161-170 as they are 
engaged in safety-of-life services. These actions were taken to improve 
the communications capabilities of entities engaged in providing life 
support activities. The rule changes and the grant of the waiver 
request will ensure the reliability of emergency medical 
communications.

EFFECTIVE DATE: March 22, 1996.

FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden, Wireless 
Telecommunications Bureau, (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, PR Docket No. 91-72, FCC 96-11, adopted 
January 18, 1996, and released February 8, 1996. The full text of this 
Memorandum Opinion and Order is available for inspection and copying 
during normal business hours in the FCC Dockets Branch, Room 230, 1919 
M Street N.W., Washington, D.C. The complete text may be purchased from 
the Commission's copy contractor, International Transcription Service, 
Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, telephone 
(202) 857-3800.
    This Memorandum Opinion and Order imposes no paperwork burden on 
the public.

Summary of Memorandum Opinion and Order

    1. In this Memorandum Opinion and Order, we affirm the action taken 
in the Report and Order (58 Fed. Reg 12177 (March 3, 1993)), 
establishing the Emergency Medical Radio Service (EMRS) as a new Public 
Safety Radio Service under Subpart B of Part 90 of the Commission's 
Rules. The record substantiates the need for this new radio service to 
ensure the reliability of emergency medical communications. We also 
affirm the reassignment of four 453 MHz frequencies (453.025/.075/.125/
.175 MHz) from the Special Emergency Radio Service (SERS) to the EMRS. 
These frequencies, previously assigned for one-way paging operations, 
were chosen as particularly appropriate for EMRS use because they 
minimize disruption to the remaining non-EMRS SERS entities.
    2. ProNet, Inc.(ProNet), a petitioner for reconsideration of the 
Report and Order, mistakenly believes that it should be accorded a 
hearing pursuant to Section 316 of the Communications Act of 1934, as 
amended, before its radio license is modified. Under this statutory 
provision, a license is not considered modified when the Commission--
acting by rule making--affects the rights of all licensees of a 
particular class.
    3. ProNet has substantiated its request for permanently waiving 
mandatory reassignment of 453.125 MHz in the greater metropolitan 
Chicago area to EMRS. It commissioned a study of spectrum usage in the 
Chicago area as well as submitted relevant affidavits. Although only 
required to meet one criterion, ProNet met all the established criteria 
to justify grant of the waiver request. First, it appears that ProNet's 
system is intensely utilized. Second, relocation of ProNet's medical 
paging system would not serve the public interest because no reasonable 
alternative for its paging system is available in the Chicago area. 
Third, petitioner illustrates the continued availability of MED channel 
capacity in metropolitan Chicago and, therefore, there appears to be 
adequate spectrum for emergency medical service transmissions in the 
Chicago area. ProNet has successfully demonstrated that unique 
circumstances are involved in its case, thus warranting waiver.
    4. ProNet's request for authority to be licensed to operate 
transmitting facilities on 453.125 MHz anywhere is Wisconsin, Illinois 
and Indiana--within a one hundred mile radius of its existing site--is 
denied. This request involves future operations and was not 
contemplated by the waiver provisions contained in the Report and 
Order.
    5. Finally, the Commission will permit licensees eligible to 
operate radio facilities as medical services (47 CFR Sec. 90.35), 
rescue organizations (47 CFR Sec. 90.37), disaster relief organizations 
(47 CFR Sec. 90.41) and beach patrols (47 CFR Sec. 90.45) to use 
narrowband Channels 161-170 to enable them--while conducting safety-of-
life communications--to communicate with one another. These four 
service categories need frequencies for Mutual Aid purposes. Permitting 
those licensed in these categories to use Channels 161-170 in the 220-
222 MHz band will serve the public interest by enhancing 
interoperability between many types of emergency providers in safety-
of-life situations.

List of Subjects in 47 CFR Part 90

    Emergency medical services, Radio.

 
[[Page 6576]]

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Part 90 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 90--[AMENDED]

    Part 90 Private land mobile radio services:
    1. The authority citation for Part 90 continues to read as follows:

    Authority: Sections 4, 303, 332, 48 Stat. 1066, 1082, as 
amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.

    2. Section 90.17 is amended by revising paragraph (c)(11) to read 
as follows:


Sec. 90.17  Local Government Radio Service.

* * * * *
    (c) * * *
    (11) This frequency is available for systems first licensed prior 
to March 31, 1980, for radio call box communications related to safety 
on highways in accordance with the provisions of Sec. 90.241(c). No new 
systems will be authorized of this nature, but systems authorized prior 
to March 31, 1980 may be modified, expanded, and renewed. Also, 
effective April 2, 1993, this frequency is shared with EMRS systems in 
accordance with Sec. 90.27.
* * * * *
    3. Section 90.19 is amended by revising paragraph (e)(17) to read 
as follows:


Sec. 90.19  Police Radio Service.

* * * * *
    (e) * * *
    (17) This frequency is shared with the Fire and Emergency Medical 
Radio Services.
* * * * *
    4. Section 90.21 is amended by revising paragraph (c)(8) to read as 
follows:


Sec. 90.21  Fire Radio Service.

* * * * *
    (c) * * *
    (8) This frequency is shared with the Police and Emergency Medical 
Radio Services.
* * * * *
    5. Section 90.27 is amended by revising the second sentence of 
paragraph (a), and by adding the words ``or mobile'' to the Class of 
station(s) for Frequencies 453.025, 453.075, 453.125 and 453.175 MHz in 
paragraph (b), to read as follows:


Sec. 90.27  Emergency Medical Radio Service.

    (a) * * * Applications submitted by persons or organizations 
(governmental or otherwise) other than the governmental body having 
jurisdiction over the state's emergency medical service plans must be 
accompanied by a statement prepared by the governmental body having 
jurisdiction over the state's emergency medical services plan 
indicating that the applicant is included in the state's emergency plan 
or otherwise supporting the application.
* * * * *
    6. Section 90.238 is amended by revising paragraph (h) to read as 
follows:


Sec. 90.238  Telemetry operations.

* * * * *
    (h) 458-468 MHz band (as available in the Emergency Medical Radio 
Service for bio-medical telemetry operations).
* * * * *
    7. Section 90.243 is amended by revising paragraphs (a)(1), (a)(2), 
and (b)(1) to read as follows:


Sec. 90.243  Mobile relay stations.

    (a) * * *
    (1) On frequencies below 450 MHz, except for the 220-222 MHz band, 
mobile relay stations may be authorized within the contiguous 48 states 
to operate only in the Police, Fire, Local Government, Highway 
Maintenance, Forestry-Conservation, Emergency Medical, Power, 
Petroleum, Forest Products, Manufacturers, Telephone Maintenance, and 
Railroad Radio Services.
    (2) On frequencies below 450 MHz, except for the 220-222 MHz band, 
mobile relay stations may be authorized outside the contiguous 48 
states to operate only in the Police, Fire, Local Government, Highway 
Maintenance, Forestry-Conservation, Emergency Medical, Power, 
Petroleum, Forest Products, Manufacturers, Telephone Maintenance, 
Railroad, Business, and Special Industrial Radio Services.
* * * * *
    (b) * * *
    (1) In the Emergency Medical and Special Emergency Radio Services, 
medical services systems in the 150-160 MHz band are permitted to be 
cross banded for mobile and control station operations with mobile 
relay stations authorized to operate in the 450-470 MHz band.
* * * * *
    8. Section 90.273 is amended by revising the first sentence of 
paragraph (b) to read as follows:


Sec. 90.273  Availability and use of frequencies in the 421-430 MHz 
band.

* * * * *
    (b) Channels in the public safety pool are available for assignment 
to eligibles in the Public Safety and Special Emergency Radio Services. 
* * *
* * * * *
    9. Section 90.421 is amended by redesignating paragraph (k) as 
paragraph (l) and adding new paragraph (k) to read as follows:


Sec. 90.421  Operation of mobile units in vehicles not under the 
control of the licensee.

* * * * *
    (k) Mobile units licensed in the Emergency Medical Radio Service 
may be installed in a vehicle or be hand-carried for use by any person 
with whom cooperation or coordination is required for medical services 
activities.
* * * * *
    10. Section 90.477 is amended by revising the first sentence of 
paragraph (d)(3) to read as follows:


Sec. 90.477  Interconnected systems.

* * * * *
    (d) * * *
    (3) In the Special Emergency, Business, Special Industrial, 
Automobile, and Taxicab Radio Services, interconnection will be 
permitted only where the base station site or sites of proposed 
stations are located 120 km (75 mi) or more from the designated centers 
of the urbanized areas listed below. * * *
* * * * *
    11. Section 90.483 is amended by revising the third sentence of 
paragraph (d) to read as follows:


Sec. 90.483  Permissible methods and requirements of interconnecting 
private and public systems of communications.

* * * * *
    (d) * * * This provision does not apply to systems licensed in the 
Police, Fire, Local Government, Emergency Medical, Special Emergency, 
Power, Petroleum and Railroad Radio Services, or above 800 MHz. * * *
    12. Section 90.617 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 90.617  Frequencies in the 809.750-824/854.750-869 MHz and 896-
901/935-940 MHz bands available for trunked or conventional system use 
in non-border areas.

    (a) The channels listed in Table 1 and paragraph (a)(1) of this 
section for the Public Safety Category are available to applicants 
eligible in the Public Safety and Special Emergency Radio Services. * * 
*
* * * * * 

[[Page 6577]]

    13. Section 90.619 is amended by revising the first sentence of 
paragraph (a)(1) and the first sentence of paragraph (b)(7)(iii) to 
read as follows:


Sec. 90.619  Frequencies available for use in the U.S./Mexico and U.S./
Canada border areas.

    (a) * * *
    (1) Table 1A lists the channels in the 806-821/851-866 MHz band 
Public Safety Category that are available for assignment to applicants 
eligible in the Public Safety and Special Emergency Radio Services. * * 
*
* * * * *
    (b) * * *
    (7) * * *
    (iii) The Public Safety Category consists of the Public Safety and 
the Special Emergency Radio Services. * * *
    14. Section 90.631 is amended by revising the second sentence of 
paragraph (g) to read as follows:


Sec. 90.631  Trunked system loading, construction, and authorization 
requirements.

* * * * *
    (g) * * * Remote or satellite stations of wide area systems in the 
Public Safety, Special Emergency, Telephone Maintenance, and Power 
Radio Services may be authorized on a primary basis if such stations 
are the first to be authorized in their area of operation on the 
frequency or group of frequencies. * * *
* * * * *
    15. Section 90.720 is revised to read as follows:


Sec. 90.720  Channels available for public safety/mutual aid.

    (a) Part 90 licensees whose licenses reflect a two-letter radio 
service code beginning with the letter ``P'' are authorized by this 
rule to use mobile and/or portable units on Channels 161-170 throughout 
the United States, its territories, and possessions to transmit:
    (1) Communications relating to the immediate safety of life; or
    (2) Communications to facilitate interoperability among public 
safety entities, and public safety entities and Special Emergency Radio 
Service eligibles in Secs. 90.35, 90.37, 90.41 and 90.45.
    (b) Any entity eligible to obtain a license under subpart B of this 
part or eligible to obtain a license under Secs. 90.35, 90.37, 90.41 
and 90.45 of subpart C of this part is also eligible to obtain a 
license for base/mobile operations on Channels 161-170. Base/mobile or 
base/portable communications on these channels that do not relate to 
the immediate safety of life or to communications interoperability 
among public safety entities, and public safety and the above specified 
special emergency entities may only be conducted on a secondary non-
interference basis to such communications.

[FR Doc. 96-3821 Filed 2-20-96; 8:45 am]
BILLING CODE 6712-01-P