**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | FCC File No. 0002316654      |
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| DETROIT MEDICAL CENTER           | ** |                              |
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| Request for Waiver of Section    | *  |                              |
| 90.265(e)(1)(ii) of the          | *) |                              |
| Commission's rules               | ** |                              |
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**ORDER**

**Adopted: March 6, 2007 Released: March 7, 2006**

By the Chief, Policy Division, Public Safety and Homeland Security
Bureau:

# Introduction

1.  We have before us an application and waiver request filed by the
    Detroit Medical Center (DMC), Detroit, Michigan. [^1] DMC seeks a
    waiver of Section 90.265 of the Commission's rules to allow
    operation of radio transmitters at six hospital locations in
    Detroit, Michigan with a 20 kHz bandwidth ("wideband") emission on
    frequency 163.250 MHz. [^2] Section 90.265 requires all new stations
    to operate with a 11.25 kHz ("narrowband") bandwidth emission.[^3]
    For the reasons discussed herein, we grant DMC's waiver request.

# BACKGROUND

2.  Frequency 163.250 MHz is available for medical one-way paging
    communications to mobile receivers, in addition to being allocated
    for Federal Government use.[^4] In 2005, the Commission amended
    Section 90.265 to provide that licensees on certain Private Land
    Mobile Radio (PLMR) channels located in frequency bands allocated
    primarily for Federal Government use would be required to transition
    to narrowband (11.25 kHz bandwidth) operations by January 1, 2013,
    and that no new wideband (20 kHz bandwidth) authorizations would be
    granted.[^5] Due to the primary status of medical channels
    (including frequency 163.250 MHz) in the Federal bands, the
    Commission expects the National Telecommunications and Information
    Administration (NTIA) to protect existing wideband operations from
    harmful interference from new or modified Federal operations until
    the January 1, 2013 narrowband deadline.[^6]

3.  Up until June 28, 2005, DMC was authorized to operate a wideband
    medical paging system on this frequency under Call Sign KTO511,
    Detroit, Michigan. DMC states that due to an administrative
    oversight, it failed to renew the license,[^7] which expired by its
    own terms. In the instant proceeding, DMC is applying for a new
    license in order to resume operations of the medical paging
    system.[^8] Because no new wideband authorizations are to be granted
    pursuant to the *Federal Narrowbanding R&O*, DMC requests a waiver
    of Section 90.265 to permit it to be authorized with a 20 kHz
    emission. DMC argues that, because the KTO511 system was licensed
    for nearly twenty years, it should not be considered a new
    system.[^9]

# Discussion

4.  To obtain a waiver of the Commission's rules, a petitioner must
    demonstrate either that: (i) the underlying purpose of the rule(s)
    would not be served or would be frustrated by application to the
    present case, and that a grant of the waiver would be in the public
    interest; or (ii) in view of unique or unusual factual circumstances
    of the instant case, application of the rule(s) would be
    inequitable, unduly burdensome, or contrary to the public
    interest,[^10] or the applicant has no reasonable alternative.[^11]
    An applicant seeking a waiver faces a high hurdle and must plead
    with particularity the facts and circumstances that warrant a
    waiver.[^12]

5.  The purpose of Section 90.265(e)(1)(ii) is to promote efficient
    spectrum use, help accommodate increasing PLMR demand, and maintain
    compatibility with Federal operations.[^13] As noted above, however,
    existing wideband operations may continue to operate with 20 kHz
    bandwidth emissions until January 1, 2013.[^14] In this instance,
    DMC argues that its requested authorization should be treated as an
    existing wideband operation, given that it had a license for that
    operation for 20 years, and that license only recently expired.[^15]
    DMC further argues that requiring an immediate transition to
    narrowband would place an undue financial burden on the hospital
    system.[^16] DMC stresses that the medical paging system is the
    primary communications source to inform medical staff of
    life-threatening situations that require the immediate attention of
    a medical response team.[^17] DMC states that it cannot modify its
    system to operate with an 11.25 kHz emission and thus would have to
    replace its equipment in order to comply with the narrowband
    requirement.[^18] Finally, DMC states that the signals from its
    transmitters are contained within its facilities, with only a
    negligible amount of radio frequency radiation detectable outside
    the buildings.[^19] On May 11, 2006, the Wireless Telecommunications
    Bureau coordinated the subject application with the Interdepartment
    Radio Advisory Committee (IRAC) of NTIA.[^20] IRAC raised no
    interference issues concerning DMC's proposed use of frequency
    163.250 MHz with 20 kHz bandwidth.[^21] We conclude, therefore, that
    application of the rule in this circumstance would not frustrate its
    underlying purpose. In addition, we conclude that a waiver would be
    in the public interest, because DMC's current medical paging system
    is vital to the safety of DMC's patients. Based on the facts before
    us, we believe that DMC has shown that a waiver is warranted.

# Conclusion

6.  Because we find that DMC has demonstrated that a waiver of Section
    90.265(e)(1)(ii) is warranted, we grant the application and waiver
    request so that DMC may restore operation of its formerly authorized
    operations with 20 kHz bandwidth. However, we caution DMC that it
    must achieve narrowband compliance with Section 90.265 on or before
    January 1, 2013,[^22] and to ensure that it timely adheres to its
    license renewal obligations.

# Ordering Clauses

7.  Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Section 1.925 of the Commission's rules, 47 C.F.R. § 1.925, that the
    Waiver Request filed by the Detroit Medical Center on February 15,
    2006 associated with application FCC File No. 0002316654 IS GRANTED,
    and the application SHALL BE PROCESSED in accordance with this
    *Order* and the Commission's rules.

8.  This action is taken under delegated authority pursuant to Sections
    0.191 and 0.392 of the Commission's rules, 47 C.F.R. §§ 0.191,
    0.392.

FEDERAL COMMUNICATIONS COMMISSION

Dana Shaffer

Chief, Policy Division

> Public Safety and Homeland Security Bureau

[^1]: *See* FCC File No. 0002316654, Waiver Request (Waiver Request)
    (filed Feb. 15, 2006).

[^2]: *Waiver Request* at 1.

[^3]: *See* 47 C.F.R. § 90.265(e)(1)(ii).

[^4]: *See* 47 C.F.R. §§ 90.20(c)(3), (d)(13), 90.265.

[^5]: *See* Amendment of Parts 2 and 90 of the Commission's Rules to
    Provide for Narrowband Private Land Mobile Radio Channels in the
    150.05-150.8 MHz, 162.174 MHz, and 406.1-420 MHz Bands that are
    Allocated for Federal Government Use, ET Docket No. 04-143, *Report
    and Order*, 20 FCC Rcd 5793, 5796 ¶ 5 (2005) (*Federal Narrowbanding
    R&O*).

[^6]: *Id*. at 5806 ¶ 32.

[^7]: *See* Waiver Request at 1.

[^8]: *Id.* at 1-2. In addition, on August 2, 2005, DMC received special
    temporary authorization, call sign WQDD843, to continue to operate
    the system.

[^9]: *See* Waiver Request at 1.

[^10]: 47 C.F.R. § 1.925(b)(3)(i).

[^11]: 47 C.F.R. § 1.925(b)(3)(ii).

[^12]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969),
    *aff'd*, 459 F.2d 1203 (D.C. Cir. 1972), *cert. denied*, 409 U.S.
    1027 (1972) (*citing Rio Grande Family Radio Fellowship, Inc. v.
    FCC*, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broadcasting
    Corporation, *Memorandum Opinion and Order,* 18 FCC Rcd 1414, 1415 ¶
    6 (2003).

[^13]: *Federal Narrowbanding R&O*, 20 FCC Rcd at 5794-5 ¶¶ 3-4.

[^14]: *Id.* at 5796 ¶ 5.

[^15]: *Waiver Request* at 2.

[^16]: *Id.* at 1.

[^17]: *Id.*

[^18]: *Id.*

[^19]: *Id.*

[^20]: *See* FCC File No. 0002316654.

[^21]: *Id*.

[^22]: *See* 47 C.F.R. § 90.265(e)(1)(iv).