Subject: [NEXTEL-1] Public Safety,STA & Nexthell

From: Marcel <[email-masked]>
Date: Tue, 31 Dec 2002 14:18:30 -0500

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

R/M Management Co. Inc.

Petition for Reconsideration of Dismissal of Application for Special Temporary Authority
for Public Safety Radio Station Operations in Lexington, Kentucky )

File No. 0000851186

MEMORANDUM OPINION AND ORDER

   Adopted: December 30, 2002 Released: December 31, 2002

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications
Bureau:

I. INTRODUCTION

1. On May 28, 2002, R/M Management Co., Inc. (R/M) filed a Petition for Reconsideration
(Petition)  of the April 29, 2002, dismissal  of its Request for Special Temporary
Authority (STA Request)  by the Public Safety and Private Wireless Division, Licensing and
Technical Analysis Branch (Branch).  In the Dismissal Notice, the Branch denied R/M’s STA
request which sought authorization to conduct the same operations as its formerly licensed
Station WNBA478, Lexington, Kentucky.   For the reasons set forth below, we deny the
Petition.

II. BACKGROUND

2. Section 1.931 of the Commission's Rules provides for the grant of special temporary
authority (STA) in the Private Wireless Services under five circumstances:  (1) in
emergency situations; (2) to permit the restoration or relocation of existing facilities
to continue communication service; (3) to conduct tests to determine necessary data for
the preparation of an application for regular authorization; (4) for a temporary,
non-recurring service where a regular authorization is not appropriate; or (5) in other
situations involving circumstances which are of such an extraordinary nature that delay in
the institution of service would seriously prejudice the public interest.   When seeking
an STA, the applicant must fully describe the nature of the circumstances that, in its
opinion, warrant grant of the requested STA.   An applicant may request an STA not to
exceed 180 days for operation of a new station.  Any request for waiver of this 180-day
limit must be accompanied by evidence of frequency coordination.

3. R/M is an administrative servicing entity of Rural/Metro Corporation (Corporation)
holding all the licenses of the Corporation and its subsidiaries.   The Corporation and
its operating subsidiaries provide health and safety services which include 911 emergency
ambulance and general medical transport services to municipal, residential, commercial and
industrial customers.   These entities also provide fire protection services, which
include fire prevention, fire suppression and first responder medical care to
municipalities and other governmental bodies, as well as residential, commercial and
industrial customers.   They operate in twenty-seven states and the District of
Columbia.   According to R/M, the Corporation grew significantly through a series of
acquisitions during the 1990s during the consolidation of the ambulance industry in this
country.

4. The Corporation provides emergency and non-emergency transportation services in
Lexington, Kentucky, through its operating subsidiary Mercury Ambulance Services, Inc.
(Mercury Ambulance),  which held a license for former Station WNBA478. The license for
Station WNBA478 expired without renewal on May 20, 1999.  R/M asserts that upon discovery
of the expired license, Mercury Ambulance ceased operating the subject station, sought
alternative methods of communications,  and is currently using the services of Nextel
Communications (Nextel), a commercial mobile radio service provider, to meet its
communications needs.   On April 16, 2002, R/M filed the STA Request to permit it to
operate the facilities associated with former Station WNBA478 until such time as it
received a new Commission license.   The Branch dismissed the STA Request on the basis
that the initiation of service as described in the STA Request did not provide adequate
justification for such an authorization.   In dismissing the STA Request, the Branch
advised R/M that the purpose of an STA is to provide relief for a short period of time
during emergencies or other urgent conditions and that R/M’s request did not meet this
criterion.

III. DISCUSSION

5. Petition for Reconsideration.  In its Petition, R/M asserts that the circumstances of
its STA Request fall squarely within the parameters of Section 1.931(b)(2) of the Rules
and thus, granting its request would be in the public interest.   R/M alleges that lack of
radio communications may greatly compromise Mercury Ambulance’s provision, on a daily
basis, of emergency and non-emergency services in Lexington, Kentucky.   Additionally, R/M
contends that because state requirements mandate that all ambulance providers have both
fixed and mobile portable radios in each ambulance, the failure to receive an STA may
force R/M to cease providing ambulance service to Lexington.

6. R/M argues that its current use of Nextel radios, following the discovery that the
license for Station WNBA478 had expired, is only an intermediate solution until the
Commission grants it an STA.   Furthermore, R/M claims, Nextel radios should not be
considered a permanent alternative to the radio service previously provided by Station
WNBA478 because use of Nextel radios can result in inefficiencies in the administration
and provision of emergency services.   In support of this contention, R/M alleges that its
dispatch center can only communicate with one vehicle at a time and thus, the dispatch
center must contact each radio handler individually rather than providing a broadcast
dispatch which all units would hear simultaneously.  R/M argues that, in contrast with
former Station WNBA478, Nextel units cannot simultaneously listen to all radio traffic.
In this connection, R/M states that a Nextel unit closer to the scene of an emergency may
not hear a dispatch,  thus causing an increase in emergency response time.

7. In further support of its STA Request, R/M contends that the Nextel system does not
provide the same grade of service as the facilities it previously used.   According to
R/M, on two different occasions, the Nextel system experienced outages that lasted over
four hours.   R/M maintains that this might not be a problem for commercial users, but
poses a problem for an ambulance company.   R/M also submits that the use of Nextel radios
results in additional expenses for Mercury Ambulance requiring expenditure of funds that
would otherwise be available for the provision of ambulance services.   R/M further
asserts that, without an STA to operate a radio station until it receives a new license,
the services it offers will be hindered and the reliability of its communications will be
compromised.

8. Decision.  Based on our review of the record, we find that the Branch’s action in this
matter was correct under the circumstances presented.  Contrary to R/M’s assertion, the
facts presented do not warrant granting an STA under the provisions of Section 1.931(b)(2)
of the Commission’s Rules.   Nothing in the STA Request persuades us that there is an
emergency situation  requiring the immediate use of the radio facilities of former Station
WNBA478.   Instead, the record reflects that Mercury allowed Station WNBA478 to expire
without renewal and that R/M Management subsequently obtained Nextel’s services instead of
filing an application for a new license to replace that of former Station WNBA478.  R/M’s
failure, to date, to file a frequency coordinated application for permanent authority is
particularly notable because once it does so, it will be authorized to operate the
proposed station during the pendency of its application for up to 180 days.   Thus, if R/M
does not believe that its communications needs are being adequately met by the alternative
arrangements it has made, then it should consider whether to revisit its earlier decision
not to apply for a new license to authorize operations identical or similar to those of
former Station WNBA478.  Indeed, R/M itself acknowledges that it does not consider the use
of Nextel radios to be a permanent alternative to its previous radio operations.
Additionally, the instant request does not establish that there is any need to immediately
restore or relocate the operations of the former radio station.

9. R/M also fails to meet the other criteria for grant of an STA.  It does not seek to
conduct tests to determine necessary data for the preparation of a license application,
or request temporary non-recurring service where a regular authorization is not
appropriate.   Nor does the situation involve circumstances that are of such an
extraordinary nature that the public interest would be harmed if the STA Request was not
granted.   Because R/M has a system in place to meet its current communications needs, we
do not believe the public interest has been prejudiced by denying R/M’s request.  Finally,
R/M has failed to demonstrate that the public interest would be harmed if its STA Request
is denied.   We believe that the circumstances in which R/M finds itself are neither
unique nor involuntary.  Failure to renew a license authorization results in license
expiration and the need to file for a new authorization or to find alternate means to meet
communications requirements.  It is the responsibility of the licensee to file timely
renewal applications.

10. The circumstances presented here were well within the control of Station WNBA478’s
licensee.  R/M seems to assert that the failure to file a timely renewal application was
an oversight caused by the Corporation’s acquisitions during the last decade.   However,
the licensee’s business decisions do not excuse it from filing a timely renewal
application.   Moreover, R/M has failed to diligently prosecute its requests for operating
authority.  Three years elapsed since the Station WNBA478 authorization expired and the
Commission’s records reflect that R/M still has not filed an application for a new
license, although it indicated an intention to do so.   Thus, even had we found merit in
the STA Request, it could not be granted because an application for regular operation has
not been filed as required for grant of an STA   Also, R/M should have requested an STA
for a specific period of time not exceeding 180 days, as required by Section 309(f) of the
Communications Act of 1934, as amended,  and Section 1.931(a)(3) of the Commission’s
Rules.   Instead, R/M requested an STA “until grant of an application for a new
license.”   Moreover, although the record is silent as to exactly when R/M ceased
operation of the facilities associated with former Station WNBA478, it is apparent that
the station was operated for a substantial period of time without Commission
authorization.  Accordingly, we are referring this matter to the Commission’s Enforcement
Bureau for such action as it deems appropriate.
IV. CONCLUSION

11. As noted by the Commission, acting on STA requests—whether granting or denying
them—imposes an additional processing burden on the Commission’s staff leaving less time
to process other applications.   To avoid abuse of this process, STA requests are
dismissed except under the extraordinary circumstances contemplated in the Rules.  For the
reasons set forth above, we find no basis for reversing the Branch’s decision.  The
Branch’s action was warranted based on the facts presented, and was consistent with
Commission precedent.  Therefore, we deny R/M’s Petition.

12. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications
Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Section 1.106 of the Commission’s
Rules, 47 C.F.R. § 1.106, that the Petition for Reconsideration filed by R/M Management
Co., Inc., on May 28, 2002, IS DENIED.
13. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of
the Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331.
   FEDERAL COMMUNICATIONS COMMISSION

    D’wana R. Terry
     Chief, Public Safety and Private Wireless Division
      Wireless Telecommunications Bureau

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