Subject: [NEXTEL-1] EXTENDS FREEZE ON HIGH POWER USE OF 460-470 MHZ BAND-SEEKS COMMENT ON AMERICAN HOSPITAL ASSOCIATION’S PROPOSAL

From: [email-masked]
Date: Thu, 16 Oct 2003 16:55:32 -0400

DA 03-3178
October 15, 2003

WIRELESS TELECOMMUNICATIONS BUREAU EXTENDS FREEZE ON HIGH POWER USE OF 460-470 MHZ
EXTENDS FREEZE ON HIGH POWER USE OF 460-470 MHZ  OFFSET CHANNELS AND
SEEKS COMMENT ON AMERICAN HOSPITAL ASSOCIATION’S PROPOSAL
FOR MIGRATION OF MEDICAL TELEMETRY EQUIPMENT TO
WIRELESS MEDICAL TELEMETRY SERVICE

Comment Date:  October 30, 2003   Reply Date:  November 10, 2003

The Wireless Telecommunications Bureau (Bureau) announces that the freeze on the
filing of applications for high power operations on 12.5 kHz offset channels in
the private land mobile radio (PLMR) 460-470 MHz band will continue for up to 180
days.   The Bureau is extending the duration of the freeze to allow it to consider
a proposal and new information filed by the American Hospital Association (AHA) on
September 23, 2003 (AHA Plan).   By this Public Notice, the Bureau also seeks
comment on the AHA Plan.

Background.  In 1995, the Commission adopted a new, more efficient channel plan
for PLMR services in the 450-470 MHz band   that redesignated “offset” channels
for high power, primary use.  Previously, medical telemetry systems used these
“offsets” on a secondary, noninterference basis to primary PLMR operations.
Recognizing that co-channel, high power operations could result in interference to
medical telemetry operations, the Bureau froze the filing of applications for high
power operations on offset channels in the 450-470 MHz band pending resolution of
the medical telemetry issues.

In June 2000, the Commission established the Wireless Medical Telemetry Service
(WMTS),  an action aimed at ensuring that medical telemetry devices can operate
free of harmful interference.  WMTS is allotted a total of 13.5 megahertz of
spectrum on a primary basis in three blocks (608-614 MHz, 1395-1400 MHz, and
1427-1429.5).   In establishing the WMTS, the Commission encouraged hospitals to
migrate their medical telemetry operations from the 460-470 MHz band to the new
WMTS bands.   To accommodate this migration, the Commission stated its intention
to lift the freeze on applications for high power use of offset channels in the
460-470 MHz band within three years of the effective date of the WMTS rules.

AHA Plan.  On September 23, 2003, AHA reported that, based on its recent, informal
polling of hospitals, there has been virtually no migration of medical telemetry
systems to the WMTS frequencies.   AHA notes that high power use in the 460-470
MHz band has the potential to interfere with existing medical telemetry systems
that have not moved to the WMTS frequencies and recognizes that the land mobile
radio community is eager to obtain the full utilization of this band.   In this
connection, AHA states that “no one will benefit if widespread interference to
medical telemetry services results from the premature use of this band by
higher-powered land mobile systems.”   To address this matter, AHA proposes a
thirty-month plan for the transition of medical telemetry equipment into the WMTS
frequencies.

A summary of the major components of the AHA Plan is as follows:

? As soon as it determines it is appropriate, the FCC should announce its intent
to lift the freeze on accepting applications for high power operations in the
460-470 MHz band starting six months after the announcement is made.

? During the first five months after the announcement, the AHA, in conjunction
with the FCC and the Food and Drug Administration, would notify all hospitals of
the need to register their geographic location and the channels they are using in
the 460-470 MHz band with the American Society for Health Care Engineering (ASHE),
the database administrator for the WMTS.

? Beginning in the sixth month following the FCC announcement, land mobile
coordinators would be authorized (with payment of appropriate fees designed only
to cover ASHE’s cost for such searches) to access and search the ASHE database as
part of the function by which they would coordinate the higher-powered land mobile
use of the 460-470 MHz band; using a 40-mile protection distance between the land
mobile base station and any hospitals registering systems in the WMTS, the
coordinators would assign channels for higher-powered land mobile operations only
on channels in the band that would not create co-channel or adjacent channel
interference to a hospital that registered its operations in the 460-470 MHz band.

? Hospitals registering their 460 MHz band systems with ASHE will be obligated to
notify ASHE promptly after they have terminated their use of any channels in the
460 MHz band, and the AHA will continue to encourage all medical facilities to
move to WMTS channels as soon as practical.  Beginning with the 18th month after
the FCC’s announcement, to the extent that no better alternatives were available,
the land mobile coordinators would be authorized to utilize a 20-mile protection
distance, and any hospital experiencing interference would be required to work
directly with those land mobile licensees who are licensed in their geographic
area to mitigate such interference, but without any recourse to require any
changes to the land mobile licensee who is operating within its licensed
parameters.

? Following the 30th month after the FCC announcement, land mobile coordinators
would be authorized, using good engineering analysis, to license any available
frequency without reference to the existence of wireless medical telemetry systems
remaining on channels in the 460 MHz band.

Interested parties may file comments on the AHA Plan on or before October 30,
2003.  Parties interested in submitting reply comments must do so on or before
November 10, 2003.  All comments should reference the AHA Plan and the DA number
of this Public Notice, and should be filed with the Office of the Secretary,
Federal Communications Commission, 445 Twelfth Street, S.W., TW-325, Washington,
D.C. 20054.  A copy of each filing should be sent to (1) Qualex International,
Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, (202)
863-2893;  (2) John Kuzma, Federal Communications Commission, Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division, Policy and
Rules Branch, 445 Twelfth Street, SW, Room 4-B479, Washington, D.C. 20554; and (3)
Maria Ringold, Federal Communications Commission, Consumer and Governmental
Affairs Bureau, Reference Information Center, 445 Twelfth Street, S.W., Room
CY-B529, Washington, D.C. 20554.

The address for FCC locations should be used only for documents filed by United
States Postal Service first-class mail, Express Mail, and Priority Mail.
Hand-delivered or messenger-delivered documents for the Commission's Secretary are
accepted only by the Commission’s contractor, Natek, Inc., at 236 Massachusetts
Avenue, N.E., Suite 110, Washington, D.C. 20002.  The filing hours at this
location are 8:00 a.m. to 7:00 p.m.  All hand deliveries must be held together
with rubber bands or fasteners.  Any envelopes must be disposed of before entering
236 Massachusetts Avenue, N.E.  Other messenger-delivered documents, including
documents sent by overnight mail (other than United States Postal Service Express
Mail and Priority Mail) should be addressed for delivery to 9300 East Hampton
Drive, Capitol Heights, MD 20743.  All filings must be addressed to the
Commission’s Secretary, Office of the Secretary, Federal Communications
Commission.

The full text of the AHA Plan, comments and reply comments will be available for
inspection and duplication during regular business hours in the FCC Reference
Information Center (RIC) of the Consumer and Governmental Affairs Bureau, Federal
Communications Commission, 445 12th Street, S.W., Room CY-A257, Washington, D.C.
20554.  Copies also may be purchased from the Commission’s duplicating contractor,
Qualex International, Portals II, 445 12th Street, S.W., Room CY-B402, Washington,
D.C. 20554, (202) 863-2893, facsimile (202) 863-2898, or via e-mail
[email-masked].  For further information regarding the public reference file
for the AHA Plan, contact Maria Ringold, Chief, Wireless Branch, RIC, (202)
418-1355.

This matter is designated as a "permit but disclose" proceeding in accordance with
the Commission's ex parte rules.  47 C.F.R. §§ 1.1200(a), 1.1206.  Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentations must contain summaries of the substance of the presentations and not
merely a listing of the subjects discussed.  More than a one or two sentence
description of the views and arguments presented is generally required.  See 47
C.F.R. § 1.1206(b).  Other rules pertaining to oral and written ex parte
presentations in permit-but-disclose proceedings are set forth in Section
1.1206(b) of the Commission's rules.  47 C.F.R. § 1.1206(b).

The decision to extend the freeze is procedural in nature and therefore not
subject to the notice and comment and effective date requirements of the
Administrative Procedure Act.  Moreover, there is good cause for not using notice
and comment procedures in this case, or making the freeze extension effective 30
days after publication in the Federal Register.  We find that such procedures
would be impractical, unnecessary and contrary to the public interest as our
compliance would undermine the public policy rationale of the freeze in the first
place.  The decision to impose a temporary extension of the freeze is not intended
to reflect on the ultimate resolution of the use of this band, but is intended to
maintain the Commission’s regulatory options in the band pending the resolution of
such issues described herein and to the continue to protect against harmful
interference to medical telemetry operations pending such resolutions.  This
action is authorized under Sections 4(i), 4(j), and 303(r) of the Communications
Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 303(r), and 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.

For further information, contact Mr. John Kuzma, of the Policy and Rules Branch of
the Public Safety and Private Wireless Division of the Wireless Telecommunications
Bureau at (202) 418-7479, TTY (202) 418-7233, or via e-mail to [email-masked].

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

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