Subject: [NEXTEL-1] The Wireless Telecommunications Bureau Extends the Freeze on High Power Use of the 460-470 MHz Band Offset Channels

From: [email-masked]
Date: Sat, 10 Apr 2004 05:12:46 -0400

DA 04-986

April 9, 2004

The Wireless Telecommunications Bureau  Extends the Freeze on High Power
Use of  the 460-470 MHz Band Offset Channels

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 60 days.   
The Bureau is extending the duration of the freeze to allow it to 
finalize a plan to facilitate the orderly transition of high power 
operations on these offset channels.

By way of background, the Commission, in 1995, adopted a new, more
efficient channel plan for PLMR services in the 450-470 MHz band.  
Under the channel plan adopted, channels in the 450-470 MHz band that
were 12.5 kHz removed from regularly-assignable channels at that time
(“12.5 kHz offset channels”) would be available for high power
operations.  Previously, medical telemetry systems used these “offsets”
on a secondary, noninterference basis to primary adjacent channel 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 in-hospital medical
telemetry devices can operate free of harmful interference.  In
establishing the WMTS, the Commission 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).   Also, the Commission determined that WMTS
operations should be licensed by rule in lieu of individual licensing. 
Based on this decision, the Commission further decided that there was a
need to establish some mechanism to track the usage of WMTS
transmitters.  In this regard, the Commission concluded that this
information should be maintained in a database by one or more private
sector frequency coordinators to be designated by the Bureau.   Prior to
operation, health care providers must register all medical telemetry
devices operating on WMTS spectrum.    In addition, 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.   

On September 23, 2003, however, the American Hospital Association (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 noted 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 stated 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 asked that the freeze not be lifted and
proposed a thirty-month plan for the transition of medical telemetry
operations to the WMTS spectrum.   In a Public Notice released October
15, 2003, the Bureau announced it was extending the freeze for a period
of up to 180 days and sought comment on the AHA proposal.  The Land
Mobile Communications Council (LMCC), an umbrella organization
representing the PLMR community that includes as members all Part 90
frequency coordinators, opposed the AHA proposal. 

The Bureau has been working with AHA, LMCC and the U.S. Food and Drug
Administration (FDA) to come up with a plan to allow for the orderly
transition of  high power operations on 12.5 kHz offset channels in the
PLMR 460-470 MHz band.  To give the Bureau additional time to finalize a
plan, we will extend the current freeze for a period of up to 60 days.

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 Freda Thyden, of the Public Safety and
Critical Infrastructure Division of the Wireless Telecommunications
Bureau at (202) 418-0627, TTY (202) 418-7233, or via e-mail to
freda.thyden @ fcc.gov.

By the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau.
 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-986A1.doc

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