DA 04-1654

June 8**,** 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 30 days.[^1] 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.[^2]
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.[^3]

In June 2000, the Commission established the Wireless Medical Telemetry
Service (WMTS),[^4] 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).[^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.[^6] Prior
to operation, health care providers must register all medical telemetry
devices operating on WMTS spectrum.[^7] In addition, the Commission
encouraged hospitals to migrate their medical telemetry operations from
the 460-470 MHz band to the new WMTS bands.[^8] 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.[^9]

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.[^10] 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.[^11] 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."[^12]
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.[^13] 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.[^14]
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.[^15]

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, on April 9, 2004, we extended the current freeze for 60 days.[^16]
In order to provide more time for the Bureau to complete the task of
finalizing the plan, we will extend the current freeze for a period of
up to 30 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 Lippert 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.

[^1]: Twenty-one channel pairs and four unpaired frequencies ("Group C")
    in the 450-470 MHz band are designated for low power use on a
    licensed, frequency coordination exempt, itinerant basis. *See* 47
    C.F.R. § 90.267(e). In addition to the freeze on applications for
    high-power offsets in the 460-470 MHz band, ten of the "Group C"
    channels are unavailable for itinerant licensing until the
    conclusion of the medical telemetry migration deadline. *See* 47
    C.F.R. § 90.267(e)(3).

[^2]: *See* Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them and
    Examination of Exclusivity and Frequency Assignment Policies of the
    Private Land Mobile Services, *Report and Order*, PR Docket No.
    92-235, 10 FCC Rcd 10076 (1995).

[^3]: *See* Freeze on Filing of High Power Applications for 12.5 kHz
    Offset Channels in the 450-470 MHz Band, *Public Notice,* 10 FCC Rcd
    9995 (WTB 1995). Later, the Commission instituted an exception to
    the freeze by allowing new high power systems to be licensed on any
    former 12.5 kHz offset channel not specifically designated for low
    power use if the license applications were accompanied by a
    statement from a frequency coordinator attesting that operation of
    the new high power system would not have an impact on any currently
    operating co-channel low power system. *See* Replacement of Part 90
    by Part 88 to Revise the Private Land Mobile Radio Services and
    Modify the Policies Governing Them and Examination of Exclusivity
    and Frequency Assignment Policies of the Private Land Mobile
    Services, PR Docket No. 92-235, *Second Report and Order*, 12 FCC
    Rcd 14307, 14343 ¶ 67 (1997). The freeze on applications for offsets
    in the 450-460 MHz portion of the band was lifted in early 2001.
    Because most medical telemetry systems operated between 460-470 MHz,
    the Bureau maintained the 460-470 MHz freeze. *See* Freeze on the
    Filing of High Power Applications for 12.5 kHz Offset Channels in
    the 450-460 MHz Band to be Lifted January 29, 2001, *Public Notice*,
    15 FCC Rcd 9996.

[^4]: Amendment of Parts 2 and 95 of the Commission's Rules to Create a
    Wireless Medical Telemetry Service, *Report and Order*, ET Docket
    No. 99-255, 15 FCC Rcd 11206 (2000) (*WMTS R&O*).

[^5]: *See* 47 C.F.R. § 95.630. At seven locations listed in 47 C.F.R. §
    90.259(b)(4), WMTS may operate on a primary basis in the 1429-1431.5
    MHz band (rather than in the 1427-1429.5 MHz band).

[^6]: On February 23, 2001, the Bureau released an *Order* designating
    the American Society for Health Care Engineering of the American
    Hospital Association (ASHE/AHA or ASHE) to serve as the frequency
    coordinator for WMTS. *See* Amendment of Parts 2 and 95 of the
    Commission's Rules to Create a Wireless Medical Telemetry Service,
    *Order,* DA 01-470, released February 23, 2001.

[^7]: *See* 47 C.F.R. § 95.1111.

[^8]: *WMTS R&O*, 15 FCC Rcd at 11225 ¶ 57 (Commission's goal was to
    provide spectrum where medical telemetry equipment can operate
    without interference, but also to encourage medical telemetry users
    to eventually migrate out of the current bands). "Despite the fact
    that medical telemetry has no legal protection from interference in
    \[the current\] bands, the fact remains that the Commission has had
    to take steps to protect medical telemetry from interference because
    it is used to protect safety of life. The steps the Commission has
    taken, such as the freeze in the 450-470 MHz band and the
    requirement for DTV stations to notify nearby health care
    facilities, affect other parties. We therefore wish to encourage
    medical telemetry users to migrate out of the current frequency
    bands and into the new frequency bands." *Id.*

[^9]: *Id.* at 11227 ¶ 65. The WMTS rules became effective on October
    16, 2000. Thus, the freeze would have been subject to lifting on or
    before October 16, 2003.

[^10]: AHA Plan at 2.

[^11]: *Id.* at 2-3.

[^12]: *Id.* at 2.

[^13]: *See* Letter from Rick Pollack, Exec. Vice Pres., American
    Hospital Assoc., to John Muleta, Chief, Wireless Telecommunications
    Bureau, FCC, dated Sept. 23, 2003 (AHA Plan).

[^14]: Wireless Telecommunications Bureau Extends Freeze on High Power
    Use of 460-470 MHz Band Offset Channels and Seeks Comment on
    American Hospital Association's Proposal for Migration of Medical
    Telemetry Equipment to Wireless Medical Telemetry Service, *Public
    Notice*, DA 03-3178, released October 15, 2003.

[^15]: On October 13, 2003, the Land Mobile Communications Council
    submitted a letter to the Bureau opposing the AHA Plan (via e-mail).
    We believe that it is in the public interest to submit this letter
    into the record as comments received in response to this public
    notice. *See* Letter from Larry Miller, President, Land Mobile
    Communications Council, to John Muleta, Chief, Wireless
    Telecommunications Bureau, FCC, dated Oct. 13, 2003.

[^16]: *See* Freeze on High Power Use of the 460-470 MHz Band Offset
    Channels, *Public Notice*, DA 04-987 (rel. Apr. 9, 2004).