DA 04-2071

Released: July 8, 2004

**The Wireless Telecommunications Bureau Extends the Freeze on High
Power Use of the 460-470 MHz Band Offset Channels until December 31,
2005**

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 remain in effect until December 31, 2005.[^1] The Bureau is
extending the duration of the freeze to provide hospitals and other
health care providers that operate medical telemetry equipment in the
460-470 MHz band adequate time to migrate to spectrum dedicated to the
Wireless Medical Telemetry Service ("WMTS"), while providing PLMR users
a date certain by which the freeze will end. The Bureau does not
anticipate any further extensions of the December 31, 2005 deadline.

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 MHz).[^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.[^11] AHA also recognized
that the land mobile radio community is eager to obtain the full
utilization of this band.[^12] 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."[^13] 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.[^14] 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.[^15] 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.[^16]

The Bureau has been working with AHA and the American Society for Health
Care Engineering (ASHE), representing health care provider interests,
and LMCC, representing the interests of the PLMR community, to develop 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. The Bureau also
has been coordinating with representatives of the U.S. Food and Drug
Administration (FDA) on this matter to ensure that medical telemetry
communications, particularly those of a critical nature, are not
adversely affected during such transition. In this regard, the Bureau
has extended the current freeze on previous occasions in an effort to
develop a transition plan and process which equitably balanced the
interests of the identified stakeholders and resulted in minimum
disruption to current operations in the 460-470 MHz band.[^17] After
months of discussions coordinated with the Bureau, AHA and LMCC, by
consensus, developed an approach whereby the current freeze would remain
in effect through December 31, 2005.[^18]

AHA and LMCC believe, on balance, that the public interest would be best
served by maintaining the current freeze until December 31, 2005, rather
than lifting it at some earlier time. This approach provides a date
certain by which all medical telemetry operations in the 460-470 MHz
band can either transition to the WMTS spectrum or obtain interference
protection by becoming licensed on the same basis as other Part 90
operations. It also provides sufficient time to permit effective
planning for an orderly and efficient transition so as to avoid
disruption to ongoing medical telemetry operations. In addition, it
provides a mechanism to continue to protect medical telemetry operations
from harmful interference pending their transition to WMTS spectrum or
Part 90 licensing.

Given this extended transition, the parties have agreed to work with
both the FCC and the FDA to provide impetus for the migration of
hospitals from the 460 MHz band to the new WMTS bands. To further assist
health care facilities still operating low-powered telemetry systems in
the 460-470 MHz band in their transition to the WMTS spectrum or to
fully licensed status, ASHE has created a registration process that will
allow such hospitals and health care facilities to register information
about their current use with ASHE. This registration program will allow
AHA and ASHE to compile a more accurate database of the number, location
and frequency being used by hospitals operating in the 460-470 MHz band,
which will, in turn allow AHA, ASHE, the FDA and the Bureau to track the
progress of the migration of medical telemetry devices out of the
460-470 MHz band, assist hospitals with problems in migration, and
communicate with the affected hospitals regarding the regulatory impact
of the lifting of the freeze on December 31, 2005. We take this
opportunity to remind operators of WMTS equipment that to be licensed as
required by the Commission's rules, they must register their equipment
and frequencies with ASHE prior to operation. *See* Section 95.1111 of
the Commission's Rules, 47 C.F.R.

§ 95.1111.

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. 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,* ET Docket No. 99-255, 16 FCC Rcd 4543 (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.*

[^13]: *Id.* at 2.

[^14]: *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).

[^15]: 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.

[^16]: 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 the October 15,
    2003 Public Notice. *See* Letter dated Oct. 13, 2003 from Larry
    Miller, President, Land Mobile Communications Council, to John
    Muleta, Chief, Wireless Telecommunications Bureau, FCC.

[^17]: *See* The Wireless Telecommunications Bureau Extends the Freeze
    on High Power Use of the 460-470 MHz Band Offset Channels, *Public
    Notice*, DA 04-987 (WTB rel. Apr. 9, 2004); The Wireless
    Telecommunications Bureau Extends the Freeze on High Power Use of
    the 460-470 MHz Band Offset Channels, *Public Notice*, DA 04-1654
    (WTB rel. June 8, 2004).

[^18]: *See* Letter from Mary Beth Savary Taylor, AHA, and Jim Pakla,
    LMCC, to D'wana Terry, Chief, Public Safety and Critical
    Infrastructure Division, Wireless Telecommunications Bureau (filed
    July 8, 2004).