DA 00-1360

Released: June 29, 2000

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

On June 15, 1995, the Commission adopted a *Report and Order* in PR
Docket No. 92-235, (*Refarming proceeding*), to promote more efficient
use of the private land mobile radio (PLMR) spectrum below 512 MHz.[^1]
Under the rules adopted, channels in the 450-470 MHz band that were 12.5
kHz removed from regularly-assignable channels and reserved for low
power operation under former Section 90.267 of the Commission's Rules
("12.5 kHz offset channels"), were reclassified as regularly assignable
channels available for high power operation.

On August 11, 1995, the Wireless Telecommunications Bureau (WTB) granted
a request by the Hewlett-Packard Company (HP) to freeze the filing of
applications requesting power in excess of that previously permitted on
the 12.5 kHz offset channels.[^2] The WTB indicated that the freeze
would remain in effect until such time as the issues regarding
coordination and the establishment of dedicated channels for low power
medical telemetry use are addressed. WTB agreed with HP that medical
telemetry and high power operations could not co-exist on these 12.5 kHz
offset channels. WTB noted that once the issues are resolved, it would
notify the public regarding the lifting of the freeze.

On March 12, 1997, the Commission adopted a *Second Report and Order* in
the Refarming proceeding that consolidated the twenty PLMR services into
two pools -- a Public Safety Pool and an Industrial/Business Pool.[^3]
In consolidating the PLMR services, the Commission noted that it would
provide a period of seven months before lifting the freeze on high power
operations on the 12.5 kHz offset channels in order to give low power
users a chance to migrate to the new low power frequencies designated by
the frequency coordinators. Subsequently, the Commission stated that it
would defer its acceptance of the Land Mobile Communications Council
(LMCC) low power plan and associated commencement of the seven-month
migration period, and maintain the freeze until the matter concerning
interference to medical telemetry is resolved.[^4]

On June 8, 2000, the Commission adopted a *Report and Order* in ET
Docket No. 99-255 and established a Wireless Medical Telemetry Service
under Part 95, 47 C.F.R. Part 95, allocating spectrum for medical
telemetry operations.[^5] In addition, the *Report and Order* in this
proceeding stated that WTB would lift the freeze on high power use of
the 12.5 kHz offset channels in the 450-460 MHz segment of the 450-470
MHz PLMR band based on the limited usage of this segment for medical
telemetry. Further, the *Report and Order* in this proceeding noted that
the WTB would issue a Public Notice concerning the details of lifting
the freeze.

Based on the *Report and Order* in ET Docket No. 99-255, we will lift
the freeze on filing applications requesting power in excess of that
previously permitted on the 12.5 kHz offset channels in the 450-460 MHz
band effective 7 months from the date of this Public Notice. Thus, we
will start accepting applications for 12.5 kHz offset channels in the
450-460 MHz band requesting high power on **January 29, 2001**. Further,
we will establish **January 2, 2001**, as the earliest date on which
requests for coordination of high-powered operation may be submitted to
a certified frequency coordinator. As noted in the *Report and Order* in
ET Docket 99-255, we will address lifting the freeze for high power use
in the 460-470 MHz band at a later date.[^6] In a companion *Public
Notice* released today, WTB announces acceptance of the LMCC low power
plan.[^7]

After the freeze is lifted, existing low power users may remain on the
channel they are currently authorized to operate. Users that do so,
however, are reminded that if the channel is available for high power
operation they will not be afforded interference protection from high
power stations. Incumbent low power users on the 12.5 kHz offset
channels where high power operations will be permitted may nonetheless
obtain primary status by increasing power, specifying coordinates (or
operating area) and employing narrowband (12.5 kHz) equipment. We note,
however, that obtaining such primary status does not guarantee that they
will not receive interference from high power operations. Also, existing
low power users may move to one of the designated low power channels as
specified in the companion Public Notice referenced above. Further, they
may move to a low power offset channel even if they are using wideband
(greater than 12.5 kHz) equipment. However, if wideband equipment is
utilized, the low power stations will be secondary to adjacent channel
operations.

For further information, contact Michael Wilhelm of the Public Safety
and Private Wireless Division, Wireless Telecommunications Bureau at
(202) 418-0680, TTY (202) 418-7233, or via e-mail to mwilhelm@fcc.gov.

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

[^1]: *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 Radio Services, *Report and Order*, 10 FCC Rcd
    10076 (1995).

[^2]: *See* *Public Notice* , DA 95-1771 (rel. Aug. 11, 1995).

[^3]: *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 Radio Services, *Second Report and Order,* PR
    Docket No. 92-235, 12 FCC Rcd 14307 (1999).

[^4]: *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 Radio Services, *Second Memorandum Opinion and
    Order,* 14 FCC Rcd 8642 (1999).

[^5]: Amendment of Parts 2 and 95 of the Commission's Rules to Create a
    Wireless Medical Telemetry Service, ET Docket No. 99-255, *Report
    and Order* (rel. June 12, 2000).

[^6]: *Id.* In the *Report and Order* the Commission stated that it
    would lift the freeze on this segment within 3 years from the
    effective date of the rules.

[^7]: Wireless Telecommunications Bureau Accepts LMCC Low Power Plan for
    Port 90 450-470 MHz Band, *Public Notice*, DA No. 00-1359 (June 29,
    2000).