[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Rules and Regulations]
[Pages 29677-29678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12773]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 90, and 95

[WP Docket No. 07-100; FCC 10-75]


PLMR Licensing; Frequency Coordination and Eligibility Issues

AGENCY: Federal Communications Commission.

ACTION: Final rule; clarification.

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SUMMARY: In this document, the Commission, on its own motion, clarifies 
certain rules adopted in a previous decision in this proceeding to 
further explain our analysis underlying this decision. We also clarify 
the rule change removing the frequency coordination requirement for 
applications to modify private land mobile radio licenses by reducing 
the authorized bandwidth.

FOR FURTHER INFORMATION CONTACT: Scot Stone, Wireless 
Telecommunications Bureau, at (202) 418-0638, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#7f2c1c100b512c0b10111a3f191c1c51181009"><span class="__cf_email__" data-cfemail="3f6c5c504b116c4b50515a7f595c5c11585049">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communication Commission's Order on Reconsideration in WP Docket No. 
07-100, FCC 10-75, adopted on May 4, 2010, and released on May 6, 2010. 
This document is available to the public at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-75A1.doc.

Synopsis of the Order on Reconsideration

    1. In this Order on Reconsideration, we act on our own motion to 
clarify the bases for certain rule changes adopted in the above-
captioned proceeding. In the Second Report and Order published at 75 FR 
19277, April 14, 2010, in this proceeding, we amended our rules to 
provide that Wireless Medical Telemetry Service (WMTS) operations are 
not permitted in the portions of the 1427-1432 MHz band where non-
medical telemetry has primary status. We take this opportunity to 
further explain our analysis underlying this decision. We also clarify 
the rule change removing the frequency coordination requirement for 
applications to modify

[[Page 29678]]

private land mobile radio licenses by reducing the authorized 
bandwidth.
    2. WMTS was established to enhance the reliability of medical 
telemetry equipment, and to ensure that wireless medical telemetry 
devices can operate free of harmful interference. The band 1427-1432 
MHz is shared between medical and non-medical telemetry operations. 
Generally, WMTS has primary status in the lower half of the band, and 
non-medical telemetry is primary in the upper half. Our rules do not 
explicitly authorize WMTS systems to operate on a secondary basis on 
frequencies where non-medical telemetry is primary. In response to 
conflicting requests, the Notice of Proposed Rulemaking published at 72 
FR 32582, June 13, 2007, in this proceeding sought comment on amending 
the rules to clarify whether such operations are permitted.
    3. In the Second Report and Order, we concluded that secondary WMTS 
operations should not currently be authorized. We noted that the 
Commission created WMTS in order to make available spectrum where 
medical telemetry services could operate free from harmful 
interference, and expressed concern that the authorization of secondary 
WMTS operations could subject such operations to the same interference 
issues that the WMTS allocation was intended to address. Because the 
record suggested that WMTS devices can operate safely on a secondary 
basis under certain conditions, however, we sought comment in the 
Second Further Notice of Proposed Rule Making published at 75 FR 19340, 
April 14, 2010, on whether secondary WMTS operations should be 
sanctioned upon the adoption of adequate safeguards.
    4. We take this opportunity to further clarify that our decision in 
the Second Report and Order not to permit additional secondary WMTS 
operations at this time was not based on a conclusion that operation of 
medical devices on a secondary basis is per se contrary to the public 
interest. Rather, we concluded only that appropriate and effective 
measures must be taken to detect and avoid harmful interference, and 
that the existing record did not provide a sufficient basis to 
determine that such measures could be developed. This decision 
pertained only to WMTS, taking into account the unique technical 
characteristics of the service, the current lack of safeguards in our 
rules to promote safe secondary operations, and the operations with 
which WMTS shares spectrum. Further, as noted above, the issue of 
whether to amend the rules to authorize secondary operations under 
appropriate conditions remains pending in this proceeding.
    5. In addition, the Second Report and Order amended Sec.  90.175(j) 
of the Commission's rules to remove the frequency coordination 
requirement for applications to modify existing licenses by reducing 
the authorized bandwidth. We found no need for a part 90 frequency 
coordinator to review such proposals in advance, because a simple 
reduction in authorized bandwidth cannot adversely impact co-channel or 
adjacent channel licensees. It may, however, increase the amount of 
power within a certain bandwidth. Consequently, we take this 
opportunity to remind licensees that the coordination and consent 
requirements set forth in Sec.  1.924 of our rules regarding proposed 
new or modified operations in quiet zones continue to apply to such 
applications.

Marlene H. Dortch,
Secretary, Federal Communications Commission.
[FR Doc. 2010-12773 Filed 5-26-10; 8:45 am]
BILLING CODE 6712-01-P


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