*Pages 1--3 from Microsoft Word - 2205.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov DA 00- 1359 Released: June 29, 2000 WIRELESS TELECOMMUNICATIONS BUREAU ACCEPTS LMCC LOW POWER PLAN FOR PART 90 450- 470 MHz BAND 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 rules (“ 12.5 kHz offset channels”), were reclassified as regularly assignable channels available for high power operation. In making this change, however, the Commission recognized the continuing need for low power channels and tasked the Part 90 frequency coordinators with devising a low power plan through industry consensus. 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. 2 In consolidating the PLMR services, the Commission pointed out the importance of low power channels and gave the frequency coordinators until October 17, 1997, to develop a consensus plan for low power operations in the two pools. On June 4, 1997, the Land Mobile Communications Council (LMCC), a PLMR organization that includes as members the Part 90 FCC- certified frequency coordinators, submitted a plan for low power and full power operations on the 12.5 kHz offset channels in the 450- 460 MHz band (“ Consensus Plan”). LMCC asked the Commission to endorse the Consensus Plan. 3 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, PR Docket No. 92- 235, Report and Order, 10 FCC Rcd 10076 (1995). 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 Radio Services, PR Docket No. 92- 235, Second Report and Order, 12 FCC Rcd 14307 (1997). 3 See Letter dated June 4, 1997, from Larry Miller, President, LMCC to Daniel Phythyon, Acting Chief, Wireless Telecommunications Bureau, Federal Communications Commission. 1 2 Because implementing the Consensus Plan, as submitted, would require changes to the Commission’s Rules, the plan did not appear to constitute the type of Consensus Plan originally envisioned by the Commission. The LMCC subsequently modified its plan. The “modified” Consensus Plan, submitted August 21, 1997, reserves 104 of the current 12.5 kHz offset channel pairs (and channel pairs 6.25 kHz directly above and below these channel pairs) specifically for low power operation – ninety (90) channel pairs in the Industrial/ Business Pool and fourteen (14) channel pairs in the Public Safety Pool. In the Second Memorandum Opinion and Order in the Refarming proceeding, adopted April 6, 1999, 4 the Commission stated that once it was satisfied that the LMCC plan is viable and consistent with the rules, the Wireless Telecommunication Bureau (WTB) would issue a Public Notice stating that the plan has been accepted. The Commission noted, however, that it would defer its acceptance of the LMCC low power plan until the matter concerning interference to medical telemetry is resolved. On June 8, 2000, the Commission adopted a Report and Order in ET Docket No. 99- 255. This proceeding established a Wireless Medical Telemetry Service under Part 95, 47 C. F. R. Part 95, and allocated spectrum for medical telemetry operations. In addition, the Report and Order in this proceeding stated that the Commission 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 WTB would issue a Public Notice concerning the details of lifting the freeze. 5 By this Public Notice, we accept LMCC’s modified low power Consensus Plan. We will license only low power operations on the specified frequencies pursuant to Section 90.267 of the Commission’s Rules, 47 C. F. R. § 90.267. A list of the 12.5 kHz offset frequencies in the 450- 470 MHz band designated for low power use is attached to this Public Notice as Appendix A. Each frequency coordinator must maintain a current listing of frequencies designated for low power and make it available to the public upon request. As noted in the Refarming proceeding, the coordinators, by consensus, may change this list in the future. 6 4 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, PR Docket No. 92- 235, Second Memorandum Opinion and Order, 14 FCC Rcd 8642 (1999). 5 In a companion Public Notice also released today, WTB announces the details of lifting the freeze on filing high power applications for 12.5 kHz offset channels in the 450- 460 MHz band. As noted in that Public Notice, the freeze will remain in effect for the 460- 470 MHz band. See Freeze on the Filing of High Power Applications for 12.5 kHz Offset Channels in the 450- 460 MHz Band to Be Lifted, Public Notice, DA 00- 1360 (June 29, 2000). 6 Such changes will become effective thirty (30) days after notification to the WTB, by letter, of the planned changes. 2 3 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. 3