*Pages 1--3 from Microsoft Word - 9603.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- 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 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). 1 2 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 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). 2 3 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. 3