[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Rules and Regulations]
[Page 43720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20732]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PR Docket No. 92-235, FCC 95-255]
Private Land Mobile Radio Services
AGENCY: Federal Communications Commission.
ACTION: Final rule; Clarification.
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SUMMARY: On June 15, 1995, the Commission adopted a Report and Order
which resolves many of the technical issues which have inhibited
private land mobile radio (PLMR) users from employing the most
spectrally-efficient technologies. This Public Notice clarifies the
June 15, 1995, Report and Order so that license applications requesting
power in excess of that now permitted on the offsets (e.g., 2 watts
output power in all services except the Special Industrial Radio
Service, where entities may be licensed for an effective radiated power
of up to 100 watts) will not be accepted for filing until issues are
resolved relative to the consolidation of radio services and/or the
designation of dedicated channels in the 450-470 MHz band for low power
use. Upon the resolution of these issues, the Commission will notify
the public as to the lifting of the freeze.
EFFECTIVE DATE: August 11, 1995.
FOR FURTHER INFORMATION CONTACT: Mark Rubin of the Wireless
Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION: On June 15, 1995, the Commission adopted a
Report and Order, PR Docket No. 92-235, FCC 95-255 60 FR 37152, July
19, 1995 to promote more efficient use of the private land mobile radio
(PLMR) spectrum below 800 MHz. The Commission formulated a narrowband
channel plan in order to promote spectrum efficiency. Under the new
plan, channels in the 450-470 MHz band available under former
Sec. 90.267 of the Commission's rules, 47 CFR 90.267, that are 12.5 kHz
removed from regularly-assignable channels and reserved for low power
operation (``12.5 kHz offset channels'') can be assigned for high power
operation. The Commission recognized, however, that there still is a
need for low power channels. It stated that frequency coordinators, as
part of the coordination transition plan, could designate specific
channels for low power use. A key part of the frequency coordination
plan is the consolidation of the twenty PLMR services. The Commission
provided the PLMR community three months to negotiate and submit a
consensus plan for consolidation.
Hewlett-Packard Company (HP) submitted a letter on July 25, 1995,
to the Chief of the Private Wireless Division, requesting that, in
light of the August 18, 1995, effective date of the new rules, the
Commission protect current operations on these 12.5 kHz offset channels
until the underlying issues regarding frequency coordination and the
establishment of dedicated channels in the 450-470 MHz band for low
power use are addressed. HP stated that hospitals use tens of thousands
of HP telemetry devices operating on the 12.5 kHz offsets to monitor
electrocardiographs and other critical information on the status of
cardiac patients. HP explained that these telemetry units play an
important role in allowing cardiac patients to become ambulatory within
limited proximity to the treating hospital, thereby facilitating
recovery and reducing inpatient costs. HP suggested that medical
telemetry and high-powered operations cannot co-exist on these 12.5 kHz
offset channels.
The Bureau agrees with HP that a problem could develop if many
applicants were to file for and obtain high powered operation on these
offsets prior to coordinators identifying a new location for low power
operations. Therefore, license applications requesting power in excess
of that now permitted on the offsets (e.g., 2 watts output power in all
services except the Special Industrial Radio Service, where entities
may be licensed for an effective radiated power of up to 100 watts)
will not be accepted for filing until issues are resolved relative to
the consolidation of radio services and/or the designation of dedicated
channels in the 450-470 MHz band for low power use. Upon the resolution
of these issues, the Commission will notify the public as to the
lifting of the freeze.
The imposition of the freeze is procedural in nature and,
therefore, is not subject to the notice and comment and effective date
requirements of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)). See Neighborhood TV Co., Inc. v. FCC, 742 F.2d 629 (D.C.
Cir. 1984, Buckeye Cablevision, Inc. v. United States, 438 F. 2d 948
(6th Cir. 1971), and Kessler v. FCC, 326 F.2d 673 (D.C. Cir. 1963).
Furthermore, good cause exists for non-compliance with the APA's
``notice and comment'' and ``effective date'' requirements because it
would be impractical, unnecessary, and contrary to the public interest
if the Commission did not act to protect the critical operations on
these 12.5 kHz offset channels. This action is effective immediately.
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
[FR Doc. 95-20732 Filed 8-22-95; 8:45 am]
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