[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47303-47304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22293]



-----------------------------------------------------------------------


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90

[PR Docket No. 92-235, DA 95-1839]


Freeze on the Filing of Applications for 12.5 KHz Offset Channels 
in the 421-430 MHz and 470-512 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule; Clarification.

-----------------------------------------------------------------------

SUMMARY: On June 15, 1995, the Commission adopted a Report and Order 
that resolves many of the technical issues which have inhibited private 
land mobile radio (PLMR) users from employing the most spectrally 
efficient technologies. This document clarifies the June 15, 1995 
Report and Order so that license applications on frequencies 12.5 kHz 
removed from any channel available under the former rules in the 421-
430 MHz and 470-512 MHz frequency bands will not be accepted for filing 
until issues are resolved relative to proper frequency coordination. 
Upon the resolution of these issues, the Commission will notify the 
public as to the lifting of the freeze.

EFFECTIVE DATE: August 22, 1995.

FOR FURTHER INFORMATION CONTACT:
Ira Keltz of the Wireless Telecommunications Bureau at (202) 418-0616.

SUPPLEMENTARY INFORMATION: On June 15, 1995, the Commission adopted a 
Report and Order, PR Docket 92-235, FCC 95-255 (60 FR 37152, July 19, 
1995), to promote more efficient use of the private land mobile radio 
(PLMR) spectrum in the 150-174 MHz VHF band, and in the 421-430 MHz, 
450-470 MHz, and 470-512 MHz UHF bands. In the Report and Order, the 
Commission recognized the need for time to develop frequency 
coordination standards for the new narrowband channel plans. It stated 
that all new channels 7.5 kHz removed from any channel available in the 
150-174 MHz band under the former rules, and those channels 6.25 kHz 
removed from any channel available in the 421-512 MHz UHF bands under 
the former rules, would not be available for licensing until August 18, 
1996. See Report and Order, paragraph 41. Consistent with comments of 
the PLMR community, however, the Commission concluded that coordination 
and assignments on the new channels 12.5 kHz removed in the UHF band 
could proceed.
    On August 11, 1995, the Bureau granted a request by Hewlett-Packard 
Company (HP) to freeze the filing of new high-powered stations on 12.5 
kHz offset channels in the 450-470 MHz band (60 FR 43720, August 23, 
1995). On that same day, August 11, the Land Mobile Communications 
Council (LMCC) submitted a request to stay all assignments on the new 
channels in the VHF 150-174 MHz band and the UHF 421-430, 450-470, and 
470-512 MHz bands. On August 17, LMCC provided supplemental information 
relating to this request. LMCC notes that the Report and Order created 
a complex new PLMR environment with a wide variety of operational 
systems, including analog and digital, trunked and conventional, older 
wideband and newer narrowband, and high and low-power stations. LMCC 
contends that at this time, the frequency coordinators do not have the 
information to make informed frequency recommendations regarding the 
assignment of the new channels.
    In the Report and Order, we decided not to accept applications for 
new channels 7.5 kHz removed from any channel in the VHF band and 6.25 
kHz removed from any channel in the 421-512 MHz UHF band pending the 
development of standards. The Bureau now also believes that the public 
interest will be served by giving the land mobile community additional 
time to develop standards for 12.5 kHz offset channels in the 421-430 
MHz and 470-512 MHz UHF bands. Therefore, we are expanding the freeze 
granted on August 11 to include all new frequencies that are 12.5 kHz 
removed from any frequency available in the 421-430 MHz and 470-512 MHz 
bands under the former rules. As with our freeze on applications for 
high-powered stations on the 450-470 MHz offset channels, this freeze 
will be in effect until the issues related to proper coordination are 
resolved. Upon resolution of these issues, we will notify the public of 
the lifting of the freeze on these channels.
    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. 
Sec. 553). 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 this exception to the APA's notice 
and comment, and effective date requirements, because it would be 
impractical, unnecessary, and 

[[Page 47304]]
contrary to the public interest if the Commission did not act to 
protect the PLMR spectrum from potential harmful interference. This 
action is effective August 22, 1995.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-22293 Filed 9-11-95; 8:45 am]
BILLING CODE 6712-01-M