[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Notices]
[Page 70505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31217]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 03-3178]


Freeze on High Power Use of the 460-470 MHz Band Extended

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document the Federal Communications Commission (FCC) 
announces that its freeze on the filing of applications for high power 
operations on 12.5 kHz offset channels in the private land mobile radio 
460-470 MHz band, which had been originally set to expire October 16, 
2003, will instead be extended. In June 2000, the FCC established the 
Wireless Medical Telemetry Service (WMTS), and allotted a total of 13.5 
megahertz of spectrum on a primary basis in three blocks (608-614 MHz, 
395-1400 MHz, and 1427-1429.5). To prevent potential interference to 
medical telemetry operations the FCC froze applications for high power 
use of offset channels in the 460-470 MHz band on October 16, 2000 for 
a period not to exceed three years. Thus, the freeze was set to expire 
on October 16, 2003. The purpose of the three year freeze was to give 
hospitals sufficient time to migrate their medical telemetry operations 
from the 460-470 MHz band to the new WMTS bands.

DATES: For up to 180 days after October 16, 2003, the freeze on the 
filing of applications for high power operations on 12.5 kHz offset 
channels in the private land mobile radio 460-470 MHz band, will 
continue in the ``freeze'' status.

FOR FURTHER INFORMATION CONTACT: John Kuzma, P.E., [email protected], 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, (202) 418-7479, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of FCC Public Notice, DA 
03-3178, released October 15, 2003. The full text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. 
The complete text may be purchased from the FCC's copy contractor, 
Qualex International, 445 12th Street, SW., Room CY-B402, Washington, 
DC 20554. The full text may also be downloaded at: http://www.fcc.gov/wtb. Alternative formats are available to persons with disabilities by 
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365 or at 
[email protected].
    1. On September 23, 2003, the American Hospital Association (AHA) 
reported that, based on its recent, informal polling of hospitals, 
there has been virtually no migration of medical telemetry systems to 
the WMTS frequencies. AHA notes that high power use in the 460-470 MHz 
band has the potential to interfere with existing medical telemetry 
systems that have not moved to the WMTS frequencies and has proposed a 
thirty-month plan for the transition of medical telemetry equipment 
into the WMTS frequencies.
    2. The decision to extend the freeze is procedural in nature and 
therefore not subject to the notice and comment and effective date 
requirements of the Administrative Procedure Act. Moreover, there is 
good cause for not using notice and comment procedures in this case, or 
making the freeze extension effective 30 days after publication in the 
Federal Register. The FCC finds that such procedures would be 
impractical, unnecessary and contrary to the public interest as our 
compliance would undermine the public policy rationale of the freeze in 
the first place. The decision to impose a temporary extension of the 
freeze is not intended to reflect on the ultimate resolution of the use 
of this band, but is intended to maintain the FCC's regulatory options 
in the band pending the resolution of such issues described herein and 
to the continue to protect against harmful interference to medical 
telemetry operations pending such resolutions. This action is 
authorized under sections 4(i), 4(j), and 303(r) of the Communications 
Act of 1934, as amended, 47 U.S.C. Sec. Sec.  154(i), 154(j), 303(r), 
and is taken under delegated authority pursuant to Sec. Sec.  0.131 and 
0.331 of the Commission's rules, 47 CFR 0.131, 0.331.

    Federal Communications Commission.
Ramona Melson,
Deputy Chief, Public Safety and Private Wireless Division.
[FR Doc. 03-31217 Filed 12-17-03; 8:45 am]
BILLING CODE 6712-01-P