[Federal Register: July 27, 2004 (Volume 69, Number 143)]
[Notices]
[Page 44667-44668]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy04-60]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 04-2071]
Wireless Telecommunications Bureau Extends the Freeze on High
Power Use of the 460-470 MHz Band Offset Channels
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: This document informs that the freeze on the filing of
applications for high power operations on 12.5 kHz offset channels in
the private land mobile radio (PLMR) 460-470 MHz band will remain in
effect until December 31, 2005. The Bureau is extending the duration of
the freeze to provide hospitals and other health care providers that
operate medical telemetry equipment in the 460-470 MHz band adequate
time to migrate to spectrum dedicated to the Wireless Medical Telemetry
Service (``WMTS''), while providing PLMR users a date certain by which
the freeze will end. The Bureau does not anticipate any further
extensions of the December 31, 2005 deadline.
DATES: Effective July 8, 2004.
FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden,
freda.thyden@fcc.gov, Public Safety & Critical Infrastructure Division,
Wireless Telecommunications Bureau, (202) 418-0627, or TTY (202) 418-
7233.
SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice
released on July 8, 2004.
1. The Commission, in 1995, adopted a new, more efficient channel
plan for PLMR services in the 450-470 MHz band. Under the channel plan
adopted, channels in the 450-470 MHz band that were 12.5 kHz removed
from regularly-assignable channels at that time (``12.5 kHz offset
channels'') would be available for high power operations. Previously,
medical telemetry systems used these ``offsets'' on a secondary,
noninterference basis to primary adjacent channel PLMR operations.
Recognizing that co-channel, high power operations could result in
interference to medical telemetry operations, the Bureau froze the
filing of applications for high power operations on offset channels in
the 450-470 MHz band pending resolution of the medical telemetry
issues.
2. In June 2000, the Commission established the Wireless Medical
Telemetry Service (WMTS), an action aimed at ensuring that in-hospital
medical telemetry devices can operate
[[Page 44668]]
free of harmful interference. In establishing the WMTS, the Commission
allotted a total of 13.5 megahertz of spectrum on a primary basis in
three blocks (608-614 MHz, 1395-1400 MHz, and 1427-1429.5 MHz). Also,
the Commission determined that WMTS operations should be licensed by
rule in lieu of individual licensing. Based on this decision, the
Commission further decided that there was a need to establish some
mechanism to track the usage of WMTS transmitters. In this regard, the
Commission concluded that this information should be maintained in a
database by one or more private sector frequency coordinators to be
designated by the Bureau. Prior to operation, health care providers
must register all medical telemetry devices operating on WMTS spectrum.
In addition, the Commission encouraged hospitals to migrate their
medical telemetry operations from the 460-470 MHz band to the new WMTS
bands. To accommodate this migration, the Commission stated its
intention to lift the freeze on applications for high power use of
offset channels in the 460-470 MHz band within three years of the
effective date of the WMTS rules.
3. On September 23, 2003, however, 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 noted 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. AHA also recognized that the land mobile radio community
is eager to obtain the full utilization of this band. In this
connection, AHA stated that ``no one will benefit if widespread
interference to medical telemetry services results from the premature
use of this band by higher-powered land mobile systems.'' To address
this matter, AHA asked that the freeze not be lifted and proposed a
thirty-month plan for the transition of medical telemetry operations to
the WMTS spectrum. In a Public Notice released October 15, 2003, the
Bureau announced it was extending the freeze for a period of up to 180
days and sought comment on the AHA proposal. The Land Mobile
Communications Council (LMCC), an umbrella organization representing
the PLMR community that includes as members all Part 90 frequency
coordinators, opposed the AHA proposal.
4. The Bureau has been working with AHA and the American Society
for Health Care Engineering (ASHE), representing health care provider
interests, and LMCC, representing the interests of the PLMR community,
to develop a plan to allow for the orderly transition of high power
operations on 12.5 kHz offset channels in the PLMR 460-470 MHz band.
The Bureau also has been coordinating with representatives of the U.S.
Food and Drug Administration (FDA) on this matter to ensure that
medical telemetry communications, particularly those of a critical
nature, are not adversely affected during such transition. In this
regard, the Bureau has extended the current freeze on previous
occasions in an effort to develop a transition plan and process which
equitably balanced the interests of the identified stakeholders and
resulted in minimum disruption to current operations in the 460-470 MHz
band. After months of discussions coordinated with the Bureau, AHA and
LMCC, by consensus, developed an approach whereby the current freeze
would remain in effect through December 31, 2005.
5. AHA and LMCC believe, on balance, that the public interest would
be best served by maintaining the current freeze until December 31,
2005, rather than lifting it at some earlier time. This approach
provides a date certain by which all medical telemetry operations in
the 460-470 MHz band can either transition to the WMTS spectrum or
obtain interference protection by becoming licensed on the same basis
as other part 90 operations. It also provides sufficient time to permit
effective planning for an orderly and efficient transition so as to
avoid disruption to ongoing medical telemetry operations. In addition,
it provides a mechanism to continue to protect medical telemetry
operations from harmful interference pending their transition to WMTS
spectrum or part 90 licensing.
6. Given this extended transition, the parties have agreed to work
with both the FCC and the FDA to provide impetus for the migration of
hospitals from the 460 MHz band to the new WMTS bands. To further
assist health care facilities still operating low-powered telemetry
systems in the 460-470 MHz band in their transition to the WMTS
spectrum or to fully licensed status, ASHE has created a registration
process that will allow such hospitals and health care facilities to
register information about their current use with ASHE. This
registration program will allow AHA and ASHE to compile a more accurate
database of the number, location and frequency being used by hospitals
operating in the 460-470 MHz band, which will, in turn allow AHA, ASHE,
the FDA and the Bureau to track the progress of the migration of
medical telemetry devices out of the 460-470 MHz band, assist hospitals
with problems in migration, and communicate with the affected hospitals
regarding the regulatory impact of the lifting of the freeze on
December 31, 2005. We take this opportunity to remind operators of WMTS
equipment that to be licensed as required by the Commission's rules,
they must register their equipment and frequencies with ASHE prior to
operation. See 47 CFR 95.1111.
7. 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. We find 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.
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. 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,
Associate Chief, Public Safety and Critical Infrastructure Division,
WTB.
[FR Doc. 04-17076 Filed 7-26-04; 8:45 am]
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