FOR RECORD ONLY
$/PN,FREEZE ON THE FILING in the 450-470 band,DA 95-1771//$
$/90.267 Assignement and use of 12.5 kHz frequency offsets/$
                                   Released:  August 11, 1995


FREEZE ON THE FILING OF HIGH POWER APPLICATIONS FOR 12.5 kHz
OFFSET CHANNELS IN THE 450-470 MHz BAND
     (PR Docket 92-235, FCC 95-255)
                     
     On June 15, 1995, the Commission adopted a Report and Order,
PR Docket No. 92-235, FCC
95-255, 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 Section 90.267 of the Commission's rules, 47 C.F.R.  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.

By the Chief, Wireless Telecommunications Bureau.

Wireless Telecommunications Bureau contact:  Mark Rubin at
202-418-0680.



- FCC-