$//PN,Freeze on apps in 421-430 and 470-512 MHz,DA 95-1839//$ DA 95-1839 RELEASED: August 22, 1995 FREEZE ON THE FILING OF APPLICATIONS FOR 12.5 kHz OFFSET CHANNELS IN THE 421-430 MHz AND 470-512 MHz BANDS (PR Docket 92-235, FCC 95-255) On June 15, 1995, the Commission adopted a Report and Order, PR Docket 92-235, FCC 95-255, 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-Parkard Company (HP) to freeze the filing of new high-powered stations on 12.5 kHz offset channels in the 450-470 MHz band. See Public Notice, DA 95-1771. 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. (over) 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.  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 contrary to the public interest if the Commission did not act to protect the PLMR spectrum from potential harmful interference. This action is effective immediately. By the Chief, Wireless Telecommunications Bureau. Wireless Telecommunications Bureau contact: Ira Keltz at 202-418-0616. - FCC -