PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-2006 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: September 23, 1997 FILING FREEZE TO BE LIFTED FOR APPLICATIONS UNDER PART 90 FOR 12.5 kHz OFFSET CHANNELS IN THE 421-430 MHz AND 470-512 MHz BANDS On August 22, 1995, the Wireless Telecommunications Bureau (Bureau) granted a request by the Land Mobile Communications Council (LMCC), an umbrella organization that includes as members all Part 90 frequency coordinators, to freeze the filing of applications for new frequency assignments established in the Report and Order in PR Docket No. 92-235 (Refarming proceeding) that are 12.5 kHz removed from frequencies available in the 421-430 MHz and 470-512 MHz bands under the former rules (12.5 kHz offset channels). See Public Notice, DA 95-1839, 10 FCC Rcd 10958 (Wireless Telecommunications Bureau 1995). The Bureau granted the request in order to give the private land mobile community additional time to develop procedures for coordinating the new channel assignments in these bands. Once the issue concerning proper coordination procedures was resolved, the Bureau stated it would notify the public regarding the lifting of the freeze. In the Second Report and Order in the Refarming proceeding, the Commission addressed the issue of coordination procedures. See Second Report and Order, PR Docket No. 92-235, FCC 97-61 (released March 12, 1997). It stated that coordination procedures are needed to protect existing and new systems from harmful interference. However, rather than establish specific procedures in Part 90 of the Rules, the Commission indicated that the frequency coordinators should attempt to reach a consensus themselves on the applicable coordination procedures. See Second Report and Order, para. 43. Recently, LMCC notified the Bureau that the frequency coordinators have reached a consensus concerning applicable coordination procedures for new assignments on 12.5 kHz offset channels in the 470-512 MHz band. See Letter from Larry A. Miller, President, LMCC, to Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission (Sept. 10, 1997). Under these coordination procedures, to coordinate the 12.5 kHz offset channels in the 470-512 MHz band, the frequency coordinators have agreed upon interference criteria and an appropriate calculation method. Coordinators will use the propagation/coverage protocols embodied within the model developed by the Telecommunications Industry Association (TIA), Working Group (WG) 8.8, in applying the interference criteria and calculation method, to minimize adjacent channel interference to existing and new licensees. According to LMCC, the coordination methodology is intended to provide licensees with protection similar to that afforded them by the current co-channel separation requirements set forth in our Rules. Since a consensus has been reached, LMCC requests that the Bureau lift the freeze on the 12.5 kHz offset channels in the 470-512 MHz band, effective October 17, 1997. LMCC also requests that the Bureau establish an October 1, 1997, starting date on which entities seeking a license to operate on these channels may apply for frequency coordination from one of the recognized frequency coordinators. Based on this consensus, we will lift the freeze on filing applications for the new 12.5 kHz offset channels in the 470-512 MHz band, effective October 17, 1997. Thus, we will start accepting applications for these channels on that date. Additionally, pursuant to LMCC's request, we will establish October 1, 1997, as the earliest date on which requests for coordination may be submitted to a recognized frequency coordinator. This will ensure that no applicant gains an unfair advantage in procuring these exclusive (over) frequencies. Such action also is consistent with the coordination procedures implemented when private land mobile radio licensing was initiated on exclusive frequencies in the 900 MHz band. See Public Notice, DA 86-173, 1 FCC Rcd 543 (Private Radio Bureau 1986). Provisions regarding the use of channels in the 470-512 MHz band are contained in Part 90, Subpart L, of the Rules. We take this opportunity to highlight a few of the key requirements. Once a channel in an "urbanized area" is assigned to a user in one of the categories specified in Section 90.311 of the Rules, subsequent authorizations on such channel in that urbanized area will be granted only to the same category of users. Additionally, for conventional systems, licensees are required to show that any assigned channels in this band in a particular urbanized area are at full capacity before they will be assigned additional 470-512 MHz channels in that area. See 47 C.F.R.  90.311. For stations that are operating at full capacity, Section 90.311 of the Rules specifies the minimum allowable distance between co-channel stations. See 47 C.F.R.  90.313(c). Finally, authorization to operate on the 12.5 kHz offset channels is contingent on using equipment that operates on channel bandwidths of 12.5 kHz or less. See 47 C.F.R.  90.173(m). As noted above, the 12.5 kHz offset channels in the 421-430 MHz band were also subject to the Bureau's filing freeze for new applications. Although this band differs from the 470-512 MHz band (e.g., applicants cannot obtain any form of exclusivity), we granted the freeze request in order to give the frequency coordinators an opportunity to first develop technical procedures for coordinating new licenses on the 12.5 kHz offsets. Because such procedures are embodied within the TIA WG 8.8 model, which all the coordinators have agreed to use, we believe it is appropriate at this time to also lift the freeze on this band. Accordingly, effective October 17, 1997, the Commission will begin accepting applications for the 12.5 kHz offset channels in the 421-430 MHz band. The LMCC submissions are available for public inspection during regular business hours in the Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, FCC, 2025 M Street, N.W., Washington D.C. By the Chief, Wireless Telecommunications Bureau. Wireless Telecommunications Bureau Contact: Ira Keltz at (202) 418-0680. -FCC-