[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47303-47304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22293]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PR Docket No. 92-235, DA 95-1839]
Freeze on the Filing of Applications for 12.5 KHz Offset Channels
in the 421-430 MHz and 470-512 MHz Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule; Clarification.
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SUMMARY: On June 15, 1995, the Commission adopted a Report and Order
that resolves many of the technical issues which have inhibited private
land mobile radio (PLMR) users from employing the most spectrally
efficient technologies. This document clarifies the June 15, 1995
Report and Order so that license applications on frequencies 12.5 kHz
removed from any channel available under the former rules in the 421-
430 MHz and 470-512 MHz frequency bands will not be accepted for filing
until issues are resolved relative to proper frequency coordination.
Upon the resolution of these issues, the Commission will notify the
public as to the lifting of the freeze.
EFFECTIVE DATE: August 22, 1995.
FOR FURTHER INFORMATION CONTACT:
Ira Keltz of the Wireless Telecommunications Bureau at (202) 418-0616.
SUPPLEMENTARY INFORMATION: On June 15, 1995, the Commission adopted a
Report and Order, PR Docket 92-235, FCC 95-255 (60 FR 37152, July 19,
1995), 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-Packard
Company (HP) to freeze the filing of new high-powered stations on 12.5
kHz offset channels in the 450-470 MHz band (60 FR 43720, August 23,
1995). 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.
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.
Sec. 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
[[Page 47304]]
contrary to the public interest if the Commission did not act to
protect the PLMR spectrum from potential harmful interference. This
action is effective August 22, 1995.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-22293 Filed 9-11-95; 8:45 am]
BILLING CODE 6712-01-M
