PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                           DA 97-2556

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                                                Released: December 10, 1997


                  Office of Engineering and Technology
              Declares EDAP Technomed, Inc. Waiver Request
                   of Part 18 Radiated Emission Limits
        A "Permit-But-Disclose" Proceeding for Ex Parte Purposes


        On May 23, 1996, EDAP Technomed, Inc. (EDAP) filed a petition for waiver of the radiated
emission limits in Section 18.305(b) of the FCC rules to operate a medical device at 1.296 GHz for
treatment of Benign Prostatic Hyperplasia.  The Office of Engineering and Technology (OET) issued
a public notice inviting comments from interested parties.  Opposition was raised by the American
Radio Relay League, Inc. and Urologix, Inc.  The National Telecommunications and Information
Administration (NTIA) also raised objections to the petition citing concerns about potential
interference to Government air traffic control radar systems.  Informal comments were also submitted
by Amateur Radio operators by email to OET staff after the formal comment period ended.  On its
own motion, EDAP has been attempting to address the concerns of opposing parties.  On November
20, 1997, OET received a letter from NTIA stating conditions to which NTIA would agree to a grant
of the EDAP waiver.  EDAP filed a letter with OET on December 1, 1997 stating its support of the
NTIA conditions.

        Some confusion appears to have arisen as to the status of this proceeding under the
Commission's new ex parte rules which went into effect June 2, 1997.  OET has concluded that in
order to permit a fuller exchange on the complex issues under consideration in this proceeding, it
should be treated, for ex parte purposes, as a "permit-but-disclose" proceeding.  Therefore, in
accordance with Section 1.1200(a) of the Commission's Rules, 47 CFR  1.1200(a), as revised, this
proceeding will be treated, for ex parte purposes, as a "permit-but-disclose" proceeding and subject to
the "permit-but-disclose" requirements under Section 1.1206(b) of the rules, 47 CFR  1.1206(b) as
revised.  All parties making ex parte presentations either written or orally must comply with the
"permit-but-disclose" requirements.

        Interested parties wishing to file comments regarding the recent NTIA and EDAP filings are
invited to do so no later than January 9, 1998.  Parties filing replies may do so by January 26, 1998.

        A public file of documents related to this matter is available for inspection and copying in the
Office of Engineering and Technology, Suite 480, 2000 M Street, NW, Washington, DC 20554.  For
further information concerning this proceeding contact Anthony Serafini at (202) 418-2456, Technical
Rules Branch, Office of Engineering and Technology.