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Medtronic contends that the current inductively coupled medical implant devices are inefficient  x3in operation and cumbersome to the patient. A new generation of implant devices has been developed  xthat would provide a safer, less expensive, and less invasive method to diagnose and manage patient  S' x3conditions than the inductive systems now used.9G {O'ԍ Id. at 1.9 Medtronic further contends that a communications  xsystem that would allow physicians or patients to establish and maintain a painless and sterile  S5' xcommunications link would benefit the public interest and significantly lower health care costs.35ZG {O/ 'ԍ Id.3 For  xexample, the MICS would allow the use of implantable hemodynamic monitors ("IHMs") to measure  xphysiologic parameters within the body, such as cardiac output, thus replacing the need for dangerous and  xexpensive catheterizations. Improvements in medical implant technology are constantly being made and  xMnew medical implant devices are being developed to help an increasing number of patients with a wide  xtrange of medical problems, including atrial fibrillation, congestive heart failure, Parkinson's disease and  S ' xtcerebral palsy.8 G yO'ԍ Petition at 2.8 Medtronic, therefore, requests that the Commission establish the MICS as an ultra low  S ' xpower, unlicensed mobile radio service, operating in the 402405 MHz band,  |G {O' xt ԍ The 402405 MHz band is part of the 400406 MHz Meteorological Aids Service ("Metaids") band. See   x 2.106, Table of Frequency Allocations. Users of the Metaids band employ meteorological devices such as  x radiosondes, rocketsondes, and wind profiling radar systems. According to Medtronic, MICS operations and  xQ technologies require three megahertz of continuous bandwidth, and minimum interference to Metaids operations  {O'would result by using the 402405 MHz portion of the Metaids band. See Petition at 1, 14.  Ğ for transmitting data in support of the diagnostic and/or therapeutic functions associated with medical implant devices.  S7' "[ 7. We tentatively conclude that establishing the MICS would further the public interest by  x*promoting a significant advancement in communications with implanted medical devices in a manner that  xwould be far more efficient than now experienced in current systems. We believe that the MICS would  xgreatly improve the utility of medical implant devices by allowing physicians to establish high speed,  xceasy-to-use, reliable, short-range, wireless links to interconnect the implanted medical devices with  xmonitoring equipment. The two key attributes of the MICS that would enable this improvement are an  xoperating range of approximately two meters and a 100 kilobit per second data transmission rate. This  xhigher data exchange rate also would allow communications to keep pace with the rapidly increasing  xpinformation storage capabilities of medical implant devices. We also anticipate that medical implant  Sl' xdevices developed under the MICS would provide a safer, less expensive, and less invasiveM Xl0 G yO<"' xo ԍ MICS devices would be less invasive to a patient's privacy because they need not disrobe during examinations  x or treatments and also would not be touched by medical personnel. The faster data transfer rates would also mean less diagnostic and treatment time. M method to  xdiagnose and manage patient conditions than the inductive systems now used. Thus, we propose to amend  xQPart 95 of the Commission's Rules to establish the MICS. We further propose that the MICS be used for  xktransmitting data in support of the diagnostic and/or therapeutic functions associated with medical implant devices. We seek comment on our proposal."P ,l(l(,,A"Ԍ Q'Ù  Q'Technical Considerations  Sg' "8. Spectrum. The Commission has made other spectrum available for use by physicians and  S4' xhealth care providers in Part 15 of the Commission's Rules.I Z4G yO' x ԍ Part 15 of the Commission's Rules permits unlicensed operation of biomedical telemetry devices in the  {Od' x 174-216 MHz band (VHF TV channels 7-13) and in the 470-668 MHz band (UHF TV channels 14-46). See 47 C.F.R.  15.241 and 15.242.I With respect to spectrum available under  xPart 15, Medtronic states that technical considerations make that spectrum illsuited for proposed MICS  xQoperations because both the 174-216 MHz and the 512-566 MHz bands are outside the range of spectrum  S' xgit considers most suitable for propagation of radio signals within the human body. G {O% ' x ԍ Petition at 712. In an ex parte submission, Medtronic states that the appropriateness of the 402405 MHz  x^ band for MICS operations is a result of a combination of factors and is not solely dependent on the transmission  x characteristics of the band. Medtronic claims that if only propagation through tissue were concerned, the most  x desirable frequencies would be below the 402405 MHz band. However, other constraints such as the physical size  x and power consumption of medical implant transceivers, a relatively noise free radio environment, and international  xo frequency compatibility also affect the choice of spectrum. These factors, coupled with the good tissue propagation  {O' x characteristics of the 402405 MHz band make it the most desirable band for use in the MICS. See letter from David  x E. Hilliard, Counsel for Medtronic, Inc., to Eugene Thomson, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, dated June 8, 1998.  Medtronic further  xstates that medical devices operating in either of those bands must share that spectrum with high power  x<adjacent broadcasting stations which might cause interference, and that neither band lends itself to  S' x3international compatibility, as does the 402-405 MHz band.?  G yO`'ԍ Petition at 11.? Medtronic contends that with respect to  x3available licensed spectrum under Part 90 of the Commission's Rules, MICS operations also would be  S ' xyimpractical because of similar technical considerations.3 N G {O'ԍ Id.3 Although Part 90 permits operation of  Si ' xbiomedical telemetry devices in the 450-470 MHz band,ai G {O'ԍ See 47 C.F.R.  90.20, 90.238, and 90.267.a Medtronic argues that the 450-470 MHz band  xalso is outside the preferred range of spectrum for propagation of radio signals within the human body,  xand that the 450-470 MHz band is populated by relatively high-powered transmitters. Consequently,  xMedtronic contends that operation under Part 90 is not a viable alternative for MICS operations, stating  xthat MICS operation at power levels that would be necessary to overcome interference from other medical  Sj' xdevices under Part 90 could result in harmful interference to other devices sharing the frequency band.<jrG yO| 'ԍ Petition at 1112.<  S' "9. Medtronic contends that the 402-405 MHz band, besides being the frequency band it believes  xmost desirable for MICS operations, appears to be the only suitable spectrum that can support three  S' xmegahertz of bandwidth for MICS worldwide.<G {O@%'ԍ Id. at 12. < According to Medtronic, some nations may be unable  xto allocate, even on a secondary basis, the entire 402-405 MHz band. However, the use of at least a  xportion of this band will mean that U.S. travelers abroad will have a high probability of successful MICS"8,l(l(,,"  S' x<operation.3G {Oh'ԍ Id.3 Conversely, Medtronic points out that foreign visitors to the United States with MICS  S' ximplants will not have to forego use of potentially life-saving technology.4ZG {O'ԍ Id. 4 Medtronic asserts that after  xcareful analyses of these requirements and international regulations, it has determined that use of the  Sg' x/402-405 MHz band appears to be the only viable spectrum option for effective MICS operations.HgG {O'ԍ Id. at 7, 8.H  xMedtronic further asserts that MICS can be implemented in the 402-405 MHz band without interference  S' xto Metaids operations,[~G {O 'ԍ  Id., at 12, 14. See also n. 9.[ citing an International Telecommunication Union (ITU) recommendation that  xindicated that sharing is feasible between the MICS and Metaids Systems operating in the 401406 MHz  S' xxband if the effective isotropic radiated power ("EIRP") of MICS transmitters is limited to 25 microwatts. G yOK' x3 ԍ In its Petition, Medtronic references the report prepared by the ITU Radiocommunication Study Group,  xx Working Party 7C, Document 7C/TEMP/138E (5 June 1997). Subsequently, this document was incorporated into  x} ITUR Recommendation SA1346, "Sharing Between the Meteorological Aids Service and Medical Implant Communications Systems Operating in the Mobile Service in the Frequency Band 401406 MHz." (February 1998).  xMedtronic states that because of the very low power and duty cycle of MICS transmitters, there is virtually  xno threat of interference to any part of the extensive Metaids infrastructure, including but not limited to  x7the measurement and transmission of meteorological information and wind profiling radar systems. With  S' xrespect to interference from Metaids systemsE G {Og'ԍ See n.9, supra.E to the MICS, Medtronic states that although the primary  xusers of the Metaids band could cause interference to the MICS, the potential for a radiosonde system to  x/interfere with MICS is small because of the tenchannel capability of the MICS. In addition, wind  x3profiling radar systems are generally geographically remote to MICS locations and have very directive  S ' xantenna patterns, all to the advantage of MICS operations.d G {O-'See also n. 34 infra. See Petition at 13.d Therefore, Medtronic suggests that the MICS  S 'be designated as a secondary use of the 402-405 MHz part of the Metaids band.r G {O'ԍ See Petition at 2. See also  n. 34 infra.r  Sj' "W 10. Bandwidth. Medtronic states that the bandwidth requirements of MICS devices are  S7' x7determined by three factors: rate of data transmission, channelization, and receiver frequency accuracy.97G yO 'ԍ Petition at 10.9  xMedtronic claims that in order to support a 100 kilobits per second uplink (implant to programmer unit)  xQdata rate using frequency shift keyed (FSK) modulation, the uplink bandwidth must be approximately 300  S' x"kHz.3>G {O|$'ԍ Id.3 With a total of three megahertz of spectrum available, the MICS will be able to support ten  xindividual 300 kHz channels. Ten available channels will greatly reduce the possibility of multiple  xQprogrammer units in the same area interfering with each other, will allow the system to avoid interference  x^from other radio frequency devices that are used in clinical environments, and will help to protect patients",l(l(,,"  xMfrom any jamming or data corruption occurring as a result of another device being within range of the  S' ximplant.SZG yO5' x ԍ Computers and other RF generating devices are routinely used in hospitals, which complicates the maintenance  {O' x of electromagnetic compatibility at system levels because of the RF noise generated by these devices. See Petition at n.8 and Appendix B.S We believe that the potential for interference between multiple MICS systems operating in the  xsame area must be minimized to prevent adverse effects on patients. After considering Medtronic's  xarguments, we conclude that a 300 kHz bandwidth is necessary to support the required data rate  x*transmission. The three MHz of spectrum that would be made available in the 402405 MHz band would  xprovide for ten 300 kHz channels and, with multiple channel availability, interference between MICS  xsystems operating in the same area, or from other medical devices, would be minimized. We, therefore,  xpropose that the maximum channelization for MICS equipment be 300 kHz. We invite comments on this proposal.  S' " 11. Transmitter Power. Medtronic states that the required maximum EIRP for  x*programmer/control stations in the MICS is 25 microwatts, and that the maximum field strength from an  ximplanted transmitter should be limited to 9.1 mV/m (rms) at 3 meters, as measured with an instrument  Si ' xZhaving a peak detector function.{i G {O'ԍ See proposed  95.605 concerning measurement procedures in Appendix B. { Additionally, Medtronic suggests that the average power radiated in  S6 ' xany 300 kHz bandwidth should be required not to exceed 25 microwatts EIRP.]6 |G {OR'ԍ See proposed  95.633(e)(2) in Appendix B.] Medtronic has suggested these values for transmitter power that we propose to adopt. We also ask for comments on these values.  S ' "y 12. Miscellaneous Technical Standards. Additionally, we propose other technical standards, as  xsubmitted by Medtronic in its Petition, concerning transmitter frequency stability, emission types,  S7' xgunwanted emissions, and MICS transmitter certification requirements. Comments are requested on all proposed rules as contained in Appendix B.   S' " 13. Exposure to Radiofrequency Fields. Some concern has been expressed as to exposure of  xxpatients or medical practitioners to radio frequency (RF) emissions from devices that would operate in the  xproposed service. The Commission has adopted guidelines for human exposure to RF electromagnetic  S' xfields.PG {O'ԍ See 47 CFR 1.1307(b) and 1.1310.P The values for Maximum Permissible Exposure (MPE) adopted by the FCC for the 402405 MHz  S' xfrequency band range from 0.27 milliwatts per squared centimeter (mW/cm2) for general  S' xxpopulation/uncontrolled exposures to 1.34 mW/cm2 for occupational/controlled exposures. Exposures are  xaveraged over either 30 minutes (general population/uncontrolled exposures) or 6 minutes  x&(occupational/controlled exposures). Since the proposed EIRP level, 25 microwatts, is very low, it is  xtextremely unlikely that either patients or medical professionals could be exposed in excess of either the  xVgeneral population/uncontrolled or occupational/controlled limits. For these reasons we propose to  xcategorically exclude this service from requirements for routine evaluation of human exposure to RF  Sm'emissions as is allowed under our rules.H mG {O$'ԍ See 47 CFR 1.1307(b)(1).H We invite comment on this proposal.  Q:' "2 ,l(l(,,"Ԍ Q'Administration of the MICS  S' "u 14. In the Petition, Medtronic suggests that the MICS be licensed by rule without individual  Sg' xstation licenses.>!gG yO'ԍ Petition at i and 2.> We agree. For the MICS to be attractive to users, there should be no requirement for  xMa station license. We believe that the administrative burdens associated with the individual licensing of  xMICS operations would outweigh any potential benefits from such licensing. Moreover, several categories  xkof products, including equipment operating under Part 15 and some transmission systems operating under  xPart 95, do not require a station license. We do not believe any regulatory purpose would be served by  xrequiring station licenses in such a radio service. After analysis of the record, we propose to allocate the  x402405 MHz band to the mobile service and designate the allocation for MICS operations on a shared,  S' x noninterference basis."XG yO ' x* ԍ In the Petition, Medtronic suggested that MICS be designated for operation in the 402405 MHz band on a  x secondary basis. The intent of this request was to require the MICS to operate on a noninterference basis in the  xZ 402405 MHz band. Operations under Part 95 are not designated as primary or secondary in 47 C.F.R. Part 95.  xk Therefore, we are proposing a footnote, NG 156, to the Table of Frequency Allocations in 47 C.F.R.  2.106 which states that MICS stations cannot cause interference to any other stations in the 402405 MHz band.  We also propose to establish the MICS within the Citizens Band (CB) Radio  S' xZService under Part 95 of the Commission's Rules.x#ZG yOw' xk ԍ The Commission has previously taken similar action when it included the Family Radio Service and the Low  {O?' x Power Radio Service in the Citizens Band Radio Services. See 47 C.F.R.  95.401 (b) and 95.401(c). See also, 11 FCC Rcd 12977 (1996) and 11 FCC Rcd 18517 (1996). x We further propose to authorize operation by rule  S ' xpursuant to Section 307(e) of the Communications Actf$ * G yOf' x ԍ Section 307(e)(3) of the Communications Act of 1934, as amended, 47 U.S.C.  307(e)(3), ("Act"), provides  x that the term "citizens band radio service" shall have the meaning given it by the Commission by rule. Section  xk 307(e)(1) of the Act provides that if the Commission determines that if an authorization serves the public interest,  x| convenience, and necessity, the Commission may by rule authorize the operation of radio stations without individual licenses in the citizens band radio service. f and to regulate the usage of the MICS units  xthrough the technical standards and certification requirements set forth in Appendix B. We specifically  xsolicit comments regarding the proposed allocation and sufficiency of the proposed technical standards to support this new radio service.  Sj'C III. CONCLUSION\  S' "y 15. We conclude that the Commission should implement a regulatory framework for the MICS  xconsisting of authorization by rule on the condition that harmful interference is not caused to stations in  xthe Metaids Service and provide for approval of MICS transmitters under the Commission's equipment  Sk' xauthorization program. Therefore, this Notice proposes specific operational and technical standards for  x^the MICS that will ensure that neither Metaids nor MICS operations will experience any interference from sharing the 402405 MHz band.  S' "u16. For the foregoing reasons, we adopt this Notice and propose to: (1) amend the Table of  xAllocations at Section 2.106 of the Commission's Rules to allocate the 402405 MHz band to the mobile  x8service and designate the MICS as a shared operation in the band and; (2) revise Part 95 of the  xCommission's Rules to permit the operation of ultra low power MICS transmitters in the 402405 MHz"$,l(l(,,"  x band without an individual license issued by the Commission. We believe that the proposed rules will  xallow use of newlydeveloped, life-saving medical technology without harming other users of the frequency band.  S' IV. PROCEDURAL MATTERS ă  S4 Ex Parte Rules PermitButDisclose Proceeding  S5' "~17. This is a permitbutdisclose notice and comment rule making proceeding. Ex parte  S' x@presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as  S'provided in the Commission's Rules.  See generally  47 C.F.R.  1.1200(a), 1.1203, and 1.1206.  S '  Sk 'Regulatory Flexibility Act  S ' "18. With respect to this Notice, an Initial Regulatory Flexibility Analysis ("IRFA") is contained  S ' xZin Appendix A. As required by the Regulatory Flexibility Act,% G {O;'ԍ Pub. L. No. 96354, 94 Stat. 1164, 5 U.S.C.  601 et seq. (1981), as amended. the Commission has prepared an IRFA  xZof the expected significant economic impact on small entities by the policies and rules proposed in this  Sm' xNotice. Written public comments are requested on the IRFA. We ask questions in the IRFA regarding  S;' xQthe prevalence of small businesses in the industries covered by this Notice. Comments on the IRFA must  S ' xbe filed in accordance with the same filing deadlines as comments on the Notice and must have a distinct heading designating them as responses to the IRFA.  Sq' Comment Submission  S ' " 19. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R.  1.415, 1.419,  xinterested parties may file comments on before April 9, 1999, and reply comments on or before April 26,  x@1999. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or  Sr' x by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998).  S' "20. Comments filed through the ECFS can be sent as an electronic file via the Internet to  x. Generally, only one copy of an electronic submission must be filed.  xQIf multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters  xmust transmit one electronic copy of the comments to each docket or rulemaking number referenced in  xthe caption. In completing the transmittal screen, commenters should include their full name, Postal  x3Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an  xelectronic comment by Internet email. To get filing instructions for email comments, commenters should  x^send an email to ecfs@fcc.gov, and should include the following words in the body of the message, "get form ." A sample form and directions will be sent in reply.  S ' "E21. Parties who choose to file by paper must file an original and four copies of each filing. If  xmore than one docket or rulemaking number appear in the caption of this proceeding, commenters must  xsubmit two additional copies for each additional docket or rulemaking number. All filings must be sent  xto the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, The Portals, 445 Twelfth St. S.W., Room TWA325, Washington, D.C. 20554. "$Z%,l(l(,,%"Ԍ S' "+22. Alternative formats (computer diskette, large print, audio cassette and Braille) are available  xto persons with disabilities by contacting Martha Contee at (202) 4180260, TTY (202) 4182555, or at  S'mcontee@fcc.gov. This Notice can also be downloaded at http://www.fcc.gov/dtf/.  S5' "23. Comments and reply comments will be available for public inspection during regular business  xhours in the FCC Reference Center of the Federal Communications Commission, 1919 M Street, N.W., Room 239, Washington, D. C.  Si' Paperwork Reduction Act of 1995 Analysis  S' "/24. This Notice has been analyzed with respect to the Paperwork Reduction Act of 1995, Pub .L. No. 10413, and found to impose no new or modified information collection requirements on the public.  S8 '- V. ORDERING CLAUSE S ă  S ' "`25. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), and 303(r) of the  x@Communications Act of 1934, as amended, 47 U.S.C.  154(i), and 303(r), notice is hereby given of  xproposed amendments to Parts 2 and 95 of the Commission's Rules, 47 C.F.R. Parts 2 and 95, in  S9' xaccordance with the proposals, discussions, and statement of issues in this Notice of Proposed Rule  S'Making.  S' "26. IT IS FURTHER ORDERED that the Commission's Office of Public Affairs, Reference  So' xOperations Division, SHALL SEND a copy of this Notice of Proposed Rule Making, including the Initial Regulatory Flexibility Analysis to the Chief Counsel for Advocacy of the Small Business Administration.  S '  S'Further Information  Sq' "27. For further information, contact Gene Thomson, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, (202) 4180680. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCq ` `  hhCqMagalie Roman Salas ` `  hhCqSecretary  S 'Attachments: Appendices " %,l(l(,,!"  S'Y APPENDIX A ă  S' Initial Regulatory Flexibility Analysis ă  S4' "As required by the Regulatory Flexibility Act ("RFA"),&Z4G {O' x ԍ See 5 U.S.C.  603. The RFA, see 5 U.S.C.  601 et seq., has been amended by the Contract with America  x Advancement Act of 1996, Pub. L. No. 19412, 110 Stat. 848 (1996) ("CWAAA"). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 ("SBREFA").  the Commission has prepared this present  xpInitial Regulatory Flexibility Analysis ("IRFA") of the possible significant economic impact on small  S' xtentities by the policies and rules proposed in this Notice of Proposed Rule Making ("Notice"). Written  xpublic comments are requested on this IRFA. Comments must be identified as responses to the IRFA and  Si' xmust be filed by the deadlines for comments on this Notice provided above in paragraph 20. The  S7' xCommission will send a copy of the Notice, including this IRFA, to the Chief Counsel for Advocacy of  S' xthe Small Business Administration. See 5 U.S.C.  603(a). In addition, the Notice and IRFA will be  S'published in the Federal Register. See id.  S; ' A. Need for, and Objectives of, the Proposed Rules:  "E1. In this proceeding, the Commission proposes to amend Parts 2 and 95 of the Commission's  xkRules to establish the Medical Implant Communications Service (MICS) as a shared allocation in the Non xGovernment 402405 MHz band, and to codify the service rules for the MICS. The proposed rules would  xallow use of newlydeveloped, life-saving medical technology without harming other users of the applicable frequency bands.  S' B. Legal Basis :  S=' "E2. Authority for issuance of this Notice of Proposed Rule Making is contained in Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r).  S' C. Description and Estimate of the Number of Small Entities to Which the Proposed  Sr'Rules Will Apply:  S ' " 3. The proposed rules apply to manufacturers of medical implant devices and users of the  xproposed MICS equipment, such as hospitals and clinics. The RFA also includes small governmental  S' xMentities as a part of the regulatory flexibility analysis.'G {O0' x ԍ See 5 U.S.C.  601(5) (including cities, counties, towns, townships, villages, school districts, or special districts). The definition of a small governmental entity is  Ss' xone with a population of less than 50,000.3(sDG {OW"'ԍ Id.3 There are 85,006 governmental entities in the nation.})sG yO#'ԍ 1992 Census of Governments, U.S. Bureau of the Census, U.S. Department of Commerce.} This  xnumber includes such entities as states, counties, cities, utility districts, and school districts. There are no  xMfigures available on what portion of this number has populations of fewer than 50,000. However, this  xnumber includes 38,978 counties, cities, and towns, and of those, 37,566, or 96 percent, have populations" f ),l(l(,,"  S' xof fewer than 50,000.3*G {Oh'ԍ Id.3 The Census Bureau estimates that this ratio is approximately accurate for all  xgovernmental entities. Of the estimated 85,006 governmental entities, many are hospitals and health care  xfacilities. We ask for comments on what percentage of local government health care facilities are small entities that may be affected by the proposed rules.  S' D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements:  "A4. No reporting or recordkeeping requirements would be imposed as a result of the actions  x<proposed in this rule making proceeding. Manufacturers of medical implant transmitters would be required to follow the Commission's normal equipment authorization procedures.  S' x  E. Steps Taken to Minimize Significant Economic Impact on Small Entities and Significant  S 'Alternatives Considered:  "5. By making frequency spectrum available, the proposed rules could have a beneficial economic  x7impact on those small business entities that would either manufacture, or contribute to the manufacturing  xof equipment used in the Medical Implant Communications Service. Individuals who are the recipients  xof implanted MICS devices would be the greatest beneficiaries economically. While a precise  xdetermination of the cost savings is difficult to calculate, two examples are useful. First, over $15M  xtdollars per year would be saved by eliminating the need to conduct quarterly interrogation of implanted  xcardiac defibrillators in the clinical setting. This estimate does not include the interrogation of  xpacemakers, which are implanted at a much higher rate than defibrillators. Second, over $37B is currently  xspent annually on hospitalization due to heart failure. When devices currently under development for the  xymanagement of heart failure incorporate the MICS technology, it is expected that there will be a  x7meaningful reduction in hospitalization costs. Assuming this impact is as small as 5%, the savings would be nearly $2B per year. We seek comment on our tentative conclusions.  S'  S'F. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rules:  S9' 6. None. "9 Z*,l(l(,,"  S' APPENDIX B PROPOSED RULES ă  S'#&a\  P6G;0&P# XX   YiGfooterX` hp x (#%'0*,.8135@8: International table"-PUnited States table" e'FCC use designators$  $ && "ibRegion 1 allocation `MHzs" Region 2 allocation  MHzs"gNRegion 3 allocation LMHzs"Governments"pNonGovernments"&Rule part(s)s"]+Specialuse ^+frequencies(   ( && " (1)"c (2)" l (3)"Allocation MHz (4)"tAllocation MHz f!(5)"+( '(6)"y%- s,(7) s | !<<< rrrrrr A<<< xf{oxl | (   s( && "*"I*"*">*"!*"(*"w -*   | A<<< xf{oxl a<<< rrrrrr | &    & &&  402403 ?  * * *?  ?  402403 * * * * *?  402403 * * * * * Mobile US70 NG156y  PERSONAL (95)y  402403 Medical Implant Communications (MICS) &    & &a&  403406  * * *   403406 * * * * * 403406 * * * * * Mobile US70 NG156 PERSONAL (95) 403405 Medical Implant Communications (MICS)   y a  S'# Xj\  P6G;+XP##&a\  P6G;0&P# * * * * * NG156 Medical Implant Communications Service (MICS) stations are authorized by rule on the conditions that harmful interference is not caused to stations in the Meteorological Aids, Meteorological Satellite, and Earth Exploration Satellite Services and that MICS stations accept interference from stations in the Meteorological Aids, Meteorological Satellite, and Earth Exploration Satellite Services. Certain MICS stations are subject to the registration requirements set forth in Section 95.1115 of this Chapter." * +A "  S' '3Standard - Dup Long'3Standard - Dup Long3'3'Standard- Dup Long  3. Section 2.1204 is amended by adding paragraph (a)(9) to read as follows:  2.1204 Import conditions. `* * * * *  S' (a) * * *  S' (9) The radio frequency device is a medical implant transmitter inserted in a person granted entry into the United States or is a medical implant programmer/controller transmitter associated with such an implanted transmitter, provided, however that the transmitters covered by this provision otherwise comply with the technical requirements applicable to transmitters authorized to operate in the Medical Implant Communications Service under Part 95 of this chapter. Such transmitters are permitted to be imported without the issuance of a grant of equipment authorization only for the personal use of the person in whom the medical implant transmitter has been inserted.  S ' PART 95 PERSONAL RADIO SERVICES 4. The authority for Part 95 continues to read as follows:  S7' Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 5. Section 95.401 is amended by adding paragraph (d) to read as follows:  Sk'  95.401 (CB Rule 1) What are the Citizens Band Radio Services? f* * * * *  S' (d) The Medical Implant Communications Service (MICS) an ultra low power radio service for the transmission of nonvoice data for the purpose of facilitating diagnostic and/or therapeutic functions involving implanted medical devices. The rules for this service are contained in subpart H of this part. 6. Section 95.601 is amended by revising the last sentence in the text to read as follows:  S:'  95.601 Basis and purpose . * * * The Personal Radio Services are the GMRS (General Mobile Radio Service)subpart A, the Family Radio Service (FRS)subpart B, the R/C (Radio Control Radio Service)subpart C, the CB  Sn'(Citizens Band Radio Service)subpart D, the Low Power Radio Service (LPRS)subpart G, and the Medical Implant Communications Service (MICS)subpart H. 7. Section 95.603 is amended by adding paragraph (f) to read as follows:  So"'  95.603 Certification required. f* * * * *" $*0*G%G%,,%A "Ԍ(f) Each Medical Implant Communications Service transmitter (a transmitter that operates or is intended to operate in the MICS) must be certificated except for medical implant transmitters that are not marketed for use in the United States, but which otherwise comply with the MICS technical requirements and are operated in the United States by individuals who have traveled to the United States from abroad. 8. Section 95.605 is amended by revising the first paragraph of the text to read as follows:  Sh'  95.605 Certification procedures. Any entity may request certification for its transmitter when the transmitter is used in the GMRS, R/C, CB, IVDS, W&= LPRS or MICS following the procedures in part 2 of this chapter. Medical implant transmitters shall be tested for emissions and EIRP limit compliance while enclosed in a medium that simulates the tissue in which the transmitter is to be implanted. Frequency stability testing for MICS transmitters shall be performed over the temperature range set forth in 95.630. f* * * * * 9. Section 96.630 is added to read as follows:   S'  95.630 MICS Transmitter frequencies and stability. (a) Stations may operate on any of the frequencies in the band 402.000 405.000 MHz, provided that the outofband emissions are attenuated in accordance with the requirements of   S8'95.635.` ` (b) The authorized bandwidth of the emission from a MICS station shall not exceed 300 kHz. (c) The frequency stability of MICS transmitters shall be sufficient to maintain compliance with the emission limits of 95.635 over the range:  S'` ` (1) 12$C to 55$C in the case of medical implant transmitters; and ` ` (2) 0$C to 70$C in the case of medical implant programmer/control transmitters. 10. Section 95.631 is amended by adding paragraph (h) to read as follows:  S'  95.631 Emission types. f* * * * * (h) A MICS station may transmit any emission type appropriate for communications in this service. Voice communications, however, are prohibited. 11. Section 95.633 is amended by adding paragraph (e) to read as follows: " $*0*G%G%,,$A "Ԍ S'  95.633 Emission bandwidth. f* * * * * (e) For transmitters in the MICS: (1) The maximum authorized bandwidth is 300 kHz. (2) Lesser authorized bandwidths may be employed, provided that the unwanted emissions are attenuated as provided in 95.635 and that the average power radiated in any 300 kHz bandwidth does not exceed 25 microwatts EIRP. See  95.605 concerning measurement procedures. 12. Section 95.635 is amended by revising paragraph (b) and adding paragraph (d) to read as follows: X (#  S 'X` hp x (#%'0*,.8135@8: