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A. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a)ي *Before the  X2y QFederal Communications Commission  X2Washington, D.C. 20554 ă  X2In the Matter of ,hhh) ` `  ,hhh)  Xv2Amendment of Parts 2 and 95 ofhh)  X_2the Commission's Rules to Create a )ppXET Docket 99255  XH2Wireless Medical Telemetry Service) ` `  ,hhh)  X 2X` hp x (#%'0*,.8135@8:operate on an unlicensed basis on TV channels 713 and 1446 (174216 MHz and 470668":&,**DDr$"  X2 xMHz).QB {Oy(ԍSee 47 C.F.R.  15.242.Q Part 90 of the rules permits medical telemetry equipment to operate on a secondary basis  X2to land mobile users in the 450470 MHz band.aZB {O(ԍSee 47 C.F.R.  90.238 and 90.267.a  X2  64. PARA1  The spectrum used by medical telemetry equipment on an unlicensed or secondary  xbasis under Parts 15 and 90 is increasingly being used more intensively by existing primary or  x(secondary services, thereby posing an increased risk of interference to medical telemetry devices.  xIn 1995, the Commission adopted changes to Part 90 of the rules to allow more efficient use of  X_2 xthe spectrum for land mobile services. The Report and Order in PR Docket 92235 established  XJ2 x a new channeling plan for private land mobile radio (PLMR) services."JB yO (  ԍReplacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the  x Policies Governing Them and Examination of Exclusivity and Frequency Assignment Policies of the Private Land  {Ow( xMobile Radio Services, PR Docket 92235, Report and Order and Further Notice of Proposed Rule Making, 10 FCC Rcd 10076 (1995). This order decreased the  x.channel spacing for PLMR services in the 450470 MHz band from 25.0 kHz to 6.25 kHz. The  xtransition to the smaller channels is being made in two steps. Land mobile equipment that  xoperates in this band, which is certificated by the Commission on or after February 14, 1997,  xmust be capable of operating on channels of 12.5 kHz or less. Land mobile equipment that  xjoperates in this band, which is certificated by the Commission on or after January 1, 2005, must be capable of operating on channels of 6.25 kHz or less.  PARA1   X2  5. Medical telemetry equipment operating under Part 90 operates on a secondary basis  x&to PLMR services in the 450470 MHz band on channels offset 12.5 kHz from the center  xfrequency of the current 25.0 kHz channels ("12.5 kHz offset channels"). The maximum  x~operating power for this equipment is substantially less than that authorized for primary users of  X62 xthe band.6B {O(  ԍMedical telemetry equipment operating under Part 90 is generally limited to 20 mW. See 47 C.F.R.  90.267(a)(5). The channel separation and lowpower operation minimize the possibility of  xinterference received from, or caused to, primary users of the band. However, under the new  xchanneling scheme, highpower primary users of the band would be able to operate on precisely  xthe same frequencies used for medical telemetry equipment. This could possibly result in  xVinterference to medical telemetry equipment, which would cause it to be unusable at times. For  xthis reason, on August 11, 1995, the Commission placed a freeze on the filing of applications for  X2 xhigh power operation in the 450470 MHz band on the 12.5 kHz offset channels.0 B {O#(  ԍSee Public Notice, "Freeze on the Filing of High Power Applications for 12.5 kHz Offset Channels in the  {OW$(450470 MHz Band," released August 11, 1995, 10 FCC Rcd 9995 (1995). The freeze" ,))DD"  x4remains in effect pending the development of a channel utilization plan that will protect low  X2power operation on the 12.5 kHz offset channels. B yOb(  rԍOn June 4, 1997, the Land Mobile Communications Council (LMCC), an umbrella organization that  xincludes frequency coordinators for the PLMR services, submitted a proposed plan that would protect low power  xoperation on the 12.5 kHz offset channels. The Commission has not approved the plan, so the freeze on high power applications remains in effect.  X2  &6. In addition to the abovementioned Part 90 rule changes, there have been other recent  xLchanges to the Commission's rules that could result in harmful interference to medical telemetry  x`equipment operating under Part 15. At the direction of Congress, the Commission has provided  Xv2 xBfor the introduction of digital television (DTV) stations in the TV broadcast bands.vB yO (  ԍAdvanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MM  {O (Docket 87268,  Sixth Report and Order, 12 FCC Rcd 14588 (1997). In order to  xjaccomplish this, the Commission has provided each local TV station with an additional channel  XH2 xthat will be used to broadcast DTV during the transition.OH B {O(ԍId, 12 FCC Rcd at 14595.O This means that there will be fewer  xLvacant channels in every market, and that in some areas, channels that were once unused for TV broadcasting may now be used for DTV.  X 2  7. To reduce the possibility of DTV causing interference to medical telemetry equipment,  xthe Commission adopted changes to Part 15 of the rules in 1997 to increase the number of TV  X 2 x frequencies where medical telemetry devices could operate on an unlicensed basis.8 Z B yO (  HԍAmendment of Part 15 of the Commission's Rules to permit operation of biomedical telemetry devices on  {O( xVHF TV channels 7-13 and on UHF TV channels 14-46, ET Docket 95177, Report and Order, 12 FCC Rcd 17828 (1997).8 These  xchanges allow operation on TV channels 1446 in addition to channels 713, which were the only  xchannels where medical telemetry equipment was previously allowed to operate. The  xFCommission also increased the maximum allowable operating power for these devices to improve reliability.  X42  8. The transition from analog to digital television is currently under way, with the first  x stations commencing regular DTV broadcasting in November 1998. The Commission has created  xover 1600 allotments for DTV stations, a large percentage of which are on TV channels 746,  X2 xjwhich are also used for medical telemetry equipment operating under Part 15 of the rules.Q  B {O^"(ԍSee 47 C.F.R.  73.622.Q All  X2 xtelevision stations are required to commence DTV broadcasting no later than May 1, 2003. "P B {O$(  ԍSee 47 C.F.R.  73.624(d). All network affiliated stations in the top ten television markets must commence  x DTV broadcasts by May 1, 1999. The deadline for all network affiliated stations not included in this category and  xnin the top 30 televisions markets is November 1, 1999. The deadline for all remaining commercial stations is May 1, 2002, and the deadline for all noncommercial stations is May 1, 2003. As  xexisting stations begin DTV operation on their new channels, some lowpower television stations": ,))DDl"  xVcurrently operating on or adjacent to those channels may be forced to switch frequency to avoid  xzcausing harmful interference to DTV, thereby further crowding the spectrum used by medical  X2telemetry equipment. B yOK(  @ԍLow power television stations under Part 74 of the rules operate on a secondary basis to full power  {O(television stations. See 47 C.F.R.  74.701, et. seq.  X2  9. PARA2  Concerns about possible interference to medical telemetry equipment by DTV  xroperations were recently heightened. In March 1998, a TV station in Texas began test  xtransmissions on a previously unused channel that had been assigned to it for DTV operation.  xThe transmissions caused severe interference to the operation of medical telemetry equipment at  xa nearby hospital, rendering the equipment temporarily unusable. The station immediately ceased  xoperation upon learning of the interference, and the medical telemetry equipment was changed  xto operate on another frequency. The Commission and the Food and Drug Administration have  xtsince taken steps to help ensure that hospitals are notified before new DTV stations come on the  xair to provide them with time to modify any medical telemetry equipment that operates on the  X 2same frequency.  "B {O(  ԍSee Joint Statement of the Federal Communications Commission and the Food and Drug Administration  {Or( xRegarding Avoidance of Interference Between Digital Television and Medical Telemetry Devices, released March  {O<( x25, 1998 and Office Of Engineering And Technology Fact Sheet, Sharing of Analog and Digital Television Spectrum  {O( xby Medical Telemetry Devices, dated March 1998. Copies of these documents are available from the Commission's Internet site at http://www.fcc.gov/healthnet/dtv.html.  X 2   10. The American Hospital Association's (AHA) Medical Telemetry Task Force recently  x$submitted recommendations to the Commission for addressing the potential critical safety risks  Xy2 xto patients from harmful interference caused to wireless medical telemetry equipment.yB {O(  ԍ See Report of the American Hospital Association Task Force on Medical Telemetry, dated April 15, 1999. A copy of this report has been inserted into the record in this proceeding. The task  xforce was established in response to the incidence of interference to medical telemetry equipment  xfrom a DTV station described above. Among the AHA recommendations are that specific  xfrequencies be allocated for a medical telemetry service, and that the service be given primary status on those frequencies.  X2 III. DISCUSSION ă  X2   11. Medical telemetry equipment is increasingly relied upon in hospitals to improve  xjhealth care and reduce costs. Patients that require the monitoring and treatment capabilities that  xwere formerly available only in intensive care units can be moved to general nursing units.  xPatient recovery is also improved because the general nursing unit offers a less stressful  xenvironment. The number of patients with chronic medical conditions is rising due to the growth  xin the elderly population. For these reasons, the need for monitoring patients outside of intensive  x8care is rapidly increasing, and this need can be fulfilled with medical telemetry equipment. As" 4 ,))DD"  xwe noted above, it may be difficult for this equipment to continue to operate in the bands used  xfor DTV and the PLMR services without receiving interference. Given the importance of this  xequipment, we tentatively conclude that it is necessary to find additional spectrum for medical  xtelemetry equipment. We further tentatively conclude that the spectrum should be allocated on  xJa primary basis to ensure that medical telemetry equipment is able to function without interference from other sources. We seek comment on these tentative conclusions.  X_2A. Spectrum Allocation  X121. Spectrum Requirements  X 2   12. The AHA performed a survey of 14 hospitals of various sizes in both metropolitan  xand suburban/rural areas to determine the amount of spectrum needed for medical telemetry  x`equipment. The survey results identify six categories of patient medical parameters that may be  x~measured, and indicate that up to 600 patients may need to be monitored concurrently at a single  xfacility. In order to calculate the required spectrum, AHA assumed the transmitters would  xoperate with a spectral efficiency of 0.8 bits per second per Hertz, which is approximately the  Xy2 xsame spectral efficiency the Commission requires in Part 90 of the rules.yB {O(  HԍSee 47 C.F.R.  90.203(j)(3) and 90.203(j)(5). These sections require a spectral efficiency of 4,800 bits per second per 6.25 kHz, which corresponds to 0.768 bits per second per hertz. AHA then calculated  xLthe required spectrum for each of the six categories of parameters and determined that a total of  x6.125 MHz is required to meet current patient needs. The AHA survey also indicated that the  xspectrum requirements for medical telemetry equipment would likely double within ten years.  xlTherefore, AHA believes that in the long term, at least 12 MHz of spectrum is needed for  X2 xmedical telemetry equipment.L"B {O(ԍSee AHA report at 10.L We invite comment on this analysis, including whether the  xassumed spectral efficiency is reasonable, and whether more spectrally efficient technologies could be employed to reduce the amount of spectrum required.  X22. Frequency Bands  X|2  D 13. The AHA performed an analysis of the suitability of various frequency bands, based  xDon such factors as equipment costs, data reliability, amount of spectrum in each band and  x\equipment power consumption. Based on its study, the AHA recommends that the following  X72frequency bands be used for the medical telemetry service:7B yO"(  ԍAHA also considered the following bands: 174216 MHz, 216220 MHz, 328335 MHz, 402406 MHz, 450470 MHz, 470668 MHz, 746806 MHz, 902908 MHz, 23852390 MHz, 23902400 MHz and 36503700 MHz.  608614 MHz 13851390 MHz 14321435 MHz "  ,))DDh"Ԍ X2   14. We note that other parties have expressed an interest in operating in portions of the  xb1300 MHz and 1400 MHz bands adjacent to the frequencies recommended by AHA. For  xtexample the Land Mobile Communications Council (LMCC) has filed a petition for rule making  xFto allocate the 13901400 MHz and 14271432 MHz bands for private land mobile services under  X2 xPart 90 of the rules.B {O(ԍSee Land Mobile Communications Council Petition for Rule Making, dated April 22, 1998, RM9267. In addition, several licensees of low earth orbit ("Little Leo"ZB yO(  ԍ"Little Leo" systems provide dataonly Mobile Satellite Service via a constellation of nongeostationary orbit  yOw(satellites operating below 1 GHz.) satellite  xsystems have been performing studies on the feasibility of operating satellite feeder uplinks in  xthe 13901393 MHz band and downlinks in the 14291432 MHz band in an effort to obtain an  X_2 xinternational frequency allocation for this purpose._B {O (  fԍSee Public Notice, The FCC's Advisory Committee for the 2000 World Radiocommunication Conference  {O ( xTProposes Additional Preliminary Views on WRC2000 Issues, dated August 5, 1998, DA 981560. These bands also  xxwere considered at WRC97, which decided to do further study on the use of these and other bands. The Little Leo  xindustry has identified a need for an additional 10 MHz of spectrum to satisfy the current spectrum requirements  xof NonVoice NonGeostationary (NVNG) MobileSatellite Service (MSS) systems, and that these parties have been  xconducting sharing studies in the ITU working groups to achieve global allocations in bands near 1.4 GHz.  xAdditionally, the Commission's WRC2000 Advisory Committee has been working on the development of proposals  x<for the WRC2000. The proposals made in this Notice of Proposed Rule Making are not intended to compromise  xPor foreclose any potential proposal or position of the Untied States at WRC2000 regarding Little Leo feeder link allocations. A discussion of the frequency bands  xrecommended by AHA and the adjacent bands noted above follows. We request comment on  xthe impact that a frequency allocation for medical telemetry would have on other prospective users of these bands.  X 2  15. 608614 MHz. This band is allocated to the radio astronomy service. The allocation  X 2 xcoincides with TV channel 37.T N B {O(ԍSee 47 C.F.R.  73.603(a).T This channel is not licensed for existing TV broadcast stations,  X 2 x new DTV allotments or any other licensed service.y B {OO(ԍSee 47 C.F.R.  2.106, note US246 and 47 C.F.R.  73.603(c).y Under Part 15 of the rules, unlicensed  xmedical telemetry equipment may operate in this band, provided it does not cause interference  X2 x2to radio astronomy operations.TrB {O (ԍSee 47 C.F.R.  15.242(e).T Operation in this band has several benefits for medical telemetry  xequipment. The band has very low background noise, since it is reserved for radio astronomy  xuse. In addition, multiple component vendors are available with offtheshelf parts that could be  xused to develop new devices for use in this band quickly. The AHA believes that medical  xtelemetry devices operating in this band will not experience interference in the future. AHA does  x8not envision any changes in the technical requirements that already permit operation of medical  xtelemetry in this spectrum. However, AHA believes that the use of this spectrum for medical telemetry should be elevated to the status of a primary allocation. ",))DDh"Ԍ X2  16. 13851390 MHz and 14321435 MHz. These are U.S. Government bands that are  xbeing reallocated for nongovernment use pursuant to the Balanced Budget Act of 1997 (Balanced  X2 xBudget Act).@B yOK(  XԍPub. L. No. 10533, Title III, 111 Stat. 251 (1997). The Balanced Budget Act required the Secretary of  xthe Department of Commerce to prepare a report recommending 20 MHz of spectrum below 3 GHz for reallocation  xfor use by other than the Federal Government. The Balanced Budget Act further requires the Commission to prepare  xa plan to allocate and assign those frequencies in accordance with Section 309(j) of the Communications Act of 1934, as amended.@ The National Telecommunications and Information Administration (NTIA)  xrecently expressed concerns to Commission staff about the proposed reallocation of these bands  xjto a service in which the Commission intended to assign licenses without the use of competitive  X2 xbidding.<ZxB {O (  ԍSee July 7, 1999 letter from William T. Hatch, Acting Associate Administrator of NTIA to Mr. Dale  xHatfield, Chief, Office of Engineering and Technology. A copy of that letter has been inserted into the record in this proceeding.< Specifically, NTIA asserted that the Balanced Budget Act requires that these bands  xbe made available through competitive bidding and that Federal agencies required to relocate  xfrom these bands are entitled to mandatory reimbursement for their relocation costs under the  XH2 xStrom Thurmond National Defense Authorization Act of 1998.DHB yO(  <ԍPub. L. No. 105261,  1064, 112 Stat. 1920 (1998) (amending Section 113(g) of the National  x2Telecommunications and Information Administration Organization Act, 47 U.S.C.  923(g)). NTIA and the Office  x.of Management and Budget have asserted the same view of the Balanced Budget Act requirements in an earlier  {O( xproceeding before the Commission. See Development of Operational, Technical and Spectrum Requirements for  x Meeting Federal, State and Local Public Safety Agency Communication Requirements through the Year 2010, Notice  {O}( xof Proposed Rulemaking, WT Docket 9686, Comments of NTIA at 13 (January 19, 1999); Reply Comments of  x,NTIA at 2 (February 18, 1999); Letter from Michael Deich, Associate Director for General Government and Finance, Office of Management and Budget, to Chairman William E. Kennard (January 4, 1999). Further, NTIA is concerned that  xhigh power government radars that will continue to operate below 1385 MHz could cause interference to medical telemetry equipment in the 13851390 MHz band.  X 2  17. NTIA noted the availability of spectrum in two adjacent bands being reallocated to  X 2 xnongovernment use under the Omnibus Budget Reconciliation Act of 1993 (OBRA 93).j B {O,(ԍSee Pub. L. No. 10366, 107 Stat. 312 (1993).j  xSpecifically, the adjacent bands are 13901400 MHz and 14271432 MHz, which have not yet  xLbeen allocated to any primary service under the Commission's rules and which the Commission  X2is not required to auction."8B yOy!(  |ԍ Section 6001(a)(3) of OBRA 93 required the Commission to hold a significant portion of spectrum  xtransferred from the government in reserve. The 13901400 MHz and 14271432 MHz bands were identified as part  {O #( xZof the reserve by the FCC Plan for Reallocated Spectrum, FCC 96125, 11 FCC Rcd 17841 (1996). The issue of replenishment of any spectrum taken from the reserve will be addressed in a separate proceeding. "y",))DDd"Ԍ X2  18. 13901400 MHz. According to the NTIA's 1995 Spectrum Reallocation Final  X2Report,B {Od(  ԍSee Spectrum Reallocation Final Report, dated February 1995, available from NTIA's internet site at http://www.ntia.doc.gov/osmhome/reports.html.ք x  this band is used by longrange air defense radars, air traffic control facilities, military test range  xtelemetry links, tactical radio relays, and radio astronomy. NTIA recommends that airborne and  xZspacetoearth transmissions be prohibited to protect radio astronomy operations in the 13501400  X2 x^MHz band."B yOd (  ԍFootnote US311 of the United States Table of Frequency Allocations, and International Radio Regulation  xd718 (new regulation S5.149), of the Radio Regulations of the International Telecommunication Union (ITU) states  xthat administrations are urged to make every practicable effort to avoid the assignment of frequencies in certain  xbands that could cause interference to radio astronomy operations. The National Aeronautics and Space  xnAdministration also has passive earth observation satellites operating in this band following the allocation provided in Radio Regulation 720 (new regulation S5.339). In order to ease the transition of government operations out of this band,  Xz2government operations will continue at 17 sites until the year 2009.wzB {O(ԍSee proposed United States Footnote USyyy, Appendix A at page 6.w  XL2  X19. 14271432 MHz. The NTIA spectrum report states that this band is used by military  x^tactical radio relay communications and military test range aeronautical telemetry and  x$telecommand. NTIA recommends that airborne or spacetoearth transmissions in this band be  xavoided to protect radio astronomy operations in the adjacent 14001427 MHz band. In order  xto ease the transition of government operations out of the 14271432 MHz band, essential military  X 2 xairborne operations will continue at 14 sites until the year 2004.w , B {O(ԍSee proposed United States Footnote USzzz, Appendix A at page 7.w The 14271429 MHz band is  xallocated on a primary basis for use by space operations, and the 14271432 MHz band is  X 2allocated on a secondary basis for use by fixed and land mobile services.P! B {O(ԍSee 47 C.F.R.  2.106.P  X}2  D20. Discussion. As stated above, we tentatively conclude that it is necessary to allocate  xspectrum where medical telemetry equipment can operate on a primary basis. The 608614 MHz  xRband appears to be suitable, because, other than radio astronomy, it is only used for medical  xtelemetry under Part 15 of the rules. Accordingly, we propose to allocate this band to medical  xtelemetry equipment on a coprimary basis with radio astronomy. Under this proposal, operation  xin this band must not cause interference to radio astronomy operations, and users will be required to coordinate their operation with radio astronomy facilities.  X2  N21. While we make no finding regarding NTIA's assertion that the 13851390 and 1432 x1435 MHz bands must be made available through auction, in order to expedite this proceeding  xtwe propose to identify spectrum in the 13901400 MHz and 14271432 MHz bands for medical  x`telemetry equipment. The medical telemetry allocation would be primary to provide protection  xfrom interference, but would be nonexclusive. If an international allocation for Little Leo feeder"iP !,))DD"  xlinks were made in the future, we could initiate a proceeding to domestically allocate medical  xtelemetry on a coprimary basis with Little Leo feeder links, although medical telemetry  xFequipment would continue to receive protection from interference. We have devised two possible  xoptions for a medical telemetry frequency allocation, which are discussed below. We seek  xcomment on which option is more suitable, or whether any other alternative frequencies would  X2be more suitable. "B yO(  RԍWe will coordinate the proposed frequency allocation with the appropriate Canadian authorities. Given the lowpower nature of this equipment, we do not anticipate any interference issues in border areas.   X_2  22. Option 1: 608614 MHz / 13951400 MHz / 14291432 MHz. The 13951400 MHz  xband could be allocated for medical telemetry equipment as an alternative to the 13851390 band  x~recommended by AHA. Allocating this band would provide the same amount of spectrum AHA  xrequested in the adjacent band, and would increase the frequency separation from government  xradars operating below 1385 MHz, thereby reducing the risk of interference to medical telemetry  xequipment. Also, the 14291432 MHz band could be allocated as an alternative to the 14321435  xMHz band recommended by AHA. This would provide the same amount of spectrum as  xrequested by AHA in the adjacent band, and the frequency separation between it and the 1395 x>1400 MHz band could make them more useful for twoway communications. However, this  x option would use the 14291432 MHz band that the Little Leo satellite operators are investigating  xfor satellite feeder downlinks, as well as parts of the frequency bands requested by LMCC in  xtheir petition. Commenters should address the sharing possibilities and criteria for sharing between Little LEOs and medical telemetry under this option.  X2  23. Option 2: 608614 MHz / 13911400 MHz. A single band at 13911400 MHz could  xbe allocated to medical telemetry equipment as an alternative to the upper two bands  xrecommended by AHA. This would provide an additional 1 MHz of spectrum for medical  xtelemetry. The larger contiguous band could provide a greater opportunity for broadband  x\transmissions, although it may be less useful for twoway communications than two separate  x(bands. This option would resolve the potential conflict with satellite downlinks in the 14291432  xjMHz band, but would result in 2 MHz of overlap between the proposed medical telemetry band  xand a possible 13901393 MHz satellite feeder uplink band. This option would also use parts of  xthe frequency bands requested by LMCC in their petition. Commenters should address the  xFsharing possibilities and criteria for sharing between Little LEOs and medical telemetry under this option.  X 2B. Service Rules  X2  24. In this section, we propose service rules for the new Wireless Medical Telemetry  x~Service (WMTS). These proposed service rules only apply to the WMTS and not to the current  xmedical telemetry operations under Parts 15 and 90. The proposed rules include licensing  xHrequirements and technical standards for the equipment, as well as a frequency coordination  xlprocedure. Our proposals are based primarily upon recommendations in the AHA report submitted to the Commission. We request comment on all aspects of these proposed rules."h$ ",))DD""Ԍ X2  ԙ25. Definition. In its report, AHA proposes the following definition for medical telemetry:   XWireless medical telemetry is defined as the measurement and recording of physiological   <parameters and other patientrelated information via radiated bi or unidirectional  X2electromagnetic signals.Z#B {O(ԍSee AHA report, Appendix III at 2.Z(#  X_2  26. Our intention is to create a Wireless Medical Telemetry Service (WMTS) that will  x2allow medical telemetry equipment to operate in hospitals and medical facilities in much the same  xmanner as the Part 15 and Part 90 rules allow, but without the potential for interference discussed  x\previously. Because the definition proposed by AHA appears to encompass our intention in  X 2 xcreating this service, we propose it as the definition of the medical telemetry,n$ ZB {O(ԍSee proposed Section 95.1103(c), Appendix A at page 11.n and request comment.  X 2  27. Licensing. Medical telemetry equipment operating under Part 15 of the rules does  xnot require an individual operator's license. Similarly, medical telemetry equipment operating  X2 xpursuant to Part 90 does not require an individual operator's license.%B {O-(  pԍThe operator of medical telemetry equipment under Part 90 must already hold another Part 90 license. See 47 C.F.R.  90.267(a)(5). AHA states that, given  xjthe number and nature of devices that could be operated in a new medical telemetry service and  xthe number of separate licenses that could coexist in a given area, there is no basis for the  xtadministrative burden of individual licenses. AHA suggests that equipment in the WMTS could  X42 xbe "licensed by rule", such as is done in the Family Radio Service.&4FB yO+(  ԍAmendment of Part 95 of the Commission's Rules to Establish a Very Short Distance Twoway voice Radio  {O(Service, WT Docket No. 95102, Report and Order, 11 FCC Rcd 12977 (1996). We tentatively concur in  xAHA's assessment that there is no need to require individual operators licenses in the new  xWMTS. Individual licensing is generally designed to give a licensee a protected service area,  xand thus establishes rights among competing entities in the same service. We do not envision  x8that operators in the WMTS will be in competition with each other as are parties in other radio  xpservices. Under our proposal, the WMTS spectrum would be shared, and there would be no  xmutual exclusivity between users. We therefore propose that the WMTS exist as one of the  X2 x~Citizen's Band services contained in Part 95 of the rules._'B {O"(ԍSee 47 C.F.R.  95.401 et. seq._ The Commission has authority under  x.Section 307(e) of the Communications Act to license the Citizen's Band services by rule and to  Xe2define "citizen's band radio service" by rule.\(e2 B {OH&(ԍSee 47 U.S.C.  307(e)(1) and (3).\ We seek comment on our tentative conclusion. "N (,))DD"Ԍ X2  b28. Eligibility. AHA proposes that only authorized health care professionals be eligible  xto operate transmitters in the WMTS. For the purpose of this service, an "authorized health care  xprofessional" would be defined as 1) a physician or other individual authorized under state or  xfederal law to provide health care services; 2) a health care facility operated by or employing  x<individuals authorized under state or federal law to provide health care services; or 3) any trained  xtechnician under the supervision and control of an individual or health care facility authorized  Xv2 x*under state or federal law to provide health care services.Y)vB {O(ԍSee AHA report, Appendix III at 2.Y AHA suggests that we define a  x"health care facility" as a hospital or other establishment that offers services, facilities and beds  x.for use beyond 24 hours in rendering medical treatment, and organizations regularly engaged in  xproviding medical services through clinics, public health facilities and similar establishments,  x(including government entities and agencies for their own medical activities. A health care facility  X 2 xFwould not include an ambulance or other moving vehicle.Y* ZB {O(ԍSee AHA report, Appendix III at 2.Y We propose the eligibility restrictions  xrecommended by AHA to ensure that use of the allocated spectrum is limited to medical  x telemetry equipment. However, for the sake of clarity, we will change the term "authorized  X 2 xjhealth care professional" to "authorized health care provider", and change "beyond 24 hours" to  x"beyond a 24 hour period". We seek comment on this proposed eligibility requirement, including  xwhether it should be expanded to cover inhome medical uses and how it can be enforced without individual licensing.  XK2  29. Frequency coordination. AHA notes that if the WMTS were licensedbyrule, there  xLwould be no record of which frequencies are used by each facility or device. This could result  xRin interference if multiple parties located close together attempt to use the same frequencies.  xVAccordingly, AHA recommends the appointment of a frequency coordinator, who will maintain  xta database of all WMTS equipment in operation. The database would be used by eligible users  xand manufacturers to plan for specific frequency use within a geographic area, especially where  x`numerous WMTS operations may occur. Equipment registered first in a geographic area would  xbe entitled to protection over laterregistered equipment. We preliminarily agree that AHA's  xVproposal would assist WMTS users in avoiding interference. Accordingly, we propose that all  xparties using equipment in the WMTS be required to coordinate their operating frequency and  Xe2 xother relevant technical operating parameters with a coordinator designated by the Commission.E+XeB yO (  ԍThe Commission has authority under Section 332(b) of the Communications Act of 1934, 47 U.S.C.   x,332(b), to utilize the assistance of advisory coordinating committees to coordinate frequency assignments for private mobile and fixed services.E We seek comment on this proposal.  X 2  30. Specifically, we propose that the designated frequency coordinator would have  xresponsibility to maintain an accurate engineering database of all WMTS transmitters, identified  xby location, operating frequency, emission type and output power. The frequency coordinator,  xthough, would not be a decision maker as to which frequency should be used. The coordinator  xwould notify users of potential frequency conflicts. We expect that there will be few conflicts" +,))DDh"  x8between users of WMTS equipment due to its low operating power, and that users will be able  xBto resolve any conflicts among themselves. The Commission would make the final decision, as  xlnecessary, in disputes between users. We propose that a single frequency coordinator be  xdesignated to handle all requests nationwide. The coordinator must be familiar with the medical  xtelemetry user community, and must make its services available to all parties on a firstcome,  xfirstserved and nondiscriminatory basis. The frequency coordinator must be willing to serve  xa five year term, which could be renewed by the Commission. In the event that a frequency  x`coordinator did not wish to continue at the end of its term, it would have to transfer its database  xto another designated entity. The Wireless Telecommunications Bureau would have delegated  xauthority to select the coordinator, and would announce this selection by public notice. We seek  xcomments on this proposal, including: 1) any other qualifications that a frequency coordinator  xmust have, 2) whether a single entity or multiple entities should be designated as frequency  xZcoordinator(s), 3) how the frequency records could be maintained with multiple coordinators, and,  x\4) whether we should limit the fees the frequency coordinator(s) can charge. We also invite  xtparties interested in becoming a frequency coordinator for the WMTS to file a written statement describing their qualifications.  Xy2  v31. The frequency coordinator would be required to maintain a database of the operating  x4parameters submitted to it by users of the WMTS. We propose to require that the frequency  xcoordinator make the database available to WMTS users, equipment manufacturers and the public. AHA recommends that the information submitted to the coordinator include: 1) frequency range(s) used 2) modulation scheme used 3) effective radiated power 4) number of transmitters in use at the health care facility at the time of registration 5) legal name of the authorized health care provider 6) location of transmitter (coordinates, street address, building) 7) point of contact for the authorized health care provider. We seek comment on these and any other possible information requirements.  X 2  l32. AHA recommends that equipment registrations be effective for a term of five years,  xjand may be renewed for additional five year terms. Health care providers would have to notify  xthe frequency coordinator when a device is permanently taken out of service, unless it is replaced  xwith one with the same technical characteristics. Health care providers would also be expected  xjto notify the frequency coordinator of any change in location or other operating parameters. We  xpropose to adopt these requirements, except for the more burdensome requirement that equipment  x8registrations be renewed every five years. We seek comment on these proposals, in particular,  xwhether an expiration date for equipment registration is necessary to ensure the database does not  xbecome "cluttered" with entries for equipment that is no longer in service if users fail to notify  xthe coordinator of the cessation of operation. We also seek comment on who should have access to the database. "#' +,))DD$"Ԍ X2   33. Permissible communications. AHA recommends that all types of information flows  xshould be permissible in the service, including voice, data, video and telecommand, on both a  xxunidirectional and bidirectional basis. We are concerned, however, about AHA's recommendation  x*to allow voice and video transmissions in the WMTS. Allowing voice transmissions could  xencourage equipment in this service to be used as a form of wireless intercom, rather than for its  xintended purpose of transmitting vital patient data. Further, video transmissions could occupy  xa significant portion of the available spectrum for this service. Accordingly, we propose that the  xWMTS be used for all types of communication, except voice or video transmissions, on either a uni or bi directional basis. We seek comments on these proposals.  X 2  J!34. Technical Standards. AHA recommends that the Commission adopt only minimal  xtechnical standards for WMTS equipment. AHA states that this flexibility will encourage  x(manufacturers to develop different applications for medical telemetry. AHA does not believe that  xthe lack of standards will lead to inefficient uses of the band. On the contrary, it believes that  xallowing the industry to move forward without government standards will result in a high degree  xjof innovation. We seek comment on this general approach, and whether the Commission should adopt more specific requirements for certain parameters (e.g. spectral efficiency.)  Xb2  "35. AHA generally does not recommend a specific channelization scheme for these  x2bands. However, it is concerned that the use of broadband technologies, such as spread spectrum,  xcould allow a single user to monopolize a band, which could inhibit the ability of other health  xfcare facilities within an area to utilize narrowband technologies. To facilitate sharing of the  xspectrum, it recommends that broadband equipment operating in the 608614 MHz band be  xtcapable of operating within one or more channels of 1.5 MHz each, up to a maximum of 6 MHz.  xSuch equipment would operate on the minimum number of channels necessary, and must have  x>the capability of being "throttled back" so it will occupy as little as one 1.5 MHz channel, if  xRnecessary, to allow multiple users to share that band. We are proposing these requirements,  x8which we believe will allow the WMTS spectrum to be used efficiently. We seek comment on these proposals.  XN2#36.  AHA recommends the following field strength limits for WMTS transmitters. ^ ddx !ddx  T((( ^  z  l "hFrequency band"6 Maximum ) field strengthl"Measurement distancel"9*Measurement Dbandwidthl"\Detector gfunctionz q   lh #(608614 MHz !h#B[ 370 mV/m !h#43 meters !h#6120 +/ 20 kHz !h CISPR QPq q  hh #`13851390 MHz|"h#B[ 740 mV/m|"h#43 meters|"h#x1 MHz|"h Averageq    ! h #`14321435 MHz$#B[ 740 mV/m$#43 meters$#x1 MHz$ Average  |""$ +,))DD`" "Ԍ xjWe note that the proposed limit in the 608614 MHz band is approximately 5 dB higher than the  X2 xcurrent Part 15 limit for equipment operating in this band.Q,ȡ {Ob(ԍSee 47 C.F.R.  15.242.Q AHA does not provide a justification  xVas to why the limit should be increased, and we are concerned that a higher limit could result in  x.interference to radio astronomy. Accordingly, we propose to maintain the current Part 15 limit  xin the 608614 MHz band. We propose the higher limits recommended by AHA in the 1395 xL1400 MHz and 14291432 MHz bands (or in the alternatively proposed 13911400 MHz band)  x to offset the increased propagation losses at those frequencies. We request comment on the  xappropriateness of these proposed limits. Commenters who suggest alternatives to the frequency  x~bands proposed in this Notice should address the issue of appropriate limits in those alternative bands.  X 2  $37. AHA recommends the following outofband emission limits for transmitters in the WMTS. h !ddx  T((( Addx T((( h   z |" l "hFrequency bandf "6 Maximum ) field strengthOl"Measurement distanceOl"<HMeasurement GbandwidthOl"Detector functionz q   lh #(608614 MHzh#E 200 V/mh#43 metersh#<120 +/ 20 kHzh CISPR QPq q O hh #`13851390 MHz1h#E 500 V/m1h#43 meters1h#~1 MHz1h Averageq    h #`14321435 MHz#E 500 V/m#43 meters#~1 MHz Average  1  x`These are the same as the current Part 15 limits for outofband emissions from most intentional  X2 xradiators, which we believe to be effective at controlling interference.Q-Zȡ {O(ԍSee 47 C.F.R.  15.209.Q Accordingly, we are  x8proposing AHA's recommended limits for the 608614 MHz band, and for the 13951400 MHz  xand 14291432 MHz bands (or the alternatively proposed 13911400 MHz band). We request  xpcomment on the appropriateness of these limits. Commenters who suggest alternatives to the  x8frequency bands proposed in this Notice should address the issue of appropriate limits in those alternative bands.  X2  ^%38. Protection of other existing services. As stated above, the WMTS must not cause  X2 xinterference to radio astronomy operations,. ȡ yO!(  ԍFootnote US311 to the United States Table of Frequency Allocations and International Radio Regulation  xF718 (new regulation S5.149) of the International Telecommunication Union state that administrations are urged to  xZmake every practicable effort to avoid the assignment of frequencies in certain bands that could cause interference to radio astronomy operations. and to certain grandfathered government  xoperations. We therefore propose rules requiring the coordination of WMTS operations in the  X2 x608614 MHz band with radio astronomy operations, similar to the requirements in Part 15.T/ȡ {OC'(ԍSee 47 C.F.R.  15.242(e).T  x<The proposed rules would also require that operation in the 13951400 MHz and 14291432 MHz"f /,))DD"  xpbands (or the alternatively proposed 13911400 MHz band) must protect certain government  xBoperations. Finally, parties using WMTS equipment would need to be aware that the operation  xof transmitters in close proximity to medical equipment could cause interference to the operation  xof the medical equipment. The proposed rules would provide a warning to this effect, similar  X2 xto the warning found in the Part 15 rules for medical telemetry equipment.T0ȡ {O(ԍSee 47 C.F.R.  15.242(h).T Commenters who  xsuggest alternatives to the frequency bands proposed in this Notice should address the need to protect other existing services.  XH2  &39. Equipment authorization requirement. AHA recommends that WMTS transmitters  X12 xbe authorized through the Declaration of Conformity (DoC) procedure in Part 2 of the rules.`11Zȡ {O< (ԍSee 47 C.F.R.  2.1071, et. seq.`  xAHA also recommends that the manufacturer be required to provide certain technical information  X 2 xto the user in addition to the other information required as part of the DoC process.Q2 ȡ {O(ԍSee 47 C.F.R.  2.1077.Q DoC is a  xmanufacturer's selfapproval procedure where the equipment is tested to ensure it complies with  x8the Commission's specified technical standards, and may then be marketed without an approval  xby the Commission. We believe that DoC is an appropriate authorization for WMTS equipment.  xThe equipment is relatively low powered, and will operate in a band reserved exclusively for  xlmedical telemetry equipment, with the exception of a limited number of fixed government  xoperations. There is therefore less concern about the equipment causing interference than would  xLbe the case if the band were shared with other services. Accordingly, we propose that medical  xLtelemetry equipment operating under the new WMTS be authorized through the DoC procedure.  x$We also propose that laboratories accredited to perform DoC testing under Part 15 of the rules  xbe permitted to perform DoC testing for equipment in the new WMTS, since the measurement  X2 xjprocedures are essentially the same for both types of equipment.*3"~ȡ yO5(   ԍA laboratory testing equipment authorized under the DoC procedure must be accredited by an organization  {O( xapproved by the Commission. See 47 C.F.R.  2.948(d). The limits we are proposing for WMTS equipment are  xexpressed in terms of field strength, as are the limits for most equipment under Part 15 of the rules. Therefore, the same measurement procedures used for testing Part 15 equipment can be used for testing WMTS equipment.* However, we would decline  xto require manufacturers to provide users certain technical information AHA recommends as part  X2 xof the DoC process.S4Xh ȡ yO (  vԍAHA recommended requiring manufacturers to provide: 1) the transmitter operating frequencies, 2) the  xmodulation scheme used, 3) the field strength or effective radiated power of the device, and 4) the name and address of the designated frequency coordinator.S We believe manufacturers would already provide this information as a  xroutine matter, so a requirement on our part is unnecessary. We seek comments on these  xproposals, and whether certification would be appropriate due to the fact that new types of equipment may be developed for this service.  Xe2  '40. Transition Provisions. AHA believes that eventually all medical telemetry equipment  xshould be designed to operate in the new frequency bands. AHA estimates it will take"N 4,))DD"  xVmanufacturers approximately three to four years to develop and market devices for these bands.  x.Therefore, they recommend that all equipment approved, beginning four years after adoption of  xfinal rules, should be designed to operate in the new frequency bands. AHA further recommends  xlthat equipment approved prior to that date can continue to be manufactured, marketed and  xLoperated indefinitely so that health care facilities are not forced to replace devices that are still useful.  X_2  (41. While our primary goal in this proceeding is to protect the operation of medical  xtelemetry equipment from harmful interference, we need to balance that with the goal of allowing  xDTV and PLMR to grow and develop without unnecessary delays. In that regard, we believe that  x~four years is a longer transition period than necessary for requiring new equipment to operate in  xthe new frequency bands. Equipment operating in the 608614 MHz band is already available  xunder the provisions of Part 15, and AHA has indicated that equipment can be rapidly developed  xVfor the other proposed bands. In order to encourage users to migrate out of the DTV and PLMR  xbands as quickly as possible, we propose that, beginning two years from the effective date of  xfinal rules in this proceeding, all medical telemetry equipment authorized must operate in the new  x`frequency bands. Equipment that is already in operation in the DTV and PLMR bands as of that  Xy2 xldate may continue to be operated, but at the users' own risk.5$yȡ yO(  \ԍIn the Refarming proceeding, the Commission is considering whether it is possible that some lowpowered  {O( xmedical telemetry devices would be allowed coprimary status in the PLMR bands. See Replacement of Part 90  xby Part 88 to Revise the Private Land Mobile Radio Services (Report and Order and Further Notice of Proposed  {OL(Rule Making), 10 FCC Rcd 10076 (1995). We seek comment on these  xproposals, including whether we should place a cutoff date on the manufacturing and importation of equipment authorized under Parts 15 and 90.  X2  d)42. AHA also is concerned that the Commission may lift the freeze on highpower  xzoperation on the 12.5 kHz offset channels in the 450470 MHz band. It states that a five year  xtransition period starting from the adoption of rules allocating spectrum for medical telemetry  xequipment is necessary to avoid disastrous consequences to existing users. AHA states that a  xshorter transition time may be possible in parts of the band, either by relocating existing users  xBor identifying channels which are not used by medical telemetry devices. We seek comment on  x8AHA's 5year proposal, and on what steps may be taken to allow an earlier lifting of the freeze in the 450470 MHz band without causing interference to medical telemetry equipment.  X72 }PROCEDURAL MATTERS ă  X 2  D*43. This is a permitbutdisclose notice and comment rule making proceeding.  Ex parte  xpresentations are permitted, except during the Sunshine Agenda period, provided they are  X2 xdisclosed as provided in the Commission's rules. See generally 47 C.F.R.  1.1200(a), 1.1203, and 1.1206(a). "!5,))DD"Ԍ X2  +44. Initial Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act,  xL5 U.S.C.  603, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA)  xVof the expected impact on small entities of the proposals suggested in this document. The IRFA  xis set forth in Appendix B. Written public comments are requested on the IRFA. These  xcomments must be filed in accordance with the same filing deadlines as comments on the rest  xof the Notice, but they must have a separate and distinct heading designating them as responses  x~to the IRFA. The Secretary will send a copy of this Notice of Proposed Rule Making, including  xthe IRFA, to the Chief Counsel for Advocacy of the Small Business Administration in accordance  XH2with Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C.  603(a).  X 2  ,45. Comment Dates. Pursuant to Sections 1.415 and 1.419 of the Commission's Rules,  X 2 x47 C.F.R. Sections 1.415 and 1.419, interested parties may file comment on or before [45 days  X 2 xJfrom date of publication in the Federal Register] and reply comments on or before [75 days  X 2 xpfrom date of publication in the Federal Register] . Comments may be filed using the  X 2 xDCommission's Electronic Comment Filing System (ECFS) or by filing paper copies. See  X 2Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998).  X}2  r-46. Comments filed through the ECFS can be sent as an electronic file via the Internet  xat . Generally, only one copy of an electronic submission  xmust be filed. If multiple docket or rulemaking numbers appear in the caption of the proceeding,  xhowever, commenters must transmit one electronic copy of the comments to each docket or  x8rulemaking number referenced in the caption. In completing the transmittal screen, commenters  x>should include their full name, Postal Service mailing address, and the applicable docket or  xrulemaking number. Parties may also submit an electronic comment by Internet email. To get  xfiling instructions for email comments, commenters should send an email to ecfs@fcc.gov, and  xshould include the following words in the body of the message, "get form ." A sample form and directions will be sent in reply.  X2  .47. Parties who choose to file by paper must file an original and four copies of each  x8filing. If more than one docket or rulemaking number appears in the caption of this proceeding,  xcommenters must submit two additional copies for each additional docket or rulemaking number.  xAll filings must be sent to the Commission's Secretary, Magalie Roman Salas, Office of  xtSecretary, Federal Communications Commission, The Portals, 445 12th Street, SW, Room TWA325, Washington, DC 20554.  X2  /48. Parties who choose to file by paper should also submit their comments on diskette.  xThese diskettes should be submitted to: Hugh L. Van Tuyl, Office of Engineering and  xTechnology, Federal Communications Commission, The Portals, 445 Twelfth Street, SW, Room  x7A162, Washington, D.C. 20554. Such a submission should be on a 3.5 inch diskette formatted  xjin an IBM compatible format using WordPerfect 5.1 for Windows or compatible software. The  x8diskette should be accompanied by a cover letter and should be submitted in "read only" mode.  x<The diskette should be clearly labelled with the commenter's name, proceeding (including the lead  xdocket number, in this case ET Docket No. 99255, type of pleading (comment or reply  xcomment), date of submission, and the name of the electronic file on the diskette. The label  xshould also include the following phrase "Disk Copy Not an Original". Each diskette should"(5,))DD%"  xcontain only on party's pleadings, preferably in a single electronic file. In addition, commenters  xmust send diskette copies to the Commission's copy contractor, International Transcription Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20037.  X2  049. Comments and reply comments will be available for public inspection during regular  xjbusiness in the Reference Information Center (Room CY-A257) of the Federal Communications  xCommission, 445 12th Street, SW, Washington, DC 20554. Copies of comments and reply  xcomments are available through the Commission's duplicating contractor, International  xtTranscription Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20037, (202) 8573800, TTY (202) 2938810.  X 2  150. Alternative formats (computer diskette, large print, audio cassette and Braille) are  xavailable to persons with disabilities by contacting Martha Contee at (202) 4180260, TTY (202) 4182555, or at mcontee@fcc.gov.  X 2  251. IT IS ORDERED, that pursuant to Sections 4(i), 11, 301, 302, 303(e), 303(f), 303(r),  x304, 307 and 332(b) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i),  x 161, 301, 302, 303(e), 303(f), 303(r), 304, 307 and 332(b), this Notice of Proposed Rule Making is hereby ADOPTED.  X42   352. IT IS FURTHER ORDERED that the Commission's Office of Public Affairs,  xtReference Operations Division, SHALL SEND a copy of this Notice of Proposed Rule Making,  xincluding the Initial Regulatory Flexibility Analysis to the Chief, Counsel for Advocacy of the Small Business Administration.  X2  453. For further information regarding this Notice of Proposed Rule Making, contact Hugh L. Van Tuyl, (202) 4187506, Office of Engineering and Technology. ` `  ,hhhFEDERAL COMMUNICATIONS COMMISSION ` `  ,hhhMagalie Roman Salas ` `  ,hhhSecretary " 5,))DD"  `2   1. a. i.(1)(a)(i) 1) a)5 1. a. i.(1)(a)(i) 1) a) .a#| P \P# Appendix A: Proposed Rules ă   X2 x# Xj\  PG;`XP#For the reasons discussed in the Notice of Proposed Rule Making, the Federal Communications Commission proposes to amend 47 CFR parts 2, 15, 90, and 95 as follows:  X2  X2PART 2 FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; H X2GENERAL RULES AND REGULATIONS  X21. The authority citation for Part 2 continues to read as follows:  X^ 2 AUTHORITY: Sec. 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307, unless otherwise noted.  X0 2  X 22. Section 2.106, the Table of Frequency Allocations, is amended as follows:  X 2a. Remove the existing entries for 608610 MHz, 608614 MHz, 13501400 MHz, and 14291525 MHz.  X2b. Add entries in numerical order for 608610 MHz, 608614 MHz, 13501395 MHz, 13951400 MHz, 14291432 MHz, 14321435 MHz, and 14351525 MHz.  Xa2c. In the International Footnotes under heading I., add footnotes S5.304, S5.305, S5.306, S5.307, S5.334, S5.338, S5.339, S5.341, S5.342, and S5.343.  X2d. Revise the text of footnotes US246, G27, and G30.  X2e. Add footnotes USxxx, USyyy, and USzzz. "5,))DD"  X2 3'3'Standard'3''Current Windows FormRSX\ ܒ     2.106 Table of Frequency Allocations * * * * *  eA#|M2PC :%P# r Addx T((( a<<<arruf{{{ r (    1( && =G International tableSWUnited States tableSt'FCC use designators(   a( && iRegion 1 allocation `MHz3 Region 2 allocation b MHzVRegion 3 allocation MMHzGovernment/NonGovernment&Rule part(s)b+Specialuse c+frequencies(   S( (1)s|pc h(2)s|  o (3)s|Allocation MHz (4)3Allocation MHz Wc!(5)/( '(6)*- |,(7)( |  ( &P& 608610 BROADCASTING S5.149 S5.296 S5.300 S5.304 S5.306  P608610 RADIO ASTRONOMY Mobilesatellite except aeronautical mobile satellite (Earthto space)  P608610 FIXED MOBILE BROADCASTING RADIONAVIGATION S5.149 S5.305 S5.306 S5.307 P608610 LAND MOBILE USxxx RADIO ASTRONOMY US74 US246  P608610 LAND MOBILE USxxx RADIO ASTRONOMY US74 US246  P PERSONAL (95) P&|    & &P& 610614 BROADCASTING S5.149 S5.296 S5.300 S5.304 S5.306610614 RADIO ASTRONOMY Mobilesatellite except aeronautical mobile satellite (Earthto space)610614 FIXED MOBILE BROADCASTING S5.149 S5.305 S5.306 S5.307610614 LAND MOBILE USxxx RADIO ASTRONOMY US74 US246610614 LAND MOBILE USxxx RADIO ASTRONOMY US74 US246  PERSONAL (95)&    & && *mI**:*\!*(*-*&    & && 13501395 FIXED MOBILE RADIOLOCATION S5.149 S5.338 S5.33913501395 RADIOLOCATION S5.149 S5.334 S5.33913501395 RADIOLOCATION S5.149 S5.33913501395 FIXED MOBILE RADIOLOCATION G2 S5.149 S5.334 S5.339 US311 G27 G114 13501395 S5.149 S5.334 S5.339 US311&  0  & && 13951400 FIXED MOBILE RADIOLOCATION S5.149 S5.338 S5.33913951400 RADIOLOCATION S5.149 S5.33913951400 RADIOLOCATION S5.149 S5.33913951400 LAND MOBILE USxxx S5.149 S5.339 US311 USyyy13951400 LAND MOBILE USxxx S5.149 S5.339 US311 USyyy PERSONAL (95)(0       ( && *mI**:*\!*(*-*   "u5 "  | a<<<arruf{{{ <<<rruf{{{ | (   ( && =G International tableWUnited States tablet'FCC use designators(   ( && iRegion 1 allocation `MHz3 Region 2 allocation b MHzVRegion 3 allocation MMHzGovernment/NonGovernment&Rule part(s)b+Specialuse c+frequencies(   ( (1)|pc h(2)|  o (3)|Allocation MHz (4)"3Allocation MHz Wc!(5)"/( '(6)"*- |,(7)( 0  ( && 14291432 FIXED MOBILE except aeronautical mobile S5.341 S5.342R14291432 FIXED MOBILE S5.343 S5.341R14291432 FIXED MOBILE S5.343 S5.341R14291432 LAND MOBILE USxxx S5.341 USzzz R14291432 LAND MOBILE USxxx S5.341 USzzz R PERSONAL (95) Private Land Mobile (90) R&0    "& && 14321435 FIXED MOBILE except aeronautical mobile S5.341 S5.342( 14321435 FIXED MOBILE S5.343 S5.341( 14321435 FIXED MOBILE S5.343 S5.341( 14321435  eAD  FIXED MOBILE S5.341 G30( 14321435 Land Mobile (telemetry and telecommand) Fixed (telemetry) S5.341 (  eA Private Land Mobile (90) ( &  0  R& && 14351525 FIXED MOBILE except aeronautical mobile S5.341 S5.342X14351525 FIXED MOBILE S5.343 S5.341X14351525 FIXED MOBILE S5.343 S5.341X14351525 MOBILE (aeronautical telemetry) US78 S5.341 X14351525 MOBILE (aeronautical telemetry) US78 S5.341 X AVIATION (87)X*-(0       ( ( && *ZmI*Z*Z:*Z\!*Z(*Z-*  X"Z5 "  X2 '3''Current Windows FormRSX\ 3'3'Current Windows FormRSX\ ڒ  X t\# Xj\  P G;`XP#INTERNATIONAL FOOTNOTES x * * * * *  X2` hp x (# hp x (#S5.304 Additional allocation: in the African Broadcasting Area (see Nos. S5.10 to S5.13), the band 606614 MHz is also allocated to the radio astronomy service on a primary basis.  XJ2S5.305 Additional allocation: in China, the band 606614 MHz is also allocated to the radio astronomy service on a primary basis.  X 2S5.306 Additional allocation: in Region 1, except in the African Broadcasting Area (see Nos. S5.10 to S5.13), and in Region 3, the band 608614 MHz is also allocated to the radio astronomy service on a secondary basis.  X 2S5.307 Additional allocation: in India, the band 608614 MHz is also allocated to the radio astronomy service on a primary basis. * * * * *  X<2S5.334 Additional allocation: in Canada and the United States, the bands 12401300 MHz and 13501370 MHz are also allocated to the aeronautical radionavigation service on a primary basis. * * * * * S5.338 In Azerbaijan, Belarus, Mongolia, Poland, Kyrgyzstan, Slovakia, the Czech Republic, Romania, Turkmenistan and Ukraine, existing installations of the radionavigation service may continue to operate in the band 13501400 MHz. S5.339 The bands 13701400 MHz, 26402655 MHz, 49504990 MHz and 15.2015.35 GHz are also allocated to the space research (passive) and earth explorationsatellite (passive) services on a secondary basis. * * * * * S5.341 In the bands 14001727 MHz, 101120 GHz and 197220 GHz, passive research is being conducted by some countries in a programme for the search for intentional emissions of extraterrestrial origin.  Xr$2S5.342 Additional allocation: in Belarus, Russia Federation and Ukraine, the band 14291535 MHz is also allocated to the aeronautical mobile service on a primary basis exclusively for the purposes of aeronautical telemetry within the national territory. As of 1 April 2007, the use of the band 14521492 MHz is subject to agreement between the administrations concerned."(5,))pp%"ԌS5.343 In Region 2, the use of the band 14351535 MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile service. * * * * *  X2#Xj\  P6G;`XP# cUNITED STATES (US) FOOTNOTES * * * * * US246 Except for medical telemetry equipment operating in the band 608614 MHz, no stations shall be authorized to transmit in the following bands: 608614 MHz, 14001427 MHz, 1660.51668.4 MHz, 26902700 MHz, 49905000 MHz, 10.6810.70 GHz, 15.3515.40 GHz, 23.624.0 GHz, 31.331.8 GHz, 51.454.25 GHz, 58.259.0 GHz, 6465 GHz, 8692 GHz, 100102 GHz, 105116 GHz, 164168 GHz, 182185 GHz and 217231 GHz. Medical telemetry equipment shall not cause harmful interference to radio astronomy operations in the band 608614 MHz and shall be coordinated under the requirements found in 47 C.F.R.  95.1119. * * * * * USxxx In the 608614 MHz, 13951400 MHz, and 14291432 MHz bands, the land mobile service is limited to medical telemetry and telecommand operations. Additionally, the 14291432 MHz band may be used on secondary basis for nonGovernment land mobile telemetry and telecommand and fixed telemetry. "5,))pp" USyyy The band 13951400 MHz was identified for reallocation, effective January 1, 1999, for exclusive nonGovernment use under Title VI of the Omnibus Budget Reconciliation Act of 1993. Effective January 1, 1999, any Government operations in this band are on a noninterference basis to authorized nonGovernment operations and shall not hinder implementation of any nonGovernment operations. However, Government operations authorized as of March 22, 1995 at 17 sites identified below will be continued on a fully protected basis until January 1, 2009.  yO_(#X\  P6G;ߌP# w <<<rruf{{{  <<<'OOOO""""""w "  d  X" "r" "MSitesr"L Lat/Longr"Radiusr"?{Sitesr"4Lat/Longr"J Radiusd  ' "r" "Eglin AFB, FL " yO()| 3028'N/08631'W "80 km "Ft. Greely, AK " yO(6347'N/14552'W "K 80 km  "," "Dugway PG, UT " yO ()| 4011'N/11253'W ,"R80 ,"Ft. Rucker, AL ," yO (3113'N/08549'W ,"Xv!80    ",," "China Lake, CA " yO ()| 3541'N/11741'W ,"R80 ,"!FRedstone, AL ," yO (3435'N/08635'W ,"Xv!80    ",," "Ft. Huachuca, AZ " yO ()| 3133'N/11018'W ,"R80 ," =Utah Test Range, UT ," yO (4057'N/11305'W ,"Xv!80    ",," "Cherry Point, NC " yO ()| 3457'N/07656'W ,"R80 ,"WSM Range, NM ," yO (3210'N/10621'W ,"Xv!80    ",," ">Patuxent River, MD" yO+()| 3817'N/07625'W,"R80," ZHolloman AFB, NM," yO+(3329'N/10650'W,"Xv!80    ",," "nAberdeen PG, MD" yO?()| 3929'N/07608'W,"R80,".Yuma, AZ," yO?(3229'N/11420'W,"Xv!80   "," "WrightPatterson AFB, OH" yOS()| 3950'N/08403'W"R80"#Pacific Missile ,Range, CA" yOS(3407'N/11930'W"Xv!80 D   "h" "iEdwards AFB, CA'J" yO/()| 3454'N/11753'W'h"R80'h"P'h"l'h"a!D   h  X2#Xj\  P6G;`XP#"5,))ppF " USzzz The band 14291432 MHz was identified for reallocation, effective January 1, 1999, for exclusive nonGovernment use under Title VI of the Omnibus Budget Reconciliation Act of 1993. Effective January 1, 1999, any Government operations in this band are on a noninterference basis to authorized nonGovernment operations and shall not hinder the implementation of any nonGovernment operations. However, Government operations authorized as of March 22, 1995 at 14 sites identified below will be continued on a fully protected basis until January 1, 2004.  yO_(#X\  P6G;ߌP# r <<<'OOOO"""""" <<<'<27u""""""r D  d   "r" "DSitesr"I Lat/Longr"Radiusr":NSitesr"Lat/Longr"I Radiusd  ' "r" "5Patuxent River, MD " yO(&[ 3817'N/07625'W "70 km "Mountain Home /AFB, IDW " yO(4301'N/11550'WW "RB!160  "," "NAS Oceana, VAk " yO (&[ 3649'N/07602'Wk ,"100k ,"NAS Fallon, NVk ," yO (3924'N/11843'Wk ,"RB!100  W  "," "MCAS Cherry Point, NCG " yO (&[ 3454'N/07652'WG "100G "Nellis AFB, NVG " yO (3614'N/11502'WG "RB!100  k  "," "$Beaufort MCAS, SC[" yO (&[ 3226'N/08040'W[,"160[,"NAS Lemore, CA[," yO (3618'N/11947'W[,"RB!120  G  "," "NAS Cecil Field, FL7" yO(&[ 3013'N/08152'W7"1607"}Yuma MCAS, AZ7" yO(3239'N/11435'W7"RB!160  [ "" "bNAS Whidbey IS., \WA" yO(&[ 4819'N/12224'W")70"China Lake, CA" yO(3529'N/11716'W"Wl!80    7 "" "oYakima Firing Ctr AAF, WA" yO_(&[ 4640'N/12015'W")70"+MCAS Twenty Nine 'Palms, CA" yO_(3415'N/11603'W"Wl!80     X2#Xj\  P6G;`XP# nGOVERNMENT (G) FOOTNOTES * * * * *  G27 In the bands 225328.6, 335.4399.9, and 13501395 MHz, the fixed and mobile services are limited to the military services. G30 In the bands 138144, 148149.9, 150.05150.8, 14271429, and 14321435 MHz, the fixed and mobile services are limited primarily to operations by the military services. * * * * * "5,))pp"  X2 PART 15 RADIO FREQUENCY DEVICES  X23. The authority citation for Part 15 continues to read as follows:  X2 AUTHORITY: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.  hp x (# hp x (#  X_24. Section 15.37 is amended by adding a new paragraph (h).  X12  15.37 Transition provisions for compliance with the rules. * * * * *  X 2(h) Effective [two years from effective date of final rules] , medical telemetry equipment operating under the provisions of 15.242 shall no longer be authorized. The requirements for medical telemetry equipment authorized on or after this date are found in Subpart H of Part 95 of this chapter.  Xb2 PART 90 PRIVATE LAND MOBILE RADIO SERVICES  X425. The authority citation for Part 90 continues to read as follows:  X2 AUTHORITY: Secs. 4, 2512, 303, 309, and 332, 48 Stat. 1066, 1082, as  X2amended; 47 U.S.C. 154, 2512, 303, 309 and 332, unless otherwise noted.  X26. Section 90.203 is amended by revising paragraph (a)(1) as follows:  X2  90.203 Certification required (a) * * *  X72(1) Effective [two years from effective date of final rules] , medical telemetry equipment operating under the provisions of 90.267(a)(5) shall no longer be authorized. The requirements for medical telemetry equipment authorized on or after this date are found in Subpart H of Part 95 of this chapter. (2)* * * * * * * *  Xh$2 PART 95 PERSONAL RADIO SERVICES  X:&27. The authority citation for Part 95 continues to read as follows: "#'5,))ppX%"Ԍ X2 AUTHORITY: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154,  X2303.  X28. Section 95.401 is amended by adding a new paragraph (d) as follows:  X2  95.401 (CB Rule 1) What are the Citizens Band Radio Services? * * * * * (d) The Wireless Medical Telemetry Service (WMTS)a private, short distance data communication service for the transmission of patient medical information to a central monitoring location in a hospital or other medical facility. Voice and video communications are prohibited. The rules for this service are contained in subpart H of this part.  X 29. Section 95.601 is amended by changing the last sentence to read as follows:  X2  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 (Citizens Band Radio Service)subpart D, the Low Power Radio Service (LPRS)subpart G, and the Wireless Medical Telemetry Service (WMTS)subpart H.  X2 10. A new section 95.630 is added as follows:  X2  95.630 WMTS transmitter frequencies WMTS transmitters may operate on the frequencies specified below.  XN2 hp x (#` p x (#` ` Option 1hOption 2  X72 [` ` 608614 MHz][608614 MHz]  X 2[` ` 13951400 MHz ] or [13911400 MHz]  X 2[` ` 14291432 MHz]  X2 11. Section 95.631 is amended by adding a new paragraph (h)  X!2  95.631 Emission Types * * * * * (h) A WMTS station may transmit any emission type appropriate for communications in this service, except for video and voice.  X (2 12. Section 95.639 is amended by adding a new paragraph (f) as follows:" (5,))pp4&"Ԍ X2ԙ  95.639 Maximum transmitter power * * * * * (f) The maximum field strength authorized for WMTS stations in the 608614 MHz  X2band is 200 mV/m, measured at 3 meters. For stations in the [13951400 MHz and 1429 X21432 MHz] or [13911400 MHz] bands, the maximum field strength is 740 mV/m, measured at 3 meters.  XH2 13. Section 95.649 is revised to read as follows:  X 2  95.649 Power capability No CB, R/C, LPRS, FRS or WMTS unit shall incorporate provisions for increasing its transmitter power to any level in excess of the limits specified in  95.639.  X 2 14. Section 95.651 is revised to read as follows:  Xy2  95.651 Crystal control required All transmitters used in the Personal Radio Services must be crystal controlled, except an R/C station that transmits in the 2627 MHz frequency band, a FRS unit, a LPRS unit, or a WMTS unit.  X215. A new Subpart H is added to read as follows:  X2 Subpart H Wireless Medical Telemetry Service (WMTS) ` ` General Provisions  Xe2  95.1101 Scope This part sets out the regulations for licensed Wireless Medical Telemetry Devices  X 2operating in the 608614 MHz , [13951400 MHz and 14291432 MHz] or [13911400 MHz] frequency bands.  X2  95.1103 Definitions (a) Authorized health care provider. A physician or other individual authorized under state or federal law to provide health care services, or any other health care facility operated by or employing individuals authorized under state or federal law to provide health care services, or any trained technician operating under the supervision and control of an individual or health care facility authorized under state or federal law to provide health care services. "#'5,))ppN%"Ԍ(b) Health care facility. A health care facility includes hospitals and other establishments that offer services, facilities and beds for use beyond a 24 hour period in rendering medical treatment, and institutions and organizations regularly engaged in providing medical services through clinics, public health facilities, and similar establishments, including government entities and agencies for their own medical activities; except the term health care facility does not include an ambulance or other moving vehicle. (c) Wireless medical telemetry. The measurement and recording of physiological parameters and other patientrelated information via radiated bi or unidirectional  X12electromagnetic signals in the [608614 MHz, 13951400 MHz, and 14291432 MHz] or  X 2[608614 MHz and 13911400 MHz] frequency bands.  X 2  95.1105 Eligibility Authorized health care providers are authorized by rule to operate transmitters in the Wireless Medical Telemetry Service without an individual license issued by the Commission. Manufacturers of wireless medical telemetry devices and their representatives are authorized to operated wireless medical telemetry transmitters in this service solely for the purpose of demonstrating such equipment to, or installing and maintaining such equipment for, duly authorized health care providers.  X2  95.1107 Authorized locations The operation of a wireless medical telemetry transmitter under this part is authorized anywhere within a health care facility. This authority does not extend to mobile vehicles, such as ambulances, even if those vehicles are associated with a health care facility.  X2  95.1109 Equipment authorization requirement (a) Wireless medical telemetry devices operating under this part must be authorized under the Declaration of Conformity procedure prior to use or marketing in accordance with the provisions of Part 2, Subpart J of this chapter. (b) Each device shall be labelled with the following statement: XTested to comply with FCC requirements. Operation of this equipment requires the prior coordination with a frequency coordinator designated by the FCC for the Wireless Medical Telemetry Service.(#  X#2  95.1111 Frequency Coordination (a) Prior to operation, authorized health care providers who desire to use wireless medical telemetry devices must register with the designated frequency coordinator. The registration must include the following information: " (5,))pp &"Ԍ(1) frequency range(s) used; Xw(2) modulation scheme used;(# Xw(3) effective radiated power;(# Xw(4) number of transmitters in use at the health care facility as of the date of registration;(# Xw(5) legal name of the authorized health care provider;(# Xw(6) location of transmitter (coordinates, street address, building);(# Xw(7) point of contact for the authorized health care provider (name, title, office).(# (b) An authorized health care provider shall notify the frequency coordinator whenever a medical telemetry device is permanently taken out of service, unless the device is replaced with another transmitter utilizing the same technical characteristics as those reported on the effective registration. An authorized health care provider shall maintain the information contained in each registration current in all material respects, and shall notify the frequency coordinator when any change is made in the location or operating parameters previously reported which is material.  Xy2  95.1113 Frequency coordinator (a) The Commission will designate a frequency coordinator to manage the usage of the frequency bands for the operation of medical telemetry devices. (b) The frequency coordinator shall review and process coordination requests submitted by authorized health care providers as required in Section 95.1111 of this part.  X2  95.1115 General technical requirements (a) Field strength limits (1) In the 608614 MHz band, the maximum allowable field strength is 200 mV/m, as measured at a distance of 3 meters, using measuring instrumentation with a CISPR quasipeak detector.  X 2(2) In the [13951400 MHz and 14291432 MHz] or [13911400 MHz] bands, the maximum allowable field strength is 740 mV/m, as measured at a distance of 3 meters, using measuring equipment with an averaging detector and a 1 MHz measurement bandwidth. (b) Undesired emissions (1) For equipment operating in the 608614 MHz band, outofband emissions are limited to 200 V/m, as measured at a distance of 3 meters, using measuring instrumentation with a CISPR quasipeak detector.  X#'2(2) For equipment operating in the [13951400 MHz and 14291432 MHz] or [1391 X (21400 MHz] bands, outofband emissions are limited to 500 V/m as measured at a distance" (5,))pp%" of 3 meters using measuring equipment with an averaging detector and a 1 MHz measurement bandwidth. (c) Emission types. A wireless medical telemetry device may transmit any emission type appropriate for communications in this service, except for video and voice. (d) Channel use.  XH2(1)In the [13951400 MHz and 14291432 MHz] or [13911400 MHz] bands, no specific channels are specified. Wireless medical telemetry devices may operate on any channel within the bands authorized for wireless medical telemetry use in this part.  X 2(2)In the 608614 MHz band, wireless medical telemetry devices utilizing broadband technologies such as spread spectrum shall be capable of operating within one or more channels of 1.5 MHz each, up to a maximum of 6 MHz, and shall operate on the minimum number of channels necessary to avoid harmful interference to any other wireless medical telemetry devices. (3) Channel usage is on a coprimary shared basis only, and channels will not be assigned for the exclusive use of any entity. (4) Authorized health care providers, in conjunction with the equipment manufacturers, must cooperate in the selection and use of frequencies in order to reduce the potential for interference with other wireless medical telemetry devices, or other coprimary users. (e) Frequency stability. Manufacturers of wireless medical telemetry devices are responsible for ensuring frequency stability such that an emission is maintained within the band of operation under all of the manufacturer's specified conditions.  XN2  95.1117 Types of communications (a) All types of communications except voice and video are permitted, on both a unidirectional and bidirectional basis, provided that all such communications are related to the provision of medical care. (b) Operations that comply with the requirements of this part may be conducted under manual or automatic control, and on a continuous basis.  X#2  95.1119 Specific requirements for wireless medical telemetry devices operating in the  Xh$2608614 MHz band    For a wireless medical telemetry device operating within the frequency range 608614  xVMHz and that will be located near the radio astronomy observatories listed below, operation is" (5,))pp%"  xnot permitted until the frequency coordinator specified in 95.1113 has coordinated with, and  xobtain the written concurrence of, the director of the affected radio astronomy observatory before the equipment can be installed or operated (a) Within 80 kilometers of:  Xv2  (1) National Astronomy and Ionosphere Center, Arecibo, Puerto Rico: 18o 20' 38.28"  X_2North Latitude, 66o 45' 09.42" West Longitude.  X12  (2) National Radio Astronomy Observatory, Socorro, New Mexico: 34o 04' 43" North  X 2Latitude, 107o 37' 04" West Longitude.  X 2  h(3) National Radio Astronomy Observatory, Green Bank, West Virginia: 38o 26' 08''  X 2North Latitude, 79o 49' 42'' West Longitude. (b) Within 32 kilometers of the National Radio Astronomy Observatory centered on: c <<<'<27u"""""" ddxy \ c       Very Long Baseline Array Stations   Latitude (North)  Longitude (West) q y   Pie Town, NM{h  X234o 18' {  X2108o 07'q q     Kitt Peak, AZh  X231o 57'  X2111o 37'q q {   Los Alamos, NM]h  Xt235o 47']  Xt2106o 15'q q    Fort Davis, TXh  X230o 38'  X2103o 57'q q ]   North Liberty, IA?h  XV241o 46'?  XV291o 34'q q    Brewster, WAh  X248o 08'  X2119o 41'q q ?   Owens Valley, CA!h  X8237o 14'!  X82118o 17'q q    Saint Croix, VIh  X217o 46'  X264o 35'q q !   Mauna Kea, HIh  X219o 49'  X2155o 28'q      Hancock, NH  X242o 56'  X271o 59'     xThe National Science Foundation point of contact for coordination is: Spectrum Manager,  x8Division of Astronomical Sciences, NSF Rm 1045, 4201 Wilson Blvd., Arlington, VA 22230, telephone: 7033061823.  X1$2  95.1121 Specific requirements for wireless medical telemetry devices operating in the  X%2[13951400 MHz and 14291432 MHz] or [13911400 MHz] bands.    xDue to the critical nature of communications transmitted under this part, users shall  x determine whether there are any federal government radar systems whose operations could affect,"' 5,))pp(,"  X2 xor could be affected by, proposed wireless medical telemetry operations in the [13951400 MHz  X2 xand 14291432 MHz] or [13911400 MHz] bands. The locations of government radar systems in these bands are specified in footnotes USyyy and USzzz of  2.106 of this chapter.  X2  95.1123 Protection of medical equipment   ZThe manufacturers, installers and users of WMTS equipment are cautioned that the operation of this equipment could result in harmful interference to other nearby medical devices. "H!5,))pp,"  X2   #Xj\  P6G;`XP#APPENDIX B ă  X2  INITIAL REGULATORY FLEXIBILITY ANALYSIS ă  X2  vAs required by the Regulatory Flexibility Act (RFA),6Z  {O(  ԍSee 5 U.S.C.  603. The RFA, see 5 U.S.C.  601 et. seq., has been amended by the Contract With  xAmerica Advancement Act of 1996, Pub. L. No. 104121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). the Commission has prepared this  x(present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact  Xv2 xon small entities by the policies and rules proposed in this NPRM.7v  yO (  ԍAmendment of Parts 2 and 95 of the Commission's Rules to Permit Operation of Medical Telemetry Equipment in the 608614 MHz, 13851390 MHz and 14321435 MHz Bands on a Primary Basis Written public comments  xare requested on this IRFA. Comments must be identified as responses to the IRFA and must  XJ2 x"be filed by the deadlines for comments provided in paragraph 45 of this NPRM. The  X52 xCommission will send a copy of this NPRM, including this IRFA, to the Chief Counsel for  X 2 xAdvocacy of the Small Business Administration. See 5 U.S.C.  603(a). In addition, the NPRM  X 2and IRFA (or summaries thereof) will be published in the Federal Register. See id.  X 2Xx A.Need for, and Objectives of, the Proposed Rules (#   bMedical telemetry equipment currently operates on an unlicensed basis on certain unused  xTV channels under Part 15 of the rules, and on a secondary basis to private land mobile services  xin the 450470 MHz band under Part 90 of the rules. With the transition to digital TV service,  xboth full power and lowpower TV stations may begin operating on some of the vacant channels  xused by medical telemetry equipment. In addition, the new channelization scheme being  x2implemented in the 450470 MHz band will allow highpower operation on the channels currently  xreserved for lowpower use where medical telemetry equipment operates. Both of these changes  xcould result in severe interference medical telemetry equipment. The proposed rules are intended  xto allocate new frequency bands where medical telemetry equipment can operate on a primary basis without receiving interference.  X2 B.Legal Basis   The proposed action is authorized under Sections 4(i), 301, 302, 303(e), 303(f), 303(r),  x304 and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), 303(r), 304 and 307.  X*2Xx C.Description and Estimate of the Number of Small Entities To Which the Proposed  X2Rules Will Apply (#    @Under the RFA, small entities may include small organizations, small businesses, and  xsmall governmental jurisdictions. 5 U.S.C.  601(6). The RFA, 5 U.S.C.  601(3), generally  xbdefines the term "small business" as having the same meaning as the term "small business"!"B7,))ppX ,"  xconcern" under the Small Business Act, 15 U.S.C.  632. A small business concern is one  xwhich: (1) is independently owned and operated; (2) is not dominant in its field of operation; and  x.(3) satisfies any additional criteria established by the Small Business Administration ("SBA").  xThis standard also applies in determining whether an entity is a small business for purposes of the RFA.   2The Commission has not developed a definition of small entities applicable to RF  xEquipment Manufacturers. Therefore, the applicable definition of small entity is the definition  xunder the SBA rules applicable to manufacturers of "Radio and Television Broadcasting and  xCommunications Equipment." According to the SBA's regulation, an RF manufacturer must have  X 2 xt750 or fewer employees in order to qualify as a small business.8   {O (ԍSee 13 C.F.R.  121.201, Standard Industrial Classification (SIC) Code 3663. Census Bureau data indicates  xthat there are 858 companies in the United States that manufacture radio and television  xbroadcasting and communications equipment, and that 778 of these firms have fewer than 750  X 2 xemployees and would be classified as small entities.9 Z  {O(  RԍSee U.S. Department of Commerce, 1992 Census of Transportation, Communications and Utilities (issued may 1995), SIC category 3663. We believe that many of the companies that manufacture RF equipment may qualify as small entities.   &According to the SBA's regulations, nursing homes and hospitals must have annual gross  xreceipts of $5 million or less in order to qualify as a small business concern. 13 C.F.R.   xj121.201. There are approximately 11,471 nursing care firms in the nation, of which 7,953 have  X42 xannual gross receipts of $5 million or less.::X4  yO( xjԍ See Small Business Administration Tabulation File, SBA Size Standards Table 2C, January 23, 1996, SBA,  xxStandard Industrial Code (SIC) categories 8050 (Nursing and Personal Care Facilities) and 8060 (Hospitals). (SBA Tabulation File) : There are approximately 3,856 hospital firms in the  xnation, of which 294 have gross receipts of $5 million or less. Thus, the approximate number of small confined setting entities to which the Commission's new rules will apply is 8,247.  X2 D.Description of Projected Reporting, Recordkeeping, and Other Compliance  X2Requirements    "We are proposing that equipment operating in the new frequency bands be authorized  xthrough the Declaration of Conformity (DoC) procedure. DoC is a manufacturer's selfapproval  xprocedure, in which the manufacturer has the equipment tested at an accredited laboratory, and  xis then permitted to market the equipment without a Commission approval provided the  xequipment complies with the applicable technical requirements. The DoC procedure requires the manufacturer to supply a compliance statement with each product, and to retain test records. " #:,))pp,"Ԍ  |Parties operating the equipment will not be required to obtain an individual operator's  xDlicense from the Commission, but they will have to register with a frequency coordinator designated by the Commission. The information submitted to the frequency coordinator will be: (1) frequency range(s) used; Xw(2) modulation scheme used;(# Xw(3) effective radiated power;(#  Xw(4) number of transmitters in use at the health care facility as of the date of coordination;(# Xw(5) legal name of the authorized health care provider;(# Xw(6) location of transmitter (coordinates, street address, building);(# Xw(7) point of contact for the authorized health care provider (name, title, office).(#  X 2 E.Steps Taken to Minimize Significant Economic Impact on Small Entities, and  X 2Significant Alternatives Considered    We are proposing to allow equipment in this service to be "licensed by rule". This will  x8eliminate the expense and delays that would result if parties were required to obtain individual  xVoperators' licenses. We are also proposing that equipment in this service be authorized through  xtthe Declaration of Conformity procedure. This will eliminate the delays in getting equipment to  xmarket that would result if manufacturers were required to obtain certification through the Commission or a designated Telecommunication Certification Body.  X2 F.Federal Rules that May Duplicate, Overlap, or Conflict With the Proposed Rule: Đ None.