**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Parts 2 and 95 of )

the Commission\'s Rules to Create a ) ET Docket 99-255

Wireless Medical Telemetry Service )

)

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: July 14, 1999 Released: July 16, 1999**

**Comment Date:** 45 days from date of publication in the Federal
Register

**Reply Comment Date:** 75 days from date of publication in the Federal
Register

By the Commission:

**I. INTRODUCTION**

By this action, the Commission proposes to amend Parts 2 and 95 of the
rules to allocate spectrum and to establish rules for a Wireless Medical
Telemetry Service. This action is intended to allow potentially
life-critical medical telemetry equipment, which currently operates on a
secondary basis, unprotected from interference, to operate on a blanket
licensed, interference protected basis. We believe our action will
improve the reliability of this critical service.

**II. BACKGROUND**

Medical telemetry equipment is used in hospitals and health care
facilities to transmit patient measurement data to a nearby receiver,
permitting greater patient mobility and increased comfort. Examples of
medical telemetry equipment include heart, blood pressure and
respiration monitors. The use of these devices allows patients to move
around early in their recovery while still being monitored for adverse
symptoms. With such devices, one health care worker can monitor several
patients remotely, thus decreasing health care costs.

Currently, medical telemetry devices are allowed to operate under either
Part 15 or Part 90 of the Commission\'s rules. Part 15 of the rules
permits medical telemetry equipment to operate on an unlicensed basis on
TV channels 7-13 and 14-46 (174-216 MHz and 470-668 MHz).[^1] Part 90 of
the rules permits medical telemetry equipment to operate on a secondary
basis to land mobile users in the 450-470 MHz band.[^2]

The spectrum used by medical telemetry equipment on an unlicensed or
secondary basis under Parts 15 and 90 is increasingly being used more
intensively by existing primary or secondary services, thereby posing an
increased risk of interference to medical telemetry devices. In 1995,
the Commission adopted changes to Part 90 of the rules to allow more
efficient use of the spectrum for land mobile services. The *Report and
Order* in PR Docket 92-235 established a new channeling plan for private
land mobile radio (PLMR) services.[^3] This order decreased the channel
spacing for PLMR services in the 450-470 MHz band from 25.0 kHz to 6.25
kHz. The transition to the smaller channels is being made in two steps.
Land mobile equipment that operates in this band, which is certificated
by the Commission on or after February 14, 1997, must be capable of
operating on channels of 12.5 kHz or less. Land mobile equipment that
operates 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.

Medical telemetry equipment operating under Part 90 operates on a
secondary basis to PLMR services in the 450-470 MHz band on channels
offset 12.5 kHz from the center frequency of the current 25.0 kHz
channels (\"12.5 kHz offset channels\"). The maximum operating power for
this equipment is substantially less than that authorized for primary
users of the band.[^4] The channel separation and low-power operation
minimize the possibility of interference received from, or caused to,
primary users of the band. However, under the new channeling scheme,
high-power primary users of the band would be able to operate on
precisely the same frequencies used for medical telemetry equipment.
This could possibly result in interference to medical telemetry
equipment, which would cause it to be unusable at times. For this
reason, on August 11, 1995, the Commission placed a freeze on the filing
of applications for high power operation in the 450-470 MHz band on the
12.5 kHz offset channels.[^5] The freeze remains in effect pending the
development of a channel utilization plan that will protect low power
operation on the 12.5 kHz offset channels.[^6]

In addition to the above-mentioned Part 90 rule changes, there have been
other recent changes to the Commission\'s rules that could result in
harmful interference to medical telemetry equipment operating under Part
15. At the direction of Congress, the Commission has provided for the
introduction of digital television (DTV) stations in the TV broadcast
bands.[^7] In order to accomplish this, the Commission has provided each
local TV station with an additional channel that will be used to
broadcast DTV during the transition.[^8] This means that there will be
fewer vacant channels in every market, and that in some areas, channels
that were once unused for TV broadcasting may now be used for DTV.

To reduce the possibility of DTV causing interference to medical
telemetry equipment, the Commission adopted changes to Part 15 of the
rules in 1997 to increase the number of TV frequencies where medical
telemetry devices could operate on an unlicensed basis.[^9] These
changes allow operation on TV channels 14-46 in addition to channels
7-13, which were the only channels where medical telemetry equipment was
previously allowed to operate. The Commission also increased the maximum
allowable operating power for these devices to improve reliability.

The transition from analog to digital television is currently under way,
with the first stations commencing regular DTV broadcasting in November
1998. The Commission has created over 1600 allotments for DTV stations,
a large percentage of which are on TV channels 7-46, which are also used
for medical telemetry equipment operating under Part 15 of the
rules.[^10] All television stations are required to commence DTV
broadcasting no later than May 1, 2003.[^11] As existing stations begin
DTV operation on their new channels, some low-power television stations
currently operating on or adjacent to those channels may be forced to
switch frequency to avoid causing harmful interference to DTV, thereby
further crowding the spectrum used by medical telemetry equipment.[^12]

Concerns about possible interference to medical telemetry equipment by
DTV operations were recently heightened. In March 1998, a TV station in
Texas began test transmissions on a previously unused channel that had
been assigned to it for DTV operation. The transmissions caused severe
interference to the operation of medical telemetry equipment at a nearby
hospital, rendering the equipment temporarily unusable. The station
immediately ceased operation upon learning of the interference, and the
medical telemetry equipment was changed to operate on another frequency.
The Commission and the Food and Drug Administration have since taken
steps to help ensure that hospitals are notified before new DTV stations
come on the air to provide them with time to modify any medical
telemetry equipment that operates on the same frequency.[^13]

The American Hospital Association\'s (AHA) Medical Telemetry Task Force
recently submitted recommendations to the Commission for addressing the
potential critical safety risks to patients from harmful interference
caused to wireless medical telemetry equipment.[^14] The task force was
established in response to the incidence of interference to medical
telemetry equipment from a DTV station described above. Among the AHA
recommendations are that specific frequencies be allocated for a medical
telemetry service, and that the service be given primary status on those
frequencies.

**III. DISCUSSION**

Medical telemetry equipment is increasingly relied upon in hospitals to
improve health care and reduce costs. Patients that require the
monitoring and treatment capabilities that were formerly available only
in intensive care units can be moved to general nursing units. Patient
recovery is also improved because the general nursing unit offers a less
stressful environment. The number of patients with chronic medical
conditions is rising due to the growth in the elderly population. For
these reasons, the need for monitoring patients outside of intensive
care is rapidly increasing, and this need can be fulfilled with medical
telemetry equipment. As we noted above, it may be difficult for this
equipment to continue to operate in the bands used for DTV and the PLMR
services without receiving interference. Given the importance of this
equipment, we tentatively conclude that it is necessary to find
additional spectrum for medical telemetry equipment. We further
tentatively conclude that the spectrum should be allocated on a primary
basis to ensure that medical telemetry equipment is able to function
without interference from other sources. We seek comment on these
tentative conclusions.

[A. Spectrum Allocation]{.underline}

[1. Spectrum Requirements]{.underline}

The AHA performed a survey of 14 hospitals of various sizes in both
metropolitan and suburban/rural areas to determine the amount of
spectrum needed for medical telemetry equipment. The survey results
identify six categories of patient medical parameters that may be
measured, and indicate that up to 600 patients may need to be monitored
concurrently at a single facility. In order to calculate the required
spectrum, AHA assumed the transmitters would operate with a spectral
efficiency of 0.8 bits per second per Hertz, which is approximately the
same spectral efficiency the Commission requires in Part 90 of the
rules.[^15] AHA then calculated the required spectrum for each of the
six categories of parameters and determined that a total of 6.125 MHz is
required to meet current patient needs. The AHA survey also indicated
that the spectrum requirements for medical telemetry equipment would
likely double within ten years. Therefore, AHA believes that in the long
term, at least 12 MHz of spectrum is needed for medical telemetry
equipment.[^16] We invite comment on this analysis, including whether
the assumed spectral efficiency is reasonable, and whether more
spectrally efficient technologies could be employed to reduce the amount
of spectrum required.

[2. Frequency Bands]{.underline}

The AHA performed an analysis of the suitability of various frequency
bands, based on such factors as equipment costs, data reliability,
amount of spectrum in each band and equipment power consumption. Based
on its study, the AHA recommends that the following frequency bands be
used for the medical telemetry service:[^17]

608-614 MHz

1385-1390 MHz

1432-1435 MHz

We note that other parties have expressed an interest in operating in
portions of the 1300 MHz and 1400 MHz bands adjacent to the frequencies
recommended by AHA. For example the Land Mobile Communications Council
(LMCC) has filed a petition for rule making to allocate the 1390-1400
MHz and 1427-1432 MHz bands for private land mobile services under Part
90 of the rules.[^18] In addition, several licensees of low earth orbit
(\"Little Leo\"[^19]) satellite systems have been performing studies on
the feasibility of operating satellite feeder uplinks in the 1390-1393
MHz band and downlinks in the 1429-1432 MHz band in an effort to obtain
an international frequency allocation for this purpose.[^20] A
discussion of the frequency bands recommended by AHA and the adjacent
bands noted above follows. We request comment on the impact that a
frequency allocation for medical telemetry would have on other
prospective users of these bands.

[608-614 MHz]{.underline}. This band is allocated to the radio astronomy
service. The allocation coincides with TV channel 37.[^21] This channel
is not licensed for existing TV broadcast stations, new DTV allotments
or any other licensed service.[^22] Under Part 15 of the rules,
unlicensed medical telemetry equipment may operate in this band,
provided it does not cause interference to radio astronomy
operations.[^23] Operation in this band has several benefits for medical
telemetry equipment. The band has very low background noise, since it is
reserved for radio astronomy use. In addition, multiple component
vendors are available with off-the-shelf parts that could be used to
develop new devices for use in this band quickly. The AHA believes that
medical telemetry devices operating in this band will not experience
interference in the future. AHA does not envision any changes in the
technical requirements that already permit operation of medical
telemetry 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.

[1385-1390 MHz and 1432-1435 MHz]{.underline}. These are U.S. Government
bands that are being reallocated for non-government use pursuant to the
Balanced Budget Act of 1997 (Balanced Budget Act).[^24] The National
Telecommunications and Information Administration (NTIA) recently
expressed concerns to Commission staff about the proposed reallocation
of these bands to a service in which the Commission intended to assign
licenses without the use of competitive bidding.[^25] Specifically, NTIA
asserted that the Balanced Budget Act requires that these bands be made
available through competitive bidding and that Federal agencies required
to relocate from these bands are entitled to mandatory reimbursement for
their relocation costs under the Strom Thurmond National Defense
Authorization Act of 1998.[^26] Further, NTIA is concerned that high
power government radars that will continue to operate below 1385 MHz
could cause interference to medical telemetry equipment in the 1385-1390
MHz band.

NTIA noted the availability of spectrum in two adjacent bands being
reallocated to non-government use under the Omnibus Budget
Reconciliation Act of 1993 (OBRA 93).[^27] Specifically, the adjacent
bands are 1390-1400 MHz and 1427-1432 MHz, which have not yet been
allocated to any primary service under the Commission\'s rules and which
the Commission is not required to auction.[^28]

[1390-1400 MHz]{.underline}. According to the NTIA\'s 1995 *Spectrum
Reallocation Final Report*,[^29] this band is used by long-range air
defense radars, air traffic control facilities, military test range
telemetry links, tactical radio relays, and radio astronomy. NTIA
recommends that airborne and space-to-earth transmissions be prohibited
to protect radio astronomy operations in the 1350-1400 MHz band.[^30] In
order to ease the transition of government operations out of this band,
government operations will continue at 17 sites until the year
2009.[^31]

[1427-1432 MHz.]{.underline} The NTIA spectrum report states that this
band is used by military tactical radio relay communications and
military test range aeronautical telemetry and telecommand. NTIA
recommends that airborne or space-to-earth transmissions in this band be
avoided to protect radio astronomy operations in the adjacent 1400-1427
MHz band. In order to ease the transition of government operations out
of the 1427-1432 MHz band, essential military airborne operations will
continue at 14 sites until the year 2004.[^32] The 1427-1429 MHz band is
allocated on a primary basis for use by space operations, and the
1427-1432 MHz band is allocated on a secondary basis for use by fixed
and land mobile services.[^33]

[Discussion]{.underline}. As stated above, we tentatively conclude that
it is necessary to allocate spectrum where medical telemetry equipment
can operate on a primary basis. The 608-614 MHz band appears to be
suitable, because, other than radio astronomy, it is only used for
medical telemetry under Part 15 of the rules. Accordingly, we propose to
allocate this band to medical telemetry equipment on a co-primary basis
with radio astronomy. Under this proposal, operation in this band must
not cause interference to radio astronomy operations, and users will be
required to coordinate their operation with radio astronomy facilities.

While we make no finding regarding NTIA\'s assertion that the 1385-1390
and 1432-1435 MHz bands must be made available through auction, in order
to expedite this proceeding we propose to identify spectrum in the
1390-1400 MHz and 1427-1432 MHz bands for medical telemetry equipment.
The medical telemetry allocation would be primary to provide protection
from interference, but would be non-exclusive. If an international
allocation for Little Leo feeder links were made in the future, we could
initiate a proceeding to domestically allocate medical telemetry on a
co-primary basis with Little Leo feeder links, although medical
telemetry equipment would continue to receive protection from
interference. We have devised two possible options for a medical
telemetry frequency allocation, which are discussed below. We seek
comment on which option is more suitable, or whether any other
alternative frequencies would be more suitable.[^34]

[Option 1: 608-614 MHz / 1395-1400 MHz / 1429-1432 MHz]{.underline}. The
1395-1400 MHz band could be allocated for medical telemetry equipment as
an alternative to the 1385-1390 band recommended by AHA. Allocating this
band would provide the same amount of spectrum AHA requested in the
adjacent band, and would increase the frequency separation from
government radars operating below 1385 MHz, thereby reducing the risk of
interference to medical telemetry equipment. Also, the 1429-1432 MHz
band could be allocated as an alternative to the 1432-1435 MHz band
recommended by AHA. This would provide the same amount of spectrum as
requested by AHA in the adjacent band, and the frequency separation
between it and the 1395-1400 MHz band could make them more useful for
two-way communications. However, this option would use the 1429-1432 MHz
band that the Little Leo satellite operators are investigating for
satellite feeder downlinks, as well as parts of the frequency bands
requested by LMCC in their petition. Commenters should address the
sharing possibilities and criteria for sharing between Little LEOs and
medical telemetry under this option.

[Option 2: 608-614 MHz / 1391-1400 MHz]{.underline}. A single band at
1391-1400 MHz could be allocated to medical telemetry equipment as an
alternative to the upper two bands recommended by AHA. This would
provide an additional 1 MHz of spectrum for medical telemetry. The
larger contiguous band could provide a greater opportunity for broadband
transmissions, although it may be less useful for two-way communications
than two separate bands. This option would resolve the potential
conflict with satellite downlinks in the 1429-1432 MHz band, but would
result in 2 MHz of overlap between the proposed medical telemetry band
and a possible 1390-1393 MHz satellite feeder uplink band. This option
would also use parts of the frequency bands requested by LMCC in their
petition. Commenters should address the sharing possibilities and
criteria for sharing between Little LEOs and medical telemetry under
this option.

[B. Service Rules]{.underline}

In this section, we propose service rules for the new Wireless Medical
Telemetry Service (WMTS). These proposed service rules only apply to the
WMTS and not to the current medical telemetry operations under Parts 15
and 90. The proposed rules include licensing requirements and technical
standards for the equipment, as well as a frequency coordination
procedure. 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.

[Definition]{.underline}. In its report, AHA proposes the following
definition for medical telemetry:

Wireless medical telemetry is defined as the measurement and recording
of physiological parameters and other patient-related information via
radiated bi- or unidirectional electromagnetic signals.[^35]

Our intention is to create a Wireless Medical Telemetry Service (WMTS)
that will allow medical telemetry equipment to operate in hospitals and
medical facilities in much the same manner as the Part 15 and Part 90
rules allow, but without the potential for interference discussed
previously. Because the definition proposed by AHA appears to encompass
our intention in creating this service, we propose it as the definition
of the medical telemetry,[^36] and request comment.

[Licensing]{.underline}. Medical telemetry equipment operating under
Part 15 of the rules does not require an individual operator\'s license.
Similarly, medical telemetry equipment operating pursuant to Part 90
does not require an individual operator\'s license.[^37] AHA states
that, given the number and nature of devices that could be operated in a
new medical telemetry service and the number of separate licenses that
could co-exist in a given area, there is no basis for the administrative
burden of individual licenses. AHA suggests that equipment in the WMTS
could be \"licensed by rule\", such as is done in the Family Radio
Service.[^38] We tentatively concur in AHA\'s assessment that there is
no need to require individual operators licenses in the new WMTS.
Individual licensing is generally designed to give a licensee a
protected service area, and thus establishes rights among competing
entities in the same service. We do not envision that operators in the
WMTS will be in competition with each other as are parties in other
radio services. Under our proposal, the WMTS spectrum would be shared,
and there would be no mutual exclusivity between users. We therefore
propose that the WMTS exist as one of the Citizen\'s Band services
contained in Part 95 of the rules.[^39] The Commission has authority
under Section 307(e) of the Communications Act to license the Citizen\'s
Band services by rule and to define \"citizen\'s band radio service\" by
rule.[^40] We seek comment on our tentative conclusion.

[Eligibility]{.underline}. AHA proposes that only authorized health care
professionals be eligible to operate transmitters in the WMTS. For the
purpose of this service, an \"authorized health care professional\"
would be defined as 1) a physician or other individual authorized under
state or federal law to provide health care services; 2) a health care
facility operated by or employing individuals authorized under state or
federal law to provide health care services; or 3) any trained
technician under the supervision and control of an individual or health
care facility authorized under state or federal law to provide health
care services.[^41] AHA suggests that we define a \"health care
facility\" as a hospital or other establishment that offers services,
facilities and beds for use beyond 24 hours in rendering medical
treatment, 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. A health care facility would not include an
ambulance or other moving vehicle.[^42] We propose the eligibility
restrictions recommended by AHA to ensure that use of the allocated
spectrum is limited to medical telemetry equipment. However, for the
sake of clarity, we will change the term \"authorized health care
professional\" to \"authorized health care [provider]{.underline}\", and
change \"beyond 24 hours\" to \"beyond a 24 hour period\". We seek
comment on this proposed eligibility requirement, including whether it
should be expanded to cover in-home medical uses and how it can be
enforced without individual licensing.

[Frequency coordination]{.underline}. AHA notes that if the WMTS were
"licensed-by-rule", there would be no record of which frequencies are
used by each facility or device. This could result in interference if
multiple parties located close together attempt to use the same
frequencies. Accordingly, AHA recommends the appointment of a frequency
coordinator, who will maintain a database of all WMTS equipment in
operation. The database would be used by eligible users and
manufacturers to plan for specific frequency use within a geographic
area, especially where numerous WMTS operations may occur. Equipment
registered first in a geographic area would be entitled to protection
over later-registered equipment. We preliminarily agree that AHA\'s
proposal would assist WMTS users in avoiding interference. Accordingly,
we propose that all parties using equipment in the WMTS be required to
coordinate their operating frequency and other relevant technical
operating parameters with a coordinator designated by the
Commission.[^43] We seek comment on this proposal.

Specifically, we propose that the designated frequency coordinator would
have responsibility to maintain an accurate engineering database of all
WMTS transmitters, identified by location, operating frequency, emission
type and output power. The frequency coordinator, though, would not be a
decision maker as to which frequency should be used. The coordinator
would notify users of potential frequency conflicts. We expect that
there will be few conflicts between users of WMTS equipment due to its
low operating power, and that users will be able to resolve any
conflicts among themselves. The Commission would make the final
decision, as necessary, in disputes between users. We propose that a
single frequency coordinator be designated to handle all requests
nationwide. The coordinator must be familiar with the medical telemetry
user community, and must make its services available to all parties on a
first-come, first-served and non-discriminatory basis. The frequency
coordinator must be willing to serve a five year term, which could be
renewed by the Commission. In the event that a frequency coordinator did
not wish to continue at the end of its term, it would have to transfer
its database to another designated entity. The Wireless
Telecommunications Bureau would have delegated authority to select the
coordinator, and would announce this selection by public notice. We seek
comments on this proposal, including: 1) any other qualifications that a
frequency coordinator must have, 2) whether a single entity or multiple
entities should be designated as frequency coordinator(s), 3) how the
frequency records could be maintained with multiple coordinators, and,
4) whether we should limit the fees the frequency coordinator(s) can
charge. We also invite parties interested in becoming a frequency
coordinator for the WMTS to file a written statement describing their
qualifications.

The frequency coordinator would be required to maintain a database of
the operating parameters submitted to it by users of the WMTS. We
propose to require that the frequency coordinator 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.

AHA recommends that equipment registrations be effective for a term of
five years, and may be renewed for additional five year terms. Health
care providers would have to notify the frequency coordinator when a
device is permanently taken out of service, unless it is replaced with
one with the same technical characteristics. Health care providers would
also be expected to notify the frequency coordinator of any change in
location or other operating parameters. We propose to adopt these
requirements, except for the more burdensome requirement that equipment
registrations be renewed every five years. We seek comment on these
proposals, in particular, whether an expiration date for equipment
registration is necessary to ensure the database does not become
\"cluttered\" with entries for equipment that is no longer in service if
users fail to notify the coordinator of the cessation of operation. We
also seek comment on who should have access to the database.

[Permissible communications]{.underline}. AHA recommends that all types
of information flows should be permissible in the service, including
voice, data, video and telecommand, on both a unidirectional and
bidirectional basis. We are concerned, however, about AHA\'s
recommendation to allow voice and video transmissions in the WMTS.
Allowing voice transmissions could encourage equipment in this service
to be used as a form of wireless intercom, rather than for its intended
purpose of transmitting vital patient data. Further, video transmissions
could occupy a significant portion of the available spectrum for this
service. Accordingly, we propose that the WMTS 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.

[Technical Standards]{.underline}. AHA recommends that the Commission
adopt only minimal technical standards for WMTS equipment. AHA states
that this flexibility will encourage manufacturers to develop different
applications for medical telemetry. AHA does not believe that the lack
of standards will lead to inefficient uses of the band. On the contrary,
it believes that allowing the industry to move forward without
government standards will result in a high degree of innovation. We seek
comment on this general approach, and whether the Commission should
adopt more specific requirements for certain parameters (e.g. - spectral
efficiency.)

AHA generally does not recommend a specific channelization scheme for
these bands. However, it is concerned that the use of broadband
technologies, such as spread spectrum, could allow a single user to
monopolize a band, which could inhibit the ability of other health care
facilities within an area to utilize narrowband technologies. To
facilitate sharing of the spectrum, it recommends that broadband
equipment operating in the 608-614 MHz band be capable of operating
within one or more channels of 1.5 MHz each, up to a maximum of 6 MHz.
Such equipment would operate on the minimum number of channels
necessary, and must have the capability of being \"throttled back\" so
it will occupy as little as one 1.5 MHz channel, if necessary, to allow
multiple users to share that band. We are proposing these requirements,
which we believe will allow the WMTS spectrum to be used efficiently. We
seek comment on these proposals.

AHA recommends the following field strength limits for WMTS
transmitters.

+---------------+------------+------------+--------------+------------+
| Frequency     | Maximum    | M          | Measurement  | Detector   |
| band          | field      | easurement |              |            |
|               | strength   |            | bandwidth    | function   |
|               |            | distance   |              |            |
+---------------+------------+------------+--------------+------------+
| 608-614 MHz   | 370 mV/m   | 3 meters   | 120 +/- 20   | CISPR QP   |
|               |            |            | kHz          |            |
+---------------+------------+------------+--------------+------------+
| 1385-1390 MHz | 740 mV/m   | 3 meters   | 1 MHz        | Average    |
+---------------+------------+------------+--------------+------------+
| 1432-1435 MHz | 740 mV/m   | 3 meters   | 1 MHz        | Average    |
+---------------+------------+------------+--------------+------------+

We note that the proposed limit in the 608-614 MHz band is approximately
5 dB higher than the current Part 15 limit for equipment operating in
this band.[^44] AHA does not provide a justification as to why the limit
should be increased, and we are concerned that a higher limit could
result in interference to radio astronomy. Accordingly, we propose to
maintain the current Part 15 limit in the 608-614 MHz band. We propose
the higher limits recommended by AHA in the 1395-1400 MHz and 1429-1432
MHz bands (or in the alternatively proposed 1391-1400 MHz band) to
offset the increased propagation losses at those frequencies. We request
comment on the appropriateness of these proposed limits. Commenters who
suggest alternatives to the frequency bands proposed in this Notice
should address the issue of appropriate limits in those alternative
bands.

AHA recommends the following out-of-band emission limits for
transmitters in the WMTS.

+---------------+------------+------------+--------------+------------+
| Frequency     | Maximum    | M          | Measurement  | Detector   |
| band          | field      | easurement |              |            |
|               | strength   |            | bandwidth    | function   |
|               |            | distance   |              |            |
+---------------+------------+------------+--------------+------------+
| 608-614 MHz   | 200 μV/m   | 3 meters   | 120 +/- 20   | CISPR QP   |
|               |            |            | kHz          |            |
+---------------+------------+------------+--------------+------------+
| 1385-1390 MHz | 500 μV/m   | 3 meters   | 1 MHz        | Average    |
+---------------+------------+------------+--------------+------------+
| 1432-1435 MHz | 500 μV/m   | 3 meters   | 1 MHz        | Average    |
+---------------+------------+------------+--------------+------------+

These are the same as the current Part 15 limits for out-of-band
emissions from most intentional radiators, which we believe to be
effective at controlling interference.[^45] Accordingly, we are
proposing AHA\'s recommended limits for the 608-614 MHz band, and for
the 1395-1400 MHz and 1429-1432 MHz bands (or the alternatively proposed
1391-1400 MHz band). We request comment on the appropriateness of these
limits. Commenters who suggest alternatives to the frequency bands
proposed in this Notice should address the issue of appropriate limits
in those alternative bands.

[Protection of other existing services]{.underline}. As stated above,
the WMTS must not cause interference to radio astronomy operations,[^46]
and to certain "grandfathered" government operations. We therefore
propose rules requiring the coordination of WMTS operations in the
608-614 MHz band with radio astronomy operations, similar to the
requirements in Part 15.[^47] The proposed rules would also require that
operation in the 1395-1400 MHz and 1429-1432 MHz bands (or the
alternatively proposed 1391-1400 MHz band) must protect certain
government operations. Finally, parties using WMTS equipment would need
to be aware that the operation of transmitters in close proximity to
medical equipment could cause interference to the operation of the
medical equipment. The proposed rules would provide a warning to this
effect, similar to the warning found in the Part 15 rules for medical
telemetry equipment.[^48] Commenters who suggest alternatives to the
frequency bands proposed in this Notice should address the need to
protect other existing services.

[Equipment authorization requirement]{.underline}. AHA recommends that
WMTS transmitters be authorized through the Declaration of Conformity
(DoC) procedure in Part 2 of the rules.[^49] AHA also recommends that
the manufacturer be required to provide certain technical information to
the user in addition to the other information required as part of the
DoC process.[^50] DoC is a manufacturer\'s self-approval procedure where
the equipment is tested to ensure it complies with the Commission\'s
specified technical standards, and may then be marketed without an
approval by the Commission. We believe that DoC is an appropriate
authorization for WMTS equipment. The equipment is relatively low
powered, and will operate in a band reserved exclusively for medical
telemetry equipment, with the exception of a limited number of fixed
government operations. There is therefore less concern about the
equipment causing interference than would be the case if the band were
shared with other services. Accordingly, we propose that medical
telemetry equipment operating under the new WMTS be authorized through
the DoC procedure. We also propose that laboratories accredited to
perform DoC testing under Part 15 of the rules be permitted to perform
DoC testing for equipment in the new WMTS, since the measurement
procedures are essentially the same for both types of equipment.[^51]
However, we would decline to require manufacturers to provide users
certain technical information AHA recommends as part of the DoC
process.[^52] We believe manufacturers would already provide this
information as a routine matter, so a requirement on our part is
unnecessary. We seek comments on these proposals, and whether
certification would be appropriate due to the fact that new types of
equipment may be developed for this service.

[Transition Provisions]{.underline}. AHA believes that eventually all
medical telemetry equipment should be designed to operate in the new
frequency bands. AHA estimates it will take manufacturers approximately
three to four years to develop and market devices for these bands.
Therefore, they recommend that all equipment approved, beginning four
years after adoption of final rules, should be designed to operate in
the new frequency bands. AHA further recommends that equipment approved
prior to that date can continue to be manufactured, marketed and
operated indefinitely so that health care facilities are not forced to
replace devices that are still useful.

While our primary goal in this proceeding is to protect the operation of
medical telemetry equipment from harmful interference, we need to
balance that with the goal of allowing DTV and PLMR to grow and develop
without unnecessary delays. In that regard, we believe that four years
is a longer transition period than necessary for requiring new equipment
to operate in the new frequency bands. Equipment operating in the
608-614 MHz band is already available under the provisions of Part 15,
and AHA has indicated that equipment can be rapidly developed for the
other proposed bands. In order to encourage users to migrate out of the
DTV and PLMR bands as quickly as possible, we propose that, beginning
two years from the effective date of final rules in this proceeding, all
medical telemetry equipment authorized must operate in the new frequency
bands. Equipment that is already in operation in the DTV and PLMR bands
as of that date may continue to be operated, but at the users\' own
risk.[^53] We seek comment on these proposals, including whether we
should place a cutoff date on the manufacturing and importation of
equipment authorized under Parts 15 and 90.

AHA also is concerned that the Commission may lift the freeze on
high-power operation on the 12.5 kHz offset channels in the 450-470 MHz
band. It states that a five year transition period starting from the
adoption of rules allocating spectrum for medical telemetry equipment is
necessary to avoid disastrous consequences to existing users. AHA states
that a shorter transition time may be possible in parts of the band,
either by relocating existing users or identifying channels which are
not used by medical telemetry devices. We seek comment on AHA\'s 5-year
proposal, and on what steps may be taken to allow an earlier lifting of
the freeze in the 450-470 MHz band without causing interference to
medical telemetry equipment.

**PROCEDURAL MATTERS**

This is a permit-but-disclose notice and comment rule making proceeding.
*Ex parte* presentations are permitted, except during the Sunshine
Agenda period, provided they are disclosed as provided in the
Commission\'s rules. *See generally* 47 C.F.R. §§ 1.1200(a), 1.1203, and
1.1206(a).

[Initial Regulatory Flexibility Analysis]{.underline}. As required by
the Regulatory Flexibility Act, 5 U.S.C. § 603, the Commission has
prepared an Initial Regulatory Flexibility Analysis (IRFA) of the
expected impact on small entities of the proposals suggested in this
document. The IRFA is set forth in Appendix B. Written public comments
are requested on the IRFA. These comments must be filed in accordance
with the same filing deadlines as comments on the rest of the Notice,
but they must have a separate and distinct heading designating them as
responses to the IRFA. The Secretary will send a copy of this Notice of
Proposed Rule Making, including the IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration in accordance with Section
603(a) of the Regulatory Flexibility Act, 5 U.S.C. § 603(a).

[Comment Dates]{.underline}. Pursuant to Sections 1.415 and 1.419 of the
Commission\'s Rules, 47 C.F.R. Sections 1.415 and 1.419, interested
parties may file comment on or before **\[45 days from date of
publication in the Federal Register\]** and reply comments on or before
**\[75 days from date of publication in the Federal Register\]**.
Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies. *See Electronic Filing of
Documents in Rulemaking Proceedings*, 63 Fed. Reg. 24,121 (1998).

Comments filed through the ECFS can be sent as an electronic file via
the Internet at \<http://www.fcc.gov/e-file/ecfs.html\>. Generally, only
one copy of an electronic submission must be filed. If multiple docket
or rulemaking numbers appear in the caption of the proceeding, however,
commenters must transmit one electronic copy of the comments to each
docket or rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, Postal
Service mailing address, and the applicable docket or rulemaking number.
Parties may also submit an electronic comment by Internet e-mail. To get
filing instructions for e-mail comments, commenters should send an
e-mail to ecfs@fcc.gov, and should include the following words in the
body of the message, \"get form \<your e-mail address\>.\" A sample form
and directions will be sent in reply.

Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number. All
filings must be sent to the Commission\'s Secretary, Magalie Roman
Salas, Office of Secretary, Federal Communications Commission, The
Portals, 445 12th Street, SW, Room TW-A325, Washington, DC 20554.

Parties who choose to file by paper should also submit their comments on
diskette. These diskettes should be submitted to: Hugh L. Van Tuyl,
Office of Engineering and Technology, Federal Communications Commission,
The Portals, 445 Twelfth Street, SW, Room 7-A162, Washington, D.C.
20554. Such a submission should be on a 3.5 inch diskette formatted in
an IBM compatible format using WordPerfect 5.1 for Windows or compatible
software. The diskette should be accompanied by a cover letter and
should be submitted in \"read only\" mode. The diskette should be
clearly labelled with the commenter\'s name, proceeding (including the
lead docket number, in this case ET Docket No. 99-255, type of pleading
(comment or reply comment), date of submission, and the name of the
electronic file on the diskette. The label should also include the
following phrase \"Disk Copy - Not an Original\". Each diskette should
contain only on party\'s pleadings, preferably in a single electronic
file. In addition, commenters must send diskette copies to the
Commission\'s copy contractor, International Transcription Service,
Inc., 1231 20th Street, N.W., Washington, D.C. 20037.

Comments and reply comments will be available for public inspection
during regular business in the Reference Information Center (Room
CY‑A257) of the Federal Communications Commission, 445 12th Street, SW,
Washington, DC 20554. Copies of comments and reply comments are
available through the Commission\'s duplicating contractor,
International Transcription Service, Inc., 1231 20th Street, N.W.,
Washington, D.C. 20037, (202) 857-3800, TTY (202) 293-8810.

Alternative formats (computer diskette, large print, audio cassette and
Braille) are available to persons with disabilities by contacting Martha
Contee at (202) 418-0260, TTY (202) 418-2555, or at mcontee@fcc.gov.

IT IS ORDERED, that pursuant to Sections 4(i), 11, 301, 302, 303(e),
303(f), 303(r), 304, 307 and 332(b) of the Communications Act of 1934,
as amended, 47 U.S.C. Sections 154(i), 161, 301, 302, 303(e), 303(f),
303(r), 304, 307 and 332(b), this Notice of Proposed Rule Making is
hereby ADOPTED.

IT IS FURTHER ORDERED that the Commission\'s Office of Public Affairs,
Reference Operations 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.

For further information regarding this Notice of Proposed Rule Making,
contact Hugh L. Van Tuyl, (202) 418-7506, Office of Engineering and
Technology.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**Appendix A: Proposed Rules**

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:

**PART 2 \-- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS**

The authority citation for Part 2 continues to read as follows:

**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.**

Section 2.106, the Table of Frequency Allocations, is amended as
follows:

Remove the existing entries for 608-610 MHz, 608-614 MHz, 1350-1400 MHz,
and 1429-1525 MHz.

Add entries in numerical order for 608-610 MHz, 608-614 MHz, 1350-1395
MHz, 1395-1400 MHz, 1429-1432 MHz, 1432-1435 MHz, and 1435-1525 MHz.

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.

Revise the text of footnotes US246, G27, and G30.

Add footnotes USxxx, USyyy, and USzzz.

**§ 2.106 Table of Frequency Allocations**

\* \* \* \* \*

+----------+----------+----------+---------+----------+----------+----+
| Inter    |          |          | United  |          | FCC use  |    |
| national |          |          | States  |          | des      |    |
| table    |          |          | table   |          | ignators |    |
+----------+----------+----------+---------+----------+----------+----+
| Region 1 | Region 2 | Region 3 | Gov     | Non-Go   | Rule     | S  |
| \--      | \--      | \--      | ernment | vernment | part(s)  | pe |
| al       | al       | al       |         |          |          | ci |
| location | location | location |         |          |          | al |
| MHz      | MHz      | MHz      |         |          |          | -u |
|          |          |          |         |          |          | se |
|          |          |          |         |          |          | f  |
|          |          |          |         |          |          | re |
|          |          |          |         |          |          | qu |
|          |          |          |         |          |          | en |
|          |          |          |         |          |          | ci |
|          |          |          |         |          |          | es |
+----------+----------+----------+---------+----------+----------+----+
| \(1\)    | \(2\)    | \(3\)    | All     | Al       | \(6\)    | \  |
|          |          |          | ocation | location |          | (7 |
|          |          |          | MHz     | MHz      |          | \) |
|          |          |          |         |          |          |    |
|          |          |          | \(4\)   | \(5\)    |          |    |
+----------+----------+----------+---------+----------+----------+----+
| 608-610  | 608-610  | 608-610  | 608-610 | 608-610  | PERSONAL |    |
|          |          |          |         |          | (95)     |    |
| BROA     | RADIO    | FIXED    | LAND    | LAND     |          |    |
| DCASTING | A        |          | MOBILE  | MOBILE   |          |    |
|          | STRONOMY | MOBILE   | USxxx   | USxxx    |          |    |
| S5.149   |          |          |         |          |          |    |
| S5.296   | Mobile-s | BROA     | RADIO   | RADIO    |          |    |
| S5.300   | atellite | DCASTING | AS      | A        |          |    |
| S5.304   | except   |          | TRONOMY | STRONOMY |          |    |
| S5.306   |          | RADIONA  |         |          |          |    |
|          | aero     | VIGATION | US74    | US74     |          |    |
|          | nautical |          | US246   | US246    |          |    |
|          | mobile-  | S5.149   |         |          |          |    |
|          |          | S5.305   |         |          |          |    |
|          | s        | S5.306   |         |          |          |    |
|          | atellite |          |         |          |          |    |
|          | (E       | S5.307   |         |          |          |    |
|          | arth-to- |          |         |          |          |    |
|          |          |          |         |          |          |    |
|          | space)   |          |         |          |          |    |
+----------+----------+----------+---------+----------+----------+----+
| 610-614  | 610-614  | 610-614  | 610-614 | 610-614  | PERSONAL |    |
|          |          |          |         |          | (95)     |    |
| BROA     | RADIO    | FIXED    | LAND    | LAND     |          |    |
| DCASTING | A        |          | MOBILE  | MOBILE   |          |    |
|          | STRONOMY | MOBILE   | USxxx   | USxxx    |          |    |
| S5.149   |          |          |         |          |          |    |
| S5.296   | Mobile-s | BROA     | RADIO   | RADIO    |          |    |
| S5.300   | atellite | DCASTING | AS      | A        |          |    |
|          | except   |          | TRONOMY | STRONOMY |          |    |
| S5.304   |          | S5.149   |         |          |          |    |
| S5.306   | aero     | S5.305   | US74    | US74     |          |    |
|          | nautical | S5.306   | US246   | US246    |          |    |
|          | mobile-  |          |         |          |          |    |
|          |          | S5.307   |         |          |          |    |
|          | s        |          |         |          |          |    |
|          | atellite |          |         |          |          |    |
|          | (E       |          |         |          |          |    |
|          | arth-to- |          |         |          |          |    |
|          |          |          |         |          |          |    |
|          | space)   |          |         |          |          |    |
+----------+----------+----------+---------+----------+----------+----+
| \*       | \*       | \*       | \*      | \*       | \*       | \* |
+----------+----------+----------+---------+----------+----------+----+
| 1        | 1        | 1        | 13      | 1        |          |    |
| 350-1395 | 350-1395 | 350-1395 | 50-1395 | 350-1395 |          |    |
|          |          |          |         |          |          |    |
| FIXED    | RADIO    | RADIO    | FIXED   | S5.149   |          |    |
|          | LOCATION | LOCATION |         | S5.334   |          |    |
| MOBILE   |          |          | MOBILE  | S5.339   |          |    |
|          | S5.149   | S5.149   |         | US311    |          |    |
| RADIO    | S5.334   | S5.339   | RADIOL  |          |          |    |
| LOCATION | S5.339   |          | OCATION |          |          |    |
|          |          |          | G2      |          |          |    |
| S5.149   |          |          |         |          |          |    |
| S5.338   |          |          | S5.149  |          |          |    |
| S5.339   |          |          | S5.334  |          |          |    |
|          |          |          | S5.339  |          |          |    |
|          |          |          | US311   |          |          |    |
|          |          |          | G27     |          |          |    |
|          |          |          | G114    |          |          |    |
+----------+----------+----------+---------+----------+----------+----+
| 1        | 1        | 1        | 13      | 1        | PERSONAL |    |
| 395-1400 | 395-1400 | 395-1400 | 95-1400 | 395-1400 | (95)     |    |
|          |          |          |         |          |          |    |
| FIXED    | RADIO    | RADIO    | LAND    | LAND     |          |    |
|          | LOCATION | LOCATION | MOBILE  | MOBILE   |          |    |
| MOBILE   |          |          | USxxx   | USxxx    |          |    |
|          | S5.149   | S5.149   |         |          |          |    |
| RADIO    | S5.339   | S5.339   | S5.149  | S5.149   |          |    |
| LOCATION |          |          | S5.339  | S5.339   |          |    |
|          |          |          | US311   | US311    |          |    |
| S5.149   |          |          | USyyy   | USyyy    |          |    |
| S5.338   |          |          |         |          |          |    |
| S5.339   |          |          |         |          |          |    |
+----------+----------+----------+---------+----------+----------+----+
| \*       | \*       | \*       | \*      | \*       | \*       | \* |
+----------+----------+----------+---------+----------+----------+----+

+----------+----------+----------+---------+----------+----------+----+
| Inter    |          |          | United  |          | FCC use  |    |
| national |          |          | States  |          | des      |    |
| table    |          |          | table   |          | ignators |    |
+----------+----------+----------+---------+----------+----------+----+
| Region 1 | Region 2 | Region 3 | Gov     | Non-Go   | Rule     | S  |
| \--      | \--      | \--      | ernment | vernment | part(s)  | pe |
| al       | al       | al       |         |          |          | ci |
| location | location | location |         |          |          | al |
| MHz      | MHz      | MHz      |         |          |          | -u |
|          |          |          |         |          |          | se |
|          |          |          |         |          |          | f  |
|          |          |          |         |          |          | re |
|          |          |          |         |          |          | qu |
|          |          |          |         |          |          | en |
|          |          |          |         |          |          | ci |
|          |          |          |         |          |          | es |
+----------+----------+----------+---------+----------+----------+----+
| \(1\)    | \(2\)    | \(3\)    | All     | Al       | \(6\)    | \  |
|          |          |          | ocation | location |          | (7 |
|          |          |          | MHz     | MHz      |          | \) |
|          |          |          |         |          |          |    |
|          |          |          | \(4\)   | \(5\)    |          |    |
+----------+----------+----------+---------+----------+----------+----+
| 1        | 1        | 1        | 14      | 1        | PERSONAL |    |
| 429-1432 | 429-1432 | 429-1432 | 29-1432 | 429-1432 | (95)     |    |
|          |          |          |         |          |          |    |
| FIXED    | FIXED    | FIXED    | LAND    | LAND     | Private  |    |
|          |          |          | MOBILE  | MOBILE   | Land     |    |
| MOBILE   | MOBILE   | MOBILE   | USxxx   | USxxx    | Mobile   |    |
| except   | S5.343   | S5.343   |         |          | (90)     |    |
|          |          |          | S5.341  | S5.341   |          |    |
| aero     | S5.341   | S5.341   | USzzz   | USzzz    |          |    |
| nautical |          |          |         |          |          |    |
| mobile   |          |          |         |          |          |    |
|          |          |          |         |          |          |    |
| S5.341   |          |          |         |          |          |    |
| S5.342   |          |          |         |          |          |    |
+----------+----------+----------+---------+----------+----------+----+
| 1        | 1        | 1        | 14      | 1        | Private  |    |
| 432-1435 | 432-1435 | 432-1435 | 32-1435 | 432-1435 | Land     |    |
|          |          |          |         |          | Mobile   |    |
| FIXED    | FIXED    | FIXED    | FIXED   | Land     | (90)     |    |
|          |          |          |         | Mobile   |          |    |
| MOBILE   | MOBILE   | MOBILE   | MOBILE  |          |          |    |
| except   | S5.343   | S5.343   |         | (t       |          |    |
|          |          |          | S5.341  | elemetry |          |    |
| aero     | S5.341   | S5.341   | G30     | and      |          |    |
| nautical |          |          |         |          |          |    |
| mobile   |          |          |         | tele     |          |    |
|          |          |          |         | command) |          |    |
| S5.341   |          |          |         |          |          |    |
| S5.342   |          |          |         | Fixed    |          |    |
|          |          |          |         | (te      |          |    |
|          |          |          |         | lemetry) |          |    |
|          |          |          |         |          |          |    |
|          |          |          |         | S5.341   |          |    |
+----------+----------+----------+---------+----------+----------+----+
| 1        | 1        | 1        | 14      | 1        | AVIATION |    |
| 435-1525 | 435-1525 | 435-1525 | 35-1525 | 435-1525 | (87)     |    |
|          |          |          |         |          |          |    |
| FIXED    | FIXED    | FIXED    | MOBILE  | MOBILE   |          |    |
|          |          |          | (aeron  | (aero    |          |    |
| MOBILE   | MOBILE   | MOBILE   | autical | nautical |          |    |
| except   | S5.343   | S5.343   |         |          |          |    |
|          |          |          | tel     | te       |          |    |
| aero     | S5.341   | S5.341   | emetry) | lemetry) |          |    |
| nautical |          |          | US78    | US78     |          |    |
| mobile   |          |          |         |          |          |    |
|          |          |          | S5.341  | S5.341   |          |    |
| S5.341   |          |          |         |          |          |    |
| S5.342   |          |          |         |          |          |    |
+----------+----------+----------+---------+----------+----------+----+
| \*       | \*       | \*       | \*      | \*       | \*       | \* |
+----------+----------+----------+---------+----------+----------+----+

INTERNATIONAL FOOTNOTES

\* \* \* \* \*

S5.304 *Additional allocation:* in the African Broadcasting Area (see
Nos. S5.10 to S5.13), the band 606-614 MHz is also allocated to the
radio astronomy service on a primary basis.

S5.305 *Additional allocation:* in China, the band 606-614 MHz is also
allocated to the radio astronomy service on a primary basis.

S5.306 *Additional allocation:* in Region 1, except in the African
Broadcasting Area (see Nos. S5.10 to S5.13), and in Region 3, the band
608-614 MHz is also allocated to the radio astronomy service on a
secondary basis.

S5.307 *Additional allocation:* in India, the band 608-614 MHz is also
allocated to the radio astronomy service on a primary basis.

\* \* \* \* \*

S5.334 *Additional allocation:* in Canada and the United States, the
bands 1240-1300 MHz and 1350-1370 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 1350-1400 MHz.

S5.339 The bands 1370-1400 MHz, 2640-2655 MHz, 4950-4990 MHz and
15.20-15.35 GHz are also allocated to the space research (passive) and
earth exploration-satellite (passive) services on a secondary basis.

\* \* \* \* \*

S5.341 In the bands 1400-1727 MHz, 101-120 GHz and 197-220 GHz, passive
research is being conducted by some countries in a programme for the
search for intentional emissions of extraterrestrial origin.

S5.342 *Additional allocation:* in Belarus, Russia Federation and
Ukraine, the band 1429-1535 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 1452-1492 MHz is subject to agreement between
the administrations concerned.

S5.343 In Region 2, the use of the band 1435-1535 MHz by the
aeronautical mobile service for telemetry has priority over other uses
by the mobile service.

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US246 Except for medical telemetry equipment operating in the band
608-614 MHz, no stations shall be authorized to transmit in the
following bands: 608-614 MHz, 1400-1427 MHz, 1660.5-1668.4 MHz,
2690-2700 MHz, 4990-5000 MHz, 10.68-10.70 GHz, 15.35-15.40 GHz,
23.6-24.0 GHz, 31.3-31.8 GHz, 51.4-54.25 GHz, 58.2-59.0 GHz, 64-65 GHz,
86-92 GHz, 100-102 GHz, 105-116 GHz, 164-168 GHz, 182-185 GHz and
217-231 GHz. Medical telemetry equipment shall not cause harmful
interference to radio astronomy operations in the band 608-614 MHz and
shall be coordinated under the requirements found in 47 C.F.R. §
95.1119.

\* \* \* \* \*

USxxx In the 608-614 MHz, 1395-1400 MHz, and 1429-1432 MHz bands, the
land mobile service is limited to medical telemetry and telecommand
operations. Additionally, the 1429-1432 MHz band may be used on
secondary basis for non-Government land mobile telemetry and telecommand
and fixed telemetry.

USyyy The band 1395-1400 MHz was identified for reallocation, effective
January 1, 1999, for exclusive non-Government 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 non-interference basis
to authorized non-Government operations and shall not hinder
implementation of any non-Government 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.

  ------------------ ------------------ -------- -------------- ------------------ --------
  Sites              Lat/Long           Radius   Sites          Lat/Long           Radius

  Eglin AFB, FL      3028\'N/08631\'W   80 km    Ft. Greely, AK 6347\'N/14552\'W   80 km

  Dugway PG, UT      4011\'N/11253\'W   80       Ft. Rucker, AL 3113\'N/08549\'W   80

  China Lake, CA     3541\'N/11741\'W   80       Redstone, AL   3435\'N/08635\'W   80

  Ft. Huachuca, AZ   3133\'N/11018\'W   80       Utah Test      4057\'N/11305\'W   80
                                                 Range, UT                         

  Cherry Point, NC   3457\'N/07656\'W   80       WSM Range, NM  3210\'N/10621\'W   80

  Patuxent River, MD 3817\'N/07625\'W   80       Holloman AFB,  3329\'N/10650\'W   80
                                                 NM                                

  Aberdeen PG, MD    3929\'N/07608\'W   80       Yuma, AZ       3229\'N/11420\'W   80

  Wright-Patterson   3950\'N/08403\'W   80       Pacific        3407\'N/11930\'W   80
  AFB, OH                                        Missile Range,                    
                                                 CA                                

  Edwards AFB, CA    3454\'N/11753\'W   80                                         
  ------------------ ------------------ -------- -------------- ------------------ --------

USzzz The band 1429-1432 MHz was identified for reallocation, effective
January 1, 1999, for exclusive non-Government 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 non-interference basis
to authorized non-Government operations and shall not hinder the
implementation of any non-Government 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.

  -------------- ------------------ -------- -------------- ------------------ --------
  Sites          Lat/Long           Radius   Sites          Lat/Long           Radius

  Patuxent       3817\'N/07625\'W   70 km    Mountain Home  4301\'N/11550\'W   160
  River, MD                                  AFB, ID                           

  NAS Oceana, VA 3649\'N/07602\'W   100      NAS Fallon, NV 3924\'N/11843\'W   100

  MCAS Cherry    3454\'N/07652\'W   100      Nellis AFB, NV 3614\'N/11502\'W   100
  Point, NC                                                                    

  Beaufort MCAS, 3226\'N/08040\'W   160      NAS Lemore, CA 3618\'N/11947\'W   120
  SC                                                                           

  NAS Cecil      3013\'N/08152\'W   160      Yuma MCAS, AZ  3239\'N/11435\'W   160
  Field, FL                                                                    

  NAS Whidbey    4819\'N/12224\'W   70       China Lake, CA 3529\'N/11716\'W   80
  IS., WA                                                                      

  Yakima Firing  4640\'N/12015\'W   70       MCAS Twenty    3415\'N/11603\'W   80
  Ctr AAF, WA                                Nine Palms, CA                    
  -------------- ------------------ -------- -------------- ------------------ --------

GOVERNMENT (G) FOOTNOTES

\* \* \* \* \*

G27 In the bands 225-328.6, 335.4-399.9, and 1350-1395 MHz, the fixed
and mobile services are limited to the military services.

G30 In the bands 138-144, 148-149.9, 150.05-150.8, 1427-1429, and
1432-1435 MHz, the fixed and mobile services are limited primarily to
operations by the military services.

\* \* \* \* \*

**PART 15 \-- RADIO FREQUENCY DEVICES**

The authority citation for Part 15 continues to read as follows:

**AUTHORITY: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.**

Section 15.37 is amended by adding a new paragraph (h).

**§ 15.37 Transition provisions for compliance with the rules.**

\* \* \* \* \*

\(h\) 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.

**PART 90 \-- PRIVATE LAND MOBILE RADIO SERVICES**

The authority citation for Part 90 continues to read as follows:

**AUTHORITY: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless otherwise
noted.**

Section 90.203 is amended by revising paragraph (a)(1) as follows:

**§ 90.203 Certification required**

\(a\) \* \* \*

\(1\) 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)\* \* \*

\* \* \* \* \*

**PART 95 \-- PERSONAL RADIO SERVICES**

The authority citation for Part 95 continues to read as follows:

**AUTHORITY: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.
154, 303.**

Section 95.401 is amended by adding a new paragraph (d) as follows:

**§ 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.

Section 95.601 is amended by changing the last sentence to read as
follows:

**§ 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.

A new section 95.630 is added as follows:

**§ 95.630 WMTS transmitter frequencies**

WMTS transmitters may operate on the frequencies specified below.

**Option 1 Option 2**

**\[ 608-614 MHz \] \[ 608-614 MHz \]**

**\[ 1395-1400 MHz \]** or **\[ 1391-1400 MHz \]**

**\[ 1429-1432 MHz \]**

Section 95.631 is amended by adding a new paragraph (h)

**§ 95.631 Emission Types**

\* \* \* \* \*

\(h\) A WMTS station may transmit any emission type appropriate for
communications in this service, except for video and voice.

Section 95.639 is amended by adding a new paragraph (f) as follows:

**§ 95.639 Maximum transmitter power**

\* \* \* \* \*

\(f\) The maximum field strength authorized for WMTS stations in the
608-614 MHz band is 200 mV/m, measured at 3 meters. For stations in the
**\[1395-1400 MHz and 1429-1432 MHz\] or \[1391-1400 MHz\]** bands, the
maximum field strength is 740 mV/m, measured at 3 meters.

Section 95.649 is revised to read as follows:

**§ 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.

Section 95.651 is revised to read as follows:

**§ 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 26-27 MHz
frequency band, a FRS unit, a LPRS unit, or a WMTS unit.

A new Subpart H is added to read as follows:

**Subpart H \-- Wireless Medical Telemetry Service (WMTS)**

General Provisions

**§ 95.1101 Scope**

This part sets out the regulations for licensed Wireless Medical
Telemetry Devices operating in the 608-614 MHz**, \[1395-1400 MHz and
1429-1432 MHz\] or \[1391-1400 MHz\]** frequency bands.

**§ 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.

\(b\) 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 patient-related information via
radiated bi- or unidirectional electromagnetic signals in the
**\[608-614 MHz, 1395-1400 MHz, and 1429-1432 MHz\] or \[608-614 MHz and
1391-1400 MHz\]** frequency bands.

**§ 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.

**§ 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.

**§ 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:

Tested 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.

**§ 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:

\(1\) frequency range(s) used;

\(2\) modulation scheme used;

\(3\) effective radiated power;

\(4\) number of transmitters in use at the health care facility as of
the date 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 (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.

**§ 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.

**§ 95.1115 General technical requirements**

\(a\) Field strength limits

\(1\) In the 608-614 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 quasi-peak detector.

\(2\) In the **\[1395-1400 MHz and 1429-1432 MHz\] or \[1391-1400
MHz\]** 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 608-614 MHz band, out-of-band
emissions are limited to 200 μV/m, as measured at a distance of 3
meters, using measuring instrumentation with a CISPR quasi-peak
detector.

\(2\) For equipment operating in the **\[1395-1400 MHz and 1429-1432
MHz\] or \[1391-1400 MHz\]** bands, out-of-band emissions are limited to
500 μV/m as measured at a distance 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.

\(1\) In the **\[1395-1400 MHz and 1429-1432 MHz\] or \[1391-1400
MHz\]** 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.

\(2\) In the 608-614 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 co-primary 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 co-primary 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.

**§ 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.

**§ 95.1119 Specific requirements for wireless medical telemetry devices
operating in the 608-614 MHz band**

For a wireless medical telemetry device operating within the frequency
range 608-614 MHz and that will be located near the radio astronomy
observatories listed below, operation is not permitted until the
frequency coordinator specified in §95.1113 has coordinated with, and
obtain 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:

\(1\) National Astronomy and Ionosphere Center, Arecibo, Puerto Rico:
18^o^ 20\' 38.28\" North Latitude, 66^o^ 45\' 09.42\" West Longitude.

\(2\) National Radio Astronomy Observatory, Socorro, New Mexico: 34^o^
04\' 43\" North Latitude, 107^o^ 37\' 04\" West Longitude.

\(3\) National Radio Astronomy Observatory, Green Bank, West Virginia:
38^o^ 26\' 08\'\' North Latitude, 79^o^ 49\' 42\'\' West Longitude.

\(b\) Within 32 kilometers of the National Radio Astronomy Observatory
centered on:

  ----------------------------- ------------------- ---------------------
  Very Long Baseline Array      Latitude (North)    Longitude (West)
  Stations                                          

  Pie Town, NM                  34^o^ 18\'          108^o^ 07\'

  Kitt Peak, AZ                 31^o^ 57\'          111^o^ 37\'

  Los Alamos, NM                35^o^ 47\'          106^o^ 15\'

  Fort Davis, TX                30^o^ 38\'          103^o^ 57\'

  North Liberty, IA             41^o^ 46\'          91^o^ 34\'

  Brewster, WA                  48^o^ 08\'          119^o^ 41\'

  Owens Valley, CA              37^o^ 14\'          118^o^ 17\'

  Saint Croix, VI               17^o^ 46\'          64^o^ 35\'

  Mauna Kea, HI                 19^o^ 49\'          155^o^ 28\'

  Hancock, NH                   42^o^ 56\'          71^o^ 59\'
  ----------------------------- ------------------- ---------------------

The National Science Foundation point of contact for coordination is:
Spectrum Manager, Division of Astronomical Sciences, NSF Rm 1045, 4201
Wilson Blvd., Arlington, VA 22230, telephone: 703-306-1823.

**§ 95.1121 Specific requirements for wireless medical telemetry devices
operating in the \[1395-1400 MHz and 1429-1432 MHz\] or \[1391-1400
MHz\] bands.**

Due to the critical nature of communications transmitted under this
part, users shall determine whether there are any federal government
radar systems whose operations could affect, or could be affected by,
proposed wireless medical telemetry operations in the **\[1395-1400 MHz
and 1429-1432 MHz\] or \[1391-1400 MHz\]** bands. The locations of
government radar systems in these bands are specified in footnotes USyyy
and USzzz of § 2.106 of this chapter.

**§ 95.1123 Protection of medical equipment**

The 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.

**APPENDIX B**

**INITIAL REGULATORY FLEXIBILITY ANALYSIS**

As required by the Regulatory Flexibility Act (RFA),[^54] the Commission
has prepared this present Initial Regulatory Flexibility Analysis (IRFA)
of the possible significant economic impact on small entities by the
policies and rules proposed in this *NPRM*.[^55] Written public comments
are requested on this IRFA. Comments must be identified as responses to
the IRFA and must be filed by the deadlines for comments provided in
paragraph 45 of this *NPRM*. The Commission will send a copy of this
*NPRM*, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration. *See* 5 U.S.C. § 603(a). In addition, the
*NPRM* and IRFA (or summaries thereof) will be published in the Federal
Register. *See id.*

**A. Need for, and Objectives of, the Proposed Rules**

Medical telemetry equipment currently operates on an unlicensed basis on
certain unused TV channels under Part 15 of the rules, and on a
secondary basis to private land mobile services in the 450-470 MHz band
under Part 90 of the rules. With the transition to digital TV service,
both full power and low-power TV stations may begin operating on some of
the vacant channels used by medical telemetry equipment. In addition,
the new channelization scheme being implemented in the 450-470 MHz band
will allow high-power operation on the channels currently reserved for
low-power use where medical telemetry equipment operates. Both of these
changes could result in severe interference medical telemetry equipment.
The proposed rules are intended to allocate new frequency bands where
medical telemetry equipment can operate on a primary basis without
receiving interference.

**B. Legal Basis**

The proposed action is authorized under Sections 4(i), 301, 302, 303(e),
303(f), 303(r), 304 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.

**C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply**

Under the RFA, small entities may include small organizations, small
businesses, and small governmental jurisdictions. 5 U.S.C. § 601(6). The
RFA, 5 U.S.C. § 601(3), generally defines the term \"small business\" as
having the same meaning as the term \"small business concern\" under the
Small Business Act, 15 U.S.C. § 632. A small business concern is one
which: (1) is independently owned and operated; (2) is not dominant in
its field of operation; and (3) satisfies any additional criteria
established by the Small Business Administration (\"SBA\"). This
standard also applies in determining whether an entity is a small
business for purposes of the RFA.

The Commission has not developed a definition of small entities
applicable to RF Equipment Manufacturers. Therefore, the applicable
definition of small entity is the definition under the SBA rules
applicable to manufacturers of \"Radio and Television Broadcasting and
Communications Equipment.\" According to the SBA\'s regulation, an RF
manufacturer must have 750 or fewer employees in order to qualify as a
small business.[^56] Census Bureau data indicates that there are 858
companies in the United States that manufacture radio and television
broadcasting and communications equipment, and that 778 of these firms
have fewer than 750 employees and would be classified as small
entities.[^57] 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 receipts of \$5 million or less in order to qualify as
a small business concern. 13 C.F.R. § 121.201. There are approximately
11,471 nursing care firms in the nation, of which 7,953 have annual
gross receipts of \$5 million or less.[^58] There are approximately
3,856 hospital firms in the nation, 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.

**D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements**

We are proposing that equipment operating in the new frequency bands be
authorized through the Declaration of Conformity (DoC) procedure. DoC is
a manufacturer\'s self-approval procedure, in which the manufacturer has
the equipment tested at an accredited laboratory, and is then permitted
to market the equipment without a Commission approval provided the
equipment 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.

Parties operating the equipment will not be required to obtain an
individual operator\'s license 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;

\(2\) modulation scheme used;

\(3\) effective radiated power;

\(4\) number of transmitters in use at the health care facility as of
the date of coordination;

\(5\) 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 (name,
title, office).

**E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered**

We are proposing to allow equipment in this service to be \"licensed by
rule\". This will eliminate the expense and delays that would result if
parties were required to obtain individual operators\' licenses. We are
also proposing that equipment in this service be authorized through the
Declaration of Conformity procedure. This will eliminate the delays in
getting equipment to market that would result if manufacturers were
required to obtain certification through the Commission or a designated
Telecommunication Certification Body.

**F. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rule:**

None.

[^1]:     ^?^ *See* 47 C.F.R. § 15.242.

[^2]:     ^?^ *See* 47 C.F.R. §§ 90.238 and 90.267.

[^3]:     ^?^ Replacement of Part 90 by Part 88 to Revise the Private
    Land Mobile Radio Services and Modify the Policies Governing Them
    and Examination of Exclusivity and Frequency Assignment Policies of
    the Private Land Mobile Radio Services, PR Docket 92-235, *Report
    and Order and Further Notice of Proposed Rule Making*, 10 FCC Rcd
    10076 (1995).

[^4]:     ^?^ Medical telemetry equipment operating under Part 90 is
    generally limited to 20 mW. *See* 47 C.F.R. § 90.267(a)(5).

[^5]:     ^?^ *See Public Notice, \"Freeze on the Filing of High Power
    Applications for 12.5 kHz Offset Channels in the 450-470 MHz
    Band,\"* released August 11, 1995, 10 FCC Rcd 9995 (1995).

[^6]:     ^?^ On June 4, 1997, the Land Mobile Communications Council
    (LMCC), an umbrella organization that includes frequency
    coordinators for the PLMR services, submitted a proposed plan that
    would protect low power operation on the 12.5 kHz offset channels.
    The Commission has not approved the plan, so the freeze on high
    power applications remains in effect.

[^7]:     ^?^ Advanced Television Systems and Their Impact upon the
    Existing Television Broadcast Service, MM Docket 87-268, *Sixth
    Report and Order*, 12 FCC Rcd 14588 (1997).

[^8]:     ^?^ *Id,* 12 FCC Rcd at 14595.

[^9]:     ^?^ Amendment of Part 15 of the Commission\'s Rules to permit
    operation of biomedical telemetry devices on VHF TV channels 7‑13
    and on UHF TV channels 14‑46, ET Docket 95-177, *Report and Order*,
    12 FCC Rcd 17828 (1997).

[^10]:     ^?^ *See* 47 C.F.R. § 73.622.

[^11]:     ^?^ *See* 47 C.F.R. § 73.624(d). All network affiliated
    stations in the top ten television markets must commence DTV
    broadcasts by May 1, 1999. The deadline for all network affiliated
    stations not included in this category and in 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.

[^12]:     ^?^ Low power television stations under Part 74 of the rules
    operate on a secondary basis to full power television stations.
    *See* 47 C.F.R. § 74.701, *et. seq.*

[^13]:     ^?^ *See* *Joint Statement of the Federal Communications
    Commission and the Food and Drug Administration Regarding Avoidance
    of Interference Between Digital Television and Medical Telemetry
    Devices*, released March 25, 1998 and *Office Of Engineering And
    Technology Fact Sheet, Sharing of Analog and Digital Television
    Spectrum by 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.

[^14]:     ^?^ *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.

[^15]:     ^?^ *See* 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.

[^16]:     ^?^ *See* AHA report at 10.

[^17]:     ^?^ AHA also considered the following bands: 174-216 MHz,
    216-220 MHz, 328-335 MHz, 402-406 MHz, 450-470 MHz, 470-668 MHz,
    746-806 MHz, 902-908 MHz, 2385-2390 MHz, 2390-2400 MHz and 3650-3700
    MHz.

[^18]:     ^?^ *See* Land Mobile Communications Council Petition for
    Rule Making, dated April 22, 1998, RM-9267.

[^19]:     ^?^ \"Little Leo\" systems provide data-only Mobile Satellite
    Service via a constellation of non-geostationary orbit satellites
    operating below 1 GHz.

[^20]:     ^?^ *See* Public Notice, *The FCC\'s Advisory Committee for
    the 2000 World Radiocommunication Conference Proposes Additional
    Preliminary Views on WRC-2000 Issues*, dated August 5, 1998, DA
    98-1560. These bands also were considered at WRC-97, which decided
    to do further study on the use of these and other bands. The Little
    Leo industry has identified a need for an additional 10 MHz of
    spectrum to satisfy the current spectrum requirements of Non-Voice
    Non-Geostationary (NVNG) Mobile-Satellite Service (MSS) systems, and
    that these parties have been conducting sharing studies in the ITU
    working groups to achieve global allocations in bands near 1.4 GHz.
    Additionally, the Commission\'s WRC-2000 Advisory Committee has been
    working on the development of proposals for the WRC-2000. The
    proposals made in this Notice of Proposed Rule Making are not
    intended to compromise or foreclose any potential proposal or
    position of the Untied States at WRC-2000 regarding Little Leo
    feeder link allocations.

[^21]:     ^?^ *See* 47 C.F.R. § 73.603(a).

[^22]:     ^?^ *See* 47 C.F.R. § 2.106, note US246 and 47 C.F.R. §
    73.603(c).

[^23]:     ^?^ *See* 47 C.F.R. § 15.242(e).

[^24]:     ^?^ Pub. L. No. 105-33, Title III, 111 Stat. 251 (1997). The
    Balanced Budget Act required the Secretary of the Department of
    Commerce to prepare a report recommending 20 MHz of spectrum below 3
    GHz for reallocation for use by other than the Federal Government.
    The Balanced Budget Act further requires the Commission to prepare a
    plan to allocate and assign those frequencies in accordance with
    Section 309(j) of the Communications Act of 1934, as amended.

[^25]:     ^?^ *See* July 7, 1999 letter from William T. Hatch, Acting
    Associate Administrator of NTIA to Mr. Dale Hatfield, Chief, Office
    of Engineering and Technology. A copy of that letter has been
    inserted into the record in this proceeding.

[^26]:     ^?^ Pub. L. No. 105-261, § 1064, 112 Stat. 1920 (1998)
    (amending Section 113(g) of the National Telecommunications and
    Information Administration Organization Act, 47 U.S.C. § 923(g)).
    NTIA and the Office of Management and Budget have asserted the same
    view of the Balanced Budget Act requirements in an earlier
    proceeding before the Commission. *See Development of Operational,
    Technical and Spectrum Requirements for Meeting Federal, State and
    Local Public Safety Agency Communication Requirements through the
    Year 2010, Notice of Proposed Rulemaking*, WT Docket 96-86, Comments
    of NTIA at 13 (January 19, 1999); Reply Comments of 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).

[^27]:     ^?^ *See* Pub. L. No. 103-66, 107 Stat. 312 (1993).

[^28]:     ^?^ Section 6001(a)(3) of OBRA 93 required the Commission to
    hold a significant portion of spectrum transferred from the
    government in reserve. The 1390-1400 MHz and 1427-1432 MHz bands
    were identified as part of the reserve by the *FCC Plan for
    Reallocated Spectrum*, FCC 96-125, 11 FCC Rcd 17841 (1996). The
    issue of replenishment of any spectrum taken from the reserve will
    be addressed in a separate proceeding.

[^29]:     ^?^ *See* *Spectrum Reallocation Final Report*, dated
    February 1995, available from NTIA\'s internet site at
    http://www.ntia.doc.gov/osmhome/reports.html.

[^30]:     ^?^ Footnote US311 of the United States Table of Frequency
    Allocations, and International Radio Regulation 718 (new regulation
    S5.149), of the Radio Regulations of the International
    Telecommunication Union (ITU) states that administrations are urged
    to make every practicable effort to avoid the assignment of
    frequencies in certain bands that could cause interference to radio
    astronomy operations. The National Aeronautics and Space
    Administration also has passive earth observation satellites
    operating in this band following the allocation provided in Radio
    Regulation 720 (new regulation S5.339).

[^31]:     ^?^ *See* proposed United States Footnote USyyy, Appendix A
    at page 6.

[^32]:     ^?^ *See* proposed United States Footnote USzzz, Appendix A
    at page 7.

[^33]:     ^?^ *See* 47 C.F.R. § 2.106.

[^34]:     ^?^ We will coordinate the proposed frequency allocation with
    the appropriate Canadian authorities. Given the low-power nature of
    this equipment, we do not anticipate any interference issues in
    border areas.

[^35]:     ^?^ *See* AHA report, Appendix III at 2.

[^36]:     ^?^ *See* proposed Section 95.1103(c), Appendix A at page 11.

[^37]:     ^?^ The operator of medical telemetry equipment under Part 90
    must already hold another Part 90 license. *See* 47 C.F.R. §
    90.267(a)(5).

[^38]:     ^?^ Amendment of Part 95 of the Commission\'s Rules to
    Establish a Very Short Distance Two-way voice Radio Service, WT
    Docket No. 95-102, *Report and Order,* 11 FCC Rcd 12977 (1996).

[^39]:     ^?^ *See* 47 C.F.R. § 95.401 *et. seq.*

[^40]:     ^?^ *See* 47 U.S.C. § 307(e)(1) and (3).

[^41]:     ^?^ *See* AHA report, Appendix III at 2.

[^42]:     ^?^ *See* AHA report, Appendix III at 2.

[^43]:     ^?^ The Commission has authority under Section 332(b) of the
    Communications Act of 1934, 47 U.S.C. § 332(b), to utilize the
    assistance of advisory coordinating committees to coordinate
    frequency assignments for private mobile and fixed services.

[^44]:     ^?^ *See* 47 C.F.R. § 15.242.

[^45]:     ^?^ *See* 47 C.F.R. § 15.209.

[^46]:     ^?^ Footnote US311 to the United States Table of Frequency
    Allocations and International Radio Regulation 718 (new regulation
    S5.149) of the International Telecommunication Union state that
    administrations are urged to make every practicable effort to avoid
    the assignment of frequencies in certain bands that could cause
    interference to radio astronomy operations.

[^47]:     ^?^ *See* 47 C.F.R. § 15.242(e).

[^48]:     ^?^ *See* 47 C.F.R. § 15.242(h).

[^49]:     ^?^ *See* 47 C.F.R. § 2.1071, *et. seq.*

[^50]:     ^?^ *See* 47 C.F.R. § 2.1077.

[^51]:     ^?^ A laboratory testing equipment authorized under the DoC
    procedure must be accredited by an organization approved by the
    Commission. *See* 47 C.F.R. § 2.948(d). The limits we are proposing
    for WMTS equipment are expressed 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.

[^52]:     ^?^ AHA recommended requiring manufacturers to provide: 1)
    the transmitter operating frequencies, 2) the modulation scheme
    used, 3) the field strength or effective radiated power of the
    device, and 4) the name and address of the designated frequency
    coordinator.

[^53]:     ^?^ In the Refarming proceeding, the Commission is
    considering whether it is possible that some low-powered medical
    telemetry devices would be allowed co-primary status in the PLMR
    bands. *See* *Replacement of Part 90 by Part 88 to Revise the
    Private Land Mobile Radio Services (Report and Order and Further
    Notice of Proposed Rule Making)*, 10 FCC Rcd 10076 (1995).

[^54]:     ^?^ *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 *et.
    seq.*, has been amended by the Contract With America Advancement Act
    of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II
    of the CWAAA is the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA).

[^55]:     ^?^ Amendment of Parts 2 and 95 of the Commission\'s Rules to
    Permit Operation of Medical Telemetry Equipment in the 608-614 MHz,
    1385-1390 MHz and 1432-1435 MHz Bands on a Primary Basis

[^56]:     ^?^ *See* 13 C.F.R. § 121.201, Standard Industrial
    Classification (SIC) Code 3663.

[^57]:     ^?^ *See* U.S. Department of Commerce, 1992 Census of
    Transportation, Communications and Utilities (issued may 1995), SIC
    category 3663.

[^58]:     ^?^ [See]{.underline} Small Business Administration
    Tabulation File, SBA Size Standards Table 2C, January 23, 1996, SBA,
    Standard Industrial Code (SIC) categories 8050 (Nursing and Personal
    Care Facilities) and 8060 (Hospitals). (SBA Tabulation File)