**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 ) PR Docket 92-235

)

REPORT AND ORDER

**(proceeding terminated)**

**Adopted: June 8, 2000 Released: June 12, 2000**

By the Commission:

> **I. INTRODUCTION**

1.  By this action, the Commission establishes a new Wireless Medical
    Telemetry Service (WMTS) which will enhance the ability of health
    care providers to offer high quality and cost-effective care to
    patients with acute and chronic health care needs. This action
    addresses consumer concerns that medical telemetry devices are
    increasingly at risk of harmful interference due to more extensive
    use of spectrum resources by other applications. The Commission
    allocates 14 Megahertz (MHz) to WMTS on a primary basis, which will
    allow potentially life-critical medical telemetry equipment to
    operate on an interference-protected basis. The Commission also
    adopts service rules for WMTS that "license by rule" to minimize
    regulatory procedures to facilitate rapid deployment. Medical
    telemetry equipment is used in hospitals and health care facilities
    to transmit patient measurement data, such as pulse and respiration
    rates to a nearby receiver, permitting greater patient mobility and
    increased comfort. As this service permits remote monitoring of
    several patients simultaneously it could also potentially decrease
    health care costs. The Commission\'s action will improve the
    reliability of this vital service.

**II. BACKGROUND**

2.  Previously, medical telemetry devices were only allowed to operate
    under either Part 15 or Part 90 of the Commission\'s rules. Part 15
    of the rules permitted medical telemetry equipment to operate on an
    unlicensed basis on vacant Television (TV) channels 7-13 and 14-46
    (174-216 MHz and 470-668 MHz).[^1] Part 90 of the rules permitted
    medical telemetry equipment to operate on a secondary[^2] basis to
    land mobile users in the 450-470 MHz band.[^3] Medical telemetry has
    no protection from interference from the primary users of these
    bands.

3.  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 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 for more efficient use of the spectrum by land mobile
    services. These changes established a new channeling plan for
    private land mobile radio (PLMR) services in the 450-470 MHz band by
    decreasing the channel spacing from 25.0 kHz to 6.25 kHz.[^4] Under
    the new channeling scheme, high-power primary users of the band
    would be able to operate on the low power "offset" channels used by
    medical telemetry equipment.[^5] This could result in interference
    to medical telemetry equipment, possibly causing it to be unusable
    at times. For this reason, the Commission placed a freeze on the
    filing of applications for high power operation in the 450-470 MHz
    band on the offset channels in 1995, which remains in effect pending
    the development of a plan to protect low power operations in this
    band.[^6]

4.  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 6 MHz 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 analog DTV.

5.  The transition from analog to digital television is currently under
    way, with the first stations commencing DTV broadcasting in
    November 1998. The Commission has created over 1,600 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.[^9] All television stations are required to
    commence DTV broadcasting no later than May 1, 2003.[^10] 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 frequencies to avoid causing
    harmful interference to DTV, further crowding the spectrum used by
    medical telemetry equipment.[^11]

6.  Concerns about possible interference to medical telemetry equipment
    by DTV operations were heightened in March 1998 when 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 (FDA) 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.[^12]

7.  In the *Notice of Proposed Rule Making* in this proceeding, we
    proposed to allocate spectrum where medical telemetry equipment
    could operate on a primary basis.[^13] We also proposed to establish
    a new Wireless Medical Telemetry Service (WMTS) under Part 95 of the
    rules. The Commission's proposal was based on recommendations
    provided by the American Hospital Association\'s (AHA) Medical
    Telemetry Task Force, which was established in coordination with the
    FDA, in response to the incidence of interference to medical
    telemetry equipment from a DTV station described above. A total of
    33 parties filed comments in response to the *Notice*, and 9 parties
    filed reply comments. The vast majority of comments supported the
    Commission's proposal to establish a WMTS, and a number of parties
    provided recommendations to improve the proposals in the *Notice.*

**III. DISCUSSION**

A. [Spectrum Allocation]{.underline}

[1. Spectrum Requirements]{.underline}

8.  The *Notice* proposed to allocate 14 MHz of spectrum to the WMTS.
    This proposal was based on an AHA survey of hospitals of various
    sizes in both metropolitan and suburban/rural areas to determine the
    amount of spectrum needed for medical telemetry equipment. In order
    to calculate the amount of spectrum required, AHA assumed six
    categories of patient medical parameters that would be measured and
    that the transmitters could operate with a spectral efficiency of
    0.8 bits per second per Hertz (bps/Hz), which is approximately the
    same spectral efficiency the Commission requires in Part 90 of the
    rules.[^14] AHA determined that a total of 6.125 MHz is required to
    meet current patient needs and that the spectrum requirements for
    medical telemetry equipment would likely double within ten years,
    resulting in a requirement of at least 12 MHz of spectrum for
    medical telemetry equipment.[^15]

9.  CDRH, IIT and Brian Porras agreed with the AHA recommendation for
    the amount of spectrum required.[^16] IIT stated that the
    methodology used by AHA to estimate current and future spectrum
    needs is sound, and Brian Porras stated that 12 MHz of spectrum is
    necessary because spectrum needs will increase dramatically in the
    future.[^17] Spacelabs believes that the assumed spectral efficiency
    of 0.8 bps/Hz is not currently achievable, but could be in about two
    years, while Zymed believes that a 0.4 bps/Hz spectral efficiency is
    more reasonable.[^18] Datex-Ohmeda and Mortara both believe that
    more spectrum will be required. Datex-Ohmeda states that 30 MHz will
    be needed for a hospital with 200 monitored patients.[^19] Mortara
    states that 12 lead electrocardiograms (ECGs) require significantly
    greater bandwidth than 6 MHz, and that the proposed amount of
    spectrum is based on the technology of the last 20 years and will
    not be adequate for the next 20 years.[^20] However, Final Analysis
    and PCIA both disagree with allocating 12 MHz of spectrum for
    medical telemetry. Final Analysis claims that 12 MHz was based on a
    survey biased to give inflated results, then doubled to estimate
    future growth.[^21] PCIA questions the need for 12 MHz of spectrum,
    stating that there has been an inadequate demonstration of a need
    sufficient to warrant double the amount of spectrum allegedly
    required today at the largest institutions.[^22] ACCE disagrees with
    Final Analysis that the proposed 14 MHz allocation is wasteful and
    unwarranted, stating that the AHA survey of hospitals documented the
    need in a reasonable and methodical manner.[^23]

10. The AHA study cited a need for 6 MHz now and at least 12 MHz in the
    near future of interference-free spectrum to satisfy the nation's
    needs for safe and reliable wireless medical telemetry
    capabilities.[^24] We find this estimate is reasonable. As the
    Department of Health and Human Services notes, it is likely that the
    use of medical telemetry will become more widespread, driven by the
    need to reduce medical care costs and by increasing advances in
    medical technology. Medical telemetry devices can reduce health care
    costs by helping to speed the patient recovery time and reduce the
    duration of hospital stays. Advances in medical technology will
    allow monitoring of an increasing number of patient parameters,
    which will increase spectrum requirements. We also note that demand
    is likely to be influenced by the growing population of elderly
    people in the United States. We do not concur with Final Analysis,
    which states that the AHA survey is based on inflated spectrum
    requirements, which were then doubled to estimate future growth. Nor
    do we agree with PCIA, which questions the need for 12 MHz and notes
    that this amount is over double the amount of spectrum currently
    required by the largest institutions. As noted by the American
    College of Clinical Engineering, the AHA results were based on a
    study of more than a half dozen clinical organizations and fourteen
    geographically dispersed hospitals of various sizes. We do believe,
    however, that the estimate of Datex-Ohmeda that 30 MHz of spectrum
    will be required for 200 patients appears excessive, because 150 kHz
    channels for data transmission should not be required if efficient
    modulation techniques are employed. Hence, we accept assertions of
    the medical community that the number of parameters being monitored
    using medical telemetry will increase in the future and support the
    AHA findings on spectrum requirements.

11. We are making available 14 MHz of spectrum in three blocks located
    at 608-614 MHz, 1395-1400 MHz, and 1429-1432 MHz for wireless
    medical telemetry. In making available 14 MHz of spectrum, we note
    that these bands each have significant constraints, such that the
    entire allocation is unlikely to be available in any individual
    market. The 608-614 MHz band is constrained as a result of radio
    astronomy quiet zones, including some sites in large markets, and
    interference from adjacent TV channels.[^25] The remaining 8 MHz
    that we are allocating is constrained by adjacent band interference
    from high power radars located below 1390 MHz and grandfathered
    protected Federal sites.[^26] However, this allocation ensures that
    at least 6 MHz is available for WMTS in all locations, consistent
    with the AHA needs assessment, with at least some additional
    spectrum available to accommodate long term needs. We note that this
    is in fact significantly less than the amount of spectrum that is
    currently available to medical telemetry on an unprotected
    basis.[^27] However, we find that the benefits of a primary
    allocation dedicated to this service compensates for the reduced
    availability of spectrum. We wish to underscore that we do not
    anticipate any further allocations for medical telemetry devices and
    expect manufacturers and the health care community to ensure that
    this spectrum is used efficiently to meet long term needs. We also
    wish to note that this medical telemetry allocation is an exception
    to the approach we have been taking toward more flexible allocations
    that are not service specific. A specific allocation is necessary in
    this case to protect the public safety by providing spectrum where
    medical telemetry equipment can operate without interference.
    Further, it will resolve conflicts that have delayed the land mobile
    refarming and that are affecting the deployment of DTV.

[2. Frequency Bands]{.underline}

12. The *Notice* proposed the following two options for frequency bands
    to be allocated to the WMTS:

**[Option 1]{.underline}** **[Option 2]{.underline}**

608-614 MHz 608-614 MHz

1395-1400 MHz 1391-1400 MHz

1429-1432 MHz

13. The 608-614 MHz band corresponds to TV channel 37, which is not used
    for TV stations and is currently reserved for radio astronomy. It is
    available for medical telemetry under Part 15 of the rules on an
    unlicensed basis.[^28] The other proposed bands are former
    government bands that were reallocated for non-government use under
    the Omnibus Budget Reconciliation Act of 1993.[^29] Government
    operations in those bands may continue at certain sites around the
    country for a number of years.[^30]

14. Two different options were proposed because other parties had
    expressed an interest in operating in portions of the 1300 MHz and
    1400 MHz bands. 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.[^31] Itron, Inc. filed a
    petition for rule making on February 29, 2000 requesting that the
    Commission allocate the 1427-1432 MHz band for utility telemetry on
    a primary basis.[^32] In addition, several licensees of low earth
    orbit (\"Little Leo\"[^33]) 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 as
    part of an effort to obtain an international frequency allocation
    for this purpose.[^34]

15. AHA, Brian Porras, MedStar, Spacelabs and Vitalcom support frequency
    option 1 because the split upper bands will facilitate two-way
    communications.[^35] AHA does not believe it is possible to share
    the 1429-1432 MHz band with Little Leo satellite systems, and it
    recommends allocating this band for medical telemetry even though it
    would preclude its use for Little Leo feeder downlinks.[^36] AHA
    states there is no guarantee that the band would ever be allocated
    internationally for Little Leos, so the Commission should allocate
    it for medical telemetry, which has a current substantiated
    need.[^37] CDRH is concerned that co-primary status for Little Leos
    and WMTS could result in interference to medical telemetry.[^38] IIT
    Research believes that WMTS is unlikely to cause interference to
    Little Leos, but Little Leos could cause interference to WMTS.[^39]
    MedStar suggests that the Commission find an alternative to the
    1429-1432 MHz band because sharing with Little Leo downlinks is
    unlikely.[^40] NTIA supports proposed frequency Option 1 since it
    provides increased spectrum flexibility over the bands proposed in
    Option 2.[^41] The National Academies support Option 1 because is
    will have less impact on sensitive radio astronomy operations.[^42]

16. ORBCOMM prefers frequency Option 2 (608-614/1391-1400 MHz) because
    there would be only 2 MHz of overlap with the prospective Little Leo
    uplink frequencies and no overlap with the prospective downlink
    frequencies.[^43] It believes that sharing between Little Leos and
    medical telemetry is possible in both the prospective uplink and
    downlink bands. ORBCOMM assumes that medical telemetry equipment
    will be used indoors, so it will not receive interference on the
    downlink frequencies, and the uplinks can be located in remote areas
    to minimize the possibility of interference to medical
    telemetry.[^44] IIT states that there is no inherent technical
    advantage to WMTS from either of the frequency options proposed by
    the Commission. It believes that WMTS is unlikely to cause
    interference to Little Leos, but Little Leo operations could cause
    interference to medical telemetry.[^45]

17. Itron opposes allocating the 1429-1432 MHz band for medical
    telemetry, stating that the *Notice* does not consider the impact on
    their meter reading systems in the 1427-1432 MHz band, and that
    medical telemetry equipment in the band could jeopardize continued
    operation of meter-reading services.[^46] It notes that the comments
    in this proceeding do not resolve the question of whether medical
    telemetry equipment can share the 1429-1432 MHz band with meter
    reading equipment, and it urges the Commission not to allocate that
    band for medical telemetry, or at least explore interference issues
    thoroughly.[^47] Final Analysis opposes both proposed options for
    medical telemetry frequency bands. It states that the Commission
    should consider other alternatives for satisfying the needs of the
    WMTS without harming Little Leos, and that neither option is
    suitable due to the difficulties in sharing spectrum between Little
    Leos and medical telemetry. Final Analysis further states that the
    Commission may not remove spectrum from the reserve[^48] unless or
    until a determination has been made that it can be replenished. It
    also contends that the Commission could allocate frequencies in the
    bands 1385-1390 MHz and 1432-1435 MHz without the need for auction,
    or alternatively the Commission could allocate frequencies in the
    bands 1394-1400 MHz or 1427-1429 MHz.[^49]

18. We conclude that it is necessary to allocate spectrum where medical
    telemetry equipment can operate on a primary basis. Based on the
    record, we also conclude that WMTS's planned use is best
    accommodated by making three blocks of spectrum in the 608-614 MHz,
    1395-1400 MHz, and 1429-1432 MHz bands as discussed below.[^50]

19. [608-614 MHz]{.underline}. We find the 608-614 MHz band to be
    suitable for WMTS because, other than radio astronomy, it is only
    used for medical telemetry under Part 15 of the rules. We also note
    that no commenters opposed the use of this band. Accordingly, we
    allocate this band to medical telemetry equipment on a co-primary
    basis with radio astronomy. Operation of medical telemetry equipment
    in this band must not cause interference to sensitive radio
    astronomy operations, and users will be required to coordinate their
    operation with radio astronomy facilities.[^51] We note that medical
    telemetry service providers operating on 608‑614 MHz (television
    channel 37) currently must accept adjacent channel interference from
    broadcast television stations operating on channels 36 and 38. With
    this allocation, we are not requiring television broadcasters to
    protect WMTS from adjacent band interference. We believe that the
    multi‑band approach that we are adopting provides sufficient
    flexibility to WMTS. WMTS providers can operate on one of the other
    bands that we are making available in situations where a hospital is
    in close proximity to a television station operating on channels 36
    or 38. Furthermore, WMTS providers can design equipment to provide
    sufficient protection from adjacent channel interference as is
    current practice.

20. [1395-1400 MHz and 1429-1432 MHz]{.underline}. In addition to the
    608-614 MHz band, we are allocating the 1395-1400 MHz and 1429-1432
    MHz bands for medical telemetry. Allocating the 1395-1400 MHz band
    instead of the alternative band we proposed will result in a 4 MHz
    greater frequency separation between medical telemetry and
    government radars operating below 1385 MHz, thereby reducing the
    risk of interference to medical telemetry equipment. We find that
    the frequency separation between the 1395-1400 MHz and the 1429-1432
    MHz bands will give greater flexibility for medical telemetry by
    making the bands more useful for two-way communications than a
    single contiguous band at 1391-1400 MHz.

21. We understand that Little Leo operators seek more spectrum for
    feeder links and have expressed interest in the 1429-1432 MHz band.
    The Little Leo industry is currently conducting studies on the
    feasibility of additional feeder links in this band.[^52] We note
    that a domestic allocation for Little Leo feeder links would be of
    little value without an international allocation due to the
    international nature of this service. We recognize that the recently
    completed World Radiocommunications Conference adopted a resolution
    calling for tests and demonstrations to validate sharing between
    Little Leos' feederlinks and existing and planned services in the
    1390-1393 MHz and 1429-1432 MHz bands.[^53] We also recognize that
    allocating the 1429-1432 MHz band for medical telemetry may limit
    possible use of the this band in the United States by Little Leos
    due to likely sharing constraints. As medical telemetry has an
    immediate need for new spectrum, we conclude that 1429-1432 MHz
    should be made available for WMTS at this time and this allocation
    should be considered in forthcoming sharing feasibility analyses.
    The other bands recommended by Final Analysis for medical telemetry
    are simply not suitable. The 1385-1390 MHz band has been reallocated
    back to government use,[^54] the 1427-1429 MHz band is already
    heavily used for utility telemetry equipment and we have not yet
    determined whether sharing between medical telemetry and utility
    telemetry is possible. Further, NTIA notes that the 1432-1435 MHz
    band was transferred to the Commission for assignment to new
    services by competitive bidding pursuant to the Balanced Budget Act
    of 1997.[^55] We disagree with Final Analysis' contention that
    spectrum placed in the reserve can not be removed until a
    replacement has been designated. The Omnibus Budget Reconciliation
    Act of 1993 which directed the Commission to establish a spectrum
    reserve does not specify a specific amount that must be held in
    reserve, and it states that the Commission is not precluded from
    making changes to the spectrum use plan it develops.[^56] The
    Commission previously noted that it would be open to petitions to
    use the 1390-1400 MHz and 1427-1432 MHz bands prior to the date when
    allocation of the remaining spectrum in the reserve begins.[^57]

22. As stated above, both LMCC and Itron have filed petitions for rule
    making to allocate the 1429-1432 MHz band for other purposes.[^58]
    We find that medical telemetry has an immediate need for new
    spectrum, and that this band is suitable for medical telemetry. This
    action does not foreclose LMCC or Itron from obtaining new spectrum
    allocations. As we stated in our November 1999 *Policy Statement*,
    the bands 1390-1395 MHz, 1427-1429 MHz and 1432-1435 MHz could be
    used for land mobile services.[^59] In addition, the band 1427-1429
    MHz could be used for utility telemetry, and it may be possible to
    share the 1429-1432 MHz band between utility telemetry and medical
    telemetry.[^60] Accordingly, we will consider the LMCC and Itron
    petitions in separate proceedings.

B. [Service Rules]{.underline}

23. In this section, we adopt service rules for the new Wireless Medical
    Telemetry Service (WMTS). These service rules only apply to the WMTS
    that will operate at 608-614 MHz, 1395-1400 MHz, and 1429-1432 MHz,
    and not to the current medical telemetry operations permitted under
    Parts 15 and 90. The rules include licensing requirements and
    technical standards for the equipment, as well as a frequency
    coordination procedure.

24. [Definition]{.underline}. In the *Notice*, we proposed 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.[^61]

25. Final Analysis states that the definition of medical telemetry
    should exclude video and voice transmissions, and that medical
    telemetry should be limited to uni-directional transmissions on a
    primary basis, with bi-directional transmissions having secondary
    status.[^62] AHA disagrees that bi-directional transmissions should
    be secondary, stating that bi-directional transmissions are already
    used for telecommand, power control and retransmission functions by
    medical telemetry equipment operating in the ISM bands under Part
    15.[^63] Allowing bi-directional functions will promote the most
    efficient and cost-effective use of the new WMTS spectrum and
    advance the development of higher quality WMTS systems.[^64]

26. We agree that allowing bi-directional transmissions could promote
    the development of more advanced medical telemetry equipment and
    encourage more efficient use of the spectrum. The split frequency
    allocation we are adopting in this item was selected in part to
    facilitate two-way communications. Accordingly, we are adopting a
    definition of medical telemetry that will allow bi-directional
    transmissions. We find it unnecessary to exclude voice and video
    transmissions in the definition for medical telemetry. The issue of
    the types of communications that will be permitted in the WMTS is
    discussed below.

27. [Licensing]{.underline}. There were no comments opposing our
    proposal that WMTS equipment be \"licensed by rule\", rather than
    requiring individual operators' licenses. Individual licensing is
    generally designed to give a licensee a protected service area, and
    thus establishes rights among competing entities in the same
    service. Operators in the WMTS will not be in competition with each
    other as are parties in other radio services. The WMTS spectrum will
    be shared among medical telemetry users, and there will be no mutual
    exclusivity between users. In addition, "licensing by rule" will
    minimize regulatory procedures and thus facilitate deployment. We
    are therefore adopting our proposal that the WMTS exist as one of
    the Citizen\'s Band services contained in Part 95 of the rules and
    that the equipment used in this service be "licensed by rule".[^65]
    The Commission has authority under Section 307(e) of the
    Communications Act to define the citizen\'s band radio services and
    to license them by rule.[^66]

28. [Eligibility]{.underline}. We proposed that only authorized health
    care providers be eligible to operate transmitters in the WMTS. For
    the purpose of this service, an \"authorized health care provider\"
    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.[^67] We proposed to define a
    \"health care provider facility\" as a hospital or other
    establishment that offers services, facilities and beds for use
    beyond a 24 hour period 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 such as
    Veterans Administration Hospitals. Health care facilities on tribal
    lands would also be included under our proposed definition. A health
    care facility would not include an ambulance or other moving
    vehicle, and this definition would also not allow home use of WMTS
    equipment.[^68] We are adopting these eligibility definitions as
    proposed.

29. Final Analysis believes that the definition of a health care
    facility should be limited to facilities accredited under state or
    federal law to more clearly identify the limits on medical
    telemetry.[^69] AHA disagrees with Final Analysis, stating that not
    only do some hospitals operate without accreditation, but
    accreditation is provided by private parties and not under state or
    federal law.[^70] We find that this proposed change to the
    definition of health care facility would be unreasonably
    restrictive, and we are not adopting it.

30. OAT disagrees with our proposed prohibition on using equipment in an
    ambulance or other moving vehicle, because paramedics are or will be
    important users of telemetry and other wireless technology. OAT
    believes the FCC should expand the eligibility definition of medical
    telemetry to cover home uses because home medical care may become
    one of the fastest growing segments of the health care industry in
    the future.[^71] Spacelabs and Zymed also believe the eligibility
    requirements for WMTS should be extended to allow home use. Zymed
    believes that home use of WMTS should be permitted since there is a
    trend toward home health care, and Spacelabs states that home care
    telemetry monitoring will be technically feasible and practical in
    the near future.[^72] ACCE believes that the Commission should allow
    for expansion of WMTS to the home due to the rate of increase of
    patient needs for home health care and the expanding applications of
    WMTS technology.[^73] However, Vitalcom opposes the in-home use of
    WMTS at this time due to the fact it would complicate the frequency
    coordination process.[^74] AHA states that in-home uses of WMTS
    equipment are likely to be transient, both in terms of geographic
    location and duration and it is concerned that the frequency
    coordinator will not be able to ensure its database will not become
    unreasonably cluttered from transient uses that soon become
    inactive.[^75] AHA recommends that until health care providers,
    equipment manufacturers and the frequency coordinator gain
    experience in the frequency coordination process, the Commission
    should review the use of equipment in the WMTS bands for in-home
    uses on a case-by-case basis. MedStar recommends a prohibition
    against home use of WMTS, although it believes the Commission should
    be willing to grant waivers on a case-by-case basis.[^76] AHA, CDRH
    and Vitalcom all believe that the Commission should express a
    willingness to revisit this issue in a future proceeding.[^77]

31. Although many commenters support including mobile or in-home use of
    medical telemetry equipment under WMTS, the record does not clearly
    demonstrate that such uses can easily be accommodated. It would be
    difficult to ensure that the frequency of the WMTS equipment used on
    an ambulance would not conflict with the frequencies used at all the
    various hospitals and health care facilities in a given area, which
    could possibly result in interference. The temporary use of WMTS at
    many dispersed locations would make it difficult to coordinate their
    operating frequencies. We concur with AHA that home use may
    complicate coordination and that experience is required prior to
    allowing unrestricted home use. Accordingly, we decline to allow the
    use of the WMTS at home or in moving vehicles at this time, although
    we may revisit the issue of home use at a future date. While we will
    not rule out waivers to allow home use of WMTS, we believe that a
    hard look at such requests would be necessary due to interference
    concerns.

32. [Frequency coordination]{.underline}. The comments supported our
    proposal to designate a frequency coordinator to maintain a database
    of all WMTS equipment identified by location, operating frequency,
    emission type and output power. NTIA notes that a frequency
    coordinator would facilitate band sharing between hospitals and the
    remaining government operations at protected sites.[^78]
    Accordingly, we are adopting the proposal to designate a frequency
    coordinator to maintain a database of WMTS equipment. Without a
    database, there would be no record of WMTS usage because WMTS
    transmitters will not be individually licensed. The database will
    provide a record of the frequencies used by each facility or device
    to assist parties in selecting frequencies to avoid interference.
    The database will be used by eligible users and manufacturers to
    plan for specific frequency use within a geographic area, especially
    where numerous WMTS operations may occur.

33. The frequency coordinator will not be a decision maker as to which
    frequency should be used. Rather, the coordinator will notify users
    of potential frequency conflicts, and users should be able to
    resolve any conflicts among themselves. We expect that there will be
    few conflicts between users of WMTS equipment due to its low
    operating power, but the Commission will make the final decision on
    a case-by-case basis in disputes between users, if necessary. 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 does not wish to continue at the end of its term, it
    will have to transfer its database to another designated entity.

34. The *Notice* asked for comments on the following questions about the
    frequency coordinator: 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.

35. Final Analysis, IIT and IAFC/IMSA all believe that a single
    frequency coordinator should be designated.[^79] IIT stated that
    there is no advantage and many disadvantages to partitioning the
    database among multiple coordinators.[^80] IAFC/IMSA does not
    believe Commission should limit fees charged by coordinator, stating
    that it would be difficult for the Commission to determine the
    appropriate fee and that it has not been necessary to impose fee
    limits on coordinators for other services operating under our Part
    90 rules.[^81] IIT believes that costs should be recouped on a
    "cost-plus-fixed-fee" basis, and that cost ceilings could be
    set.[^82]

36. Several entities expressed an interest in being a frequency
    coordinator for WMTS.[^83] Further, in the past the Commission has
    tried, where appropriate, to introduce market forces into the
    frequency coordination process.[^84] Therefore, rather than adopt a
    Commission rule restricting database management of WMTS spectrum to
    a single coordinator, we will leave the ultimate decision on the
    number of coordinators up to the Commission\'s Wireless
    Telecommunications Bureau (WTB). WTB already has delegated authority
    to select frequency coordinators in the services it
    administers.[^85] WTB will announce its coordination selection
    procedures in a Public Notice in the near future. We have not found
    it necessary to set limits on the fees charged by coordinators in
    other services, and we have no reason to believe that fee limits
    will be necessary in the WMTS. Accordingly, we will allow the
    designated coordinator to set the fee structure as necessary to
    recoup costs.

37. The *Notice* proposed that certain information be submitted to the
    frequency coordinator for inclusion on the database, including:

> 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.

38. CDRH believes that the database should also include the makes and
    model numbers of equipment, and the fax numbers and e-mail addresses
    of the users.[^86] IIT believes the database should also have fields
    for assigned frequencies, occupied bandwidth, manufacturer and model
    number, and equipment susceptibility.[^87] IAFC/IMSA generally
    agrees with the information to be collected, but it is concerned
    that disclosure of the name of the health care provider and point of
    contact could be misused for commercial purposes and that it raises
    issues of the privacy of patient information.[^88]

39. We find that including the equipment manufacturer and model number
    in the database could be useful for helping the frequency
    coordinator and users in determining the interference potential of
    WMTS equipment.[^89] This information could also assist the
    Commission or the FDA in locating certain devices in the event a
    question of compliance with the rules arose. Accordingly, we will
    specify that the equipment manufacturer and model number be
    submitted to the frequency coordinator for inclusion on the
    database. Much of the other information recommended by CDRH and IIT
    (fax numbers, e-mail addresses, assigned frequencies and occupied
    bandwidth) simply represents a more detailed description of the
    information we proposed. We agree with these recommendations and are
    including them in the final rules. We recognize that including the
    name of the health care provider and point of contact in the
    database could possibly make that information available to
    commercial entities. However, we find that this information is
    necessary to allow the coordinator and parties using the WMTS to
    contact other users to verify information and resolve potential
    conflicts. Thus, we will require the name of the health care
    provider and a point of contact to be included on the database.
    Including this information should not raise issues of privacy of
    patient information, because the database will not contain the
    patient names or other patient identification information. However,
    we disagree with the suggestion of IIT to include information about
    equipment susceptibility. IIT did not specify exactly what type of
    information should be included, and in any case the Commission does
    not have clear authority to establish standards for the
    susceptibility of medical telemetry equipment.[^90]

40. We proposed that equipment registrations be effective until the
    health care provider requests their cancellation, and that access to
    the database be made available to all parties.[^91] We proposed that
    health care providers would have to notify the frequency coordinator
    when a system is permanently taken out of service, unless it is
    replaced with one with the same technical characteristics.[^92] We
    also proposed that health care providers notify the frequency
    coordinator of a change in the location of equipment to another
    facility or changes to other operating parameters of equipment.[^93]

41. AHA, MedStar and Vitalcom believe that equipment registrations
    should remain in the database until affirmatively removed, and that
    the database should be open to all parties.[^94] However, Brian
    Porras, IIT and IAFC/IMSA believe that there should be an expiration
    date on database entries, which could prevent the database from
    becoming "cluttered" with out-of-date entries.[^95] IIT recommends a
    ten year renewal period, and IAFC/IMSA recommends a five year
    renewal period, with the coordinator notifying users of the
    expiration of their registrations before deleting entries.[^96] CDRH
    believes that the information on the database should be restricted
    to government agencies and those parties with needs for it that are
    related to health care.[^97]

42. We find that requiring periodic equipment registration renewals from
    health care providers to be an unnecessary burden. Most hospitals
    would find it difficult to remember to renew their registrations
    after five years have passed, and requiring coordinators to send out
    periodic renewal notices and process renewal applications could
    significantly increase their workload. However, we will not preclude
    coordinators from verifying the continued use of registered
    equipment on an "as needed" basis, such as when the database shows a
    conflict between a registered user and a new user. Accordingly, we
    are adopting our proposal that equipment registrations will remain
    valid until the health care provider requests cancellation.
    Restricting access to the database to certain parties would be
    difficult and burdensome for the coordinator because the coordinator
    would have to verify that each and every party accessing the
    database has a need for the information that is related to health
    care. Such restrictions could make it difficult for parties with
    legitimate needs for information to view the database. We therefore
    find that the database should be open to all parties.

43. [Permissible communications]{.underline}. We proposed that the WMTS
    could be used for all types of communications, except for voice or
    video transmissions.[^98] We proposed to exclude these types of
    transmissions because we were concerned that video could occupy a
    significant portion of the spectrum allocated to the WMTS, and that
    allowing voice transmissions could encourage the equipment to be
    used as a form of wireless intercom.

44. AHA, MedStar and Vitalcom generally agreed with prohibiting voice
    and video transmissions in the WMTS bands, provided this prohibition
    does not include waveform information.[^99] AHA believes that the
    Commission should be willing to revisit this issue at a later date,
    and MedStar believes that the Commission should consider allowing
    voice transmissions upon a special showing that such transmissions
    are consistent with the intended purpose of transmitting vital
    patient data.[^100] Brian Porras disagreed with prohibiting voice
    and video transmissions and stated that there are other systems far
    more suitable for use as a wireless intercom.[^101] CDRH, OAT and
    Zymed all believe that the Commission should allow voice and video
    transmissions.[^102] CDRH states that the ability to send audio or
    medical images could augment the capabilities of the WMTS.[^103]

45. We find that the transmission of waveform information such as
    electrocardiograms (ECGs) is within the intended purpose of the
    WMTS, which is to transmit vital patient data. Accordingly, we will
    permit the transmission of waveform information in the WMTS.
    However, allowing the general purpose use of video in the WMTS could
    potentially result in video occupying a large portion of the
    available spectrum. This is a greater concern initially because
    portions of the WMTS spectrum will be unavailable for a number of
    years in parts of the country due to grandfathered government
    operations. We are not persuaded that there is currently a need for
    voice capabilities in telemetry equipment, and we reiterate our
    concern that allowing such capabilities could encourage use of the
    equipment for other than its intended purpose of transmitting
    patient data. Accordingly, we will prohibit voice and video
    transmissions in the WMTS at this time, but we may revisit the issue
    at a later date after government operations cease in the WMTS bands.

46. [Technical Standards]{.underline}. We proposed only minimal
    technical standards for WMTS equipment to give manufacturers the
    flexibility to develop different applications for medical telemetry.
    We did not propose a specific channelization scheme for the
    1395-1400 MHz and 1429-1432 MHz bands. However, to prevent users
    from monopolizing the 608-614 MHz band, we proposed that equipment
    using broadband technologies, such as spread spectrum, be capable of
    operating on channels of 1.5 MHz each, up to a maximum of 6
    MHz.[^104] 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.
    There were no objections to the proposed requirement on maximum
    channel usage in the 608-614 MHz band, so we are adopting this
    requirement which will allow the WMTS spectrum to be used more
    efficiently. We believe that stringent spectrum efficiency standards
    are unnecessary due to the highly competitive nature of the
    manufacturing industry for wireless biomedical telemetry equipment.
    Regulatory flexibility will encourage competitive manufacturers to
    innovate and to use more efficient technologies to meet future
    medical health care demands. We do not contemplate allocating
    additional spectrum for the WMTS. It is therefore incumbent on
    manufacturers and WMTS users to be spectrum efficient in the design
    and use of WMTS equipment.

47. We proposed the following field strength limits for transmitters in
    the WMTS.[^105]

+---------------+------------+------------+--------------+------------+
| Frequency     | Maximum    | M          | Measurement  | Detector   |
| band          | field      | easurement |              |            |
|               | strength   |            | Bandwidth    | Function   |
|               |            | Distance   |              |            |
+---------------+------------+------------+--------------+------------+
| 608-614 MHz   | 200 mV/m   | 3 meters   | 120 +/- 20   | CISPR QP   |
|               |            |            | kHz          |            |
+---------------+------------+------------+--------------+------------+
| 1395-1400 MHz | 740 mV/m   | 3 meters   | 1 MHz        | Average    |
+---------------+------------+------------+--------------+------------+
| 1429-1432 MHz | 740 mV/m   | 3 meters   | 1 MHz        | Average    |
+---------------+------------+------------+--------------+------------+

48. The limit we proposed in the 608-614 MHz band was lower than the
    limit proposed by AHA in their report.[^106] AHA, Datascope, IIT,
    Martha McDonough, Vitalcom and Zymed all requested that the
    Commission adopt the higher limit proposed by AHA.[^107] AHA stated
    that the higher limit is necessary to allow WMTS equipment to
    overcome the noise levels typically found in hospitals.[^108]
    Datascope, Martha McDonough and Vitalcom stated that higher limits
    can help reduce the cost and complexity of medical telemetry
    systems, and IIT stated higher limits would improve the systems'
    reliability.[^109] However, HP believes that the limit we proposed
    is sufficient to address the severe noise and fading found in
    hospitals, and that the losses due to fading can be addressed more
    effectively through system design and antenna placement than through
    increased transmitter power.[^110] The National Academies and NTIA
    supported our proposed limit because it will protect radio astronomy
    operations from interference.[^111]

49. The current field strength limit in the 608-614 MHz band was
    developed after consultations between the Commission, NTIA and radio
    astronomy interests. The limit was selected to allow a reasonable
    operating level for medical telemetry equipment while still
    protecting radio astronomy operations from interference. We
    recognize that there could be certain benefits to medical telemetry
    users with a higher limit in this band, but as HP notes, the current
    limit is adequate with proper system design. In the interest of
    protecting radio astronomy operations, we will apply a limit of 200
    mV/m measured at 3 meters to medical telemetry equipment in the
    608-614 MHz band. There were no objections to the proposed limits in
    the 1395-1400 MHz and 1429-1432 MHz bands, and we are adopting them
    as proposed.

50. We proposed the same out-of-band field strength limits for
    transmitters in the WMTS bands that are used for most intentional
    radiators under Part 15 of the rules. [^112] We have found those
    limits to be effective at controlling interference. There were no
    objections to applying the Part 15 out-of-band emission limits to
    WMTS equipment, and we are adopting them.

51. [Protection of other existing services]{.underline}. The WMTS must
    not cause interference to radio astronomy operations, and to certain
    grandfathered government operations. We are therefore adopting rules
    requiring the coordination of WMTS operations in the 608-614 MHz
    band with radio astronomy operations, which are the same as the
    coordination requirements currently found in Part 15.[^113] The
    rules also require operators in the 1395-1400 MHz and 1429-1432 MHz
    bands to protect certain government operations. Finally, parties
    using WMTS equipment should be aware that the operation of
    transmitters in close proximity to medical equipment could cause
    interference to the operation of the medical equipment. The rules
    provide a warning to this effect, which is the same warning found in
    Part 15.[^114]

52. [RF Safety]{.underline}. We do not currently require the routine
    evaluation of medical telemetry equipment for compliance with the
    radiofrequency (RF) radiation safety guidelines in our rules due to
    the low power of the equipment.[^115] The *Notice* did not propose
    to require RF safety measurements for WMTS equipment because such
    equipment would also operate at relatively low power levels.
    However, PCTEST stated in its comments that WMTS equipment operating
    under the proposed technical parameters could exceed the RF safety
    guidelines.[^116] It therefore recommends that the Commission
    require measurements of the specific absorption rate (SAR) of RF
    energy by the body from WMTS equipment. AHA disagrees with PCTEST
    stating that the Commission already excludes other devices from RF
    exposure measurements that have similar power and operating
    frequencies to WMTS. Further WMTS devices will have to be approved
    by the FDA, which evaluates the safety and effectiveness of all
    medical devices.[^117]

53. Our rules for RF safety classify equipment into two categories: 1)
    mobile devices, which normally operate with at least a 20 centimeter
    separation from the radiating element to the body of the user or a
    nearby person[^118], and 2) portable devices, which normally operate
    with less than a 20 centimeter separation from the radiating element
    to the body of the user.[^119] Based upon our analysis, we agree
    with PCTEST that portable WMTS equipment could possibly exceed the
    RF safety guidelines in our rules. Accordingly, we will require
    routine environmental evaluation for RF exposure of portable WMTS
    equipment prior to equipment authorization or use. We expect that
    the majority of WMTS equipment will be classified as "portable"
    because medical telemetry transmitters are typically worn on the
    body. However, we realize that there may be some applications where
    the transmitter is separated from the body by more than 20
    centimeters, such as a unit mounted on a bed or incorporated within
    a separate device. Consistent with the RF safety requirements for
    other services, mobile WMTS equipment will be categorically excluded
    from routine environmental evaluation because WMTS equipment
    complying with the technical requirements we are adopting will
    operate with an effective radiated power (ERP) of less than 1.5
    watts, which is the threshold for the exclusion of equipment
    operating below 1.5 GHz.[^120]

54. [Equipment authorization requirement]{.underline}. The *Notice*
    proposed authorizing WMTS transmitters through the Declaration of
    Conformity (DoC) procedure in Part 2 of the rules.[^121] DoC is a
    manufacturer\'s self-approval procedure where the equipment is
    tested to ensure it complies with the Commission\'s technical
    standards, and may then be marketed without an approval by the
    Commission. Final Analysis and IIT agreed that WMTS transmitters
    should be authorized under the DoC procedure.[^122] However, PCTEST
    believes the Commission should require certification for WMTS
    equipment because no specific measurement procedure exists, and
    because there is little or no guidance for equipment setup,
    measurement equipment or test sites above 1 GHz.[^123] In an
    *ex-parte* filing, Phillip Inglis also stated that WMTS equipment
    should be subject to certification due to measurement uncertainties
    and the need to make SAR measurements.[^124] AHA disagrees with
    PCTEST that WMTS equipment should be subject to certification
    because the certification process just creates delays for
    manufacturers.[^125]

55. The certification procedure requires the manufacturer to file
    electronically a test report showing the equipment complies with the
    rules along with other supporting documentation to the Commission or
    to a designated Telecommunication Certification Body (TCB).[^126]
    The equipment may not be marketed until an approval has been
    received from the Commission or a TCB. Upon further consideration,
    we agree that certification is the appropriate authorization
    procedure for WMTS equipment. WMTS equipment involves new
    technologies, and the majority will be subject to routine
    environmental evaluation for RF safety.[^127] Requiring
    certification is consistent with the actions we have taken in
    similar cases, such as the Medical Implant Communication Service
    (MICS) in Part 95.[^128] However, we note that procedures for making
    the RF exposure measurements are currently under development. When
    such procedures are developed, we may consider relaxing the
    certification requirement for medical telemetry equipment.

C. [Transition Provisions]{.underline}

56. [Equipment authorization]{.underline}. We proposed that all new
    medical telemetry equipment that receives an equipment authorization
    starting two years after the adoption of final rules must operate in
    the newly authorized frequency bands.[^129] We also proposed that
    medical telemetry equipment that has received an equipment
    authorization to operate in the old bands prior to that date may
    continue to be manufactured, imported, marketed and operated
    indefinitely.[^130] IIT, Spacelabs and Vitalcom agreed with the
    proposed two year transition period for new equipment.[^131] AHA, GE
    and Medstar agree that new equipment should have the capability of
    operating in the new bands, but believe that we should allow
    "dual-mode" equipment with the capability of operating in the
    current Part 15 and Part 90 bands in addition to the new
    bands.[^132] GE states that this would provide for the instances in
    which the new primary frequencies may not be usable or may not
    afford sufficient capacity.[^133]

57. Two years is a reasonable timetable for requiring manufacturers to
    produce equipment to operate in the new bands. Based on the comments
    received, we are confident that manufacturers will be able to meet
    this deadline. We decline to allow equipment approved after that
    deadline to have the capability of operating in the current Part 15
    and Part 90 bands. Our goal in this proceeding is to not only
    provide spectrum where medical telemetry equipment can operate
    without interference, but also to encourage medical telemetry users
    to eventually migrate out of the current bands. Despite the fact
    that medical telemetry has no legal protection from interference in
    these bands, the fact remains that the Commission has had to take
    steps to protect medical telemetry from interference because it is
    used to protect safety of life. The steps the Commission has taken,
    such as the freeze in the 450-470 MHz band and the requirement for
    DTV stations to notify nearby health care facilities, affect other
    parties. We therefore wish to encourage medical telemetry users to
    migrate out of the current frequency bands and into the new
    frequency bands. Allowing the development of new equipment that can
    operate in the old bands after the transition date would discourage
    the eventual migration to the new bands.

58. [Grandfathering.]{.underline} AHA believes that the Commission
    should grandfather the continued use and production of lawfully
    manufactured equipment in the Part 15 and Part 90 bands.[^134] IIT
    believes that there is no need to set a cutoff for equipment
    operating under Parts 15 and 90 since it is unlicensed and operates
    at the risk of the user.[^135] Medstar believes that the use of
    devices manufactured and in operation by the transition deadline
    should be permanently grandfathered, and the manufacture of devices
    authorized before the transition deadline should be
    grandfathered.[^136] Spacelabs urges the Commission to grandfather
    equipment currently authorized under Parts 15 and 90 that is
    purchased within 2 years after finalization of current rule
    making.[^137] Vitalcom believes that the Commission should
    grandfather the continued use and production of wireless medical
    telemetry equipment lawfully manufactured for the Part 15
    band.[^138]

59. Requiring the replacement of functional medical telemetry systems
    that are not subject to interference would be an unnecessary
    financial burden on hospitals. Accordingly, we will permit medical
    telemetry equipment that has received an equipment authorization to
    operate in current Part 15 and Part 90 bands prior to the two year
    transition date to be manufactured, imported, marketed and operated
    without a cutoff date.[^139] This action will ensure that
    manufacturers will be able to make replacement parts for systems
    operating in the old bands, and that hospitals will be permitted to
    operate their existing systems as long as possible until replacement
    is necessary due to age or interference concerns.

60. [Existing equipment registration]{.underline}. AHA believes that the
    Commission should allow the voluntary registration of existing Part
    15 medical telemetry devices in the database.[^140] LMCC and PCIA
    want the Commission to mandate the registration of medical telemetry
    equipment in the land mobile bands so land mobile operators can
    avoid them during the transition period.[^141] ACCE and AHA do not
    oppose the registration of equipment in the 450-470 MHz band, but
    considers the LMCC proposal to be unworkable.[^142]

61. We find it unlikely that a complete database of all Part 15 and Part
    90 medical telemetry transmitters could be developed prior to the
    transition to the new frequency bands. However, placing even some
    transmitters in a database could possibly assist parties in avoiding
    cases of interference. We therefore have no objection to allowing
    the voluntary registration of existing Part 15 and Part 90 medical
    telemetry devices. The rules we are adopting allow frequency
    coordinators to process voluntary requests to register equipment
    operating under Parts 15 and 90.

D. [450-470 MHz Freeze]{.underline}

62. In 1995, the Commission adopted changes to Part 90 of the rules to
    allow more efficient use of the spectrum for land mobile
    services.[^143] These changes permitted high power operations on
    channels in the 450-470 MHz band. However, under the new channeling
    scheme, high-power primary users of the band would be able to
    operate on the same frequencies used for medical telemetry
    equipment. This could possibly result in interference to medical
    telemetry equipment. 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.[^144]

63. [450-460 MHz band freeze]{.underline}. On October 20, 1999, the
    Commission issued a public notice asking parties operating medical
    telemetry equipment in the 450-460 MHz band to provide certain
    information to the Commission.[^145] We received responses from 25
    parties around the country operating in this band. The majority of
    these users were operating a small number of devices on a limited
    number of frequencies around 457 and 458 MHz. Based on the limited
    usage of the 450-460 MHz band for medical telemetry, we find that
    the freeze on high-power land mobile applications in the 450-460 MHz
    band can be lifted. Accordingly, the Wireless Telecommunications
    Bureau will issue a public notice announcing the lifting the freeze
    in this band in the near future. We will work closely with the FDA
    to inform and educate the medical community of the lifting of the
    freeze to avoid interference to medical telemetry equipment.

64. [460-470 MHz band freeze]{.underline}. AHA and Spacelabs believe
    that a minimum five year transition period is necessary before
    lifting the freeze on high-power land mobile applications in the
    460-470 MHz band.[^146] AHA objects to proposals to shorten the
    transition period for equipment in the 460-470 MHz band because
    sufficient spectrum is not immediately available for migration in
    all locations and replacement costs can not be absorbed by health
    care facilities in less than five years.[^147] Spacelabs wants a
    one-year transition period before lifting the freeze in the 450-460
    MHz band.[^148] Brian Porras and CDRH support a four-year transition
    period to allow manufacturers and healthcare facilities adequate
    time to make the transition in an orderly manner.[^149] Brian Porras
    stated that hospitals are struggling financially and can't afford a
    major capital expenditure in a shorter timeframe to convert their
    equipment.[^150] However, AMTA, LMCC, Motorola and PCIA believe that
    AHA's proposed transition period can be shortened.[^151] LMCC,
    Motorola and PCIA state that medical telemetry could move to either
    the 608-614 MHz band or one of the designated low power channels in
    the 1997 LMCC low power plan.[^152]

65. We find that a five-year transition period is longer than is
    necessary to prepare for the lifting of the freeze in the 460-470
    MHz band. The freeze was announced almost five years ago, so
    hospitals have been on notice that they may eventually have to
    change frequencies. Equipment is already available to operate in the
    608-614 MHz band we are allocating in this proceeding, and equipment
    to operate in the other bands allocated in this proceeding should
    become available over the next two years. Five more years should not
    be required for hospitals to make the transition. We will therefore
    lift the freeze on high power land mobile application in the 460-470
    MHz band within three years from the effective date of final rules
    in this proceeding. We will work closely with the FDA to inform and
    educate the medical community of the impending lifting of the freeze
    to accelerate this process.

E. [Other Matters]{.underline}

66. [ISM bands]{.underline}. A small number of medical telemetry devices
    operate in the Industrial, Scientific and Medical (ISM) bands under
    provisions in Part 15 of the rules.[^153] These provisions are not
    specific to medical telemetry equipment, and any type of low power
    transmitter may be approved to operate under these sections,
    including cordless telephones, video transmitters and wireless
    modems. The *Notice* did not propose to prohibit medical telemetry
    equipment from operating under these sections. Symbol and Criticare
    both want the Commission to clarify whether medical telemetry will
    continue to be permitted to operate under these provisions.[^154]
    Mortara is concerned that dedicated bands for medical telemetry may
    create confusion for users that equipment in the ISM bands is
    unapproved, inappropriate, or outside of "standards".[^155]

67. The *Notice* did not propose to preclude medical telemetry equipment
    from operating in the ISM bands under Part 15 because only a small
    number of devices operate under these provisions. Therefore, there
    is not the same potential for a large number of cases of
    interference to medical telemetry equipment in these bands as there
    is for medical telemetry equipment operating in the TV and PLMR
    bands. We expect that the majority of medical telemetry equipment
    manufacturers will design equipment for the new bands allocated in
    this proceeding, and that only a small number of devices will
    continue to use the ISM bands. Therefore, we will continue to allow
    medical telemetry equipment to operate in the ISM bands under
    Part 15. While such operation will be permissible, manufacturers and
    users are cautioned that equipment operating in these bands has no
    protection from interference from ISM equipment operating under Part
    18 of the rules or other low power transmitters operating under Part
    15 of the rules.

ADMINISTRATIVE MATTERS

68. [Final Regulatory Flexibility Analysis]{.underline}. The Final
    Regulatory Flexibility Analysis for this Report and Order, pursuant
    to the Regulatory Flexibility Act, 5 U.S.C. § 604, is contained in
    Appendix C.

69. [Paperwork Reduction Act Analysis]{.underline}. This Report and
    Order contains (either new or modified) information collection(s)
    subject to the PRA of 1995, Public Law 104-13. It will be submitted
    to the Office of Management and Budget (OMB) for review under
    Section 3507(d) of the PRA. OMB, the general public, and other
    Federal agencies are invited to comment. Public and agency comments
    are due **\[insert date 60 days after date of publication in the
    Federal Register.\]** Comments should address: (a) whether the new
    or modified collection of information is necessary for the proper
    performance of the functions of the Commission, including whether
    the information shall have practical utility; (b) the accuracy of
    the Commission\'s burden estimates; (c) ways to enhance the quality,
    utility, and clarity of the information collected; and (d) ways to
    minimize the burden of the collection of information on the
    respondents, including the use of automated collection techniques or
    other forms of information technology.

70. To make cited sources more easily available to the readers, we are
    testing the use of hyperlinks to some FCC documents that are cited
    in this document. The World Wide Web addresses/URLs that we give
    here were correct at the time this document was prepared but may
    change over time. We do not have dedicated staff to update these
    URLs, however, so readers may find some URLs to be out of date as
    time progresses. We also advise that the only definitive text of FCC
    documents is the one that is published in the FCC Record. In case of
    discrepancy between the electronic documents cited here and the FCC
    Record, the version in the FCC Record is definitive. (Most word
    processors will allow users to "click through" to URLs in the
    electronic version of this document. However, some installations may
    preclude direct access to URLs with long character strings. In this
    case other techniques should be used to access the given URLs.)

**ORDERING CLAUSES**

71. IT IS ORDERED, that Parts 2, 15, 90 and 95 of the Commission's Rules
    and Regulations ARE AMENDED as specified in Appendix A **\[effective
    90 days after publication in the Federal Register\]**. This action
    is taken 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).

72. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    Report and Order, including the Final Regulatory Flexibility
    Analysis, to the Chief Counsel for Advocacy of the Small Business
    Administration.

73. IT IS FURTHER ORDERED that ET Docket 99-255 is terminated.

74. For further information regarding this Report and Order, contact
    Hugh L. Van Tuyl, (202) 418-7506, Office of Engineering and
    Technology.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**Appendix A**

**Final Rules**

For the reasons discussed in the *Report and Order*, the Federal
Communications Commission amends 47 C.F.R. Parts 2, 15, 90, and 95 as
follows:

**PART 1 PRACTICE AND PROCEDURE**

1\. The authority citation for Part 1 continues to read as follows:

**Authority: 15 U.S.C. 79 *et seq*.; 47 U.S.C. 151, 154(i), 154(j), 155,
225, and 303(r).**

2\. Section 1.1307 is amended by revising paragraph (b)(2) to read as
follows:

**§ 1.1307 Actions which may have a significant environmental effect,
for which Environmental Assessments (EAs) must be prepared.**

    \* \* \* \* \*

\(b\) \* \* \*

\(2\) Mobile and portable transmitting devices that operate in the
Cellular Radiotelephone Service, the Personal Communications Services
(PCS), the Satellite Communications Services, the General Wireless
Communications Service, the Wireless Communications Service, the
Maritime Services (ship earth stations only) and the Specialized Mobile
Radio Service authorized under Subpart H of Parts 22, 24, 25, 26, 27,
80, and 90 of this chapter are subject to routine environmental
evaluation for RF exposure prior to equipment authorization or use, as
specified in §§ 2.1091 and 2.1093 of this chapter. Unlicensed PCS,
unlicensed NII and millimeter wave devices are also subject to routine
environmental evaluation for RF exposure prior to equipment
authorization or use, as specified in §§ 15.253(f), 15.255(g),
15.319(i), and 15.407(f) of this chapter. Portable transmitting
equipment for use in the Wireless Medical Telemetry Service (WMTS) is
subject to routine environment evaluation as specified in §§ 2.1093 and
95.1125 of this chapter. Equipment authorized for use in the Medical
Implant Communications Service (MICS) as a medical implant transmitter
(as defined in Appendix 1 to Subpart E of Part 95 of this chapter) is
subject to routine environmental evaluation for RF exposure prior to
equipment authorization, as specified in § 2.1093 of this chapter by
finite difference time domain computational modeling or laboratory
measurement techniques. Where a showing is based on computational
modeling, the Commission retains the discretion to request that specific
absorption rate measurement data be submitted. All other mobile,
portable, and unlicensed transmitting devices are categorically excluded
from routine environmental evaluation for RF exposure under §§ 2.1091,
2.1093 of this chapter except as specified in paragraphs (c) and (d) of
this section.

  \* \* \* \* \*

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

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

**AUTHORITY: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless
otherwise noted.**

4.  Section 2.106 is amended as follows:

```{=html}
<!-- -->
```
a.  Pages 37, 42, 43, and 44 of the Table of Frequency Allocations are
    revised.

b.  In the list of United States footnotes, revise footnote US246 and
    add footnotes US350, US351, and US352.

c.  In the list of Federal Government footnotes, revise footnotes G27,
    G30, and G114.

The revisions and additions read as follows:

**§ 2.106 Table of Frequency Allocations.**

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 470-849   |           |           |           |           | Page 37 |
| MHz (UHF) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 470-790   | 470-512   | 470-585   | 470-608   | 470-512   | Public  |
|           |           |           |           |           | Mobile  |
| BRO       | BRO       | FIXED     |           | FIXED     | (22)    |
| ADCASTING | ADCASTING |           |           |           |         |
|           |           | MOBILE    |           | BRO       | Br      |
|           | Fixed     |           |           | ADCASTING | oadcast |
|           |           | BRO       |           |           | Radio   |
|           | Mobile    | ADCASTING |           | LAND      | (TV)    |
|           |           |           |           | MOBILE    |         |
|           | S5.292    |           |           |           | \(73\)  |
|           | S5.293    |           |           | NG66      |         |
|           |           |           |           | NG114     | Au      |
|           |           |           |           | NG127     | xiliary |
|           |           |           |           | NG128     | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           | NG149     |         |
|           |           |           |           |           | \(74\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Private |
|           |           |           |           |           | Land    |
|           |           |           |           |           | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 512-608   | S5.291    |           | 512-608   | Br      |
|           |           | S5.298    |           |           | oadcast |
|           | BRO       |           |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           |           |           |           |         |
|           |           |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | S5.297    | 585-610   |           | NG128     |         |
|           |           |           |           | NG149     |         |
|           |           | FIXED     |           |           |         |
|           |           |           |           |           |         |
|           |           | MOBILE    |           |           |         |
|           |           |           |           |           |         |
|           |           | BRO       |           |           |         |
|           |           | ADCASTING |           |           |         |
|           |           |           |           |           |         |
|           |           | RADION    |           |           |         |
|           |           | AVIGATION |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 608-614   | S5.149    | 608-614   |           | P       |
|           |           | S5.305    |           |           | ersonal |
|           | RADIO     | S5.306    | LAND      |           | (95)    |
|           | ASTRONOMY |           | MOBILE    |           |         |
|           |           | S5.307    | US350     |           |         |
|           | Mobile-   |           |           |           |         |
|           | satellite |           | RADIO     |           |         |
|           | except    |           | ASTRONOMY |           |         |
|           |           |           | US74      |           |         |
|           | aer       |           |           |           |         |
|           | onautical |           |           |           |         |
|           | mobile-   |           |           |           |         |
|           | satellite |           |           |           |         |
|           |           |           |           |           |         |
|           | (Earth-   |           |           |           |         |
|           | to-space) |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           | 610-890   | US246     |           |         |
|           |           |           |           |           |         |
|           |           | FIXED     |           |           |         |
|           |           |           |           |           |         |
|           |           | MOBILE    |           |           |         |
|           |           |           |           |           |         |
|           |           | BRO       |           |           |         |
|           |           | ADCASTING |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 614-806   |           | 614-890   | 614-698   | Br      |
|           |           |           |           |           | oadcast |
|           | BRO       |           |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           |           |           |           |         |
|           | Fixed     |           |           | NG128     | \(73\)  |
|           |           |           |           | NG149     |         |
|           | Mobile    |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Bro     |
|           |           |           |           |           | adcast. |
|           |           |           |           |           | (74)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 698-746   | Br      |
|           |           |           |           |           | oadcast |
|           |           |           |           | BRO       | Radio   |
|           |           |           |           | ADCASTING | (TV)    |
|           |           |           |           |           |         |
|           |           |           |           | NG128     | \(73\)  |
|           |           |           |           | NG149     |         |
|           |           |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Bro     |
|           |           |           |           |           | adcast. |
|           |           |           |           |           | (74)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Note:   |
|           |           |           |           |           | Band to |
|           |           |           |           |           | be      |
|           |           |           |           |           |         |
|           |           |           |           |           | Real    |
|           |           |           |           |           | located |
|           |           |           |           |           | and     |
|           |           |           |           |           | a       |
|           |           |           |           |           | uction- |
|           |           |           |           |           |         |
|           |           |           |           |           | ed by   |
|           |           |           |           |           | Sept.   |
|           |           |           |           |           | 30,     |
|           |           |           |           |           | 2002.   |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------------------+-----------+-----------+---------+
| 1300-1350 |                       | 1300-1350 | 1300-1350 | A       |
|           |                       |           |           | viation |
| AER       |                       | AER       | AER       | (87)    |
| ONAUTICAL |                       | ONAUTICAL | ONAUTICAL |         |
| RADION    |                       | RADIO-    | RADIO-    |         |
| AVIGATION |                       |           |           |         |
| S5.337    |                       | N         | N         |         |
|           |                       | AVIGATION | AVIGATION |         |
| Radi      |                       | S5.337    | S5.337    |         |
| olocation |                       |           |           |         |
|           |                       | Radi      | Radi      |         |
| S5.149    |                       | olocation | olocation |         |
|           |                       | G2        |           |         |
|           |                       |           | S5.149    |         |
|           |                       | S5.149    |           |         |
+-----------+-----------------------+-----------+-----------+---------+
| 1350-1400 | 1350-1400             | 1350-1390 | 1350-1390 |         |
|           |                       |           |           |         |
| FIXED     | RADIOLOCATION         | FIXED     | S5.149    |         |
|           |                       |           | S5.334    |         |
| MOBILE    |                       | MOBILE    | S5.339    |         |
|           |                       |           |           |         |
| RADI      |                       | RADI      |           |         |
| OLOCATION |                       | OLOCATION |           |         |
|           |                       | G2        |           |         |
|           |                       |           |           |         |
|           |                       | S5.149    |           |         |
|           |                       | S5.334    |           |         |
|           |                       | S5.339    |           |         |
|           |                       |           |           |         |
|           |                       | US311 G27 |           |         |
|           |                       | G114      |           |         |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       | 1390-1395 | 1390-1395 | Note:   |
|           |                       |           |           | 13      |
|           |                       | RADI      | S5.149    | 90-1395 |
|           |                       | OLOCATION | S5.339    | MHz     |
|           |                       | G2        | US351     |         |
|           |                       |           |           | became  |
|           |                       | Fixed     |           | non-    |
|           |                       |           |           | Federal |
|           |                       | Mobile    |           |         |
|           |                       |           |           | Gov     |
|           |                       | S5.149    |           | ernment |
|           |                       | S5.339    |           | ex      |
|           |                       | US311     |           | clusive |
|           |                       |           |           |         |
|           |                       | US351 G27 |           | s       |
|           |                       | G114      |           | pectrum |
|           |                       |           |           | in      |
|           |                       |           |           | January |
|           |                       |           |           |         |
|           |                       |           |           | 1999\.  |
+-----------+-----------------------+-----------+-----------+---------+
| S5.149    | S5.149 S5.334 S5.339  | 1395-1400 | 1395-1400 | P       |
| S5.338    |                       |           |           | ersonal |
| S5.339    |                       | LAND      | LAND      | (95)    |
|           |                       | MOBILE    | MOBILE    |         |
|           |                       | US350     | US350     |         |
|           |                       |           |           |         |
|           |                       | S5.149    | S5.149    |         |
|           |                       | US5.339   | US5.339   |         |
|           |                       | US311     | US311     |         |
|           |                       |           |           |         |
|           |                       | US351     | US351     |         |
+-----------+-----------------------+-----------+-----------+---------+
| 1400-1427 |                       | 1400-1427 |           |         |
|           |                       |           |           |         |
| EARTH     |                       | EARTH     |           |         |
| EXP       |                       | EXP       |           |         |
| LORATION- |                       | LORATION- |           |         |
| SATELLITE |                       | SATELLITE |           |         |
| (passive) |                       | (passive) |           |         |
|           |                       |           |           |         |
| RADIO     |                       | RADIO     |           |         |
| ASTRONOMY |                       | ASTRONOMY |           |         |
|           |                       | US74      |           |         |
| SPACE     |                       |           |           |         |
| RESEARCH  |                       | SPACE     |           |         |
| (passive) |                       | RESEARCH  |           |         |
|           |                       | (passive) |           |         |
| S5.340    |                       |           |           |         |
| S5.341    |                       | S5.341    |           |         |
|           |                       | US246     |           |         |
+-----------+-----------------------+-----------+-----------+---------+
| 1427-1429 |                       | 1427-1429 | 1427-1429 | Sa      |
|           |                       |           |           | tellite |
| SPACE     |                       | SPACE     | SPACE     |         |
| OPERATION |                       | OPERATION | OPERATION | Communi |
| (Earth-   |                       |           |           | cations |
| to-space) |                       | (Earth-   | (Earth-   | (25)    |
|           |                       | to-space) | to-space) |         |
| FIXED     |                       |           |           | Private |
|           |                       | FIXED     | Fixed     | Land    |
| MOBILE    |                       |           | (t        | Mobile  |
| except    |                       | MOBILE    | elemetry) | (90)    |
| aer       |                       | except    |           |         |
| onautical |                       | aer       | Land      | Note:   |
| mobile    |                       | onautical | mobile    | 14      |
|           |                       |           | (         | 27-1429 |
| S5.341    |                       | mobile    | telemetry | MHz     |
|           |                       |           | and       |         |
|           |                       | S5.341    |           | became  |
|           |                       | G30       | tel       | non-    |
|           |                       |           | ecommand) | Federal |
|           |                       |           |           |         |
|           |                       |           | S5.341    | Gov     |
|           |                       |           |           | ernment |
|           |                       |           |           | ex      |
|           |                       |           |           | clusive |
|           |                       |           |           |         |
|           |                       |           |           | s       |
|           |                       |           |           | pectrum |
|           |                       |           |           | in      |
|           |                       |           |           | January |
|           |                       |           |           |         |
|           |                       |           |           | 1999\.  |
+-----------+-----------------------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 1429-1610 |           |           |           |           | Page 43 |
| MHz (UHF) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1429-1452 | 1429-1452 |           | 1429-1432 | 1429-1432 | Private |
|           |           |           |           |           | Land    |
| FIXED     | FIXED     |           | LAND      | LAND      | Mobile  |
|           |           |           | MOBILE    | MOBILE    | (90)    |
| MOBILE    | MOBILE    |           | US350     | US350     |         |
| except    | S5.343    |           |           |           | P       |
| aer       |           |           | S5.341    | Fixed     | ersonal |
| onautical |           |           | US352     | (t        | (95)    |
|           |           |           |           | elemetry) |         |
| Mobile    |           |           |           |           |         |
|           |           |           |           | Land      |         |
|           |           |           |           | mobile    |         |
|           |           |           |           | (         |         |
|           |           |           |           | telemetry |         |
|           |           |           |           | and       |         |
|           |           |           |           |           |         |
|           |           |           |           | tel       |         |
|           |           |           |           | ecommand) |         |
|           |           |           |           |           |         |
|           |           |           |           | S5.341    |         |
|           |           |           |           | US352     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 1432-1435 | 1432-1435 | Private |
|           |           |           |           |           | Land    |
|           |           |           | FIXED     | Fixed     | Mobile  |
|           |           |           |           | (t        | (90)    |
|           |           |           | MOBILE    | elemetry) |         |
|           |           |           |           |           | Note:   |
|           |           |           | S5.341    | Land      | 14      |
|           |           |           | G30       | mobile    | 32-1435 |
|           |           |           |           | (         | MHz     |
|           |           |           |           | telemetry |         |
|           |           |           |           | and       | became  |
|           |           |           |           |           | mi      |
|           |           |           |           | tel       | xed-use |
|           |           |           |           | ecommand) |         |
|           |           |           |           |           | s       |
|           |           |           |           | S5.341    | pectrum |
|           |           |           |           |           | in      |
|           |           |           |           |           | January |
|           |           |           |           |           |         |
|           |           |           |           |           | 1999    |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.341    | S5.341    |           | 1435-1525 |           | A       |
| S5.342    |           |           |           |           | viation |
|           |           |           | MOBILE    |           | (87)    |
|           |           |           | (aer      |           |         |
|           |           |           | onautical |           |         |
|           |           |           | t         |           |         |
|           |           |           | elemetry) |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1452-1492 | 1452-1492 |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     | FIXED     |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    |           |           |           |         |
| except    | S5.343    |           |           |           |         |
| aer       |           |           |           |           |         |
| onautical | BRO       |           |           |           |         |
|           | ADCASTING |           |           |           |         |
| Mobile    | S5.345    |           |           |           |         |
|           | S5.347    |           |           |           |         |
| BRO       |           |           |           |           |         |
| ADCASTING | BROA      |           |           |           |         |
| S5.345    | DCASTING- |           |           |           |         |
|           | SATELLITE |           |           |           |         |
| S5.347    | S5.345    |           |           |           |         |
|           | S5.347    |           |           |           |         |
| BROA      |           |           |           |           |         |
| DCASTING- | S5.341    |           |           |           |         |
|           | S5.344    |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| S5.345    |           |           |           |           |         |
| S5.347    |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.341    |           |           |           |           |         |
| S5.342    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1492-1525 | 1492-1525 | 1492-1525 | S5.341    |           |         |
|           |           |           | US78      |           |         |
| FIXED     | FIXED     | FIXED     |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| except    | S5.343    |           |           |           |         |
| aer       |           | S5.341    |           |           |         |
| onautical | MOBILE-   | S5.348A   |           |           |         |
|           | SATELLITE |           |           |           |         |
| Mobile    |           |           |           |           |         |
|           | (space-   |           |           |           |         |
| S5.341    | to-Earth) |           |           |           |         |
| S5.342    | S5.348A   |           |           |           |         |
|           |           |           |           |           |         |
|           | S5.341    |           |           |           |         |
|           | S5.344    |           |           |           |         |
|           | S5.348    |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1525-1530 | 1525-1530 | 1525-1530 | 1525-1530 |           | Sa      |
|           |           |           |           |           | tellite |
| SPACE     | SPACE     | SPACE     | MOBILE-   |           |         |
| OPERATION | OPERATION | OPERATION | SATELLITE |           | Communi |
|           |           |           | (space-   |           | cations |
| (space-   | (space-   | (space-   | to-Earth) |           | (25)    |
| to-Earth) | to-Earth) | to-Earth) |           |           |         |
|           |           |           | Mobile    |           | A       |
| FIXED     | MOBILE-   | FIXED     | (aer      |           | viation |
|           | SATELLITE |           | onautical |           | (87)    |
| MOBILE-   |           | MOBILE-   | t         |           |         |
| SATELLITE | (space-   | SATELLITE | elemetry) |           |         |
|           | to-Earth) |           |           |           |         |
| (space-   |           | (space-   | S5.341    |           |         |
| to-Earth) | Earth     | to-Earth) | S5.351    |           |         |
|           | exp       |           | US78      |           |         |
| Earth     | loration- | Earth     |           |           |         |
| exp       | satellite | exp       |           |           |         |
| loration- |           | loration- |           |           |         |
| satellite | Fixed     | satellite |           |           |         |
|           |           |           |           |           |         |
| Mobile    | Mobile    | Mobile    |           |           |         |
| except    | S5.343    | S5.349    |           |           |         |
| aer       |           |           |           |           |         |
| onautical | S5.341    | S5.341    |           |           |         |
|           | S5.351    | S5.351    |           |           |         |
| mobile    | S5.354    | S5.352A   |           |           |         |
| S5.349    |           |           |           |           |         |
|           |           | S5.354    |           |           |         |
| S5.341    |           |           |           |           |         |
| S5.342    |           |           |           |           |         |
| S5.350    |           |           |           |           |         |
| S5.351    |           |           |           |           |         |
| S5.352A   |           |           |           |           |         |
| S5.354    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------------------+-----------------------+---------+
| 1530-1535 | 1530-1535             | 1530-1535             |         |
|           |                       |                       |         |
| SPACE     | SPACE OPERATION       | MOBILE-SATELLITE      |         |
| OPERATION | (space-to-Earth)      | (space-to-Earth)      |         |
|           |                       |                       |         |
| (space-   | MOBILE-SATELLITE      | MARITIME              |         |
| to-Earth) | (space-to-Earth)      | MOBILE-SATELLITE      |         |
|           | S5.353A               | (space-to-Earth)      |         |
| MOBILE-   |                       |                       |         |
| SATELLITE | Earth                 | Mobile (aeronautical  |         |
|           | exploration-satellite | telemetry)            |         |
| (space-   |                       |                       |         |
| to-Earth) | Fixed                 | S5.341 S5.351 US78    |         |
| S5.353A   |                       | US315                 |         |
|           | Mobile S5.343         |                       |         |
| Earth     |                       |                       |         |
| exp       | S5.341 S5.351 S5.354  |                       |         |
| loration- |                       |                       |         |
| satellite |                       |                       |         |
|           |                       |                       |         |
| Fixed     |                       |                       |         |
|           |                       |                       |         |
| Mobile    |                       |                       |         |
| except    |                       |                       |         |
| aer       |                       |                       |         |
| onautical |                       |                       |         |
|           |                       |                       |         |
| Mobile    |                       |                       |         |
|           |                       |                       |         |
| S5.341    |                       |                       |         |
| S5.342    |                       |                       |         |
| S5.351    |                       |                       |         |
| S5.354    |                       |                       |         |
+-----------+-----------------------+-----------------------+---------+
| 1535-1559 |                       | 1535-1544             | Sa      |
|           |                       |                       | tellite |
| MOBILE-   |                       | MOBILE-SATELLITE      |         |
| SATELLITE |                       | (space-to-Earth)      | Communi |
| (space-   |                       |                       | cations |
| to-Earth) |                       | MARITIME              | (25)    |
|           |                       | MOBILE-SATELLITE      |         |
|           |                       | (space-to-Earth)      | M       |
|           |                       |                       | aritime |
|           |                       | S5.341 S5.351 US315   | (80)    |
+-----------+-----------------------+-----------------------+---------+
|           |                       | 1544-1545             |         |
|           |                       |                       |         |
|           |                       | MOBILE-SATELLITE      |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | S5.341 S5.356         |         |
+-----------+-----------------------+-----------------------+---------+
|           |                       | 1545-1549.5           | A       |
|           |                       |                       | viation |
|           |                       | AERONAUTICAL          | (87)    |
|           |                       | MOBILE-SATELLITE (R)  |         |
|           |                       |                       |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | Mobile-satellite      |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | S5.341 S5.351 US308   |         |
|           |                       | US309                 |         |
+-----------+-----------------------+-----------------------+---------+
|           |                       | 1549.5-1558.5         |         |
|           |                       |                       |         |
|           |                       | AERONAUTICAL          |         |
|           |                       | MOBILE-SATELLITE (R)  |         |
|           |                       |                       |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | MOBILE-SATELLITE      |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | S5.341 S5.351 US308   |         |
|           |                       | US309                 |         |
+-----------+-----------------------+-----------------------+---------+
| S5.341    |                       | 1558.5-1559           |         |
| S5.351    |                       |                       |         |
| S5.353A   |                       | AERONAUTICAL          |         |
| S5.354    |                       | MOBILE-SATELLITE (R)  |         |
| S5.355    |                       |                       |         |
| S5.356    |                       | (space-to-Earth)      |         |
| S5.357    |                       |                       |         |
| S5.357A   |                       | S5.341 S5.351 US308   |         |
| S5.359    |                       | US309                 |         |
| S5.362A   |                       |                       |         |
+-----------+-----------------------+-----------------------+---------+
| 1559-1610 |                       | 1559-1610             | Note:   |
|           |                       |                       | The     |
| AER       |                       | AERONAUTICAL          | *NTIA   |
| ONAUTICAL |                       | RADIONAVIGATION       | Manual* |
| RADION    |                       |                       |         |
| AVIGATION |                       | RADI                  | (f      |
|           |                       | ONAVIGATION-SATELLITE | ootnote |
| RADIONA   |                       | (space-to-Earth)      | G126)   |
| VIGATION- |                       |                       | states  |
| SATELLITE |                       | S5.341 US208 US260    |         |
| (space-   |                       |                       | that    |
| to-Earth) |                       |                       | diffe   |
|           |                       |                       | rential |
| S5.341    |                       |                       | GPS     |
| S5.355    |                       |                       |         |
| S5.359    |                       |                       | s       |
| S5.363    |                       |                       | tations |
|           |                       |                       | may be  |
|           |                       |                       | a       |
|           |                       |                       | uthori- |
|           |                       |                       |         |
|           |                       |                       | zed in  |
|           |                       |                       | the     |
|           |                       |                       | 15      |
|           |                       |                       | 59-1610 |
|           |                       |                       |         |
|           |                       |                       | MHz     |
|           |                       |                       | band,   |
|           |                       |                       | but the |
|           |                       |                       | FCC     |
|           |                       |                       |         |
|           |                       |                       | has not |
|           |                       |                       | yet     |
|           |                       |                       | ad      |
|           |                       |                       | dressed |
|           |                       |                       |         |
|           |                       |                       | this    |
|           |                       |                       | fo      |
|           |                       |                       | otnote. |
+-----------+-----------------------+-----------------------+---------+

> \* \* \* \* \*

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.

\* \* \* \* \*

US350 In the bands 608-614 MHz, 1395-1400 MHz, and 1429-1432, the land
mobile service is limited to medical telemetry and telecommand
operations. Additionally, the band 1429-1432 MHz may be used on
secondary basis for non-Government land mobile telemetry and telecommand
and fixed telemetry.

US351 In the band 1390-1400 MHz, Government operations, except for
medical telemetry operations in the sub-band 1395-1400 MHz, 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      30°28\'N/086°31\'W   80 km    Ft. Greely, AK  63°47\'N/145°52\'W   80 km

  Dugway PG, UT      40°11\'N/112°53\'W   80       Ft. Rucker, AL  31°13\'N/085°49\'W   80

  China Lake, CA     35°41\'N/117°41\'W   80       Redstone, AL    34°35\'N/086°35\'W   80

  Ft. Huachuca, AZ   31°33\'N/110°18\'W   80       Utah Test       40°57\'N/113°05\'W   80
                                                   Range, UT                            

  Cherry Point, NC   34°57\'N/076°56\'W   80       WSM Range, NM   32°10\'N/106°21\'W   80

  Patuxent River, MD 38°17\'N/076°25\'W   80       Holloman AFB,   33°29\'N/106°50\'W   80
                                                   NM                                   

  Aberdeen PG, MD    39°29\'N/076°08\'W   80       Yuma, AZ        32°29\'N/114°20\'W   80

  Wright-Patterson   39°50\'N/084°03\'W   80       Pacific Missile 34°07\'N/119°30\'W   80
  AFB, OH                                          Range, CA                            

  Edwards AFB, CA    34°54\'N/117°53\'W   80                                            
  ------------------ -------------------- -------- --------------- -------------------- --------

US352 In the band 1429-1432 MHz, Government operations, except for
medical telemetry operations, 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 River, 38°17\'N/076°25\'W   70 km    Mountain Home   43°01\'N/115°50\'W   160
  MD                                            AFB, ID                              

  NAS Oceana, VA  36°49\'N/076°02\'W   100      NAS Fallon, NV  39°24\'N/118°43\'W   100

  MCAS Cherry     34°54\'N/076°52\'W   100      Nellis AFB, NV  36°14\'N/115°02\'W   100
  Point, NC                                                                          

  Beaufort MCAS,  32°26\'N/080°40\'W   160      NAS Lemore, CA  36°18\'N/119°47\'W   120
  SC                                                                                 

  NAS Cecil       30°13\'N/081°52\'W   160      Yuma MCAS, AZ   32°39\'N/114°35\'W   160
  Field, FL                                                                          

  NAS Whidbey     48°19\'N/122°24\'W   70       China Lake, CA  35°29\'N/117°16\'W   80
  IS., WA                                                                            

  Yakima Firing   46°40\'N/120°15\'W   70       MCAS Twenty     34°15\'N/116°03\'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.

> \* \* \* \* \*

G114 In the band 1350-1395 MHz, the frequency 1381.05 MHz with emissions
limited to ±12 MHz is also allocated to fixed and mobile satellite
services (space-to-earth) for the relay of nuclear burst data.

> \* \* \* \* \*

5\. Section 2.1093 is amended by revising paragraph (c) to read as
follows:

**§ 2.1093 Radiofrequency radiation exposure evaluation: portable
devices.**

\* \* \* \* \*

\(c\) Portable devices that operate in the Cellular Radiotelephone
Service, the Personal Communications Service (PCS), the Satellite
Communications Services, the General Wireless Communications Service,
the Wireless Communications Service, the Maritime Services, the
Specialized Mobile Radio Service, the Wireless Medical Telemetry Service
(WMTS) and the Medical Implant Communications Service (MICS), authorized
under subpart H of part 22 of this chapter, part 24 of this chapter,
part 25 of this chapter, part 26 of this chapter, part 27 of this
chapter, part 80 of this chapter (ship earth station devices only), part
90 of this chapter, subparts H and I of part 95, and unlicensed personal
communication service, unlicensed NII devices and millimeter wave
devices authorized under subparts D and E, § 15.253 and § 15.255 of part
15 of this chapter are subject to routine environmental evaluation for
RF exposure prior to equipment authorization or use. All other portable
transmitting devices are categorically excluded from routine
environmental evaluation for RF exposure prior to equipment
authorization or use, except as specified in §§ 1.1307(c) and 1.1307(d)
of this chapter. Applications for equipment authorization of portable
transmitting devices subject to routine environmental evaluation must
contain a statement confirming compliance with the limits specified in
paragraph (d) of this section as part of their application. Technical
information showing the basis for this statement must be submitted to
the Commission upon request.

\* \* \* \* \*

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

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

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

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

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

\* \* \* \* \*

\(h\) Effective **\[two years from effective date of final rules\]**, an
equipment approval may no longer be obtained for medical telemetry
equipment operating under the provisions of §15.242. The requirements
for obtaining an approval for medical telemetry equipment after this
date are found in Subpart H of Part 95 of this chapter.

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

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

**AUTHORITY: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7).**

9\. Section 90.203 is amended by revising paragraph (a)(1) to read as
follows:

**§ 90.203 Certification required.**

\(a\) \* \* \*

\(1\) Effective **\[two years from effective date of final rules\]**, an
equipment approval may no longer be obtained for in-hospital medical
telemetry equipment operating under the provisions of this part. The
requirements for obtaining an approval for medical telemetry equipment
after this date are found in Subpart H of Part 95 of this chapter.

\(2\) \* \* \*

\* \* \* \* \*

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

10\. 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.**

11\. Section 95.401 is amended by adding a new paragraph (d) to read 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.
Waveforms such as electrocardiograms (ECGs) are not considered video.

The rules for this service are contained in subpart H of this part.

12\. Section 95.601 is amended by revising 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, the
Wireless Medical Telemetry Service (WMTS)-subpart H, and the Medical
Implants Communication Service (MICS)-subpart I.

13\. A new section 95.630 is added as follows:

**§ 95.630 WMTS transmitter frequencies.**

WMTS transmitters may operate in the frequency bands specified below:

608-614 MHz

1395-1400 MHz

1429-1432 MHz

14\. Section 95.631 is amended by adding a new paragraph (h) to read as
follows:

**§ 95.631 Emission types.**

\* \* \* \* \*

\(h\) A WMTS station may transmit any emission type appropriate for
communications in this service, except for video and voice. Waveforms
such as electrocardiograms (ECGs) are not considered video.

15\. Section 95.639 is amended by adding a new paragraph (f) to read 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 bands, the maximum field strength is 740
mV/m, measured at 3 meters.

16\. Section 95.649 is revised to read as follows:

**§ 95.649 Power capability**

No CB, R/C, LPRS, FRS, MICS or WMTS unit shall incorporate provisions
for increasing its transmitter power to any level in excess of the
limits specified in § 95.639.

17\. 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, a MICS transmitter, or a WMTS
unit.

18\. Appendix 1 to Subpart E to Part 95 -- Glossary of Terms is revised
to add the term "*WMTS*. Wireless Medical Telemetry Service." at the end
of the list.

19. A new Subpart H is added to Part 95 to read as follows:

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

Sec.

1101. Scope.

95.1103 Definitions.

1105. Eligibility.

95.1107 Authorized locations.

1109. Equipment authorization requirement.

95.1111 Frequency coordination.

1113. Frequency coordinator.

95.1115 General technical requirements.

1117. Types of communications.

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

1121. Specific requirements for wireless medical telemetry devices
      operating in the 1395-1400 MHz and 1429-1432 MHz bands.

95.1123 Protection of medical equipment.

1125. RF Safety.

95.1127 Station identification.

95.1129 Station inspection.

\* \* \* \* \*

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

General Provisions

**§ 95.1101 Scope.**

This part sets out the regulations governing the operation of Wireless
Medical Telemetry Devices in the 608-614 MHz**,** 1395-1400 MHz and
1429-1432 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 such as
Veterans Administration hospitals; 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 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 provided the coordination
requirements in § 95.1111 have been met. 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.
No entity that is a foreign government or which is active in the
capacity as a representative of a foreign government is eligible to
operate a WMTS transmitter.

**§ 95.1107 Authorized locations.**

The operation of a wireless medical telemetry transmitter under this
part is authorized anywhere within a health care facility provided the
facility is located anywhere a CB station operation is permitted under §
95.405. 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 certification procedure prior to marketing or
use in accordance with the provisions of Part 2, Subpart J of this
chapter.

\(b\) Each device shall be labeled with the following statement:

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 all devices with a
designated frequency coordinator. The registration must include the
following information:

(1) specific frequencies or frequency range(s) used;

(2) modulation scheme used (including occupied bandwidth);

(3) effective radiated power;

(4) number of transmitters in use at the health care facility as of the
    date of registration including manufacturer name(s) and model
    numbers);

(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, phone number, fax number, e-mail address).

\(b\) 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(s) to manage
the usage of the frequency bands for the operation of medical telemetry
devices.

\(b\) The frequency coordinator shall (1) review and process
coordination requests submitted by authorized health care providers as
required in Section 95.1111 of this part; (2) maintain a database of
WMTS use; (3) notify users of potential conflicts; and (4) coordinate
WMTS operation with radio astronomy observatories and Federal Government
radar systems as specified in § 95.1119 and § 95.1121.

**§ 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 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) Out-of-band emissions below 960 MHz are
limited to 200 V/m, as measured at a distance of 3 meters, using
measuring instrumentation with a CISPR quasi-peak detector.

\(2\) Out-of-band emissions above 960 MHz are limited to 500 V/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. Waveforms such as electrocardiograms (ECGs) are not
considered video.

\(d\) Channel use. (1) In the 1395-1400 MHz and 1429-1432 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 of the following 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.

608.0-609.5 MHz

609.5-611.0 MHz

611.0-612.5 MHz

612.5-614.0 MHz

\(3\) 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.
Operations in the 608-614 MHz band (television channel 37) are not
protected from adjacent band interference from broadcast television
operating on channels 36 and 38.

\(e\) 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. Waveforms
such as electrocardiograms (ECGs) are not considered video.

\(b\) 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 a WMTS
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 Room 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 bands.**

Due to the critical nature of communications transmitted under this
part, the frequency coordinator in consultation with the National
Telecommunications and Information Administration 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 bands. The
locations of government radar systems in these bands are specified in
footnotes US351 and US352 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.

**§ 95.1125 RF safety.**

Portable devices as defined in § 2.1093(b) operating in the WMTS are
subject to radio frequency radiation exposure requirements as specified
in §§ 1.1307(b) and 2.1093 of this chapter. Applications for equipment
authorization of WMTS devices must contain a statement confirming
compliance with these requirements. Technical information showing the
basis for this statement must be submitted to the Commission upon
request.

**§ 95.1127 Station identification.**

A WMTS station is not required to transmit a station identification
announcement.

**§ 95.1129 Station inspection.**

All WMTS transmitters must be available for inspection upon request by
an authorized FCC representative.

######### Appendix B

**List of commenting parties**

[Comments]{.underline}

1.  American Hospital Association Task Force on Medical Telemetry (AHA)

2.  American Mobile Telecommunications Association, Inc. (AMTA)

3.  Anthony D. White

4.  Brian Porras

5.  Cheryl A. Shimek

6.  Comsearch

7.  Criticare Systems, Inc. (Criticare)

8.  Datascope Corporation (Datascope)

9.  Datex-Ohmeda Division Instrumentarium Corporation (Datex-Ohmeda)

10. Department of Health and Human Services Center for Devices and
    Radiological Health (CDRH)

11. Department of Health and Human Services Office for the Advancement
    of Telehealth (OAT)

12. Donald R. Cummings

13. Final Analysis Communication Services, Inc. (Final Analysis)

14. Forrest Fox

15. GE Marquette Medical Systems, Inc. (GE)

16. George (last name unknown)

17. Georgios Kokovidis

18. Heather Miller

19. Hewlett-Packard Company (HP)

20. Holy Cross Hospital

21. IIT Research Institute (IIT)

22. International Association of Fire Chiefs, Inc. and International
    Municipal Signal Association (IAFC/IMSA)

23. Itron, Inc. (Itron)

24. James P. Welch

25. Joseph Lewandowski

26. Keith B. James

27. Land Mobile Communications Council (LMCC)

28. Martha McDonough

29. MedStar Health Corporation (MedStar)

30. Mortara Instrument, Inc. (Mortara)

31. Motorola, Inc. (Motorola)

32. Orbital Communications Corporation (ORBCOMM)

33. PCTEST Engineering Laboratory, Inc. (PCTEST)

34. Personal Communications Industry Association, Inc. (PCIA)

35. Rick Evans RN

36. Spacelabs Medical, Inc. (Spacelabs)

37. Steve M. Siefken

38. Symbol Technologies, Inc. (Symbol)

39. The National Academies

40. Vitalcom, Inc. (Vitalcom)

41. Zymed, Inc. (Zymed)

[Reply Comments]{.underline}

1.  American College of Clinical Engineering (ACCE)

2.  American Hospital Association Task Force on Medical Telemetry (AHA)

3.  Datascope Corporation (Datascope)

4.  Final Analysis Communication Services, Inc. (Final Analysis)

5.  Itron, Inc. (Itron)

6.  National Telecommunications and Information Administration (NTIA)

7.  Office of Advocacy, U.S. Small Business Administration (SBA)

8.  POH Medical Center

9.  Vitalcom, Inc. (Vitalcom)

[*Ex Parte* Comments]{.underline}

1.  PCTEST Engineering Laboratory, Inc. (PCTEST)

2.  Phillip Inglis

**APPENDIX C**

**FINAL REGULATORY FLEXIBILITY ANALYSIS**

As required by the Regulatory Flexibility Act (RFA),[^156] an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the *Notice
of Proposed Rule Making, Amendment of Parts 2 and 95 of the Commission's
Rules to Establish a Wireless Medical Telemetry Service*.[^157] The
Commission sought written public comment on the proposals in the
*Notice,* including comment on the IRFA. The comments received are
discussed below. This present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.[^158]

**A. Need for, and Objectives of, the Report and Order**

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 to medical telemetry
equipment. The rules adopted in the Report and Order allocate new
frequency bands where medical telemetry equipment can operate on a
primary basis without receiving interference.

B.  **Summary of Significant Issues Raised by Public Comments in
    Response to the IRFA**

There were no timely filed comments in response to the IRFA. The Office
of Advocacy, U.S. Small Business Administration (SBA) filed "reply
comments" after the comment deadline, but prior to the reply comment
deadline. Because they do not respond to comments on the IRFA, they are
in fact untimely filed comments. Nevertheless, we will address the
issues raised by the SBA.

The SBA claims two deficiencies on the part of the Commission in this
proceeding. First, SBA states that the NPRM did not consider the impact
of the proposed rules on small businesses.[^159] Second, SBA states that
the IRFA does not describe the impact of the rules on small businesses
and does not provide significant alternatives designed to minimize this
impact.[^160]

We believe SBA is clearly in error on the first point. The RFA only
requires agencies to provide an analysis of the impact of the proposed
rules on small businesses in the IRFA.[^161] There is no requirement in
the RFA to provide such an analysis in the NPRM, which would
unnecessarily duplicate the analysis in the IRFA. Thus we reject SBA's
first claim.

We disagree with SBA on the second point as well. The RFA requires the
Commission to provide an analysis that discusses significant
alternatives such as (1) the establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) the clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) the use of
performance rather than design standards; and (4) an exemption from
coverage of the rule, or any part thereof, for such small
entities.[^162] These are merely examples of the type of information
that should be included; this list is not a rigid checklist. The IRFA
included with the *Notice* in this proceeding did in fact include an
analysis of the type required by the RFA. Specifically, it discussed the
simplified compliance and reporting requirements we considered to
minimize the impact of the rules on small businesses. We considered the
effect on small business from the outset and made the rules apply
equally to all parties. Thus, we consider the IRFA in this proceeding to
be adequate. We further note that no other parties had any objections to
the IRFA or considered it to be inadequate.

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

The RFA directs agencies to provide a description of, and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.[^163] 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
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.[^164] 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.[^165] Therefore, we believe that many of the companies that
manufacture RF equipment would 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.[^166] 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**

WMTS equipment will be authorized through the certification procedure.
The certification procedure requires the manufacturer to file
electronically a test report showing the equipment complies with the
rules along with other supporting documentation to the Commission or to
a designated Telecommunication Certification Body (TCB). The equipment
may not be marketed or operated until an approval has been received from
the Commission or TCB. This is the same process adopted by the
Commission for the Medical Implant Communication Service (MICS).[^167]
We are requiring that all parties including small businesses have their
equipment approved though the certification procedure because of
concerns over radiofrequency radiation safety.

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 Commission may designate multiple coordinators to provide
competition to keep costs at a minimum. The information submitted to the
frequency coordinator will be:

\(1\) specific frequencies or frequency range(s) used;

\(2\) modulation scheme used (including occupied bandwidth);

\(3\) effective radiated power;

\(4\) number of transmitters in use at the health care facility as of
the date of registration (including manufacturer name(s) and model
numbers);

\(5\) 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, phone number, fax number, e-mail address).

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

We are not requiring individual operators' licenses for equipment in the
WMTS. Instead, the equipment will be \"licensed by rule\", meaning that
users are permitted to operate WMTS equipment that complies with rules
without the need to apply for a license from the Commission. Licensing
by rule benefits small businesses by eliminating the expense and delays
that would result if parties were required to obtain individual
operators\' licenses.

New equipment for the WMTS will not have to operate in the newly
allocated frequency bands until two years after the effective date of
the new rules. This will allow sufficient time for manufacturers to
develop equipment for the new bands, thus reducing the development costs
for small businesses. We are also allowing equipment in the old
frequency bands that has received an equipment authorization before the
two year transition date to be manufactured, imported, marketed and
operated without a cutoff date. This will ensure that replacement parts
are available for existing telemetry systems and that hospitals will be
able to use their existing systems as long as possible before
replacement is required, thus reducing expenses for small businesses.

There is currently a freeze on high-power land mobile operations in the
450-470 MHz band. The freeze was put in effect in 1995 to protect
medical telemetry in that band from interference. We are providing a
three-year transition period before lifting the freeze in the 460-470
MHz band. This will assist small businesses by providing adequate time
for medical telemetry users to begin migration to the new frequency
bands, if necessary. The freeze in the 450-460 MHz band will be lifted
shortly after release of this Order because we have determined that
little medical telemetry equipment operates in this portion of the band.
Therefore, there will be little impact on small businesses.

**[Report to Congress]{.underline}**: The Commission will send a copy of
the *Report and Order, Amendment of Parts 2 and 95 of the Commission's
Rules to Establish a Wireless Medical Telemetry Service*, including this
FRFA, in a report to be sent to Congress pursuant to the SBREFA, *see* 5
U.S.C. § 801(a)(1)(A). In addition, the Commission will send a copy of
the *Report and Order*, including FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the *Report and Order* and FRFA (or
summaries thereof) will also be published in the Federal Register. *See*
5 U.S.C. § 604(b).

[^1]: *See* [47 C.F.R. §
    15.242](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=242&TYPE=TXT&YEAR=1999).

[^2]: *See 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 (Refarming
    R&O)*](http://www.fcc.gov/Bureaus/Wireless/Orders/1995/fcc95255.zip),
    10 FCC Rcd 10076 (1995). Medical telemetry equipment operates on the
    Part 90 channels that were designated as low power offset channels
    under Section 90.267. Prior to the adoption of the Refarming R&O,
    operation on all of these channels was on a secondary basis to the
    high power channels operating 12.5 kHz away. In the Refarming R&O a
    mechanism was provided whereby devices operating on those channels
    could operate under primary status contingent on the replacement of
    existing equipment with equipment designed to operate on channels of
    12.5 kHz or less. Because the vast majority, if not all, of the
    existing installed base of medical telemetry equipment is designed
    to operate with a channel bandwidth of 25 kHz, these devices
    continue to operate with secondary status.

[^3]: *See* 47 C.F.R. §§
    [90.238](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=90&SECTION=238&TYPE=TXT&YEAR=1999)
    and
    [90.267](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=90&SECTION=267&TYPE=TXT&YEAR=1999).

[^4]: *See* [Refarming
    R&O](http://www.fcc.gov/Bureaus/Wireless/Orders/1995/fcc95255.zip).

[^5]: Under the old Part 90 channeling scheme, medical telemetry
    equipment operated on special channels offset 12.5 kHz from the
    center frequency of the primary 25.0 KHz channels. This frequency
    offset, combined with the lower power limit on these channels
    minimize the possibility of interference caused or received by
    medical telemetry equipment.

[^6]: *See [Public
    Notice](http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1995/da951771.txt),
    \"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). 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*](http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fcc97116.html),
    12 FCC Rcd 14588 (1997).

[^8]: *[Id](http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fcc97116.html),*
    12 FCC Rcd at 14595.

[^9]: *See* [47 C.F.R. §
    73.622](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=73&SECTION=622&TYPE=TXT&YEAR=1999).

[^10]: *See* [47 C.F.R. §
    73.624](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=73&SECTION=624&TYPE=TXT&YEAR=1999)(d).
    All network affiliated stations in the top ten television markets
    were to commence DTV broadcasts by May 1, 1999. All network
    affiliated stations not included in this category and in the top 30
    televisions markets were to commence DTV broadcasts by 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.

[^11]: 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](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=74&subpart=g&TYPE=TXT&YEAR=1999),
    *et. seq.*

[^12]: *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>.

[^13]: Amendment of Parts 2 and 95 of the Commission's Rules to Create a
    Wireless Medical Telemetry Service, *Notice of Proposed Rule
    Making*, [ET Docket
    99-255,](http://www.fcc.gov/oet/dockets/et99-255/) 14 FCC Rcd 16719
    (1999).

[^14]: *See* [47 C.F.R. §§
    90.203(](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=90&SECTION=203&TYPE=TXT&YEAR=1999)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.

[^15]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    report at 10.

[^16]: *See*
    [CDRH](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009552517)
    comments at 3,
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 1, and [Brian
    Porras](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449916)
    comments at 1.

[^17]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 1 and [Brian
    Porras](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449916)
    comments at 1.

[^18]: *See*
    [Spacelabs](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451356)
    comments at 5 and
    [Zymed](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451396)
    comments at 2.

[^19]: *See*
    [Datex-Ohmeda](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451052)comments
    at 1.

[^20]: *See*
    [Mortara](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451073)
    comments at 2.

[^21]: *See* [Final
    Analysis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550341)
    comments at 16.

[^22]: *See*
    [PCIA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550177)
    comments at 4.

[^23]: *See*
    [ACCE](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553563)
    reply comments at 2.

[^24]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 10.

[^25]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    reply comments at 7 and
    [GE](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550194)
    Marquette Medical Systems, Inc at 6.

[^26]: *See* s*upra* 31.

[^27]: *See* [47 C.F.R. §
    15.242](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=242&TYPE=TXT&YEAR=1999).

[^28]: *See* [47 C.F.R. §
    15.242](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=242&TYPE=TXT&YEAR=1999).

[^29]: *See* Pub. L. No. 103-66, 107 Stat. 312 (1993).

[^30]: Government operations may continue in the 1390-1400 MHz band at
    17 sites around the country until the year 2009. These sites are
    listed in United States footnote US351 in Appendix A. Government
    operations may continue in the 1427-1432 MHz band at 14 sites around
    the country until the year 2004. Those sites are listed in United
    States footnote US352 in Appendix A.

[^31]: *See* Land Mobile Communications Council [Petition for Rule
    Making](https://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=2044500001),
    dated April 22, 1998, RM-9267.

[^32]: [RM-9854](https://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6010956487).
    Itron is currently licensed to operate utility telemetry on a
    secondary basis in this band.

[^33]: \"Little Leo\" systems provide data-only Mobile Satellite Service
    via a constellation of non-geostationary orbit satellites operating
    below 1 GHz.

[^34]: *See* [Final
    Analysis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550341)
    comments at 11-15.

[^35]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 9, [Brian
    Porras](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449916)
    comments at 2,
    [MedStar](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451369)
    comments at 8,
    [Spacelabs](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451356)
    comments at 3, and
    [Vitalcom](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553219)
    comments at 7.

[^36]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 9-11 and
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 9-10.

[^37]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 10.

[^38]: *See*
    [CDRH](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009552517)
    comments at 4.

[^39]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 3.

[^40]: *See*
    [MedStar](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451369)
    comments at 8.

[^41]: *See*
    [NTIA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6008647455)
    comments at 1.

[^42]: *See* [National
    Academies](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009551831)
    comments at 3-4.

[^43]: *See*
    [ORBCOMM](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550179)
    comments at 5.

[^44]: *See*
    [ORBCOMM](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550179)
    comments at 6-7.

[^45]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 3.

[^46]: *See*
    [Itron](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451011)
    comments at 2-3.

[^47]: *See*
    [Itron](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451011)
    reply comments at 1-2.

[^48]: The Omnibus Budget Reconciliation Act of 1993 required the
    transfer of at least 200 MHz of spectrum from government to
    non-government use. The Act required a significant portion of that
    spectrum to be held in reserve until after a ten-year period. The
    Commission placed 65 MHz of the transferred spectrum in reserve in
    the following bands: 1390-1400 MHz, 1427-1432 MHz, 1670-1675 MHz and
    1710-1755 MHz. *See [Plan for Reallocated
    Spectrum,](http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1999/fcc99354.doc)*
    11 FCC Rcd 17841 (1999).

[^49]: *See* [Final
    Analysis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550341)
    comments at 20-27.

[^50]: We will coordinate the frequency allocations with Canadian and
    Mexican governments as appropriate. Given the low-power nature of
    this equipment, we do not anticipate any interference issues in
    border areas.

[^51]: *See* footnote US 246 to the Table of Allocations in Appendix A.

[^52]: *See* [Final
    Analysis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550341)
    comments at 13.

[^53]: *See* RESOLUTION 127 (Rev. WRC-2000), The World
    Radiocommunications Conference (Istanbul, 2000).

[^54]: *See* Section 1062 of the National Defense Authorization Act for
    Fiscal Year 2000, [Public Law
    106-65](http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=106_cong_public_laws&docid=f:publ065.106)
    (1999).

[^55]: *See*
    [NTIA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6008647455)
    comments at 2.

[^56]: *See* [47 U.S.C. §
    925](http://www4.law.cornell.edu/uscode/47/151.html)(b).

[^57]: *See* [*Principles for Reallocation of Spectrum to Encourage the
    Development of Telecommunications Technologies for the New
    Millennium, Policy
    Statement*](http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1999/fcc99354.doc),
    11 FCC Rcd 17841(1996) at para. 65.

[^58]: The 1427-1435 MHz band is currently available for Part 90
    operation on a secondary basis.

[^59]: *See [Principles for Reallocation of Spectrum to Encourage the
    Development of Telecommunications Technologies for the New
    Millennium, Policy
    Statement](http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1999/fcc99354.doc)*,
    14 FCC Rcd 19868 (1999) at para. 24.

[^60]: The Itron petition requesting an allocation of the 1427-1432 MHz
    band for automatic meter reading and utility telemetry use was
    placed on Public Notice by the Commission on April 20, 2000. On June
    1, 2000, Itron and the American Hospital Association jointly filed a
    [letter](https://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6511356536)
    stating that both parties agree that sharing between medical
    telemetry and utility telemetry will be possible because the
    technologies are compatible. We will consider the Itron and LMCC
    petitions in a future comprehensive proceeding to allocate the
    remaining government transfer spectrum in the 1390-1400 MHz and
    1427-1435 MHz bands.

[^61]: *See* [*Notice*](http://www.fcc.gov/oet/dockets/et99-255/) at
    para. 25.

[^62]: *See* [Final
    Analysis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550341)
    comments at 32.

[^63]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 13. Medical telemetry equipment can operate in
    certain ISM bands under Part 15 of the rules. *See* 47 C.F.R. §§
    15.247 and 15.249.

[^64]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 13.

[^65]: *See* [47 C.F.R. § 95.401 et.
    seq](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=95&subpart=d&TYPE=TXT&YEAR=1999)*.*

[^66]: *See* [47 U.S.C. §
    307](http://www4.law.cornell.edu/uscode/47/307.html)(e)(1) and (3).

[^67]: *See [Notice](http://www.fcc.gov/oet/dockets/et99-255/)* at para.
    28.

[^68]: *[Id](http://www.fcc.gov/oet/dockets/et99-255/).*

[^69]: *See* [Final
    Analysis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550341)
    comments at 33.

[^70]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 12-13.

[^71]: *See*
    [OAT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450393)
    comments at 1-2.

[^72]: *See*
    [Spacelabs](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451356)
    comments at 8 and
    [Zymed](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451396)
    comments at 2.

[^73]: *See*
    [ACCE](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553563)
    reply comments at 2.

[^74]: *See*
    [Vitalcom](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553219)
    comments at 13.

[^75]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 16.

[^76]: *See*
    [MedStar](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451369)
    comments at 9.

[^77]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 16, CDRH comments at 4, and Vitalcom comments at 13.

[^78]: *See*
    [NTIA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6008647455)comments
    at 1.

[^79]: *See* [Final
    Analysis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550341)comments
    at 36, IIT comments at 4, and IAFC/IMSA comments at 4.

[^80]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 4.

[^81]: *See*
    [IAFC/IMSA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550163)comments
    at 4-5.

[^82]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 5.

[^83]: Five parties expressed an interest in becoming frequency
    coordinator for the WMTS. They are AHA, Comsearch, IIT, IAFC/IMSA
    and PCIA.

[^84]: *See 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, [Second
    Report and
    Order](http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97061.wp),
    12 FCC Rcd 14307 (1997).

[^85]: *See* [47 C.F.R. §
    0.131](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=0&SECTION=131&TYPE=TXT&YEAR=1999)(m).

[^86]: *See*
    [CDRH](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009552517)
    comments at 5.

[^87]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 6.

[^88]: *See*
    [IAFC/IMSA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550163)
    comments at 6-7.

[^89]: We note that medical telemetry equipment is operated as a system,
    and that there may be many individual units with the same model
    number within a system. We are not requiring users to submit serial
    numbers or a separate registration for each individual unit in a
    system. Rather, the registration information submitted to the
    coordinator will indicate the quantity of each model or type of
    equipment used in the system.

[^90]: The Commission only has specific authority under the
    Communications Act to establish minimum performance standards for
    home electronic equipment and systems to reduce their susceptibility
    to interference from radio frequency energy. *See* [47 U.S.C. §
    302(a).](http://www4.law.cornell.edu/uscode/47/302.html)

[^91]: *See [Notice](http://www.fcc.gov/oet/dockets/et99-255/)* at para.
    32.

[^92]: [*Id.*](http://www.fcc.gov/oet/dockets/et99-255/)

[^93]: [*Id.*](http://www.fcc.gov/oet/dockets/et99-255/)

[^94]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 17-19,
    [MedStar](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451369)
    comments at 10-11, and
    [Vitalcom](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553219)
    comments at 14-15.

[^95]: *See* [Brian
    Porras](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449916)
    comments at 2,
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 6, and
    [IAFC/IMSA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550163)
    comments at 7.

[^96]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 6 and
    [IAFC/IMSA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550163)
    comments at 7.

[^97]: *See*
    [CDRH](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009552517)
    comments at 5.

[^98]: *See [Notic](http://www.fcc.gov/oet/dockets/et99-255/)e* at para.
    33.

[^99]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 19-20,
    [MedStar](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451369)
    comments at 12, and
    [Vitalcom](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553219)
    comments at 17.

[^100]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 20 and
    [MedStar](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451369)
    comments at 13.

[^101]: *See* [Brian
    Porras](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449916)
    comments at 2.

[^102]: *See*
    [CDRH](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009552517)
    comments at 5, OAT comments at 2, and Zymed comments at 3.

[^103]: *See*
    [CDRH](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009552517)
    comments at 5.

[^104]: *See* [Notice](http://www.fcc.gov/oet/dockets/et99-255/) at
    para. 35.

[^105]: *See [Notice](http://www.fcc.gov/oet/dockets/et99-255/)* at
    para. 36.

[^106]: AHA proposed a limit of 370 mV/m at 3 meters in the 608-614 MHz
    band, which is approximately 5 dB higher than the limit in Part 15.
    *See* [47 C.F.R. §
    15.242](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=242&TYPE=TXT&YEAR=1999).

[^107]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 21,
    [Datascope](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451424)
    comments at 2, IIT comments at 7, [Martha
    McDonough](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449641)
    comments at 1, Vitalcom comments at 17-18, and Zymed comments at 3.

[^108]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 21.

[^109]: *See*
    [Datascope](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451424)
    comments at 2, [Martha
    McDonough](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449641)
    comments at 1,
    [Vitalcom](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553219)
    comments at 18, and IIT comments at 7.

[^110]: *See*
    [HP](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451013)
    comments at 2-3.

[^111]: *See* [National
    Academies](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009551831)
    comments at 3 and
    [NTIA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6008647455)
    reply comments at 1.

[^112]: *See* [47 C.F.R. §
    15.209](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=209&TYPE=TXT&YEAR=1999).

[^113]: *See* [47 C.F.R. §
    15.242](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=242&TYPE=TXT&YEAR=1999)(e).

[^114]: *See* [47 C.F.R. §
    15.242](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=242&TYPE=TXT&YEAR=1999)(h).

[^115]: The rules require the routine evaluation of certain mobile and
    portable equipment for compliance with RF radiation safety
    guidelines. Medical telemetry equipment is not covered by these
    requirements. *See* 47 C.F.R. §§
    [2.1091(](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=2&SECTION=1091&TYPE=TXT&YEAR=1999)c)
    and
    [2.1093](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=2&SECTION=1093&TYPE=TXT&YEAR=1999)(c).

[^116]: [PCTEST](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6010954720)
    also filed ex-parte comments addressing the RF safety of WMTS
    equipment.

[^117]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 17.

[^118]: *See* [47 C.F.R. §
    2.1091](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=2&SECTION=1091&TYPE=TXT&YEAR=1999)(b).

[^119]: *See* [47 C.F.R. §
    2.1093](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=2&SECTION=1093&TYPE=TXT&YEAR=1999)(b).

[^120]: *See* [47 C.F.R. §
    2.1091](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=2&SECTION=1091&TYPE=TXT&YEAR=1999)(c).

[^121]: *See* [47 C.F.R. § 2.1071, et.
    seq](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=2&subpart=j&TYPE=TXT&YEAR=1999)*.*

[^122]: *See* [Final
    Analysis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550341)
    comments at 39 and
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 8.

[^123]: *See*
    [PCTEST](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550222)
    comments at 7.

[^124]: *See* [Phillip
    Inglis](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6011055398)
    *ex parte* filing at 3.

[^125]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 16-18.

[^126]: *See* [47 C.F.R. § 2.1031, et.
    seq](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=2&subpart=j&TYPE=TXT&YEAR=1999)*.*

[^127]: *See* § 95.1125 RF Safety in Appendix A.

[^128]: *See[Amendment of Parts 2 and 95 of the Commission\'s Rules to
    Establish a Medical Implant Communications Service in the 402-405
    MHz
    Band](http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99363.wp)*,
    14 FCC Rcd 21040 (1999).

[^129]: *See [Notice](http://www.fcc.gov/oet/dockets/et99-255/)* at
    para. 41.

[^130]: [*Id.*](http://www.fcc.gov/oet/dockets/et99-255/)

[^131]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 8,
    [Spacelabs](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451356)
    comments at 3, and
    [Vitalcom](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553219)
    comments at 19.

[^132]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 23,
    [GE](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550194)
    comments at 11, and
    [MedStar](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451369)
    comments at 14.

[^133]: *See*
    [GE](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550194)
    comments at 1.

[^134]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 23.

[^135]: *See*
    [IIT](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450205)
    comments at 8.

[^136]: *See*
    [MedStar](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451369)
    comments at 14.

[^137]: *See*
    [Spacelabs](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451356)
    comments at 4.

[^138]: *See*
    [Vitalcom](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553219)
    comments at 19.

[^139]: These transition provisions apply only to in-hospital medical
    telemetry equipment. Ambulance-to-hospital medical telemetry
    equipment may continue to operate under the provisions of Part 90 of
    the Rules.

[^140]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 15.

[^141]: *See*
    [LMCC](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451006)
    comments at 11 and
    [PCIA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550177)
    comments at 8.

[^142]: *See*
    [ACCE](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553563)
    reply comments at 1 and
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 15.

[^143]: *See 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 (Refarming
    R&O)*](http://www.fcc.gov/Bureaus/Wireless/Orders/1995/fcc95255.zip),
    10 FCC Rcd 10076 (1995).

[^144]: *See [Public
    Notice](http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1995/da951771.txt),
    \"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).

[^145]: *See* Public Notice, *Office of Engineering and Technology
    Requests Information on Medical Telemetry Equipment Operating in the
    450-460 MHz Band*, DA 99-2244, released October 20, 1999, available
    at
    [www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1999/da992244.html](http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1999/da992244.html).
    The deadline specified in this public notice was subsequently
    extended to March 31, 2000. *See* Public Notice, *Office of
    Engineering and Technology Extends Deadline for Submitting
    Information on Medical Telemetry Equipment Operating in the 450- 460
    MHz Band until March 31, 2000*, available at

    [www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/](http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/).

[^146]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009450995)
    comments at 25 and
    [Spacelabs](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451356)
    comments at 4.

[^147]: *See*
    [AHA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553157)
    reply comments at 20.

[^148]: *See*
    [Spacelabs](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451356)
    comments at 5.

[^149]: *See* [Brian
    Porras](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449916)
    comments at 2 and
    [CDRH](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009552517)
    comments at 6-7.

[^150]: *See* [Brian
    Porras](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009449916)
    comments at 2.

[^151]: *See*
    [AMTA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550181)
    comments at 5,
    [LMCC](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451006)
    comments at 12,
    [Motorola](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451007)
    comments at 4 and PCIA comments at 6.

[^152]: *See*
    [LMCC](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451006)
    comments at 12,
    [Motorola](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451007)
    comments at 5, and
    [PCIA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550177)
    comments at 6.

[^153]: Industrial, Scientific and Medical (ISM) equipment uses
    radiofrequency energy to perform work rather than for a
    communication purpose. Examples of ISM equipment include microwave
    ovens and certain industrial heating and welding equipment. A number
    of bands are available for ISM equipment under Part 18 of the rules.
    See [47 C.F.R. §
    18.301](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=18&SECTION=301&TYPE=TXT&YEAR=1999).
    Low power transmitters are permitted to operate in certain ISM bands
    under Part 15 of the rules. See 47 C.F.R. §§
    [15.247](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=247&TYPE=TXT&YEAR=1999)
    and
    [15.249](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=249&TYPE=TXT&YEAR=1999).

[^154]: *See*
    [Symbol](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550362)
    comments at 2 and
    [Criticare](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009550191)
    comments at 1.

[^155]: *See*
    [Mortara](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009451073)
    comments at 2.

[^156]: *See* [5 U.S.C. §
    603](http://www4.law.cornell.edu/uscode/5/603.html). The RFA, *see*
    [5 U.S.C. § 601](http://www4.law.cornell.edu/uscode/5/601.html) *et.
    seq*[.]{.underline}, has been amended by the Contract With America
    Advancement Act of 1996, [Pub. L. No.
    104-121](http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=104_cong_public_laws&docid=f:publ121.104.pdf),
    110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small
    Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).

[^157]: *See [Notice of Proposed Rule
    Making](http://www.fcc.gov/oet/dockets/et99-255/)* in ET Docket
    99-255, 64 FR 41891, 41896 (August 2, 1999).

[^158]: *See* [5 U.S.C. §
    604](http://www4.law.cornell.edu/uscode/5/604.html).

[^159]: *See*
    [SBA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553195)
    comments at 1-2.

[^160]: *See*
    [SBA](http://haifoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6009553195)
    comments at 2-3.

[^161]: *See* [5 U.S.C. §
    603](http://www4.law.cornell.edu/uscode/5/603.html)(a).

[^162]: *See* [5 U.S.C. §
    603](http://www4.law.cornell.edu/uscode/5/603.html)(c).

[^163]: *See* [5 U.S.C. §
    603](http://www4.law.cornell.edu/uscode/5/603.html)(b)(3).

[^164]: *See* [13 C.F.R. §
    121.201](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=13&PART=121&SECTION=201&TYPE=TXT&YEAR=1999),
    Standard Industrial Classification (SIC) Code 3663.

[^165]: *See* U.S. Department of Commerce, 1992 Census of
    Transportation, Communications and Utilities (issued May 1995), SIC
    category 3663.

[^166]: *See* 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)

[^167]: *See* para. 53, *supra*.