Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules 39259 

22See 47 CFR 95.401 (d). 

23Under Section 307(e) of the Act, the 

Commission may authorize the operation of radio 

stations by rule without individual licenses in 

certain specified radio services when the 

Commission determines that such authorization 

serves the public interest, convenience, and 

necessity. The services set forth in this provision for 

which the Commission may authorize operation by 

rule include: (1) The Citizens Band Radio Service, 

(2) the Radio Control Service, (3) the Aviation Radio 

Service, and (4) the Maritime Radio Service. See 47 

USC 307(e)(1). 

24See 47 CFR 90.1307. 25See 5 U.S.C. 603(c). 

operation 22 pursuant to section 307(e) 

of the Communications Act (Act).23

Under this approach, medical devices 

would operate in the band on a shared, 

non-exclusive basis with respect to each 

other and without the need for MBAN 

systems to be individually licensed. As 

the Commission determined when it 

adopted the MedRadio Service rules, 

this approach minimizes regulatory 

burdens and facilitates the expeditious 

deployment of new generations of 

beneficial wireless medical devices that 

can improve the quality of life for 

countless Americans, thus serving the 

public interest, convenience and 

necessity. 

73. Alternatively, the Commission 

also seeks comment on whether MBAN 

operations should be licensed on a nonexclusive basis under part 90. Under 

that approach, MBAN operations would 

be licensed on a non-exclusive basis 

with respect to each other for ten year 

license terms. The Commission seeks 

comment on whether it should consider 

using the same approach here as we do 

with wireless broadband services in the 

3650–3700 MHz band, i.e., eligible 

entities would apply for non-exclusive 

nationwide licenses and subsequently 

register individual stations with the 

Commission.24 If this approach were to 

be adopted, the Commission also seeks 

comment on whether it should require 

that licensees register each individual 

MBAN system or, alternatively, require 

them to register the individual health 

care facility at which the licensee would 

be allowed to operate multiple MBAN 

systems. In this regard, the Commission 

seeks comment on what type of 

licensing and registration information 

for MBAN operations would facilitate 

coordination with incumbent services; 

and what would be the relative benefits 

and disadvantages of licensing under 

part 90 compared with the license-byrule approach under part 95. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

74. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (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 or reporting requirements 

under the rule for 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 small entities.25

75. The Commission also invites 

commenters to address the validity of 

the competing interference modeling 

studies that have already been placed 

into the record by GEHC and AFTRCC. 

Each party reaches opposite, alternative 

conclusions concerning whether MBAN 

operation would pose an undue 

interference risk to AMT operations in 

the 2360–2395 MHz band. The 

Commission asks commenters to 

address which aspects of these 

interference models would be 

appropriate, or not, to be relied upon 

under the particular factual 

circumstances herein. For example, 

should interference potential be 

evaluated in this instance by reference 

to worst-case static models or by other 

statistical simulations such as the Monte 

Carlo approach type relied upon by 

GEHC? Why or why not? Would some 

other interference modeling approaches 

give results providing a greater degree of 

confidence in their merit? 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

76. None. 

Ordering Clauses 

77. Pursuant to Sections 4(i), 301, 302, 

303(e), 303(f) and 303(r) of the 

Communications Act of 1934, as 

amended, 47 USC Sections 154(i), 301, 

302, 303(e), 303(f) and 303(r), this 

Notice of Proposed Rule Making is 

adopted. 

78. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, SHALL SEND a 

copy of this Notice of Proposed Rule 

Making, including the Initial Regulatory 

Flexibility Analysis to the Chief Counsel 

for Advocacy of the Small Business 

Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–18859 Filed 8–5–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1532; MB Docket No. 08–153; RM– 

11477] 

Television Broadcasting Services; 

Bangor, ME 

AGENCY: Federal Communications 

Commission. 

ACTION: Dismissal. 

SUMMARY: The Commission dismisses 

the pending rulemaking petition filed by 

Community Broadcasting Service 

(‘‘Community Broadcasting’’), the 

licensee of WABI–DT, digital channel 

19, Bangor, Maine, which requests the 

substitution of channel 12 for digital 

channel 19 at Bangor. Community 

Broadcasting’s proposed channel 

substitution requires coordination and 

concurrence with the Canadian 

government because the proposed 

facility is located within the Canadian 

coordination zone. The Canadian 

government has indicated that 

Community Broadcasting’s proposed 

channel substitution is not acceptable. 

Therefore, the Commission dismisses 

Community Broadcasting’s petition for 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Order, 

MB Docket No. 08–153, adopted July 13, 

2009, and released July 14, 2009. The 

full text of this document is available for 

public inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
39260 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

This document is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Order to the 

Government Accountability Office, 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A) since this 

proposed rule is dismissed, herein.) 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–18254 Filed 8–5–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1534; MB Docket No. 09–122; RM– 

11544] 

Television Broadcasting Services; 

Bangor, ME 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

Community Broadcasting Service 

(‘‘Community Broadcasting’’), the 

licensee of WABI–DT, digital channel 

19, Bangor, Maine. Community 

Broadcasting requests the substitution of 

channel 13 for digital channel 19 at 

Bangor. 

DATES: Comments must be filed on or 

before August 21, 2009, and reply 

comments on or before August 31, 2009. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Michelle A. McClure, Esq., Fletcher, 

Heald & Hildreth, PLC, 1300 North 17th 

Street, 11th Floor, Arlington, Virginia 

22209. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, 

adrienne.denysyk@fcc.gov, Media 

Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–122, adopted July 13, 2009, and 

released July 14, 2009. The full text of 

this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622(i) [Amended] 

2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Maine, is amended by adding 

DTV channel 13 and removing DTV 

channel 19 at Bangor. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–18255 Filed 8–5–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1544; MB Docket No. 09–123; RM– 

11546] 

Television Broadcasting Services; New 

Haven, CT 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

Connecticut Public Broadcasting, Inc. 

(‘‘CPBI’’), the licensee of noncommercial 

educational television station 

WEDY(TV), digital channel *6, New 

Haven, Connecticut. CPBI requests the 

substitution of digital channel *41 for 

channel *6 at New Haven. 

DATES: Comments must be filed on or 

before August 21, 2009, and reply 

comments on or before August 31, 2009. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Steven C. Schaffer, Esq., Schwartz, 

Woods & Miller, 1233 20th Street, NW., 

Suite 610, Washington, DC 20036–7322. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, joyce.bernstein.com, 

Media Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–123, adopted July 13, 2009, and 

released July 16, 2009. The full text of 

this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS