58656 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

Training

Monthly rate

No

dependents

One

dependent

Two

dependents

Additional

for each additional dependent

Full time ............................................................................................................................ $627.85 $663.85 $694.85 $16.00 3⁄4 time .............................................................................................................................. 471.39 497.89 521.39 12.00 1⁄2 time .............................................................................................................................. 313.93 331.93 347.43 8.50

Less than 1⁄2 but more than 1⁄4 time ................................................................................ 313.93 313.93 313.93 0.00 1⁄4 time or less .................................................................................................................. 156.96 156.96 156.96 0.00

(Authority: 38 U.S.C. 3015(e), (f), and (g))

(2) For veterans pursuing apprenticeship or other on-job training, the monthly rate of basic educational assistance

for training that occurs after September 30, 1997, and before October 1, 1998, is the rate stated in the following table:

Training

Monthly rate

No

dependents

One

dependent

Two

dependents

Additional

for each additional dependent

1st six months of pursuit of program ............................................................................... $432.64 $445.01 $455.89 $5.25

2nd six months of pursuit of program .............................................................................. 298.29 307.64 315.34 3.85

3rd six months of pursuit of program ............................................................................... 177.75 183.87 188.60 2.45

Remaining pursuit of program .......................................................................................... 165.85 171.62 176.87 2.45

(Authority: 38 U.S.C. 3015(e), (f), (g))

(3) The monthly rate payable to a veteran who is pursuing a cooperative course is the rate stated in the following

table:

Training period

Monthly rate

No

dependents

One

dependent

Two

dependents

Additional

for each additional dependent

Oct. 9, 1996–Sept. 30, 1997 ............................................................................................ $579.87 $605.37 $629.87 $11.50

On or after Oct. 1, 1997 ................................................................................................... 591.85 617.35 641.85 11.50

(Authority: 38 U.S.C. 3015)

* * * * *

[FR Doc. 97–28723 Filed 10–29–97; 8:45 am]

BILLING CODE 8320–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 15

[ET Docket No. 95–177; FCC 97–379]

Biomedical Telemetry Transmitters

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Report and Order, the

Commission amends its regulations

regarding the unlicensed operation of

biomedical telemetry transmitters in the

174–216 MHz (TV channels 7–13) and

470–668 MHz (TV channels 14–46)

bands, as proposed in the Notice of

Proposed Rule Making (‘‘Notice’’) in this

proceeding, 61 FR 3367, January 31,

1996. These amendments will provide

patients in health care facilities the

ability to move about in a limited area

while being continually monitored,

speeding patient recovery times,

shortening lengths of stay, and reducing

health care costs. The standards being

adopted for these devices should protect

the licensed services operating in the

TV bands. Further, a coordination

procedure has been implemented to

protect radio astronomy observatories

from potential interference from

biomedical telemetry systems operating

on 608–614 MHz (TV channel 37).

DATES: Effective December 1, 1997.

ADDRESSES: Federal Communications

Commission, 1919 M Street, N.W.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: John

A. Reed, Office of Engineering and

Technology, (202) 418–2455.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in ET Docket No. 95–177,

FCC 97–379, adopted October 9, 1997,

and released October 20, 1997. The

complete text of this Report and Order

is available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, N.W., Washington, D.C., and

also may be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, D.C. 20036.

Summary of the Report and Order

1. In the Report and Order (‘‘Order’’),

the Commission amended Part 15 of its

regulations to permit unlicensed

biomedical telemetry transmission
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58657

1Amendment of Part 15 of the Commission’s

Rules to permit operation of biomedical telemetry

devices on VHF TV channels 7–13 and on UHF TV

channels, 11 FCC Rcd 1063 (1996).

systems operating on TV channels 7–46

in the 174–216 MHz and 470–668 MHz

frequency bands to be used in health

care facilities. Biomedical telemetry

transmitters are used in hospitals to

transmit patient measurement data to a

nearby receiver, permitting patient

mobility and improved comfort. Typical

devices include heart, blood pressure

and respiration monitors.

2. While the Commission proposed in

the Notice to permit the operation of

biomedical telemetry devices over TV

channels 7–69, it noted that it was now

proposing to reallocate TV channels 52–

69 to other services. Further, it is

undecided at this time whether the

Commission will reallocate TV channels

2–6 or 47–51. Thus, the Commission

amended its rules to permit unlicensed

biomedical telemetry devices only on

TV channels 7–46. The Commission

believes that these products can share

the spectrum with licensed services.

Biomedical telemetry devices are

expensive, complex products that are

generally installed by the manufacturer

or by a third party working with the

manufacturer. In most cases, individual

systems must be specifically engineered

for each location. Further, biomedical

telemetry devices are sensitive to

interference. Because interference to

these products could endanger the

health and safety of patients using this

equipment, it is expected that health

care facilities, in combination with the

manufacturers and installers, would

expend considerable effort to avoid

operating on occupied broadcast

channels. Operators of unlicensed

biomedical telemetry devices are

reminded that they must accept

whatever level of interference is

received from other radio operations

and are responsible for resolving any

interference problems caused by the

operation of their equipment, even if

resolving that interference requires that

the biomedical telemetry device cease

operations.

3. Protection from potential harmful

interference from biomedical telemetry

devices must be provided to all

authorized operations within the TV

bands, including TV broadcast stations

operating under Part 73 of the rules,

Low Power TV, TV Translator and TV

Booster Stations operation under

Subpart G of Part 74 of the rules, Low

Power Auxiliary Stations operating

under Subpart H of Part 74 of the rules,

and Private Land Mobile Radio Services

operating under Part 90 of the rules. The

minimum separation distances

employed to avoid inference need to be

established based on the protection

criteria for the individual radio services.

The interference analysis should not

generally rely on assumptions about the

attenuation of intervening walls and

other objects since biomedical telemetry

devices are designed to be used on

ambulatory patients who could be near

windows or immediately outside of the

hospital walls, such as on an attached

patio. Also, the interference analyses

should not rely on assumptions about

body shielding as manufacturers often

request that measurement of body-worn

transmitters be made while the

transmitter is worn on a person. Based

on these criteria, the Commission

recalculated minimum co-channel

separation distances that must be

observed by the operators and installers

of biomedical telemetry transmitters, as

shown in the attached regulations.

Parties wishing to operate biomedical

telemetry transmitters on TV channel 37

should note that they first must obtain

written concurrence from the director of

the affected radio astronomy

observatory if they are located closer

than the specified minimum distance.

The Commission declined to establish

separation distances for adjacent

channel operations, noting that the

limits on unwanted emissions should

prevent this type of interference

problem.

4. In the Order, the Commission

established a maximum field strength

limit of 200 mV/m, as measured at a

distance of three meters. Further, the

fundamental signal may not be wider

than the 6 MHz bandwidth of a single

TV channel, and the signal must be

contained within a single TV channel.

Emissions outside of the TV channel

within which the fundamental emission

from the biomedical telemetry

transmitter is located must be

attenuated to the general emission limits

in 47 CFR § 15.209.

5. Accordingly, It is ordered that Part

15 of the Commission’s Rules and

Regulations is amended. This action is

taken pursuant to Sections 4(i), 301,

302, 303(e), 303(f), 303(r), 304, and 307

of the Communications Act of 1934, as

amended, 47 U.S.C. Sections 154(i), 301,

302, 303(e), 303(f), 303(r), 304 and 307.

Final Regulatory Flexibility Analysis

6. As required by Section 603 of the

Regulatory Flexibility Act, 5 U.S.C.

§ 603 (RFA), Initial Regulatory

Flexibility Analysis (IRFA) was

incorporated into the Notice of

Proposed Rule Making (‘‘Notice’’) in ET

Docket No. 95–177.1 The Commission

sought written public comments on the

proposals in the Notice including the

IRFA. The Commission’s Regulatory

Flexibility Analysis (FRFA) in this

Report and Order conforms to the RFA,

as amended by the Contract with

America Advancement Act of 1996

(CWAAA), Public Law 104–121, 110

Stat. 847 (1996).

7. Need for and Objective of the Rule.

In this Order, the Commission amends

Part 15 of its rules to expand the

availability of frequencies and to

increase the permitted power for

unlicensed biomedical telemetry

devices operating on VHF and UHF

television channels 7–46 within health

care facilities. These devices will

provide patients the freedom to move

about in a limited area while being

continually monitored, speeding patient

recovery times, shortening lengths of

stay, and reducing health care costs. The

changes to the regulations support

spectrum efficiency by facilitating the

sharing of scarce radio spectrum

between two services and providing

cost-efficient and needed medical

technologies to health care

communities.

8. Summary of Significant Issues

Raised by the Public Comments in

Response to the Initial Regulatory

Flexibility Analysis. No comments were

received in direct response to the Initial

Regulatory Flexibility Analysis.

However, commenters expressed

considerable concern regarding the

potential impact of biomedical

telemetry devices sharing spectrum with

the TV broadcast frequencies, especially

in light of the forthcoming introduction

of DTV. Many of the commenters

requested that dedicated spectrum,

outside of the TV bands, should be set

aside for biomedical telemetry devices.

For example, the Society of Broadcast

Engineers (SBE) states that potentially

life-critical biomedical telemetry has no

place as a ‘‘bottom-of-the-food-chain’’

Part 15 device; if CCTG needs more

spectrum, it should explore bands

where such use can occur on a licensed,

and therefore protected, basis. The

Public Broadcasting Service and the

Association of America’s Public

Television Stations (PBS/APTS) add

that it would be a mistake for the

Commission to establish a new system

in the TV broadcasting spectrum where

substantial changes are planned. The

Community Broadcasters Association

(CBA) states that TV spectrum is a poor

environment into which to launch more

intensive and higher powered use of

critical medical devices on which health

and lives will depend. Even CCTG states

that the Commission should consider

dedicating spectrum to the exclusive

use of medical telemetry after the DTV
58658 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

2See 5 U.S.C. § 601(3).

3 13 CFR 121.201, Standard Industrial

Classification (SIC) Code 4899.

4U.S. Bureau of the Census, U.S. Department of

Commerce, 1992 Census of Transportation,

Communications, and Utilities, UC92–S–1, Subject

Series, Establishment and Firm Size, Table 2D,

Employment Size of Firms: 1992, SIC Code 4899

(issued May 1995).

5See the Sixth Report and Order in MM Docket

No. 87–268, 62 FR 26684, May 14, 1997. See also

the Notice of Proposed Rule Making in ET Docket

No. 97–157, 62 FR 41012, July 31, 1997, proposing

to reallocate TV channels 60–69 for public safety

use and for other services. In addition, see Balanced

Budget Act of 1997, Public Law 105–33, 111 Stat.

251 (1997), requiring the Commission to reallocate

TV channels 52–69 for other services.

transition. Other commenters, such as

the Leesburg Regional Medical Center

and Texas Children’s Hospital, are

concerned that interference will be

caused to biomedical devices from TV

signals rather than interference from

biomedical devices to TV signals.

9. The Critical Care Telemetry Group

that petitioned the Commission to

implement these rule changes and filed

comments in this proceeding consists of

Hewlett-Packard Company Medical

Products Group, Marquette Electronics,

Inc., Pacific Communications, Siemens

Medical Systems, Inc., and SpaceLabs

Medical, Inc.

10. Description and Estimate of the

Number of Small Entities Subject to

Which the Rules Apply. For purposes of

the Report and Order, the RFA 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,

unless the Commission has developed

one or more definitions that are

appropriate to its activities.2 Under the

Small Business Act, a small business

concern is one that: (1) Is independently

owned and operated; (2) is not

dominant in its field of operation; and

(3) meets any additional criteria

established by the Small Business

Administration (SBA). Since the

Regulatory Flexibility Act amendments

were not in effect until the record in this

proceeding was closed, the Commission

was unable to request information

regarding the number of small

businesses that would be affected by

this action. The rules adopted in this

Report and Order apply to the operation

of unlicensed biomedical telemetry

transmitter devices for medical care

facilities. These devices are used to

transmit data, including heart, blood

pressure and respiration monitors, to a

nearby receiver.

11. The Commission has not

developed a definition of small entities

applicable to biomedical telemetry

transmitter devices. Therefore, the

applicable definition of small entity is

the definition under the Small Business

Administration (SBA) rules applicable

to Communications Services ‘‘Not

Elsewhere Classified.’’ This definition

provides that a small entity is one with

$11.0 million or less in annual receipts.3

According to Census Bureau data, there

are 848 firms that fall under the category

of Communications Services, Not

Elsewhere Classified. Of those

approximately 775 reported annual

receipts of $11 million or less and

qualify as small entities.4 This category

is very broad, and we are unable to

determine how many operators of

unlicensed biomedical telemetry

devices will qualify as small entities.

12. Description of Projected

Reporting, Recordkeeping and Other

Compliance Requirements. The rule

change will not alter current reporting,

recordkeeping or other requirements. To

receive equipment authorization to

operate on the television channels,

applicants would have to demonstrate

that their biomedical telemetry devices

comply with the equipment standards

and obtain an authorization from the

Commission.

13. Significant Alternatives and Steps

Taken by Agency to Minimize

Significant Economic Impact on a

Substantial Number of Small Entities

Consistent with Stated Objectives. While

the Notice proposed to permit

biomedical telemetry operation over the

frequency ranges of 174–216 MHz and

470–806 MHz (TV channels 7–69), we

no longer believe that this entire

frequency range can be made available.

In the DTV Sixth Report and Order in

MM Docket No. 87–268 the Commission

indicated that it plans to reallocate TV

channels 52–69 (698 MHz to 806 MHz)

to other services and will reallocate

either TV channels 2–6 (54–88 MHz) or

47–51 (668–698 MHz).5 Thus, this

spectrum no longer appears suitable for

assignment to unlicensed biomedical

telemetry operation. Accordingly, we

are amending the rules to permit the

operation of biomedical telemetry

devices only over the frequency bands

of 174–216 MHz and 470–668 MHz (TV

channels 7–46).

14. Report to Congress. The

Commission shall send a copy of this

Final Regulatory Flexibility Analysis,

along with this Report and Order, in a

report to Congress pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C.

§ 801(a)(1)(A).

List of Subjects

47 CFR Part 15

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Title 47 of the Code of Federal

Regulations, Part 15, is amended as

follows:

PART 15—RADIO FREQUENCY

DEVICES

1. The authority citation for part 15

continues to read as follows:

Authority: Secs. 4, 302, 303, 304, 307 and

624A of the Communications Act of 1934, as

amended, 47 U.S.C. 154, 302, 303, 304, 307

and 544A.

2. Section 15.205 is amended by

adding a new paragraph (d)(5), to read

as follows:

§ 15.205 Restricted bands of operation.

* * * * *

(d) * * *

(5) Biomedical telemetry devices

operating under the provisions of

§ 15.242 of this part are not subject to

the restricted band 608–614 MHz but

are subject to compliance within the

other restricted bands.

* * * * *

3. Section 15.209 is amended by

revising paragraph (g) to read as follows:

§ 15.209 Radiated emission limits; general

requirements.

* * * * *

(g) Perimeter protection systems may

operate in the 54–72 MHz and 76–88

MHz bands under the provisions of this

section. The use of such perimeter

protection systems is limited to

industrial, business and commercial

applications.

4. A new § 15.242 is added to read as

follows:

§ 15.242 Operation in the bands 174–216

MHz and 470–668 MHz.

(a) The marketing and operation of

intentional radiators under the

provisions of this section is restricted to

biomedical telemetry devices employed

solely on the premises of health care

facilities.

(1) A health care facility includes

hospitals and other establishments that

offer services, facilities, and beds for use

beyond 24 hours in rendering medical

treatment and institutions and

organizations regularly engaged in

providing medical services through
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58659

clinics, public health facilities, and

similar establishments, including

governmental entities and agencies for

their own medical activities.

(2) This authority to operate does not

extend to mobile vehicles, such as

ambulances, even if those vehicles are

associated with a health care facility.

(b) The fundamental emissions from a

biomedical telemetry device operating

under the provisions of this section

shall be contained within a single

television broadcast channel, as defined

in part 73 of this chapter, under all

conditions of operation and shall lie

wholly within the frequency ranges of

174–216 MHz and 470–668 MHz.

(c) The field strength of the

fundamental emissions shall not exceed

200 mV/m, as measured at a distance of

3 meters using a quasi-peak detector.

Manufacturers should note that a quasipeak detector function indicates field

strength per 120 kHz of bandwidth ±20

kHz. Accordingly, the total signal level

over the band of operation may be

higher than 200 mV/m. The field

strength of emissions radiated on any

frequency outside of the television

broadcast channel within which the

fundamental is contained shall not

exceed the general limits in § 15.209.

(d) The user and the installer of a

biomedical telemetry device operating

within the frequency range 174–216

MHz, 470–608 MHz or 614–668 MHz

shall ensure that the following

minimum separation distances are

maintained between the biomedical

telemetry device and the authorized

radio services operating on the same

frequencies:

(1) At least 10.3 km outside of the

Grade B field strength contour (56

dBuV/m) of a TV broadcast station or an

associated TV booster station operating

within the band 174–216 MHz.

(2) At least 5.5 km outside of the

Grade B field strength contour (64

dBuV/m) of a TV broadcast station or an

associated TV booster station operating

within the bands 470–608 MHz or 614–

668 MHz.

(3) At least 5.1 km outside of the 68

dBuV/m field strength contour of a low

power TV or a TV translator station

operating within the band 174–216

MHz.

(4) At least 3.1 km outside of the 74

dBuV/m field strength contour of a low

power TV or a TV translator station

operating within the bands 470–608

MHz or 614–668 MHz.

(5) Whatever distance is necessary to

protect other authorized users within

these bands.

(e) The user and the installer of a

biomedical telemetry device operating

within the frequency range 608–614

MHz and that will be located within 32

km of the very long baseline array

(VLBA) stations or within 80 km of any

of the other radio astronomy

observatories noted in footnote US 311

of Section 2.106 of this chapter must

coordinate with, and obtain the written

concurrence of, the director of the

affected radio astronomy observatory

before the equipment can be installed or

operated. The National Science

Foundation point of contact for

coordination is: Spectrum Manager,

Division of Astronomical Sciences, NSF

Rm 1045, 4201 Wilson Blvd., Arlington,

VA 22230; tel: (703) 306–1823.

(f) Biomedical telemetry devices must

not cause harmful interference to

licensed TV broadcast stations or to

other authorized radio services, such as

operations on the broadcast frequencies

under subparts G and H of part 74 of

this chapter, land mobile stations

operating under part 90 of this chapter

in the 470–512 MHz band, and radio

astronomy operation in the 608–614

MHz band. (See § 15.5.) If harmful

interference occurs, the interference

must either be corrected or the device

must immediately cease operation on

the occupied frequency. Further, the

operator of the biomedical telemetry

device must accept whatever level of

interference is received from other radio

operations. The operator, i.e., the health

care facility, is responsible for resolving

any interference that occurs subsequent

to the installation of these devices.

(g) The manufacturers, installers, and

users of biomedical telemetry devices

are reminded that they must ensure that

biomedical telemetry transmitters

operating under the provisions of this

section avoid operating in close

proximity to authorized services using

this spectrum. Sufficient separation

distance, necessary to avoid causing or

receiving harmful interference, must be

maintained from co-channel operations.

These parties are reminded that the

frequencies of the authorized services

are subject to change, especially during

the implementation of the digital

television services. The operating

frequencies of the part 15 devices may

need to be changed, as necessary and in

accordance with the permissive change

requirements of this chapter, to

accommodate changes in the operating

frequencies of the authorized services.

(h) The manufacturers, installers and

users of biomedical telemetry devices

are cautioned that the operation of this

equipment could result in harmful

interference to other nearby medical

devices.

[FR Doc. 97–28761 Filed 10–29–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 64

[CC Docket 96–128; FCC 97–371]

Pay Telephone Reclassification and

Compensation Provisions of the

Telecommunications Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: On October 9, 1997, the

Commission adopted a Second Report

and Order in CC Docket 96–128, FCC

97–371, in which it concluded that

interexchange carriers must compensate

payphone service providers for all

coinless payphone calls not otherwise

compensated pursuant to contract,

including subscriber 800 and access

code calls, 0+ and inmate calls, at the

rate of $.284 per call. The Commission

based this decision on the conclusion

that the default rate for per-call

compensation for these calls is the

deregulated local coin rate adjusted for

cost differences. This rate will continue

to be the default rate for coinless

payphone calls for the first two years of

per-call compensation. After the first

two years, the market-based local coin

rate adjusted for certain costs is the

surrogate for the default per-call rate.

EFFECTIVE DATE: October 30, 1997.

FOR FURTHER INFORMATION CONTACT: Rose

Crellin or Greg Lipscomb, Formal

Complaints and Information Branch,

Enforcement Division, Common Carrier

Bureau (202) 418–0960.

SUPPLEMENTARY INFORMATION:

Adopted: October 9, 1997.

Released: October 9, 1997.

By the Commission: Commissioners Quello

and Ness issuing separate statements.

TABLE OF CONTENTS

Topic Paragraph

No.

I. Introduction .............................. 1

II. Background ............................. 6

III. Per-Call Compensation ......... 16

A. The Standard for Determining Per-Call Compensation .......................... 16

B. Market-Based Compensation Analysis ........... 29

C. Alternatives to a MarketBased Compensation

Rate .................................. 68

D. Per-Call Compensation

Rate .................................. 111

E. Other ............................... 123

IV. Procedural Matters ................ 134

A. Paperwork Reduction Act

Analysis ............................ 134