[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Rules and Regulations]
[Pages 69926-69934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32454]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2 and 95

[WT Docket No. 99-66, RM-9157, FCC 99-363]


Establishment of a Medical Implant Communications Service in the 
402-405 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document establishes a Medical Implant Communications 
Service (MICS) operating in the 402-405 MHz band. MICS operations will 
consist of high-speed, ultra-low power, non-voice transmissions to and 
from implanted medical devices such as cardiac pacemakers and 
defibrillators. The rules will allow use of newly-developed, life-
saving medical technology without harming other users of the frequency 
band.

DATES: Effective January 14, 2000.

FOR FURTHER INFORMATION CONTACT: Gene Thomson, Policy and Rules Branch, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, (202) 418-0634. TTY (202) 418-7233.


[[Page 69927]]


SUPPLEMENTARY INFORMATION: This document was prepared in response to 
the Commission's Notice of Proposed Rulemaking, 64 FR 10266 (March 3, 
1999) and is a summary of the Commission's Report and Order, WT Docket 
No. 99-66, FCC 99-363, adopted November 19, 1999, and released November 
29, 1999. The full text of this Report and Order is available for 
inspection and copying during normal business hours in the FCC 
Reference Information Center, Room CY-A257, 445 12th St. S.W., 
Washington, D.C. The complete text may be purchased from the 
Commission's copy contractor, ITS, Inc., 1231 20th St. N.W., 
Washington, D.C. 20036, telephone (202) 857-3800. Alternative formats 
(computer diskette, large print, audio cassette, and Braille) are 
available to persons with disabilities by contacting Martha Contee at 
(202) 418-0620 (voice), or (202) 418-2555 (TTY), or at [email protected]. 
The complete (but unofficial) text is also available on the 
Commission's Internet site at <http://www.fcc.gov/Bureaus/Wireless/
Notices/1999/index.html> under the file name ``fcc99363.txt'' in ASCII 
text and ``fcc99363.wp'' in Word Perfect format.

Summary of Report and Order

    The Commission has released a Report and Order that (a) amends the 
Table of Frequency Allocations in Sec. 2.106 of the Commission's Rules; 
(b) allocates the 402-405 MHz band on a shared basis and designates 
this shared allocation for use by the MICS; and (c) revises part 95 of 
the Commission's Rules to permit the operation of ultra-low power MICS 
transmitters in the 402-405 MHz band without an individual license 
issued by the Commission.
    The 402-405 MHz band was selected because it is suitable for 
propagation of radio signals within the human body, and is available 
internationally for medical implant use. Sharing the band with the 
Meteorological Aids Service is feasible because of the low power and 
duty cycle of MICS transmitters. In order to insure compliance with the 
technical standards, the rules require certification of MICS 
transmitters, but the Commission did not adopt its proposal to require 
registration of transmitting equipment with the manufacturer.

Administrative Matters

Final Regulatory Flexibility Analysis (FRFA)

    1. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice 
prepared in this proceeding. The Commission sought written public 
comment on the proposals in the Notice, including comments on the IRFA. 
This present FRFA conforms to the RFA.
A. Need for, and Objectives of, the Report and Order
    2. In this proceeding, we amend parts 1, 2 and 95 of the 
Commission's Rules to establish the Medical Implant Communications 
Service (MICS) as a shared allocation in the Non-Government 402-405 MHz 
band, and to codify the service rules for the MICS. The adopted rules 
will permit the use of newly-developed, life-saving medical technology 
without causing interference to other users of the frequency band.
B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA
    3. No comments were submitted specifically in response to the IRFA.
C. Description and Estimate of the Number of Small Entities to Which 
the Adopted Rules Will Apply
    4. 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. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 1992, there were 
approximately 275,801 small organizations. ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' As of 1992, there were 
approximately 85,006 governmental jurisdictions in the United States. 
This number includes 38,978 counties, cities, and towns; of these, 
37,566, or 96 percent, have populations of fewer than 50,000. The 
Census Bureau estimates that this ratio is approximately accurate for 
all governmental entities. Thus, of the 85,006 governmental entities, 
we estimate that 81,600 (96 percent) are small entities. Of the 
estimated 81,600 small governmental entities, many are hospital and 
health care facilities.
    5. In addition, the adopted rules would apply to manufacturers of 
medical implant devices and users of the proposed MICS equipment, such 
as hospitals and clinics that are not government health care 
facilities. 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. There are approximately 
11,471 nursing care firms in the nation, of which 7,953 have annual 
gross receipts of $5 million or less. There are approximately 3,856 
hospital firms in the nation, of which 294 have gross receipts of $5 
million or less. We do not know how many hospitals would actually 
implement MICS equipment; however, the maximum number of facilities to 
which the adopted rules would apply is 8,247.
D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements
    6. There is a reporting or recordkeeping requirement that will be 
imposed as a result of the actions adopted in this rule making 
proceeding. Manufacturers of medical implant programmer/control 
transmitters will continue to be required to follow our normal 
equipment authorization procedures, and include with each transmitting 
device a statement regarding harmful interference pursuant to 
Secs. 95.1215(a) and 95.1217 of the Rules.
E. Steps Taken to Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered
    7. By making frequency spectrum available, the adopted rules will 
have a beneficial economic impact on small business entities that would 
either manufacture, or contribute to the manufacturing of, equipment 
used in the MICS by enabling these businesses to increase their product 
lines. In addition, a beneficial, indirect, economic impact affects 
individuals who are the recipients of implanted MICS devices. While a 
precise determination of the cost savings is difficult to calculate, 
two examples are useful. First, over $15 million per year would be 
saved by eliminating the need to conduct quarterly interrogation of 
implanted cardiac defibrillators in the clinical setting. This estimate 
does not include the interrogation of pacemakers, which are implanted 
at a much higher

[[Page 69928]]

rate than defibrillators. Second, over $37 billion is currently spent 
annually on hospitalization due to heart failure. When devices 
currently under development for the management of heart failure 
incorporate the MICS technology, it is expected that there will be a 
meaningful reduction in hospitalization costs. Assuming this impact is 
as small as five percent, the estimated savings would be nearly $2 
billion per year.
    Report to Congress: The Commission will send a copy of the Report 
and Order, including this FRFA, in a report to be sent to Congress 
pursuant to the Small Business Regulatory Enforcement Fairness Act of 
1996, see 5 U.S.C. 801(a)(1)(A). In addition, the Commisson will send a 
copy of the Report and Order, including FRFA to the Chief Counsel for 
Advocacy of the Small Business Administration. 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).

Ordering Clauses

    1. Accordingly, pursuant to the authority of Sections 4(i), 303(r), 
and 332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r), 332(a)(2), parts 1, 2, and 95 of the Commission's 
Rules, that 47 CFR parts 1, 2 and 95 ARE AMENDED as set forth in the 
attached Rule Changes.
    2. The rule changes adopted herein will become effective January 
14, 2000.
    3. The Commission's Reference Information Center, Consumer 
Information Bureau, SHALL SEND a copy of this Report and Order, WT 
Docket No. 99-66, including the Final Regulatory Flexibility Analysis, 
to the Chief Counsel for Advocacy of the Small Business Administration.
    4. Pursuant to Section 4(i) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), that the late-filed comments (e-mail filed 
on April 9, 1999) by Dr. William Scanlon, ARE ACCEPTED for 
consideration in this proceeding.
    5. Pursuant to Section 4(i) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), that this proceeding is terminated.

List of Subjects in 47 CFR Parts 1, 2, and 95

    Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 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:


Sec. 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 Secs. 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 Secs. 15.253(f), 15.255(g), 
15.319(i), and 15.407(f) 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 Sec. 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 Secs. 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. In Sec. 2.106, the Table of Frequency Allocations is amended by 
revising the entries for 402-403 MHz and 403-406 MHz, and adding 
footnote US345 in numerical order to read as follows:


Sec. 2.106  Table of Frequency Allocations.

[[Page 69929]]



----------------------------------------------------------------------------------------------------------------
               International table                       United States table            FCC use designators
----------------------------------------------------------------------------------------------------------------
                                                     Government    Non-government
   Region 1--       Region 2--       Region 3--   -------------------------------- Rule part(s)    Special-use
 allocation MHz   allocation MHz   allocation MHz  Allocation MHz  Allocation MHz                  frequencies
(1)              (2)              (3)              (4)             (5)             (6)           (7)
----------------------------------------------------------------------------------------------------------------
       *                *                *                *               *              *              *
----------------------------------------------------------------------------------------------------------------
402-403          402-403          402-403          402-403         402-403
METEOROLOGICAL   METEOROLOGICAL   METEOROLOGICAL   METEOROLOGICAL  METEOROLOGICAL  Personal      Medical Implant
 AIDS             AIDS             AIDS             AIDS            AIDS            (95)          Communications
EARTH            EARTH            EARTH             (radiosonde)    (radiosonde)                  (MICS)
 EXPLORATION-     EXPLORATION-     EXPLORATION-     US70            US70
 SATELLITE        SATELLITE        SATELLITE       Earth           Earth
 (Earth-to-       (Earth-to-       (Earth-to-       Exploration-    Exploration-
 space)           space)           space)           Satellite       Satellite
                                                    (Earth-to-      (Earth-to-
                                                    space)          space)
                                                    Meteorologica   Meteorologica
                                                    l Satellite     l Satellite
                                                    (Earth-to-      (Earth-to-
                                                    space)          space)
METEOROLOGICAL   METEOROLOGICAL   METEOROLOGICAL
 SATELLITE        SATELLITE        SATELLITE
 (Earth-to-       (Earth-to-       (Earth-to-
 space)           space)           space)
Fixed            Fixed            Fixed
Mobile except    Mobile except    Mobile except    US345           US345
 aeronautical     aeronautical     aeronautical
 mobile           mobile           mobile
----------------------------------------------------------------------------------------------------------------
403-406          403-406          403-406          403-406         403-406
METEOROLOGICAL   METEOROLOGICAL   METEOROLOGICAL   METEOROLOGICAL  METEOROLOGICAL  Personal      Medical Implant
 AIDS             AIDS             AIDS             AIDS            AIDS            (95)          Communications
                                                    (radiosonde)    (radiosonde)                  (MICS)
                                                    US70            US70
Fixed            Fixed            Fixed
Mobile except    Mobile except    Mobile except    US345           US345
 aeronautial      aeronautial      aeronautial
 mobile           mobile           mobile
----------------------------------------------------------------------------------------------------------------
       *           *                *                *               *               *             *
----------------------------------------------------------------------------------------------------------------

UNITED STATES (US) FOOTNOTES

* * * * *
    US345  In the band 402-405 MHz, the mobile, except mobile 
aeronautical, service is allocated on a secondary basis and is 
limited to, with the exception of military tactical mobile stations, 
Medical Implant Communications Service (MICS) operations. MICS 
stations are authorized by rule on the condition that harmful 
interference is not caused to stations in the meteorological aids, 
meteorological-satellite, and earth exploration-satellite services, 
and that MICS stations accept interference from stations in the 
meteorological aids, meteorological-satellite, and earth 
exploration-satellite services.
* * * * *
    5. Section 2.1204 is amended by adding paragraph (a)(9) to read as 
follows:


Sec. 2.1204  Import conditions.

* * * * *
    (a) * * *
    (9) The radio frequency device is a medical implant transmitter 
inserted in a person granted entry into the United States or is a 
medical implant programmer/controller transmitter associated with such 
an implanted transmitter, provided, however that the transmitters 
covered by this provision otherwise comply with the technical 
requirements applicable to transmitters authorized to operate in the 
Medical Implant Communications Service under part 95 of this chapter. 
Such transmitters are permitted to be imported without the issuance of 
a grant of equipment authorization only for the personal use of the 
person in whom the medical implant transmitter has been inserted.

PART 95--PERSONAL RADIO SERVICES

    6. The authority for part 95 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.

    7. Section 95.401 is amended by adding paragraph (d) to read as 
follows:


Sec. 95.401  (CB Rule 1) What are the Citizens Band Radio Services?

* * * * *
    (d) The Medical Implant Communications Service (MICS)--an ultra-low 
power radio service for the transmission of non-voice data for the 
purpose of facilitating diagnostic and/or therapeutic functions 
involving implanted medical devices. The rules for this service are 
contained in subpart I of this part.
    8. Section 95.601 is amended by revising the last sentence in the 
undesignated text to read as follows:


Sec. 95.601  Basis and purpose.

    * * * The Personal Radio Services are the GMRS (General Mobile 
Radio Service)--subpart A, the Family Radio Service (FRS)--subpart B, 
the R/C (Radio Control Radio Service)--subpart C, the CB (Citizens Band 
Radio Service)--subpart D, the Low Power Radio Service (LPRS)--subpart 
G, and the Medical Implant Communications Service (MICS)--subpart I.
    9. Section 95.603 is amended by adding paragraph (f) to read as 
follows:


Sec. 95.603  Certification required.

* * * * *
    (f) Each Medical Implant Communications Service transmitter (a 
transmitter that operates or is intended to operate in the MICS) must 
be certificated except for medical implant transmitters that are not 
marketed for use in the United States, but which otherwise comply with 
the MICS technical requirements and are operated in the United States 
by individuals who have traveled to the United States from abroad. 
Medical implant transmitters (as defined in Appendix 1 to subpart E of 
part 95 of this chapter) are subject to the

[[Page 69930]]

radiofrequency radiation exposure requirements specified in 
Secs. 1.1307 and 2.1093 of this chapter, as appropriate. Applications 
for equipment authorization of devices operating under this section 
must contain a finite difference time domain (FDTD) computational 
modeling report showing compliance with these provisions for 
fundamental emissions. The Commission retains the discretion to request 
the submission of specific absorption rate measurement data.
    10. Section 95.605 is amended by revising the first paragraph of 
the undesignated text to read as follows:


Sec. 95.605  Certification procedures.

    Any entity may request certification for its transmitter when the 
transmitter is used in the GMRS, R/C, CB, IVDS, LPRS, or MICS following 
the procedures in part 2 of this chapter. Medical implant transmitters 
shall be tested for emissions and EIRP limit compliance while enclosed 
in a medium that simulates human body tissue in accordance with the 
procedures in Sec. 95.639(g). Frequency stability testing for MICS 
transmitters shall be performed over the temperature range set forth in 
Sec. 95.628.
* * * * *
    11. Section 95.628 is added to read as follows:


Sec. 95.628  MICS Transmitter.

    (a) Frequency monitoring. Medical implant programmer/control 
transmitters must incorporate a mechanism for monitoring the channel or 
channels that the MICS system devices intend to occupy. The monitoring 
system antenna shall be the antenna normally used by the programmer/
control transmitter for a communications session. Before a medical 
implant programmer/control transmitter initiates a MICS communications 
session, the following access criteria must be met:
    (1) The monitoring system bandwidth measured at its 20 dB down 
points must be equal to or greater than the emission bandwidth of the 
intended transmission.
    (2) Within 5 seconds prior to initiating a communications session, 
circuitry associated with a medical implant programmer/control 
transmitter must monitor the channel or channels the MICS system 
devices intend to occupy for a minimum of 10 milliseconds per channel.
    (3) Based on use of an isotropic monitoring system antenna, the 
monitoring threshold power level must not be more than 10logB(Hz) - 150 
(dBm/Hz) + G(dBi) where B is the emission bandwidth of the MICS 
communication session transmitter having the widest emission and G is 
the medical implant programmer/control transmitter monitoring system 
antenna gain relative to an isotropic antenna. For purposes of showing 
compliance with the above provision, the above calculated threshold 
power level must be increased or decreased by an amount equal to the 
monitoring system antenna gain above or below the gain of an isotropic 
antenna, respectively.
    (4) If no signal in a MICS channel above the monitoring threshold 
power level is detected, the medical implant programmer/control 
transmitter may initiate a MICS communications session involving 
transmissions to and from a medical implant device on that channel. The 
MICS communications session may continue as long as any silent period 
between consecutive data transmission bursts does not exceed 5 seconds. 
If a channel meeting the criteria in paragraph (a)(3) of this section 
is unavailable, the channel with the lowest ambient power level may be 
accessed.
    (5) When a channel is selected prior to a MICS communications 
session, it is permissible to select an alternate channel for use if 
communications is interrupted, provided that the alternate channel 
selected is the next best choice using the above criteria. The 
alternate channel may be accessed in the event a communications session 
is interrupted by interference. The following criteria must be met:
    (i) Before transmitting on the alternate channel, the channel must 
be monitored for a period of at least 10 milliseconds.
    (ii) The detected power level during this 10 millisecond or greater 
monitoring period must be no higher than 6 dB above the power level 
detected when the channel was chosen as the alternate channel.
    (iii) In the event that this alternate channel provision is not 
used by the MICS system or if the criteria in (i) and (ii) are not met, 
a channel must be selected using the access criteria specified in 
paragraphs (a)(1) through (a)(4) of this section.
    (6) As used in this section, the following definitions apply:
    (i) Emission bandwidth--Measured as the width of the signal between 
the points on either side of carrier center frequency that are 20 dB 
down relative to the maximum level of the modulated carrier. Compliance 
will be determined using instrumentation employing a peak detector 
function and a resolution bandwidth approximately equal to 1% of the 
emission bandwidth of the device under test.
    (ii) MICS channel--Any continuous segment of spectrum that is equal 
to the emission bandwidth of the device with the largest bandwidth that 
is to participate in a MICS communications session. (Note: The rules do 
not specify a channeling scheme for use by MICS systems.)
    (iii) MICS communications session--A collection of transmissions, 
that may or may not be continuous, between MICS system devices.
    (b) MICS communications sessions initiated by a medical implant 
event are not required to use the access criteria set forth in 
paragraph (a) of this section.
    (c) Stations may operate on any of the frequencies in the band 402-
405 MHz, provided that the out-of-band emissions are attenuated in 
accordance with Sec. 95.635.
    (d) The authorized bandwidth of the emission from a MICS station 
shall not exceed 300 kHz, and no communications session involving MICS 
stations shall use more than a total of 300 kHz of bandwidth during 
such a session. Note: This provision does not preclude full duplex or 
half duplex communications provided that the total amount of bandwidth 
utilized by all of the MICS channels employed in such a MICS 
communications session does not exceed 300 kHz.
    (e) Each transmitter in the MICS service must maintain a frequency 
stability of +/-100 ppm of the operating frequency over the range:
    (1) 25 deg.C to 45 deg.C in the case of medical implant 
transmitters; and
    (2) 0 deg.C to 55 deg.C in the case of medical implant programmer/
control transmitters.
    (f) The provisions of this section shall not be used to extend the 
range of spectrum occupied over space or time for the purpose denying 
fair access to spectrum for other MICS systems.
    12. Section 95.631 is amended by adding paragraph (h) to read as 
follows:


Sec. 95.631  Emission types.

* * * * *
    (h) A MICS station may transmit any emission type appropriate for 
communications in this service. Voice communications, however, are 
prohibited.
    13. Section 95.633 is amended by adding paragraph (e) to read as 
follows:


Sec. 95.633  Emission bandwidth.

* * * * *
    (e) For transmitters in the MICS:
    (1) The maximum authorized emission bandwidth is 300 kHz.
    (2) Lesser authorized emission bandwidths may be employed, provided 
that the unwanted emissions are

[[Page 69931]]

attenuated as provided in Sec. 95.635 and that the power radiated in 
any 300 kHz bandwidth does not exceed 25 microwatts EIRP. See 
Secs. 95.605 and 95.639(g) regarding power measurement procedures.
    (3) Emission bandwidth will be determined by measuring the width of 
the signal between two points, one below the carrier center frequency 
and one above the carrier center frequency, that are 20 dB down 
relative to the maximum level of the modulated carrier. Compliance with 
the emission bandwidth limit is based on the use of measurement 
instrumentation employing a peak detector function with an instrument 
resolution bandwidth approximately equal to 1.0 percent of the emission 
bandwidth of the device under measurement.
    14. Section 95.635 is amended by revising paragraph (b) and adding 
paragraph (d) to read as follows:


Sec. 95.635  Unwanted radiation.

* * * * *
    (b) The power of each unwanted emission shall be less than TP as 
specified in the applicable paragraphs listed in the following table:

------------------------------------------------------------------------
                                                           Applicable
          Transmitter                Emission type       paragraphs (b)
------------------------------------------------------------------------
GMRS..........................  A1D, A3E, F1D, G1D,     (1), (3), (7).
                                 F3E, G3E with
                                 filtering.
                                A1D, A3E, F1D, G1D,     (5), (6), (7).
                                 F3E, G3E without
                                 filtering.
                                H1D, J1D, R1D, H3E,     (2), (4), (7).
                                 J3E, R3E.
FRS...........................  F3E with filtering....  (1), (3), (7).
R/C:
    27 MHz....................  As specified in Sec.    (1), (3), (7).
                                 95.631(b).
    72-76 MHz.................  As specified in Sec.    (1), (3), (7),
                                 95.631(b).              (10), (11),
                                                         (12).
CB............................  A1D, A3E..............  (1), (3), (8),
                                                         (9).
                                H1D, J1D, R1D, H3E,     (2), (4), (8),
                                 J3E, R3E.               (9).
                                A1D, A3E type accepted  (1), (3), (7).
                                 before September 10,
                                 1976.
                                H1D,J1D, R1D, H3E,      (2), (4), (7).
                                 J3E, R3E type
                                 accepted before
                                 September 10, 1986.
LPRS..........................  As specified in         ................
                                 paragraph (c).
MICS..........................  As specified in         ................
                                 paragraph (d).
------------------------------------------------------------------------
Note 1--Filtering noted for GMRS and FRS transmitters refers to the
  requirement in Sec.  95.637(b).
Note 2--Unwanted R radiation may be stated in mean power or in peak
  envelope power, provided it is stated in the same parameter as T.
Note 3--Paragraphs (b)(1), (b)(10), (b)(11), and (b)(12) of this section
  apply to transmitters operating in the 72-76 MHz band that are
  manufactured or imported into the United States on or after March 1,
  1992, or marketed or sold on or after March 1, 1993. Paragraphs
  (b)(1), (b)(3), and (b)(7) of this section apply to transmitters
  operating in the 72-76 MHz band manufactured or imported into the
  United States before March 1, 1992, or marketed before March 1, 1993.
Note 4--If spurious or harmonic emissions result in harmful interference
  (any transmission, radiation or induction that endangers the
  functioning of a radionavigation or other safety service or seriously
  degrades, obstructs or repeatedly interrupts a radiocommunication
  service operating in accordance with applicable laws, treaties and
  regulations), the FCC may, at its discretion, require appropriate
  technical changes in the station equipment to alleviate the
  interference, including the use of a low pass filter between the
  transmitter antenna terminals and the antenna feed line.

    (1) At least 25 dB (decibels) on any frequency removed from the 
center of the authorized bandwidth by more than 50% up to and including 
100% of the authorized bandwidth.
    (2) At least 25 dB on any frequency removed from the center of the 
authorized bandwidth by more than 50% up to and including 150% of the 
authorized bandwidth.
    (3) At least 35 dB on any frequency removed from the center of the 
authorized bandwidth by more than 100% up to and including 250% of the 
authorized bandwidth.
    (4) At least 35 dB on any frequency removed from the center of the 
authorized bandwidth by more than 150% up to and including 250% of the 
authorized bandwidth.
    (5) At least 83 log10 (fd/5) dB on any 
frequency removed from the center of the authorized bandwidth by a 
displacement frequency (fd in kHz), of more than 5 kHz up to 
and including 10 kHz.
    (6) At least 116 log10 (fd/6.1) dB, or if 
less, 50 + 10 log10 (T) dB, on any frequency removed from 
the center of the authorized bandwidth by a displacement frequency 
(fd in kHz), of more than 10 kHz up to and including 250% of 
the authorized bandwidth.
    (7) At least 43 + 10 log10 (T) dB on any frequency 
removed from the center of the authorized bandwidth by more than 250%.
    (8) At least 53 + 10 log10 (T) dB on any frequency 
removed from the center of the authorized bandwidth by more than 250%.
    (9) At least 60 dB on any frequency twice or greater than twice the 
fundamental frequency.
    (10) At least 45 dB on any frequency removed from the center of the 
authorized bandwidth by more than 100% up to and including 125% of the 
authorized bandwidth.
    (11) At least 55 dB on any frequency removed from the center of the 
authorized bandwidth by more than 125% up to and including 250% of the 
authorized bandwidth.
    (12) At least 56 + 10 log10 (T) dB on any frequency 
removed from the center of the authorized bandwidth by more than 250%.
* * * * *
    (d) For transmitters designed to operate in the MICS, emissions 
shall be attenuated in accordance with the following:
    (1) Emissions more than 250 kHz outside of the MICS band (402-405 
MHz) shall be attenuated to a level no greater than the following field 
strength limits:

------------------------------------------------------------------------
                                                   Field
                                                 strength    Measurement
               Frequency (MHz)                 (V/    distance
                                                    m)           (m)
------------------------------------------------------------------------
30-88........................................           100            3
88-216.......................................           150            3
216-960......................................           200            3
960 and above................................           500           3
------------------------------------------------------------------------
Note--At band edges, the tighter limit applies.

    (2) The emission limits shown in the above table are based on 
measurements employing a CISPR quasi-peak detector except that above 1 
GHz, the limit is based on measurements employing an average detector. 
Measurements above 1 GHz shall be performed using a minimum resolution 
bandwidth of 1 MHz. See also Sec. 95.605.
    (3) The emissions from a MICS transmitter must be measured to at 
least the tenth harmonic of the highest

[[Page 69932]]

fundamental frequency designed to be emitted by the transmitter.
    (4) Emissions within the MICS band (402-405 MHz) more than 150 kHz 
away from the center frequency of the spectrum the transmission is 
intended to occupy, will be attenuated below the transmitter output 
power by at least 20 dB. Compliance with this limit is based on the use 
of measurement instrumentation employing a peak detector function with 
an instrument resolution bandwidth approximately equal to 1.0 percent 
of the emission bandwidth of the device under measurement.
    (5) Emissions 250 kHz or less that are above and below the MICS 
band (402-405 MHz) will be attenuated below the maximum permitted 
output power by at least 20 dB. Compliance with this limit is based on 
the use of measurement instrumentation employing a peak detector 
function with an instrument resolution bandwidth approximately equal to 
1.0 percent of the emission bandwidth of the device under measurement.
    15. Section 95.639 is amended by adding paragraph (f) to read as 
follows:


Sec. 95.639  Maximum transmitter power.

* * * * *
    (f) In the MICS the following limits apply:
    (1) The maximum EIRP for MICS transmitter stations is 25 
microwatts. The antenna associated with any MICS transmitter must be 
supplied with the transmitter and shall be considered part of the 
transmitter subject to equipment authorization. Compliance of any MICS 
transmitter with the 25 microwatts EIRP limit may be determined by 
measuring the radiated field from the equipment under test at 3 meters 
and calculating the EIRP. The equivalent radiated field strength at 3 
meters for 25 microwatts EIRP is 18.2 mV/meter when measured on an open 
area test site, or 9.1 mV/meter when measured on a test site equivalent 
to free space such as a fully anechoic test chamber. In either case, 
compliance is based on measurements using a peak detector function and 
measured over an interval of time when transmission is continuous and 
at its maximum power level. In lieu of using a peak detector function, 
instrumentation techniques set forth in ANSI C63.17-1998, Section 
6.1.2.2.1 or Section 6.1.2.2.2 may be used in determining compliance 
with the above specifications.
    (2) For a transmitter intended to be implanted in a human body, the 
following test fixture must be used to simulate operation of the 
implant under actual operating conditions. See Sec. 95.605.
    (i) For measurement purposes to determine compliance with emission 
limits, the radiating characteristics of an implant transmitter placed 
in a test fixture should approximate those of an implant transmitter 
placed in a human body. An appropriate human torso simulator for 
testing medical implant transmitters consists of a cylindrical 
Plexiglas container with a size of 30 cm by 76 cm with a sidewall 
thickness of 0.635 cm. It must be completely filled with a material 
that is sufficiently fluidic that it will flow around the implant 
without any voids. The dielectric and conductivity properties of this 
material must match the dielectric and conductivity properties of human 
muscle tissue at 403.5 MHz. All emissions measurements will be made 
using the above specification at a nominal temperature of 20-25 deg.C. 
Simple saline solutions do not meet the above criteria. A mounting grid 
for the implant inside the container must be provided that permits the 
radiating element or elements of the implant to be positioned 
vertically and horizontally. The grid should also support any 
additional implant leads associated with the therapeutic function in a 
fixed repeatable manner. The implant must be mounted 6 cm from the 
sidewall and centered vertically within the container. The above 
fixture shall be placed on a turntable such that the implant 
transmitter will be located at a nominal 1.5-meter height above ground 
and at a 3-meter distance from the measurement antenna. Radiated 
emissions measurements shall then be performed to insure compliance 
with the applicable technical specifications.
    (ii) A formula for a suitable tissue substitute material is defined 
in the paper ``Simulated Biological Materials for Electromagnetic 
Radiation Absorption Studies'' by G. Hartsgrove, A. Kraszewski, and A. 
Surowiec as published in ``Bioelectromagnetics 8:29-36 (1987)''.
    (3) The power radiated in any 300 kHz bandwidth shall not exceed 25 
microwatts EIRP. See Secs. 95.633(e) and 95.639(g).
    16. Section 95.649 is revised to read as follows:


Sec. 95.649  Power capability.

    No FRS, R/C, CB, LPRS, or MICS transmitter shall incorporate 
provisions for increasing its transmitter power to any level in excess 
of the limits specified in Sec. 95.639.
    17. Section 95.651 is revised to read as follows:


Sec. 95.651  Crystal control required.

    All transmitters used in the Personal Radio Services must be 
crystal controlled, except an R/C station that transmits in the 26-27 
MHz frequency band, a FRS unit, a LPRS unit, or a MICS transmitter.
    18. APPENDIX 1 TO SUBPART E TO PART 95--GLOSSARY OF TERMS is 
revised to read as follows:

Appendix 1 to Subpart E to Part 95--Glossary of Terms

    The definitions used in part 95, Subpart E are:
    Authorized bandwidth. Maximum permissible bandwidth of a 
transmission.
    Carrier power. Average TP during one unmodulated RF cycle.
    CB. Citizens Band Radio Service.
    CB transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the CB.
    Channel frequencies. Reference frequencies from which the 
carrier frequency, suppressed or otherwise, may not deviate by more 
than the specified frequency tolerance.
    Crystal. Quartz piezo-electric element.
    Crystal controlled. Use of a crystal to establish the 
transmitted frequency.
    dB. Decibels.
    EIRP. Effective Isotropic Radiated Power. Antenna input power 
times gain for free-space or in-tissue measurement configurations 
required by MICS, expressed in watts, where the gain is referenced 
to an isotropic radiator.
    FCC. Federal Communications Commission.
    Filtering. Refers to the requirement in Sec. 95.633(b).
    FRS. Family Radio Service.
    GMRS. General Mobile Radio Service.
    GMRS transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the GMRS.
    Harmful interference. Any transmission, radiation or induction 
that endangers the functioning of a radionavigation or other safety 
service or seriously degrades, obstructs or repeatedly interrupts a 
radiocommunication service operating in accordance with applicable 
laws, treaties and regulations.
    Mean power. TP averaged over at least 30 cycles of the lowest 
modulating frequency, typically 0.1 seconds at maximum power.
    MICS. Medical Implant Communications Service.
    Medical implant device. Apparatus that is placed inside the 
human body for the purpose of performing diagnostic or therapeutic 
functions.
    Medical implant event. An occurrence or the lack of an 
occurrence recognized by a medical implant device, or a duly 
authorized health care professional, that requires the transmission 
of data from a medical implant transmitter in order to protect the 
safety or well-being of the person in whom the medical implant 
transmitter has been implanted.
    Medical implant communications service (MICS) transmitter. A 
transmitter authorized to operate in the MICS.

[[Page 69933]]

    Medical implant programmer/control transmitter. A MICS 
transmitter that operates or is designed to operate outside of a 
human body for the purpose of communicating with a receiver 
connected to a medical implant device.
    Medical implant transmitter. A MICS transmitter that operates or 
is designed to operate within a human body for the purpose of 
facilitating communications from a medical implant device.
    Peak envelope power. TP averaged during one RF cycle at the 
highest crest of the modulation envelope.
    R/C. Radio Control Radio Service.
    R/C transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the R/C.
    RF. Radio frequency.
    Transmitter. Apparatus that converts electrical energy received 
from a source into RF energy capable of being radiated.
    TP. RF transmitter power expressed in W, either mean or peak 
envelope, as measured at the transmitter output antenna terminals.
    W. Watts.

    19. Section 95.1019 is revised to read as follows:


Sec. 95.1019  Marketing limitations.

    Transmitters intended for operation in the LPRS may be marketed and 
sold only for those uses described in Sec. 95.1009.

Subpart H--[Reserved]

    20. Subpart H is added and reserved.
    21. Subpart I is added to read as follows:

Subpart I--Medical Implant Comminications (MICS)

Sec.
95.1201 Eligibility.
95.1203 Authorized locations.
95.1205 Station identification.
95.1207 Station inspection.
95.1209 Permissible communications.
95.1211 Channel use policy.
95.1213 Antennas.
95.1215 Disclosure policies.
95.1217 Labeling requirements.
95.1219 Marketing limitations.


Sec. 95.1201  Eligibility.

    Operation in the MICS is permitted by rule and without an 
individual license issued by the FCC. A person is permitted to operate 
medical implant transmitters connected to medical implant devices that 
have been implanted in that person by a duly authorized health care 
professional and medical implant programmer/control transmitters 
associated with their medical implant transmitter(s). Duly authorized 
health care professionals are permitted by rule to operate MICS 
transmitters. Manufacturers of medical implant devices and MICS 
transmitters and their representatives are authorized to operate 
transmitters in this service for the purpose of demonstrating such 
equipment to duly authorized health care professionals. No entity that 
is a foreign government or which is acting in its capacity as a 
representative of a foreign government is eligible to operate a MICS 
transmitter. The term ``duly authorized health care professional'' 
means a physician or other individual authorized under state or federal 
law to provide health care services using medical implant devices. 
Operations that comply with the requirements of this part may be 
conducted under manual or automatic control.


Sec. 95.1203  Authorized locations.

    MICS operation is authorized anywhere CB station operation is 
authorized under Sec. 95.405.


Sec. 95.1205  Station Identification.

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


Sec. 95.1207  Station inspection.

    All non-implanted MICS apparatus must be made available for 
inspection upon request by an authorized FCC representative. Persons 
operating implanted medical implant transmitters shall cooperate 
reasonably with duly authorized FCC representatives in the resolution 
of interference.


Sec. 95.1209  Permissible communications.

    (a) Except for the purposes of testing and for demonstrations to 
health care professionals, medical implant programmer/control 
transmitters may transmit only operational, diagnostic and therapeutic 
information associated with a medical implant device that has been 
implanted by a duly authorized health care professional.
    (b) Except in response to a medical implant event, no medical 
implant transmitter shall transmit except in response to a transmission 
from a medical implant programmer/control transmitter or a non-radio 
frequency actuation signal generated by a device external to the body 
in which the medical implant transmitter is implanted or is to be 
implanted.
    (c) Medical implant programmer/control transmitters may be 
interconnected with other telecommunications systems including the 
public switched telephone network.
    (d) Medical implant programmer/control transmitters may transmit 
during a MICS communications session, as defined in Sec. 95.628, for 
the purpose of facilitating MICS system operation for no more than 5 
seconds without the communications of data.
    (e) Medical implant programmer/control transmitters may not be used 
to relay information to a receiver that is not included with a medical 
implant device. Wireless retransmission of information intended to be 
transmitted by a medical implant programmer/control transmitter or 
information received from a medical implant transmitter shall be 
conducted using other radio services that operate in spectrum outside 
of the MICS band.


Sec. 95.1211  Channel use policy.

    (a) The channels authorized for MICS operation by this part of the 
FCC Rules are available on a shared basis only and will not be assigned 
for the exclusive use of any entity.
    (b) Those using MICS transmitters must cooperate in the selection 
and use of channels in order to reduce interference and make the most 
effective use of the authorized facilities. Channels must be selected 
in an effort to avoid interference to other MICS transmissions. See 
Sec. 95.628.
    (c) Operation is subject to the condition that no harmful 
interference is caused to stations operating in the 400.150-406.000 MHz 
band in the Meteorological Aids, Meteorological Satellite, or Earth 
Exploration Satellite Services. MICS stations must accept any 
interference from stations operating in the 400.150-406.000 MHz band in 
the Meteorological Aids, Meteorological Satellite, or Earth Exploration 
Satellite Services.


Sec. 95.1213  Antennas.

    No antenna for a medical implant programmer/control transmitter 
shall be configured for permanent outdoor use, provided, however, that 
any antenna used outdoors shall not be affixed to any structure for 
which the height to the tip of the antenna will exceed three (3) meters 
(9.8 feet) above ground.


Sec. 95.1215  Disclosure polices.

    (a) Manufacturers of MICS transmitters must include with each 
transmitting device the following statement: ``This transmitter is 
authorized by rule under the Medical Implant Communications Service 
(part 95 of the FCC Rules) and must not cause harmful interference to 
stations operating in the 400.150-406.000 MHz band in the 
Meteorological Aids (i.e. transmitters and receivers used to 
communicate weather data), the Meteorological Satellite, or the Earth 
Exploration Satellite Services and must accept interference that may be 
caused by such aids, including interference that may cause undesired 
operation. This transmitter shall be used only in accordance with the 
FCC Rules governing the Medical Implant Communications Service. Analog 
and digital voice communications are prohibited. Although this 
transmitter has been approved by the Federal Communications Commission, 
there is no guarantee that it will not receive

[[Page 69934]]

interference or that any particular transmission from this transmitter 
will be free from interference.''


Sec. 95.1217  Labeling requirements.

    (a) Medical implant programmer/controller transmitters shall be 
labeled as provided in part 2 of this chapter and shall bear the 
following statement in a conspicuous location on the device:
    This device may not interfere with stations operating in the 
400.150-406.000 MHz band in the Meteorological Aids, Meteorological 
Satellite, and Earth Exploration Satellite Services and must accept any 
interference received, including interference that may cause undesired 
operation.
    (b) Where a medical implant programmer/control transmitter is 
constructed in two or more sections connected by wire and marketed 
together, the statement specified in this section is required to be 
affixed only to the main control unit.
    (c) Medical implant transmitters shall be identified with a serial 
number. The FCC ID number associated with the transmitter and the 
information required by Sec. 2.925 of the FCC Rules may be placed in 
the instruction manual for the transmitter and on the shipping 
container for the transmitter, in lieu of being placed directly on the 
transmitter.


Sec. 95.1219  Marketing limitations.

    Transmitters intended for operation in the MICS may be marketed and 
sold only for those uses described in Sec. 95.1209 of this part.

[FR Doc. 99-32454 Filed 12-14-99; 8:45 am]
BILLING CODE 6712-01-P