[Federal Register Volume 67, Number 109 (Thursday, June 6, 2002)]
[Rules and Regulations]
[Pages 38903-38904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14173]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 95-177; FCC 02-135]


Biomedical Telemetry Transmitters

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial.

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SUMMARY: This document dismisses a petition for reconsideration filed 
by the Cellular Phone Taskforce concerning the effects of radio 
frequency radiation on ``electrosensitive'' individuals, and denies a 
petition for partial reconsideration concerning separation distances 
filed by the National Association of Broadcasters.

FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Office of Engineering 
and Technology, (202) 418-7506.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, ET Docket No. 95-177, FCC 02-135, adopted 
May 2, 2002, and released May 13, 2002. The full text of this document 
is available for inspection and copying during regular business hours 
in the FCC Reference Center (Room CY-A257), 445 12th Street, SW, 
Washington, DC 20554. The complete text of this document also may be 
purchased from the Commission's copy contractor, Qualex International, 
445 12th Street, SW., Room, CY-B402, Washington, DC 20554. The full 
text may also be downloaded at: www.fcc.gov. Alternative formats are 
available to persons with disabilities by contacting Brian Millin at 
(202) 418-7426 or TTY (202) 418-7365.

Summary of the Memorandum Opinion and Order

    1. In October 1997, the Commission adopted a Report and Order (R&O) 
that increased the maximum permitted signal strength for medical 
telemetry transmitters operating in the broadcast television bands 
under Part 15 of the rules. The R&O also permitted these devices to 
operate on TV channels 14-46 in addition to TV channels 7-13 where they 
already were permitted to operate. To prevent interference to TV 
broadcast signals, minimum required separation distances were 
established between medical telemetry transmitters and the Grade B 
contours of co-channel analog TV stations. No separation distances were 
proposed or established between medical telemetry transmitters and the 
noise limited service contours of digital TV stations, but medical 
telemetry transmitters must operate on a non-interference basis to 
digital TV and to all other authorized services.
    2. Two parties filed petitions for reconsideration of the rules 
adopted in the R&O. The Cellular Phone Taskforce (CPT) claims that the 
transmission levels permitted in the rules are too high and are 
therefore discriminatory because they will adversely affect persons who 
are extremely sensitive to electromagnetic fields. The National 
Association of Broadcasters (NAB) claims that the rules do not provide 
adequate protection to analog TV broadcast signals from interference 
caused by medical telemetry transmitters. NAB states that we used a 
desired-to-undesired (D/U) signal ratio that was too low in calculating 
the minimum required separation distances between medical telemetry 
transmitters and the Grade B contours of co-channel TV stations. NAB's 
petition did not address the issue of protecting digital TV signals 
from interference by medical telemetry equipment.
    3. Prior to the adoption of the Report and Order in this 
proceeding, the Commission addressed in another proceeding CPT's 
arguments that stringent standards for RF emissions should be 
established to protect persons who are adversely affected by exposure 
to low-level electromagnetic fields. More specifically, in 1996, CPT 
filed a petition for reconsideration in ET Docket 93-62, which adopted 
new guidelines and methods for evaluating the environmental effects of 
radio frequency (RF) radiation from FCC-regulated transmitters. CPT's 
petition in that proceeding argued that stricter RF emission limits 
were necessary to protect persons who are ``electrosensitive.'' The 
Commission denied CPT's petition on August 25, 1997, stating that the 
RF safety rules adopted in that proceeding were based on the 
recommendations of expert organizations and federal agencies with 
responsibilities for health and safety, and that it was not practicable 
for the Commission to independently evaluate studies of biological 
effects, especially concerning controversial issues such as whether 
some persons are ``electrosensitive.'' CPT appealed the Commission's 
decision in ET Docket 93-62 at the same time it petitioned for 
reconsideration of the Commission's decision in this proceeding. The 
Court affirmed the Commission's decision to rely on standards 
formulated by expert organizations and agencies. In denying a 
rehearing, the Court specifically concluded, in response to CPT's 
claims of discrimination against handicapped persons, that the American 
with Disabilities Act (42 U.S.C. 12101 et seq.) did not apply to the 
Commission's decision and that arguments made under the Rehabilitation 
Act (29 U.S.C. 701 et seq.) were without merit. Because the essence of 
CPT's arguments here have already been addressed by the Commission in 
ET Docket 93-62 and the Commission's decision in that proceeding has 
been affirmed on appeal, we are dismissing CPT's petition for 
reconsideration in this proceeding.
    4. We find that the 45 dB D/U signal ratio we selected to determine 
the required separation distances between medical telemetry 
transmitters and TV grade B contours is appropriate. This ratio was 
originally adopted by the Commission in 1952 to protect TV stations 
from interference from co-channel TV stations at the Grade B

[[Page 38904]]

contour. It is specified in Part 74 of the Commission rules to protect 
analog TV signals from co-channel interference from low power TV, TV 
translator or TV booster stations. This ratio provides greater 
protection than the 34 dB ratio specified in Part 73 to protect analog 
TV signals from interference from digital TV signals. We find that the 
D/U ratios recommended by National Association of Broadcasters are 
overly protective and thus affirm our decision to base the separation 
rules on a 45 dB D/U ratio.
    5. While we find that the rules we adopted are adequate to prevent 
interference, we also note that recent Commission actions will serve to 
reduce the number of medical telemetry users in the TV bands. 
Subsequent to this proceeding, the Commission allocated three new 
frequency bands where medical telemetry can operate on a primary basis. 
In allocating these bands, our goal was not only to provide spectrum 
where medical telemetry can operate without interference, but also to 
encourage medical telemetry users to migrate out of the current bands. 
To accomplish this transition, the Commission will cease approving 
medical telemetry equipment that can operate in the TV bands starting 
October 16, 2002. While there is no cutoff on the marketing and use of 
medical telemetry equipment approved prior to that date, we expect that 
the use of medical telemetry equipment in the TV bands will gradually 
cease as equipment that operates in the newly allocated bands is 
deployed to replace older equipment.
    6. Pursuant to the authority contained in sections 4(i), 301, 302, 
303(e), 303(f), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), and 303(r), the 
Petition for Reconsideration filed by the Cellular Phone Taskforce is 
dismissed.
    7. Pursuant to the authority contained in sections 4(i), 301, 302, 
303(e), 303(f), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), and 303(r), the 
Petition for Partial Reconsideration filed by the National Association 
of Broadcasters is denied.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio, Report and recordkeeping 
requirements.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-14173 Filed 6-5-02; 8:45 am]
BILLING CODE 6712-01-P