[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60092-60100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23519]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 95

[ET Docket No. 08-59; FCC 14-124]


Medical Body Area Network

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document addresses an Order on Reconsideration and Second 
Report and Order in which the Commission takes further actions to 
foster the development and deployment of new and innovative Medical 
Body Area Network (MBAN) devices. In addressing petitions for 
reconsideration of the First Report and Order in this proceeding, the 
Commission provides MBAN users with additional flexibility to enable 
the implementation of technical standards being developed for MBAN 
devices, and clarify and modify portions of its rules to facilitate the 
coordination, deployment, and use of MBAN systems. In the Second Report 
and Order portion in this proceeding, the Commission finalizes the 
process for selecting a MBAN Coordinator. This coordinator will 
facilitate use of the MBAN frequencies, which operate in shared-use 
bands. Collectively, our actions will allow the development of new and 
innovative health care applications.

DATES: Effective November 5, 2014, except for Sec.  95.1225(c), which 
contains information collection requirements that have not been 
approved by the Office of Management and Budget (OMB). The Commission 
will publish a document in the Federal Register announcing the 
effective date of Sec.  95.1225(c).

FOR FURTHER INFORMATION CONTACT: Jamison Prime, (202) 418-7474, 
[email protected] or Brian Butler (202) 418-2702, 
[email protected], Office of Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration and Second Report and Order, ET Docket No. 08-59, 
FCC 14-124, adopted August 20, 2014 and released August 21, 2014. The 
full text of this document is available for inspection and copying 
during normal 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, Best Copy and Printing, Inc., 445 12th Street SW., Room, 
CY-B402, Washington, DC 20554. The full text may also be downloaded at: 
www.fcc.gov. People with Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).

Summary of Order on Reconsideration

    1. In the Order on Reconsideration and Second Report and Order, the 
Commission took further actions to foster the development and 
deployment of new and innovative Medical Body Area Network (MBAN) 
devices. MBAN technology provides a platform for the wireless 
networking of multiple body-worn sensors used for measuring and 
recording physiological parameters and other patient information or for 
performing diagnostic or therapeutic functions, primarily in health 
care facilities. By addressing petitions for reconsideration of the 
First Report and Order in this proceeding, we provided MBAN users with 
additional flexibility to enable the implementation of technical 
standards being developed for MBAN devices, and clarified and modified 
portions of our rules to facilitate the coordination, deployment, and 
use of MBAN systems.

Authorized Locations

    2. Health Care Facilities. The Commission revised Sec.  95.1203 of 
its rules to limit use of the 2360-2390 MHz band to hospitals and other 
establishments that offer services, facilities and beds for use beyond 
a 24-hour period in rendering medical treatment. It eliminated a 
portion of the definition that included institutions and organizations 
regularly engaged in providing medical services through clinics, public 
health facilities, and similar establishments, including government 
entities and agencies such as Veterans Administration hospitals. By 
limiting the types (and, thus, the numbers) of medical institutions in 
the 2360-2390 MHz band, the Commission intended to make it easier for 
both the MBAN and AMT coordinators to establish, implement and enforce 
efficient and effective coordination procedures. Further, it found that 
limiting potential locations would simplify their efforts to identify 
and remedy any harmful interference in the extremely unlikely event it 
occurs.
    3. Although GE Healthcare, Phillips Healthcare, and the Aerospace 
and Flight Test Radio Coordinating Council (AFTRCC) (the'' Joint 
Parties'') had suggested this approach as part of their comprehensive 
set of proposed rules, they had not discussed the rationale for this 
limitation until the filing of their Petition for Reconsideration. 
Because the Petition for Reconsideration stated with particularity the 
reasons why the Commission should adopt their proposed authorized 
locations definition, it found that the public interest would be it 
served by taking the Joint Parties' facts and arguments into 
consideration.
    4. As part of this decision, the Commission determined that, 
because the existing MBAN standard will support numerous patients in 
the 2390-2400 MHz band, and because frequency reuse techniques can 
augment that capacity in many situations, no health care facilities--
including those that do not qualify for use of the 2360-2390 MHz band--
will be precluded from operating MBAN systems. For this reason, the 
Commission disagreed with SmartEdgeNet that health care providers will 
be ``denied the benefits of MBAN'' if the Commission limited the 
authorized locations as requested.
    5. Antenna Locations. In their Petition for Reconsideration, the 
Joint Parties claimed that Sec.  95.1213, titled ``Antennas,'' appeared 
to exclude the installation of outdoor antennas for the 2390-2400 MHz 
band at locations above a building's first floor, such as balconies and 
roof terraces, and that this was not the intent of the rule. Upon 
reconsideration, the Commission agreed and expressly found that it was 
not necessary to apply antenna height restrictions--which were 
originally intended as a constraint on temporary outdoor use of 
MedRadio antennas regardless of the band in which the transmitter 
operated--to antennas used for MedRadio transmitters operating in the 
2390-2400 MHz band.
    6. The Commission concluded that, based on the permissible outdoor 
use in this band and the relatively low power operations of MBAN 
transmitters (which effectively limits any gain in

[[Page 60093]]

coverage that is often associated with increased antenna height), there 
is no need to prescribe a specific antenna height limit (for either 
permanent or temporary outdoor antennas used for this band) and revised 
Sec.  95.1213 as set forth in the rules.

MBAN Definition and Permissible Communications

    7. MBAN Configurations with a Single Body-Worn Device. The 
Commission amended Appendix 1 to subpart E of part 95 (``Glossary of 
Terms'') to define an MBAN as a low power network consisting of a 
MedRadio programmer/control transmitter and one or more medical body-
worn devices. The Commission found the argument of the Joint Parties 
that the pairing of a programmer/control transmitter with a single 
body-worn device ``will likely be common'' was plausible, concluding 
that there could be times where best treatment practices could require 
the use of only a single body-worn device.
    8. Use of Bedside Devices. Under the Commission's rules as adopted 
in the First Report and Order, a medical body-worn device is defined as 
an apparatus that is placed on or in close proximity to the human body 
(e.g., within a few centimeters) for the purpose of performing 
diagnostic or therapeutic functions. The Commission clarified that 
bedside devices, which would require a physical attachment to the 
patient (e.g. by wire or tube), would meet the definition even though 
there are other parts of the apparatus that are located away from the 
body. The Commission further clarified that the ``few centimeters'' 
language in the rule should be read as a general example and not the 
codification of a specific distance requirement. Based on this 
clarification, the Commission did not grant the Joint Parties request 
to modify the rule to remove the ``few centimeters'' language.
    9. Allowing Greater Flexibility in Designing MBAN Systems. Together 
Sec.  95.1209(g) (``Permissible Communications'') and the MBAN 
definition contained in Appendix 1, subpart E of the part 95 Rules 
(``Glossary of Terms'') established the MedRadio programmer/control 
transmitter and the medical body-worn device as distinct elements that 
must be present in every MBAN; allow body-worn transmitters to relay 
information in the 2360-2400 MHz band only to a programmer/control 
transmitter that is part of the same MBAN; and prohibit a programmer/
control transmitter from using the 2360-2400 MHz band to relay 
information to another programmer/control transmitter.
    10. The Commission modified existing rule Sec.  95.1209(g) to 
provide an exception to permit communications between programmer/
control transmitters of different MBAN systems for the sole purpose of 
avoiding interference to each other, based on the text of the existing 
MedRadio rules for Medical Micropower Networks. It recognized that 
allowing MBAN systems in the 2360-2390 MHz band (as well as the 2390-
2400 MHz band) to coordinate use among themselves of the available MBAN 
frequencies could promote efficient spectrum use. The Commission 
emphasized that it considered the modified requirement to be a limited 
exception to the general rule and, in agreement with the Joint Parties, 
noted that programmer/control transmitters would continue to be barred 
from relaying the control message to each other. It retained the 
prohibition on programmer/control transmitters relaying other 
information (such as medical data) to each other.
    11. The Commission amended Sec.  95.1209 of the rules to eliminate 
the language that precludes body-worn devices from communicating with 
other body-worn devices in the 2360-2400 MHz band. It recognized that 
doing so could potentially enhance patient welfare by preserving 
battery life and enhancing signal strength in situations that may 
adversely affect the reception of data. Further, the Commission noted 
that the adoption of industry standards, it may have made it both 
feasible and practical to produce such equipment.
    12. Additionally, the Joint Parties asked that the Commission allow 
either a programmer/control transmitter or a body-worn device to 
perform as a ``coordinator node'' in an MBAN system. According to the 
Joint Parties, coordinator node is the ``. . . term used in IEEE 
802.15.6 for the node responsible for coordinating the MAC function 
(e.g., assigning TDMA slots to other nodes) and being the main routing 
hub for communication with all other nodes in the MBAN star topology.'' 
As an example, the Joint Parties described a scenario in which a body-
worn device serves as a coordinator node to transmit information 
related to the technical operation of the network (e.g., what 
communication protocols to use) to other body-worn devices within the 
MBAN system and aggregate the patient data that it receives from other 
body-worn devices. Because the Commission decided to permit a body-worn 
device within an MBAN system to communicate with another body-worn 
device, it concluded that the Joint Parties would be able to design 
MBAN systems consistent with their request under the existing rules and 
that no rule modifications were necessary.
    13. 2390-2400 MHz band. The Commission denied the Joint Parties' 
request to eliminate all restrictions on MBAN systems that operate in 
the 2390-2400 MHz band. Such a change would have allowed networks that 
consist of multiple programmer/control transmitters, networks that do 
not include any programmer/control transmitters, and networks in which 
different groups of programmer/control transmitters and body-worn 
devices communicate between and among each other. The Commission 
disagreed with the Joint Parties' assertion that the rationale for the 
MBAN system design requirements in Sec.  95.1209(g) related exclusively 
to concerns in the 2360-2390 MHz band and applying the restriction to 
the 2390-2400 MHz band served no purpose. Instead, it noted that 
entities operating in the 2360-2390 MHz band may need to default to the 
2390-2400 MHz band and found that it would be unwise to further 
complicate such transitions by allowing the band to be populated by 
medical devices operating under many different system designs. 
Nevertheless, the Commission did note that the First Report and Order 
left open the potential to revisit the permissible use restrictions 
after gaining further experience with MBAN operations and it deemed 
continuing this approach to be reasonable and appropriate to the 
circumstances.

Device Operation

    14. In the First Report and Order, the Commission adopted 
transmission requirements for the component parts of an MBAN--the 
programmer/control transmitters and body-worn devices. The Commission 
applied much of the existing MedRadio rule on ``Permissible 
Communications,'' 47 CFR 95.1209, to MBAN operation. Among these 
requirements, Sec.  95.1209(b), in pertinent part, addresses the 
operation of body-worn devices by stating that no MedRadio implant or 
body-worn transmitter shall transmit except in response to a 
transmission from a MedRadio programmer/control transmitter or in 
response to a non-radio frequency actuation signal generated by a 
device external to the body with respect to which the MedRadio implant 
or body-worn transmitter is used.
    Additionally, with regard to programmer/control transmitters, Sec.  
95.628(c) states that a MedRadio programmer/control transmitter shall 
not commence operating and shall automatically cease operating in the 
2360-2390 MHz band if it does not receive, in accordance with the

[[Page 60094]]

protocols specified by the manufacturer, a control message permitting 
such operation. Additionally, a MedRadio programmer/control transmitter 
operating in the 2360-2390 MHz band shall comply with a control message 
that notifies the device to limit its transmissions to segments of the 
2360-2390 MHz band or to cease operation in the band.
    15. The Joint Parties asserted that Sec.  95.1209 as adopted in the 
First Report and Order permitted only a polled media access control 
(MAC) protocol--that is, that the only time a body-worn device can 
operate is immediately after the receipt of a transmission from the 
programmer/control transmitter. The Commission found that this 
assertion was based upon an overly narrow reading of the rule and was 
inconsistent with the language of the First Report and Order. It stated 
that while a polled access scenario would comply with the rules, other 
access modes are permissible provided that the body-worn devices 
operate in response to whatever instructions are transmitted by their 
associated programmer/control transmitter. The Commission thus 
determined that the rules allow sufficient flexibility to account for 
the Joint Parties' concerns and made no changes to the rule.
    16. The Commission modified Sec.  95.628(c) of the rules, as shown 
below, to clearly state that body-worn transmitters must be capable of 
ceasing transmissions when necessary to avoid interference in the 2360-
2390 MHz band. It agreed that it is ``critical that all MBAN devices . 
. . cease operation in 2360-2390 MHz in the absence of a control 
message,'' and noted that, because the rules adopted in the First 
Report and Order require a programmer/control transmitter operating in 
the 2360-2390 MHz that fails to receive a control message to cease 
operation and allow body-worn transmitters to transmit only in response 
to a transmission from the programmer/control transmitter, such a 
requirement was already implicit.

Coordination and Registration

    17. Registration Requirement for the 2390-2400 MHz Band. In the 
First Report and Order, the Commission adopted a registration 
requirement for the 2360-2390 MHz band to facilitate coordination with 
AMT operations in that band, but it did not adopt a registration 
requirement for the 2390-2400 MHz band. On reconsideration, the 
Commission amended its rules to require that entities preparing to use 
the 2390-2400 MHz band with equipment that is capable of also operating 
in the 2360-2390 MHz band and who are eligible to operate MBAN systems 
in the 2360-2390 MHz band register the MBAN system--regardless of 
whether they have any current intent to eventually use the 2360-2390 
MHz band capacity of their equipment. The Commission agreed with ASHE 
that such a requirement will give the coordinator and health care 
facilities a more complete understanding of the current and potential 
local spectrum environment for MBANs and will allow qualifying health 
care facilities (and their equipment vendors and installers) to better 
plan their facilities with respect to appropriate efficient network 
architecture and systems planning and implementation. The Commission 
further noted that the modified registration requirement is more 
limited and less burdensome than a more comprehensive requirement that 
the Commission rejected in the First Report and Order, and concluded 
that the benefits of providing the MBAN coordinator with this important 
additional information outweigh the fairly slight increase in 
registration costs for the limited number of MBAN operators discussed.
    18. Registration Requirement for the 2360-2390 MHz Band. In the 
First Report and Order, the Commission required all MBAN devices 
operating in the 2360-2390 MHz band to be registered with a frequency 
coordinator, and adopted Sec.  95.1223 addressing MBAN registration and 
coordination. Upon reconsideration, the Commission agreed with the 
Joint Parties that the language in Sec.  95.1223(a) that required 
registration of all MBAN devices a health care facility proposes to 
operate in the 2360-2390 MHz band was broader than necessary. It also 
noted that, while the introductory text in Sec.  95.1223(a) suggests 
that all MBAN devices should be registered, the registration 
information specified in subparts (1) through (7) of the rule does not 
address body-worn devices. Furthermore, subparts (3) and (5) 
specifically speak to ``control transmitter[s]'' (which we are updating 
to read ``MedRadio programmer/control transmitter'' to provide clarity 
and consistency). Because the existing rule construction may create 
confusion in that it could appear to be inconsistent or ambiguous, the 
Commission amended the introductory text of Sec.  95.1223(a) as shown 
below. Under the revision, the Commission did not require that the MBAN 
user provide the coordinator with unique identifying data (e.g., a 
serial number) for each programmer/control transmitter. The Commission 
agreed with the Joint Parties that it will be sufficient to provide the 
quantity and type (i.e. equipment that may have different technical 
characteristics) of programmer/control transmitters at each MBAN 
installation. The Commission accomplished this objective by retaining 
the requirement in Sec.  95.1223(a)(3) that programmer/control 
transmitter information include the manufacturer name, model number and 
FCC identification number. The practical effect of the revised rules is 
that health care facilities will be able to account for large groups of 
devices under a single filing.
    19. Finally, the Commission clarified that replacement of 
programmer/control transmitters having the same technical 
characteristics as those reported on the health care facility's 
registration (i.e., the manufacturer name, model number and FCC 
identification number) will not trigger additional notification 
requirements under Sec.  95.1223(b) of the rules.
    20. Interaction between MBAN and AMT Coordinators. Under Sec.  
95.1225(b)(2) of the Commission's rules, the MBAN Coordinator is 
required to determine if an MBAN is within line of sight of an AMT 
receive facility in the 2360-2390 MHz band, and coordinate MBAN 
operations with the designated AMT coordinator. Additionally, the MBAN 
coordinator must approve any changes made to an authorized MBAN 
installation before operation could begin with the altered parameters. 
Accordingly, Sec.  95.1223(b) states, in pertinent part, that a health 
care facility must notify the MBAN coordinator of any material change 
to the MBAN's location or operating parameters, and that it may not 
operate under changed operating parameters until the frequency 
coordinator determines whether such changes require coordination with 
the AMT coordinator. The Joint Parties had suggested edits to the 
coordinator duties listed in Sec.  95.1225 of the rules. The Commission 
concluded that the Joint Parties' proposed edits to Sec.  95.1225(b) 
were already addressed in Sec.  95.1223(c) and concluded that it would 
be unnecessarily repetitive to make the requested edits.
    21. The Commission determined that it would be beneficial to 
further clarify the procedures for how the AMT coordinator is consulted 
before an MBAN location or operation is changed. Specifically, the 
Commission found the need to provide clarification as to whether 
coordination with or notification to the AMT coordinator would be 
required if the modified

[[Page 60095]]

MBAN facility would operate beyond line-of-sight of an AMT receive 
facility. It determined that the best course in such cases is to apply 
the existing procedures outlined in Sec.  95.1223(c)(1), which requires 
the MBAN coordinator to approve operation without prior coordination 
with the AMT coordinator, but also requires the MBAN coordinator to 
notify the AMT coordinator and provide the AMT coordinator with the 
opportunity to concur that the MBAN facility is beyond line of sight. 
Accordingly, the Commission revised Sec.  95.1223(b) of the rules to 
state that the MBAN coordinator must evaluate the proposed changes and 
comply with either (c)(1) or (c)(2), as appropriate, prior to 
authorizing a modified MBAN operation. Such a change satisfies the 
Joint Parties' request that the Commission clarify the advance 
consultation requirement for the AMT coordinator, and does so in a way 
that complements our existing rules for coordinating MBAN operations.
    22. Notification of Interference. The Commission did not adopt a 
request by the Joint Parties to amend Sec.  95.1223(a) of the rules to 
include a specific requirement that, if a health care facility or the 
MBAN coordinator is notified of MBAN interference to an AMT receive 
antenna, the MBAN user must cease transmissions on the frequencies 
causing interference. The Commission pointed out that Sec.  95.1211(c) 
of the rules plainly states that MBAN devices may not cause harmful 
interference to authorized stations operating in the 2360-2400 MHz band 
which places the onus of avoiding such interference squarely on the 
operator of these devices. Accordingly, it is the MBAN user's 
responsibility to respond to interference complaints, and to be 
prepared to cease operation as necessary to avoid causing harmful 
interference. The Commission also emphasized that failure to abide by 
this rule will subject an MBAN user to appropriate Commission 
enforcement action. The existing rules give the MBAN coordinator the 
responsibility to identify the MBAN that is the source of interference 
and the authority to notify the registered health care facility to 
cease operation as may be appropriate to the circumstances. Moreover, 
any health care facility planning to operate MBAN devices in the 2360-
2390 MHz band will have provided to the MBAN coordinator, pursuant to 
the rules, a point of contact in the event the MBAN user is directed to 
cease operation. Thus, the Commission concluded that, together, the 
rule defining the MBAN user responsibilities and the rule describing 
the functions of the 2360-2390 MHz band MBAN coordinator should provide 
for the prompt identification and resolution of any harmful 
interference caused by an MBAN to AMT operations.
    23. Testing of Installed MBAN Equipment. The Joint Parties and ASHE 
requested the Commission to require hospitals or equipment vendors to 
certify to the MBAN coordinator that testing of the relevant 2360-2390 
MHz MBAN equipment was conducted in situ and confirmed that the 
equipment does not operate outdoors. The Commission found that its 
existing rules and processes are sufficient to address such concerns. 
It noted that all MBAN equipment capable of operating in the 2360-2390 
MHz band is certified to be under the equipment authorization process 
to demonstrate compliance with the indoor operation restrictions and 
that, under the existing rules, MBAN users must acknowledge when 
registering with an MBAN coordinator the need to comply with these 
requirements. In this regard, the Commission noted that it has given 
MBAN coordinators broad discretion to implement coordination procedures 
to ensure that MBAN operations are permitted only when and where they 
will not interfere with AMT operations. Thus, if an MBAN coordinator 
determines that the type of testing and certification the Joint Parties 
and ASHE seeks is warranted, it may ask a hospital or equipment vendor 
to provide such information as part of the coordination process.

Equipment Authorization

    24. Attached Antennas and Operation in the 2360-2390 MHz Band. The 
Commission did not adopt the Joint Parties' request that Sec.  95.1213 
of the rules, which describes MBAN antenna placement, be modified ``to 
clarify that an antenna must be permanently affixed to its MBAN 
transmitter'' for devices operating in the 2360-2390 MHz portion of the 
band. The Commission determined that there was little risk that MBAN 
users will make post-market device modifications, noting that it was 
not aware of any issues with unauthorized modification of the existing 
base of MedRadio devices, nor had the Joint Parties provided any 
supporting evidence that this is a common occurrence that would support 
additional rules tailored to MBAN operation in the 2360-2390 MHz band. 
It also found that the existing rules already protect against the 
potential harm described by the Joint Parties. Specifically, Sec.  
95.639(f)(5) of the rules states that the antenna associated with any 
MedRadio transmitter must be supplied with the transmitter and shall be 
considered part of the transmitter subject to equipment authorization.
    25. Equipment Labeling Requirement. The labeling requirement for 
MBAN devices states that MedRadio programmer/control transmitters 
operating in the 2360-2400 MHz band shall be labeled as provided in 
part 2 of the chapter and shall bear the following statement in a 
conspicuous location on the device:

    This device may not interfere with stations authorized to 
operate on a primary basis in the 2360-2400 MHz band, and must 
accept any interference received, including interference that may 
cause undesired operation.

The statement may be placed in the instruction manual for the 
transmitter where it is not feasible to place the statement on the 
device.

    26. The Commission denied the Joint Parties' request that, in the 
event that the warning is not included on the device label, the 
Commission should require that the warning be placed on the front page 
of the instruction manual in capital letters. On reconsideration, the 
Commission found that the Joint Parties had not offered any reason for 
it to question this analysis the Commission undertook in the First 
Report and Order, or to convince it that additional steps were needed 
to ensure that ``all personnel are fully aware'' of the status of MBAN 
devices.
    27. Publication of Equipment Authorization Requirements. The Joint 
Parties asked that the Commission take steps to ensure that the 
requirements for equipment authorization of MBAN devices be ``clear for 
all to follow.'' They did not propose any specific rule modifications, 
but instead submitted a list of ``expected attestation and 
certification requirements for MBAN equipment. While the Commission 
declined to codify the Joint Parties' specific requirements, it 
indicated that it will draw on existing resources (for example, the OET 
Laboratory Division's Knowledge Database (KDB)) and staff will continue 
to be available to ensure that information regarding authorization 
procedures for MBAN equipment is published in a readily accessible 
manner, and that MBAN equipment is authorized in compliance with 
Commission rules.

Second Report And Order

    28. The Commission's rules require that MBAN operations in the 
2360-2390 MHz be registered and coordinated to ensure that AMT 
operations in this band are protected from harmful interference.

[[Page 60096]]

The registration and coordination functions are to be performed by a 
frequency coordinator to be designated by the Commission. An MBAN 
coordinator will be required to maintain a database of MBAN 
registrations that includes the locations of MBAN systems that operate 
in the 2360-2390 MHz band, determine when MBAN transmitters are within 
line-of-sight of AMT receive facilities, coordinate MBAN operations 
with the coordinator for AMT services, notify registered MBAN users 
when they must change frequencies or cease operations consistent with a 
coordination agreement between the MBAN and AMT coordinator, and 
develop procedures to ensure that MBAN users operate consistent with 
the coordination requirements.
    29. In the Second Report and Order, the Commission determined that 
it will select only one MBAN coordinator for a ten-year term. After the 
ten-year term, the coordinator will serve until either it elects not to 
continue as coordinator or is removed by the Commission. The MBAN 
coordinator may rely on a third-party consultant for technical services 
necessary to fulfill its responsibilities, but will be required to 
disclose information about the technical qualifications of the third-
party consultant and the contractual arrangement it has with the 
consultant. The MBAN coordinator will be required to provide service on 
a non-discriminatory basis to all eligible health care institutions and 
will be permitted to charge reasonable fees that reflect only its 
actual costs (including the costs associated with coordination, such as 
the AMT coordinator's cost and the expense of any third-party technical 
consultant). The Wireless Telecommunications Bureau (Bureau), acting 
under delegated authority as provided in the Commission's rules, will 
select the MBAN coordinator. The Bureau will execute a Memorandum of 
Understanding (MOU) with the selected coordinator, which will describe 
the duties and responsibilities of the coordinator and provide for 
removal of the coordinator if circumstances warrant. These requirements 
are described in further detail in the following paragraphs.
    30. Single Coordinator. The Commission found it appropriate to 
select only one MBAN coordinator at this time given the characteristics 
of the MBAN service. The health care community represents a small part 
of the radiofrequency user ecosystem and the number of MBAN registrants 
is likely to be proportionally small. A single coordinator will 
simplify MBAN registration for health care institutions because there 
will be a single point of contact and the registration process will be 
analogous to the Wireless Medical Telemetry Service (WMTS) registration 
process that is familiar to many entities in this specialized group, 
and will make coordination with AMT coordinator simpler. The Commission 
noted that the authority already delegated to the Bureau to certify 
frequency coordinators for the services it administers allows it to 
introduce competitive coordination into a service with an exclusive 
coordinator, and noted that the Bureau will consider, in the future, 
whether to certify one or more additional coordinators if it determines 
that such an action would serve the public interest.
    31. Term of Service. The Commission required that the MBAN 
coordinator agree to serve a ten-year term. After the initial ten-year 
term, the MBAN coordinator will continue to serve until the coordinator 
acts to vacate the role or the Commission acts to remove the 
coordinator under the procedures discussed. The Commission also adopted 
the proposal in the Further Notice to require that the MBAN coordinator 
transfer the MBAN registration data to another entity designated by the 
Commission if the coordinator cannot or chooses not to continue as 
coordinator. The Commission directed the Bureau to incorporate this 
requirement into the MOU that it will execute with the MBAN 
coordinator. As part of the MOU, the Bureau should also address what 
notice the MBAN coordinator must give the Commission to provide 
adequate time to select a replacement coordinator, in the event that 
the coordinator intends to vacate the coordinator role. This notice 
will have to provide sufficient time for the Bureau to select a 
replacement coordinator, for the replacement coordinator to establish a 
registration and coordination system, and for the incumbent MBAN 
coordinator to transfer the registration data to the replacement 
coordinator. The Commission also recognized that it is possible that 
the coordinator would not continue in its role at some point. In such a 
case, these notice and transfer requirements will be necessary to 
ensure an effective transition of coordinators. The provisions will 
help avoid having a period of time during which there would be no 
functioning MBAN registration and coordination regime or creating a re-
registration burden on MBAN licensees.
    32. Because the role of the MBAN coordinator is essential to 
prevent harmful interference to a primary service, the Commission 
indicated that it is important to allow the MBAN coordinator to be 
replaced by the Commission if necessary. Consistent with the existing 
procedures for the WMTS coordinator, the Commission delegated to the 
Bureau the authority to remove the MBAN coordinator after giving 
adequate notice if it determines that such an action would serve the 
public interest. The Bureau can include specific provisions in the MOU, 
including the notice it will give the coordinator.
    33. Qualifying Criteria. In the Further Notice, the Commission 
sought comment on the minimum qualifying criteria that should be 
established for selecting an MBAN coordinator and proposed that parties 
interested in being designated an MBAN coordinator must, at a minimum, 
demonstrate that they meet the following criteria:
     Ability to register and maintain a database of MBAN 
transmitter locations and operational parameters;
     Knowledge of or experience with medical wireless systems 
in health care facilities (e.g., WMTS);
     Knowledge of or experience with AMT operations;
     Ability to calculate and measure interference potential 
between MBAN and AMT operations and to enter into mutually satisfactory 
coordination agreements with the AMT coordinator based on the 
requirements in Sec.  95.1223(c);
     Ability to develop procedures to ensure that registered 
health care facilities operate an MBAN consistent with the requirements 
in Sec.  95.1223.
    34. In the Second Report and Order, the Commission required 
applicants applying to become the MBAN coordinator to demonstrate that 
they meet these five criteria. It determined that these criteria 
``ensure that the designated coordinator can successfully accomplish 
the functions required by our rules.'' The Commission declined to add 
the additional criteria suggested by ASHE and Philips/GE to the core 
criteria that it adopted, noting that some of these elements are 
already addressed by the five criteria it adopted and determining that 
other elements of the proposed criteria described qualities that would 
likely be useful for an MBAN coordinator to possess but did not appear 
essential for performing the coordination obligations required by the 
rules that it adopted, were insufficiently concrete to warrant 
certification, or would be expected to attend compliance with the 
criteria it has specified.
    35. The Commission also found that the MBAN coordinator should be 
able to rely on a contract with a third party for

[[Page 60097]]

technical expertise, and it will consider such arrangements as part of 
a candidate's demonstration that it satisfies the core qualifying 
criteria. The Commission recognized that it may be difficult to 
identify a single entity that satisfies all the minimum qualifying 
criteria that it has adopted, and stated that a candidate that lacks 
expertise in the core criteria may choose to rely on a third party for 
technical support to demonstrate that it would be able to provide all 
of the MBAN registration and coordination functions with minimal delay. 
The Commission noted that the Bureau may exercise its authority to 
terminate the tenure of the MBAN coordinator if the third-party 
technical consultant stops providing service to the MBAN coordinator 
and the Bureau is not persuaded that either the MBAN coordinator can 
perform these necessary duties without assistance of a third-party 
consultant or use of a replacement consultant will allow the 
coordinator to meet its obligations under our rules.
    36. The Commission found that MBAN coordinator candidates that rely 
on third party contracts to demonstrate compliance with the core 
qualifying criteria will need to disclose certain information about 
such contracts. The Commission found that demonstration of the core 
qualifying criteria will require the disclosure of more detailed 
information because the relationship between the MBAN coordinator and a 
third-party technical expert will affect both the coordinator's ability 
to carry out its responsibilities and the program's ability to continue 
if either the coordinator or the third-party expert must relinquish its 
role. The Commission therefore directed the Bureau to require that 
applicants for the MBAN coordinator role relying on a third party 
consultant make a number of attestations regarding the consultant and 
the contract between the consultant and the applicant, and to take this 
information into account when judging the suitability of applicants for 
the MBAN coordinator position. This information must include the 
identity and qualifications of any third-party technical consultant the 
MBAN coordinator will rely on, the length of time that the contract 
between the MBAN coordinator and the third-party consultant would be in 
effect, and under what circumstances that contract could terminate.
    37. The Commission also indicated that the MOU should also 
recognize the possibility that the technical consultant would stop 
providing service to the MBAN coordinator. Upon such an occurrence, the 
MBAN coordinator would need time to employ a replacement consultant who 
meets the Commission's high standards and, if such a coordinator is not 
found, the Commission needs time to replace the MBAN coordinator. The 
Commission provided the Bureau with the discretion to include such 
requirements in the MOU it executes with the MBAN coordinator.
    38. Fees for Service. The Commission decided to permit the MBAN 
coordinator to set fees for MBAN registration and coordination (as 
opposed to having the Commission or the Bureau prescribe fees. The 
Commission required that the fees charged for MBAN registration and 
coordination be reasonable and reflect only the MBAN coordinator's 
actual costs of providing the coordination and registration functions. 
The MBAN coordinator will be required to provide the coordination and 
registration functions on a not-for-profit basis. The Commission 
determined that requiring that the MBAN coordinator provide services on 
a not-for-profit basis was necessary because, with likely only one MBAN 
coordinator, it cannot rely on competitive market forces to serve as a 
check on the fees associated with MBAN registration and coordination. 
If competitive forces are introduced and more than one coordinator is 
selected, however, the Commission recognized that the need for such 
regulations may no longer exist and may need to be reconsidered. The 
Commission also required that the MBAN coordinator must provide 
services on a non-discriminatory basis to all eligible health care 
institutions.
    39. The Commission concluded that the MBAN coordinator should 
establish MBAN user fees that include all costs associated with MBAN 
registration and coordination, including the cost of any third-party 
technical consultant employed by the MBAN coordinator and the fees of 
the AMT coordinator. This approach establishes a single pay point for 
MBAN users and will simplify the registration and coordination process 
for them, and is supported by the record. As with the other costs for 
which the MBAN user is responsible, the cost of any third-party 
technical consultant must be reasonable. This cost can include only the 
MBAN coordinator's actual costs for such consultation services. The 
amount of the payment to the AMT coordinator should be determined by 
agreement between the AMT and MBAN coordinators, and would be 
incorporated into the overall coordination fee that an MBAN user 
incurs. The Commission indicated that it expects the AMT coordinator to 
pass on only its actual coordination costs, on a not-for-profit basis, 
to the MBAN coordinator. This cost may include the actual cost to the 
AMT coordinator of coordinating Federal AMT operations, but may not 
include charges for work performed by Federal employees such as the 
Federal Government Area Frequency Coordinators. Because the costs 
incurred by the AMT coordinator will be charged to the MBAN user as 
part of the registration and coordination fees paid to the MBAN 
coordinator, the Commission found that there is no need to place a 
requirement in our rules that the MBAN user bear direct responsibility 
for the AMT coordinator's cost.
    40. On the matter of how reasonable costs should be evaluated and 
what oversight the Commission should exercise over AMT-MBAN 
coordination fees, the Commission observed that the Bureau has the 
authority to investigate the reasonableness of the MBAN registration 
and coordination fees, and it will do so as appropriate, either in 
response to complaints or on its own motion. The MBAN coordinator will 
be required to provide the Bureau with any information it requests in 
the course of conducting such an investigation. In judging the 
reasonableness of MBAN registration and coordination fees the Bureau 
should consider the customary practices in other bands where 
registration or coordination is required under the Commission's rules. 
The Commission also required the MBAN coordinator to provide the Bureau 
with its fee schedule upon request. This fee notification requirement 
coupled with the ability to investigate the reasonableness of fees will 
provide a necessary incentive for the MBAN and AMT coordinators to 
maintain the fee structure for MBAN registration and coordination at a 
reasonable level.
    41. MBAN Coordinator Selection. The Commission directed the Bureau, 
acting under its existing delegated authority, to select the MBAN 
coordinator. Because the procedures the Bureau used in selecting the 
WMTS coordinator were successful, it directed it to employ a similar 
process to select the MBAN coordinator, including releasing a Public 
Notice to announce procedures for interested parties to submit 
applications for consideration as an MBAN coordinator, issuing an Order 
to designate the MBAN coordinator, and executing a MOU on behalf of the 
Commission with the selected coordinator that will set forth the 
coordinator's authority and responsibilities. The Commission 
anticipated that the MBAN coordinator

[[Page 60098]]

would assume its duties upon the execution of this MOU.
    42. The Commission agreed with Philips/GE that the MBAN coordinator 
and AMT coordinator should quickly reach agreement on mutually 
agreeable procedures to create coordination agreements. Until such 
procedures are in place, no registered MBAN system can be deployed. 
Hence, the Commission required the selected MBAN coordinator to report 
to the Commission when it has procedures in place with the AMT 
coordinator allowing coordination agreements for MBAN systems to be 
made. If no such report is made within six months of selection of the 
MBAN coordinator, the Commission directed the Bureau to take all 
necessary action to promote such an agreement.
    43. The Commission declined to adopt AFTRCC's suggestion that 
selection of the MBAN coordinator be contingent on executing a 
coordination agreement with AFTRCC. The Commission emphasized that it 
is the responsibility of both the selected MBAN coordinator and AFTRCC 
to cooperate in good faith in developing procedures for MBAN 
coordination.
    44. Petition for Rulemaking. Ben Bartlett, who identifies himself 
as a law student at the University of California Hastings College of 
Law, filed a Petition for Rulemaking requesting that the Commission 
allocate spectrum for MBAN use in an unused portion of the television 
frequency bands. Bartlett claimed that the 2360-2400 MHz band is 
unsuitable for MBAN use because interference between MBAN systems and 
the AMT and amateur services would put patients at risk and interfere 
with the operation of these services, that the amount of spectrum 
available for MBAN operations was not sufficient to meet the future 
demand for medical applications, and that the current MBAN frequencies 
have limited propagation characteristics compared to the TV bands. He 
envisioned an expanded role for MBAN devices where patients will not be 
tied to a hub because the wireless link will be able to traverse long 
distances and pass through buildings and other obstacles.
    45. The Commission concluded that the petition does not warrant 
further consideration at this time and dismissed it without prejudice. 
First, the Commission pointed out that MBAN systems are designed to 
provide wireless monitoring of patients over short distances to provide 
patients with mobility in hospitals and other health care facilities. 
In the First Report and Order, the Commission concluded that the 2360-
2400 MHz band is well suited for this purpose given the ability of MBAN 
devices to share with spectrum with the incumbent users. Nothing in the 
petition gave the Commission reason to question this conclusion. 
Second, the petition asserted that the amount of spectrum the 
Commission has allocated for MBAN use would not be sufficient to meet 
future demand. The Commission found this claim to be speculative at 
best, particularly given that no MBAN devices have been deployed. 
Finally, the petition did not provide the technical details necessary 
to draw conclusions as to the feasibility of the long-range medical 
wireless devices that Bartlett envisions. The Commission concluded that 
deployment of these types of devices may be possible under its existing 
rules in other frequency bands.

Procedural Matters

    46. Final Regulatory Flexibility Certification. The Regulatory 
Flexibility Act of 1980, as amended (RFA) \1\ requires that a 
regulatory flexibility analysis be prepared for rulemaking proceedings, 
unless the agency certifies that ``the rule will not have a significant 
economic impact on a substantial number of small entities.'' \2\ The 
RFA generally defines ``small entity'' as having the same meaning as 
the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \3\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\4\ 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).\5\
---------------------------------------------------------------------------

    \1\ The RFA, see section 5 U.S.C. S 601 et. seq., has been 
amended by the Contract With America Advancement Act of 1996, Public 
Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA).
    \2\ 5 U.S.C. 605(b).
    \3\ 5 U.S.C. 601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in Small Business Act, 15 U.S.C. S 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \5\ Small Business Act, section 15 U.S.C. S 632.
---------------------------------------------------------------------------

    47. In the Order on Reconsideration and Second Report and Order, 
the Commission addressed a number of issues related to designating the 
MBAN coordinator for the 2360-2390 MHz band. Among other actions, the 
Commission concludes to only designate one MBAN coordinator, but 
delegates to the Wireless Telecommunication Bureau (Bureau) the 
authority to possibly designate more than one coordinator at a later 
date. The Commission adopts a number of qualifying criteria to guide 
the Bureau in selecting the coordinator, such as the ability to 
register and maintain a database of MBAN transmitter locations, 
knowledge of wireless systems in healthcare facilities and of AMT 
operations, and the ability to calculate and measure interference 
potential between MBAN and AMT operations. The Commission also adopts a 
rule requiring that the MBAN coordinator provide registration and 
coordination to all eligible healthcare facilities on a non-
discriminatory basis, provide the registration and coordination 
services on a not-for-profit basis, notify the Commission six months 
prior to ceasing to perform the functions of frequency coordinator, and 
transmit the MBAN registration data in a usable form to another 
coordinator designated by the Commission if it ceases to be the 
frequency coordinator. While the decisions made and rules adopted in 
the Order on Reconsideration and Second Report and Order could have a 
significant economic impact on the MBAN coordinator, the Commission has 
decided to designate only one MBAN coordinator. Although the Commission 
does allow the Bureau to possibly designate multiple coordinators at a 
later date, it does not foresee there ever being more than a couple of 
MBAN coordinators.
    48. The Commission also addresses several issues related to MBAN 
users. First, the revisions to the authorized location rule will not 
increase the number of health care facilities that can use the 2360-
2390 MHz band, and therefore will not impose regulatory burdens on any 
new small entities. Second, in the Report and Order, the Commission 
originally declined to require registration for the 2390-2400 MHz band 
users because it concluded that such a requirement ``would 
unnecessarily burden hospitals that do not need assistance from the 
MBAN coordination.'' Under the revised registration requirement we are 
adopting, the scope is narrower and it targets only those hospitals 
that may eventually need to interact with MBAN coordinator. We find 
that the benefit of providing the MBAN coordinator with this additional 
information outweighs the slight increase in registration costs for 
this limited number of MBAN

[[Page 60099]]

operators. In addition, we find that the increase in registration costs 
is minor, and therefore will not have a significant economic impact on 
a substantial number of small entities. Lastly, the remaining revisions 
to Sec.  95.1223 do not change the regulatory burden on small business 
health care facilities; they merely clarify the rules and do not have a 
significant economic impact on any new small entities.
    49. Therefore, the Commission certifies that the requirements of 
this Order on Reconsideration and Second Report and Order will not have 
a significant economic impact on a substantial number of small 
entities. The Commission will send a copy of the Order on 
Reconsideration and Second Report and Order including a copy of this 
final certification, in a report 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 Order on Reconsideration and Second 
Report and Order and this certification will be sent to the Chief 
Counsel for Advocacy of the Small Business Administration, and will be 
published in the Federal Register. See 5 U.S.C. 605(b).
    50. Congressional Review Act. The Commission will send a copy of 
this Order on Reconsideration and Second Report and Order to Congress 
and the Government Accountability Office pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A).
    51. Paperwork Reduction Act. This document contains new and 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. The requirements will 
be submitted to the Office of Management and Budget (OMB) for review 
under section 3507(d) of the PRA. The Commission will publish a 
separate notice in the Federal Register inviting comment on the revised 
information collection requirements adopted in this document. The 
requirements will not go into effect until OMB has approved them and 
the Commission has published a notice announcing the effective date of 
the information collection requirements.

Ordering Clauses

    52. Pursuant to the authority contained in sections 4(i), 301, 302, 
303(e), 303(f), 303(r), and 307(e) of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(i), 301, 302a, 303(e), 303(f), 303(r), and 
307(e), this Order on Reconsideration and Second Report and Order is 
adopted.
    53. The rules and requirements adopted herein will become effective 
November 5, 2014, except for 47 CFR 95.1225(c), which includes new or 
modified information collection requirements that require approval by 
Office of Management and Budget under the PRA and will become effective 
after such approval, on the effective date specified in a notice that 
the Commission publishes in the Federal Register announcing such 
approval and effective date.
    54. Pursuant to the authority of section 5(c) of the Communications 
Act of 1934, as amended, 47 U.S.C. 155(c), the Commission delegate 
authority to the Wireless Telecommunications Bureau as set forth in 
this Second Report and Order.
    55. The Petition for Rulemaking filed by Ben Bartlett in ET Docket 
Nos. 08-59 and 04-186 is denied.
    56. The Joint Petition for Reconsideration of GE Healthcare, 
Phillips Healthcare, and the Aerospace and the Flight Test Radio 
Coordinating Council is granted in part and denied in part.
    57. The Petition for Reconsideration of The American Society for 
Healthcare Engineering of the American Hospital Association is granted.
    58. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Order on 
Reconsideration and Second Report and Order, including the Final 
Regulatory Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

List of Subjects in 47 CFR Part 95

    Communications equipment, Medical devices, Reporting and 
recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 95 as follows:

PART 95--PERSONAL RADIO SERVICES

0
1. The authority citation for part 95 is revised to read as follows:

     Authority: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).

Subpart E--Technical Regulations

0
2. Section 95.628 is amended by revising paragraph (c) to read as 
follows:


Sec.  95.628  MedRadio transmitters in the 413-419 MHz, 426-432 MHz, 
438-444 MHz, and 451-457 MHz and 2360-2400 MHz bands.

* * * * *
    (c) Requirements for Medical Body Area Networks. A MedRadio 
programmer/control transmitter and its associated medical body-worn 
transmitters shall not commence operating in, and shall automatically 
cease operating in, the 2360-2390 MHz band if the programmer/control 
transmitter does not receive, in accordance with the protocols 
specified by the manufacturer, a control message permitting such 
operation. Medical body-worn transmitters shall cease operating in 
2360-2390 MHz if they lose communication with their associated 
programmer/control transmitter. Additionally, a MedRadio programmer/
control transmitter and its associated medical body-worn transmitters 
operating in the 2360-2390 MHz band shall comply with a control message 
that notifies the devices to limit transmissions to segments of the 
2360-2390 MHz band or to cease operation in the band.
* * * * *

0
3. Appendix 1 to Subpart E is amended by revising the definition of 
``Medical Body Network'' to read as follows:

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

* * * * *
    Medical Body Area Network (MBAN). An MBAN is a low power network 
consisting of a MedRadio programmer/control transmitter and one or 
more multiple medical body-worn devices all of which transmit or 
receive non-voice data or related device control commands for the 
purpose of measuring and recording physiological parameters and 
other patient information or performing diagnostic or therapeutic 
functions via radiated bi- or uni-directional electromagnetic 
signals.
* * * * *

Subpart I--Medical Device Radiocommunications Service (MedRadio)

0
4. Section 95.1203 is revised to read as follows:


Sec.  95.1203  Authorized locations.

    MedRadio operation is authorized anywhere CB station operation is 
authorized under Sec.  95.405, except that use of Medical Body Area 
Network devices in the 2360-2390 MHz band is restricted to indoor 
operation within a health care facility registered with the MBAN 
coordinator under Sec.  95.1225. For the purposes of this subpart, 
health care facilities are limited to hospitals and

[[Page 60100]]

other establishments, both Federal and non-Federal, that offer 
services, facilities and beds for use beyond a 24 hour period in 
rendering medical treatment.

0
5. Section 95.1209 is amended by revising paragraph (g) to read as 
follows:


Sec.  95.1209  Permissible communications.

* * * * *
    (g) Medical body-worn transmitters may relay only information in 
the 2360-2400 MHz band to a MedRadio programmer/control transmitter or 
another medical body-worn transmitter device that is part of the same 
Medical Body Area Network (MBAN). A MedRadio programmer/control 
transmitter may not be used to relay information in the 2360-2400 MHz 
band to other MedRadio programmer/controller transmitters. Wireless 
retransmission of all other information from an MBAN transmitter to a 
receiver that is not part of the same MBAN shall be performed using 
other radio services that operate in spectrum outside of the 2360-2400 
MHz band. Notwithstanding the above restriction, a MedRadio programmer/
control transmitter in the 2360-2400 MHz band may communicate with 
another MedRadio programmer/control transmitter in the 2360-2400 MHz 
band to coordinate transmissions so as to avoid interference between 
the two Medical Body Area Networks.
* * * * *

0
6. Section 95.1213 is revised to read as follows:


Sec.  95.1213  Antennas.

    (a) An antenna for a MedRadio transmitter shall not be configured 
for permanent outdoor use.
    (b) Any MedRadio 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.
    (c) Paragraphs (a) and (b) of this section do not apply to MedRadio 
operations in the 2390-2400 MHz band.

0
7. Section 95.1223 is amended by revising the section heading, 
paragraph (a) introductory text, and paragraphs (a)(3), (a)(5), and (b) 
to read as follows:


Sec.  95.1223  Registration and frequency coordination.

    (a) Registration. Prior to operating MBAN devices that are capable 
of operation in the 2360-2390 MHz band, a health care facility, as 
defined by Sec.  95.1203, must register with a frequency coordinator 
designated under Sec.  95.1225. Operation of MBAN devices in the 2360-
2390 MHz band is prohibited prior to the MBAN coordinator notifying the 
health care facility that registration and coordination (to the extent 
coordination is required under paragraph (c) of this section) is 
complete. The registration must include the following information:
* * * * *
    (3) Number of MedRadio programmer/control transmitters in use at 
the health care facility as of the date of registration including 
manufacturer name(s) and model numbers and FCC identification number;
* * * * *
    (5) Location of MedRadio programmer/control transmitters (e.g., 
geographic coordinates, street address, building);
* * * * *
    (b) Notification. A health care facility shall notify the frequency 
coordinator whenever an MBAN programmer/control transmitter in the 
2360-2390 MHz band is permanently taken out of service, unless it is 
replaced with transmitter(s) using the same technical characteristics 
and locations as those reported on the health care facility's 
registration which will cover the replacement transmitter(s). A health 
care facility shall keep the information contained in each registration 
current and shall notify the frequency coordinator of any material 
change to the MBAN's location or operating parameters. In the event 
that the health care facility proposes to change the MBAN's location or 
operating parameters, the MBAN coordinator must first evaluate the 
proposed changes and comply with paragraph (c) of this section, as 
appropriate, before the health care facility may operate the MBAN in 
the 2360-2390 MHz band under changed operating parameters.
* * * * *

0
8. Section 95.1225 is amended by revising paragraphs (a) and (b)(1) and 
adding paragraph (c) to read as follows:


Sec.  95.1225  Frequency coordinator.

    (a) The Commission will designate a frequency coordinator(s) to 
manage the operation of medical body area networks by eligible health 
care facilities.
    (b) * * *
    (1) Register health care facilities that operate MBAN transmitters, 
maintain a database of these MBAN transmitter locations and operational 
parameters, and provide the Commission with information contained in 
the database upon request;
* * * * *
    (c) The frequency coordinator shall:
    (1) Provide registration and coordination of MBAN operations to all 
eligible health care facilities on a non-discriminatory basis;
    (2) Provide MBAN registration and coordination services on a not-
for-profit basis;
    (3) Notify the Commission of its intent to no longer serve as 
frequency coordinator six months prior to ceasing to perform these 
functions; and
    (4) Transfer the MBAN registration data in usable form to a 
frequency coordinator designated by the Commission if it ceases to be 
the frequency coordinator.

[FR Doc. 2014-23519 Filed 10-3-14; 8:45 am]
BILLING CODE 6712-01-P