Federal Register, Volume 74, Number 91, May 13, 2009, Pages 22417-22636 Page: 22,497
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Federal Register/Vol. 74, No. 91/Wednesday, May 13, 2009 /Proposed Rules
category and size standard, the majority
of firms can, again, be considered small.
45. Public Safety Radio Services.
Public Safety radio services include
police, fire, local government, forestry
conservation, highway maintenance,
and emergency medical services.23 For
small businesses in this category, the
above small business size standard
applies to 1500 or fewer employees.
There are a total of approximately
127,540 licensees in these services.
Governmental entities 24 as well as
private businesses comprise the
licensees for these services. All
governmental entities with populations
of less than 50,000 fall within the
definition of a small entity.25
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
46. The Commission seeks comment
on whether medical device operations
in the 413-457 MHz band should be
authorized, like other medical devices
in the MedRadio Service under part 95
of its rules, thus providing for license-
by-rule operation 26 pursuant to Section
307(e) of the Communications Act
(Act).27 Under this approach, medical
23 With the exception of the special emergency
service, these services are governed by Subpart B
of part 90 of the Commission's Rules, 47 CFR
90.15-90.27. The police service includes
approximately 27,000 licensees that serve state,
county, and municipal enforcement through
telephony (voice), telegraphy (code) and teletype
and facsimile (printed material). The fire radio
service includes approximately 23,000 licensees
comprised of private volunteer or professional fire
companies as well as units under governmental
control. The local government service that is
presently comprised of approximately 41,000
licensees that are state, county, or municipal
entities that use the radio for official purposes not
covered by other public safety services. There are
approximately 7,000 licensees within the forestry
service which is comprised of licensees from state
departments of conservation and private forest
organizations who set up communications networks
among fire lookout towers and ground crews. The
approximately 9,000 state and local governments
are licensed to highway maintenance service
provide emergency and routine communications to
aid other public safety services to keep main roads
safe for vehicular traffic. The approximately 1,000
licensees in the Emergency Medical Radio Service
(EMRS) use the 39 channels allocated to this service
for emergency medical service communications
related to the delivery of emergency medical
treatment. 47 CFR 90.15-90.27. The approximately
20,000 licensees in the special emergency service
include medical services, rescue organizations,
veterinarians, handicapped persons, disaster relief
organizations, school buses, beach patrols,
establishments in isolated areas, communications
standby facilities, and emergency repair of public
communications facilities. 47 CFR 90.33-90.55.
2447 CFR 1.1162.
25 5 U.S.C. 601(5).
26 See 47 CFR 95.401(d).
27 Under Section 307(e) of the Act, the
Commission may authorize the operation of radiostations by rule without individual licenses in
certain specified radio services when thedevices would operate in the band on a
shared, non-exclusive basis with respect
to each other. As the Commission
determined when it adopted the
MedRadio Service rules, it continues to
believe that this approach minimizes
regulatory burdens and facilitates the
expeditious deployment of new
generations of beneficial wireless
medical devices that can improve the
quality of life for countless Americans,
thus serving the public interest,
convenience and necessity.
47. The Commission also seeks
comment on whether this license-by-
rule framework would provide the most
beneficial approach for MMN devices.
Would other approaches be preferable?
If so, how would those alternative
approaches be structured, and why?
What would be the relative benefits and
disadvantages compared with the
license-by-rule approach?
48. The Commission also seeks
comment on various provisions
regarding equipment certification,
authorized locations, station
identification, station inspection,
disclosure policy, labeling requirements
and marketing limitations that mirror
the existing MedRadio rules.
49. The Commission seeks comment
on whether to require that
manufacturers of MMN transmitters
include with each transmitting device
the following disclosure statement:
"This transmitter is authorized by rule
under the MedRadio Service (47 CFR
part 95). This transmitter must not cause
harmful interference to stations
authorized to operate on a primary basis
in the 413-419 MHz, 426-432 MHz,
438-444 MHz, and 451-457 MHz bands,
and must accept interference that may
be caused by such stations, including
interference that may cause undesired
operation. This transmitter shall be used
only in accordance with the FCC Rules
governing the MedRadio 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
interference or that any particular
transmission from this transmitter will
be free from interference." The
Commission seeks comment on this
language, which mirrors the existing
MedRadio requirement.
Commission determines that such authorization
serves the public interest, convenience, and
necessity. The services set forth in this provision for
which the Commission may authorize operation by
rule include: (1) The Citizens Band Radio Service,
(2) the Radio Control Service, (3) the Aviation RadioService, and (4) the Maritime Radio Service. See 47
USC Section 307(e)(1).50. The Commission also seeks
comment on whether to require that
MMN control transmitters be labeled
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 413-419 MHz, 426-
432 MHz, 438-444 MHz, and 451-457
MHz bands, and must accept any
interference received, including
interference that may cause undesired
operation." Where a MMN control
transmitter is constructed in two or
more sections connected by wire and
marketed together, the statement
specified in this section would be
required to be affixed only to the main
control unit. It also seeks comment on
whether to require that MMN implant
transmitters be identified with a serial
number. Under that plan, we would
allow the FCC ID number associated
with the transmitter and the information
required by 2.925 of the FCC Rules to
be placed in the instruction manual for
the transmitter in lieu of being placed
directly on the transmitter.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
51. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.28
52. In this proceeding, the
Commission notes that the "license by
rule" approach of the MedRadio service
(and the related equipment certification,
disclosure, and labeling requirements
discussed above) that it proposes here
for MMN operation already afford the
benefit of minimal regulatory and
economic impact on prospective users,
including small entities. Nevertheless,
in this Notice of Proposed Rulemaking,
the Commission seeks further comment
on whether the existing MedRadio
regulatory framework should be
retained, or whether any other
approaches should be considered.28 See 5 U.S.C. 603(c).
22497
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 91, May 13, 2009, Pages 22417-22636, periodical, May 13, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132953/m1/88/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.