Review of Personal Radio Services Rules, 47142-47169 [2010-18116]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Proposed Rules]
[Pages 47142-47169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18116]



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Part III





Federal Communications Commission





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47 CFR Parts 1, 27 and 95



Review of Personal Radio Services Rules; Proposed Rule

Federal Register / Vol. 75 , No. 149 / Wednesday, August 4, 2010 / 
Proposed Rules

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 27 and 95

[WT Docket No. 10-119; FCC 10-106]


Review of Personal Radio Services Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to update, 
reorganize, simplify and streamline its Personal Radio Services rules 
to reflect technological advances and other changes in the way the 
American public uses the Personal Radio Services. In addition to 
improving the clarity of the rules, this document includes proposals 
intended to reduce unnecessary regulatory burdens on users, improve 
spectrum use, provide for enhanced equipment operating features, and 
promote the safety and consumer interests of operators. The document 
also proposes to reclassify one of the existing Personal Radio 
Services, specifically the 218-219 MHz service, as a Miscellaneous 
Wireless Communications Service, and accordingly move its rules from 
one part to another.

DATES: Submit comments on or before September 3, 2010 and reply 
comments on or before September 20, 2010.

ADDRESSES: You may submit comments, identified by WT Docket No. 10-119, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission Web site: https://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
     Mail: Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Commercial 
overnight mail (other than U.S. Postal Service Express Mail and 
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol 
Heights, MD 20743.
     Hand delivery/courier: Federal Communications Commission, 
Office of the Secretary, 445 12th Street, SW., Room TW-A325, 
Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0503 or TTY: 202-418-0432. All submissions received must include the 
agency name and docket numbers for this rulemaking, WT Docket No. 10-
119. All comments received will be posted without change to https://www.fcc.gov/cgb/ecfs.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: B.C. ``Jay'' Jackson, Jr., Mobility 
Division, Wireless Telecommunications Bureau, jay.jackson@fcc.gov, 202-
418-1309.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's (the Commission's) Notice of Proposed 
Rulemaking (NPRM) in WT Docket No. 10-119, FCC 10-106, adopted on June 
1, 2010, and released on June 7, 2010. Contemporaneous with this 
document, the Commission issues a Memorandum Opinion and Order on 
Reconsideration (published elsewhere in this publication). The full 
text of this document may be downloaded from the FCC Web site (https://www.fcc.gov) at https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf. The full text is also available for inspection and 
copying during normal business hours in the FCC Reference Center, 445 
12th Street, SW., Washington, DC 20554. A copy of the complete text may 
also be purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554. Alternative formats are available to persons with disabilities 
by sending an e-mail to FCC504@fcc.gov or by calling the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Synopsis

    1. This NPRM proposes to streamline, update and reorganize part 95 
of the Federal Communications Commission (FCC) rules, 47 CFR part 95, 
which provide the regulatory framework for the Personal Radio Services. 
The Personal Radio Services are a family of radio services that provide 
for a variety of wireless devices operated by individual persons, 
primarily for their own personal use, or to provide benefits to other 
individual persons. For example, in some of the Personal Radio 
Services, such as the Family Radio Service and the General Mobile Radio 
Service, the general public may purchase FCC-certified two-way radios 
(sometimes called ``walkie-talkies'') that they can use to communicate 
with each other directly when they are within range (usually a short 
distance) of each other. Some other Personal Radio Service applications 
include radio-controlled aircraft and other hobby vehicles, wireless 
devices to aid persons with hearing difficulties, medical telemetry and 
implant devices that provide medical benefits to patients, and personal 
beacons to help search and rescue teams locate persons in distress in 
wilderness areas. Unlike commercial mobile radio services such as 
cellular telephone service, the Personal Radio Services are not used by 
companies to provide interconnected telephone or broadband 
telecommunications services to subscribers. Because of the very large 
number of wireless devices used in most of the Personal Radio services, 
the FCC has authorized the majority of their use by rule, rather than 
by issuing a separate station license for each device.
    2. Part 95 has been amended by the FCC in a piecemeal fashion 
numerous times during the past three decades, usually to add a subpart 
to provide for a new Personal Radio Service. As a result, the structure 
of part 95 has become somewhat disorganized. The FCC has not undertaken 
a comprehensive review of part 95 in many years and, as a result, it 
contains many rules that are in effect redundant or inconsistent, or 
which use outdated technical terminology. The NPRM proposes amendments 
to correct these problems and seeks comment from the public on the 
proposals. Furthermore, some of the older Personal Radio Services have 
evolved substantially in technology and usage over the years and the 
rules for these services also need to be updated. One part 95 service, 
the 218-219 MHz service, has evolved so much from its original concept 
that it no longer shares the personal characteristics of the other 
Personal Radio Services; it has become more like a commercial service. 
Accordingly, the NPRM proposes to transfer all of the rules for this 
service from part 95 to part 27 of the FCC rules, because it has a 
regulatory framework that is similar to that of the Miscellaneous 
Wireless Communications Services.
    3. The NPRM also proposes to reduce burdens on persons who use 
Personal Radio Services by authorizing the operation of some or all 
General Mobile Radio Service (GMRS) stations by rule, or alternatively, 
by extending GMRS license terms from five to ten years, and by relaxing 
GMRS eligibility requirements. Additionally, the NPRM proposes to 
improve spectrum use efficiency by providing for the use of narrower 
emission bandwidths in the GMRS. The NPRM further proposes to allow for 
the transmission of Global Positioning System (GPS) location

[[Page 47143]]

information and user-generated text messages on certain GMRS channels, 
and reviews the technical operating parameters of GMRS equipment. 
Additionally, the NPRM reviews the technical and operating requirements 
for the Citizens Band (CB) Radio Service and proposes to permit the use 
of ``hands-free'' microphones in the CB Radio Service. Finally, the 
NPRM proposes to promote the safety and consumer interests of Personal 
Radio Service operators by (1) requiring routine evaluation of GMRS 
portable devices for radio frequency exposure, (2) no longer granting 
certification of radios that have voice scrambling capability and 
``combination radios'' capable of transmitting in the safety services 
in addition to the Personal Radio Services, and (3) preventing the 
marketing of ersatz devices using the term ``Personal Locator Beacon'', 
by limiting the use of that term to genuine personal locator beacons 
that meet the international technical requirements for such devices.

Specific Proposals

    4. The following is a list of the specific proposals in the NPRM, 
and the paragraph number in the full text where discussion of the 
proposal may be found. The FCC invites public comment on any or all of 
them. In this NPRM, the FCC proposes to:
    a. Consolidate all similar or duplicative administrative rules into 
subpart A (para. 10);
    b. Consolidate all technical rules into subpart B (para. 12);
    c. List the frequencies for each service in a table and designate 
each frequency by a channel number (para. 12);
    d. Express frequency tolerance requirements in terms of parts per 
million (ppm) of the carrier or reference frequency (para. 14);
    e. Revise the emission limit rule to reduce duplication, conform 
the way requirements are presented and to increase clarity (para. 18);
    f. Prohibit voice obscuring or scrambling in the GMRS, FRS and CB 
Radio Services and no longer certify equipment with such features 
(para. 20);
    g. Eliminate the requirement for individual licensing for GMRS 
stations and authorize the operation of GMRS stations by rule (para. 
27);
    h. Extend the term of GMRS licenses from 5 to 10 years, in the 
event that the FCC decides not to eliminate licenses as proposed (para. 
28);
    i. Eliminate the minimum age requirement for GMRS (para. 29);
    j. Limit the power of portable (hand-held) GMRS transmitters to 2 
Watts effective radiated power (ERP) (para. 32);
    k. Require routine specific absorption rate (SAR) evaluation for 
portable GMRS transmitters (para. 33);
    l. Change the power limit for GMRS small base stations from 5 Watts 
ERP to 5 Watts transmitter power output (para. 35);
    m. Implement 12.5 kHz narrowbanding (reduction in authorized 
channel bandwidth) in the GMRS (para. 37);
    n. Remove rule (47 CFR 95.29(g)) that allows grandfathered 
operation for certain fixed GMRS stations authorized before March 18, 
1968 (para. 38);
    o. Permit transmission of Global Positioning System (GPS) data in 
the GMRS (para. 42);
    p. No longer certify Personal Radio Services equipment that have 
transmitting capability in services licensed under 47 CFR parts 80, 87, 
90 and 97 (para. 47);
    q. Allow the use of hands-free microphones that operate under 47 
CFR part 15 in the CB Radio Service (para. 53);
    r. Consolidate special equipment certification rules that apply to 
CB Radio equipment (para. 56);
    s. Relocate the 218-219 MHz Service rules from 47 CFR part 95 
subpart F to a new subpart at the end of 47 CFR part 27 (para. 62);
    t. Eliminate the rule (47 CFR 95.813(b)) that prevents licensees 
that fail to construct a 218-219 MHz system from obtaining any new 218-
219 MHz authorization for a period of 3 years, and to instead apply 47 
CFR 27.14(a), providing that such licensee would forfeit the license 
for the unbuilt system and be ineligible to regain it (para. 63);
    u. Replace references to analog TV Grade B contour with appropriate 
references to digital TV in the 218-219 MHz service rules (para. 65);
    v. Clarify that the term ``PLB'' refers only to a personal locator 
beacon that meets the technical requirements for 406 MHz PLBs, and make 
unlawful the marketing of non-compliant devices as ``PLBs'' (para. 68); 
and,
    w. Update the PLB rules to reference the new revised Radio 
Technical Commission for Maritime (RTCM) 406 MHz PLB standards (para. 
69).

Request for Comment on Other Issues

    5. In addition to the specific proposals above, in the NPRM the FCC 
specifically invites comment on a number of other issues where it 
believes that the applicable rules may need revision. The following is 
a list of the other issues for which the FCC has specifically requested 
public comment in the NPRM, and the paragraph number in the full text 
where related discussion may be found. The FCC specifically requests 
comment on:
    a. Whether user-friendly fact sheets should be provided on the FCC 
Web site (para. 10);
    b. Whether to retain the existing ``plain language'' question and 
answer format used in the rules (para. 11);
    c. How transmitting power limits should be expressed in the rules 
(para. 16);
    d. Whether the rule requiring crystal control of the transmitter 
frequency is still necessary (para. 22);
    e. Whether channel sharing requirements developed for the CB Radio 
service should also apply to the GMRS and FRS (para. 55);
    f. Whether the rule limiting the duration of transmissions in the 
CB Radio service (47 CFR 95.416) should be retained, revised or 
eliminated (para. 55);
    g. Whether the rules prohibiting transmission of music or other 
entertainment material, sound effects, or sounds to attract attention 
in the CB Radio service (47 CFR 95.413(a)(6) and 47 CFR 95.416(a)(7)) 
should be retained, revised or eliminated (para. 55);
    h. Whether the rule limiting the distance over which stations may 
communicate in the CB Radio service (47 CFR 95.413(a)(9)) should be 
retained, revised or eliminated (para. 57);
    i. Whether the transmitting power limit in the CB Radio service 
should be reduced (para. 57);
    j. Whether use of directional antennas in the CB Radio service 
should be prohibited (para. 57);
    k. Whether to retain, eliminate or modify the rule allowing 
continuous transmissions lasting longer than 3 minutes in the R/C 
service only when one or more changes are made during each minute of 
transmission (47 CFR 95.215(b)) (para. 58);
    l. What measures could be taken to provide greater operational or 
technical flexibility in the use of the 218-219 MHz radio service 
(para. 60);
    m. Whether to eliminate the requirement for 218-219 MHz licensees 
to file a plan analyzing interference potential (para. 64);
    n. What changes to make to the 218-219 MHz rules in regard to 
protection of TV channel 13 reception, in view of the digital 
television (DTV) conversion (para. 65);
    o. What changes may be needed to the rules governing the Low Power 
Radio Service (LPRS), Wireless Medical Telemetry Service (WMTS), 
Medical Device Radiocommunication Service

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(MedRadio), Multi-Use Radio Service (MURS) and Dedicated Short-Range 
Communications Service (On-Board Units) (para. 70).

Procedural Matters

    6. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed pursuant to the 
Commission's rules. See generally 47 CFR 1.1202, 1.1203, 1.1206. 
Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
interested parties may file comments and reply comments on or before 
the dates indicated above. Comments and reply comments may be filed 
using: (1) The Commission's Electronic Comment Filing System (ECFS); 
(2) the Federal Government's eRulemaking Portal; or, (3) by filing 
paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, GN Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 
(1998).
    7. Electronic Filers: Comments may be filed electronically using 
the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/ or 
the Federal eRulemaking Portal: https://www.regulations.gov.
    8. Paper Filers: Parties choosing to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, commenters 
must submit two additional copies for each additional docket or 
rulemaking number.
    9. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
at this location are 8 a.m. to 7 p.m. All hand deliveries must be held 
together with rubber bands or fasteners. Any envelopes must be disposed 
of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express and Priority mail 
must be addressed to 445 12th St., SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an e-mail to fcc504@fcc.gov or call the 
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    The public may view the documents filed in this proceeding during 
regular business hours in the FCC Reference Information Center, Federal 
Communications Commission, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554, and on the Commission's Internet Home Page: 
https://www.fcc.gov. Copies of comments and reply comments are also 
available through the Commission's duplicating contractor: Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail at: 
https://www.bcpiweb.com.

Regulatory Flexibility Act

    10. The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice-and-comment 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA generally defines 
``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).
    11. The two statutorily-mandated criteria that the FCC must apply 
when determining whether an Initial Regulatory Flexibility 
Certification is appropriate are: (1) Whether the proposed rules, if 
adopted, would have a significant economic effect, and (2) if so, 
whether the economic effect would directly affect a substantial number 
of small entities. Upon application of these criteria, summarized in 
the following paragraphs, the FCC finds it appropriate to certify that 
the proposals in this NPRM, if adopted, would not have a significant 
economic effect on a substantial number of small entities.
    12. With respect to the first criterion, the FCC finds that 
adoption of the proposals in the NPRM would not have a significant 
economic effect. In reaching this determination, the FCC first notes 
that most of the proposed changes to part 95 in the NPRM are editorial 
and organizational in nature rather than substantive, and as such would 
not have any economic effect at all on any entities, large or small. Of 
the remaining proposed changes in the NPRM, many of them would directly 
affect only Personal Radio users, who are individual persons not 
considered to be small entities for the purpose of the RFA by the FCC, 
the SBA or Congress.
    13. In addition to the editorial rule changes and those that affect 
only individual persons, however, the NPRM also proposes rules that 
would affect Personal Radio Service equipment manufacturers. Some of 
these rules would allow equipment manufacturers the flexibility to 
include certain new features in their future Personal Radio Services 
products, if they so desire. Because such rules are permissive and not 
mandatory requirements, any economic effects on these manufacturers, 
such as an increase in sales or manufacturing cost per unit, would be 
the result of the equipment manufacturer's decision as to whether to 
take advantage of the increased options. As stated supra, the NPRM 
proposes (1) to require routine evaluation of certain GMRS radios for 
radio frequency exposure, (2) that the FCC no longer grant 
certification of certain types of personal radios (those combined with 
safety service radios and those with voice scrambling capability), and 
(3) to restrict future marketing use of the term ``personal locator 
beacon''. If adopted, these proposed rules could require some equipment 
manufacturers to make adjustments to their future product plans (in 
regard to combination and voice-scrambling radios) or to alter product 
labeling (in regard to personal locator beacons). The FCC believes 
however, that the cost to manufacturers of implementing any of these 
proposals would be small in comparison to the costs of design, 
manufacturing, distribution and marketing of these products. Therefore, 
the FCC concludes that adoption of the NPRM proposals would not have 
more than a de minimis, if any, economic effect on manufacturers.
    14. As for the second criterion, the FCC, while not in any way 
conceding the preceding point, considers arguendo the case that one or 
more proposals in the NPRM, if adopted, turns out to have a significant 
economic effect. In such hypothetical case, the FCC considers whether 
the economic effect would directly affect a substantial number of small 
entities. Initially, the FCC notes that the substantive proposals in 
the NPRM would directly affect only

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operators of Personal Radio Services stations and entities who seek FCC 
certification of equipment for use in the Personal Radio Services. The 
former are individual persons, and that latter are typically large 
manufacturing organizations, neither of which is considered to be small 
entities for purposes of the RFA by the FCC, the SBA or Congress. The 
Personal Radio Services equipment market is a large, nationwide market 
and most Personal Radio Services devices are mass-marketed directly to 
the general public as consumer goods. This necessitates a large-volume 
manufacturing capability that a small entity typically does not have. 
Although there are small-entities that make accessory devices for the 
Personal Radio Services, and there are small-entity retailers, such as 
truck stops, that sell Personal Radio Services equipment (e.g. CB 
radios), the proposals outlined supra would not directly affect any of 
them. In view of these factors, the FCC concludes that the proposals in 
the NPRM would not directly affect any small entities, and thus 
obviously by reason would not directly affect a substantial number of 
small entities.
    15. The FCC therefore certifies, pursuant to the RFA, that the 
proposals in this NPRM, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The FCC will 
send a copy of the NPRM, including a copy of this Initial Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
SBA.

Initial Paperwork Reduction Act of 1995 Analysis

    16. This document proposes to eliminate an information collection. 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public and the Office of Management and 
Budget (OMB) to comment on the information collection requirements 
contained in this document, as required by the Paperwork Reduction Act 
of 1995, Public Law 104-13. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), we seek specific comment on how we might ``further reduce 
the information collection burden for small business concerns with 
fewer than 25 employees.''

List of Subjects in 47 CFR Parts 1, 27 and 95

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 27 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, 157, 225, 303(r), and 309.

    2. Section 1.1307 is amended by revising paragraph (b)(2) as 
follows:


Sec.  1.1307  Actions that 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 Wireless 
Communications Service, the Maritime Services (ship earth stations 
only), the Specialized Mobile Radio Service, and the 3650 MHz Wireless 
Broadband Service authorized under parts 22, 24, 25, 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 
Sec. Sec.  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 Sec. Sec.  15.253(f), 15.255(g), 
15.319(i), and 15.407(f) of this chapter. Portable devices as defined 
in Sec.  2.1093(b) of this chapter operating in the General Mobile 
Radio Service (GMRS), the Wireless Medical Telemetry Service (WMTS) and 
the Medical Device Radiocommunication Service (MedRadio) subparts C, H 
and I of part 95 of this chapter are subject to radio frequency 
radiation exposure requirements as specified in Sec. Sec.  2.1093 and 
95.49 of this chapter. Equipment authorized for use in the Medical 
Device Radiocommunication Service (MedRadio) as a medical implant or 
body-worn transmitter (as defined in Appendix 1 to part 95, subpart E 
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 Sec. Sec.  2.1091, 2.1093 of this chapter except as 
specified in paragraphs (c) and (d) of this section.
* * * * *

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337 unless otherwise noted.

    3. Section 27.1 is amended by adding paragraph (b)(10) to read as 
follows:


Sec.  27.1  Basis and purpose.

* * * * *
    (b) * * *
    (10) 218-219 MHz.
* * * * *
    4. Amend Sec.  27.2 by adding paragraph (d) to read as follows:


Sec.  27.2  Permissible communications.

* * * * *
    (d) 218-219 MHz. A 218-219 MHz Service system may provide any fixed 
or mobile communications service to subscribers within its service area 
on its assigned spectrum, consistent with the Commission's rules and 
the regulatory status of the system to provide services on a common 
carrier or private basis.
    5. Amend Sec.  27.5 by adding paragraph (j) to read as follows:


Sec.  27.5  Frequencies.

* * * * *
    (j) 218-219 MHz band. There are two frequency segments available 
for assignment to the 218-219 MHz Service in each service area. 
Frequency segment A is 218.000-218.500 MHz. Frequency segment B is 
218.501-219.000 MHz.
    6. Amend Sec.  27.10 by revising paragraph (a) and by adding 
paragraph (e) to read as follows:


Sec.  27.10  Regulatory status.

* * * * *
    (a) Single authorization. Authorization will be granted to provide 
any or a combination of the following services in a single license: 
common carrier, non-common carrier, private internal communications, 
and broadcast

[[Page 47146]]

services. A licensee may render any kind of communications service 
consistent with the regulatory status in its license and with the 
Commission's rules applicable to that service. A system in the 218-219 
MHz Service may not provide broadcast services. An applicant or 
licensee may submit a petition at any time requesting clarification of 
the regulatory status for which authorization is required to provide a 
specific communications service.
* * * * *
    (e) Pre-existing 218-219 MHz licenses. Licenses in the 218-219 MHz 
Service granted before April 9, 2001, are authorized to provide 
services on a private (non-common carrier) basis. Licensees may modify 
this initial status pursuant to paragraph (d) of this section.
    7. Amend Sec.  27.11 by adding paragraph (j) to read as follows:


Sec.  27.11  Initial authorization.

* * * * *
    (j) 218-219 MHz band. There are two frequency segments available 
for assignment to the 218-219 MHz Service in each service area. 
Frequency segment A is 218.000-218.500 MHz. Frequency segment B is 
218.501-219.000 MHz.
    8. Amend Sec.  27.13 by adding paragraph (i) to read as follows:


Sec.  27.13  License period.

* * * * *
    (i) 218-219 MHz. Authorizations for the 218-219 MHz band will have 
a term not to exceed ten years from the date of initial issuance or 
renewal. Licenses for individually-licensed cellular transmitter 
stations will be issued for a period running concurrently with the 
license of the associated 218-219 MHz Service system with which they 
are licensed.
    9. Amend Sec.  27.14 by redesignating paragraphs (g) through (o) as 
(h) through (p), and adding paragraphs (g), (q) and (r), to read as 
follows:


Sec.  27.14  Construction requirements; criteria for renewal.

* * * * *
    (g) Comparative renewal proceedings do not apply to licensees 
holding authorizations for the 218-219 MHz band. These licensees must 
file a renewal application in accordance with the provisions set forth 
in Sec.  1.949 of this chapter.
* * * * *
    (q) Each licensee holding authorizations in the 218-219 MHz band 
must make a showing of ``substantial service'' within ten years of the 
license grant. A ``substantial service'' assessment will be made at 
renewal pursuant to the provisions and procedures contained in Sec.  
1.949 of this chapter.
    (r) Each licensee holding authorizations in the 218-219 MHz band 
must file a report informing the Commission of the service status of 
its system. The report must be labeled as an exhibit to the renewal 
application. At minimum, the report must include:
    (1) A description of its current service in terms of geographic 
coverage and population served;
    (2) An explanation of its record of expansion, including a 
timetable of new construction to meet changes in demand for service;
    (3) A description of its investments in its 218-219 MHz Service 
systems;
    (4) A list, including addresses, of all component cellular 
transmission stations constructed; and
    (5) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any Commission rules or policy; and a list of 
any pending proceedings that relate to any matter described in this 
paragraph.
    10. Amend Sec.  27.50 by adding paragraph (j) to read as follows:


Sec.  27.50  Power and antenna height limits.

* * * * *
    (j) The following power and antenna height requirements apply to 
stations transmitting in the 218-219 MHz band:
    (1) The effective radiated power (ERP) of each cellular transmitter 
station (CTS) and response transmitter unit (RTU) shall be limited to 
the minimum necessary for successful communications. No CTS or fixed 
RTU may transmit with an ERP exceeding 20 watts. No mobile RTU may 
transmit with an ERP exceeding 4 watts.
    (2) The overall height from ground to topmost tip of a CTS antenna 
shall not exceed the height necessary to assure adequate service. 
Certain CTS antennas must be individually licensed to the 218-219 MHz 
System licensee (see Sec.  27.1403(b)) and the antenna structures of 
which they are a part must be registered with the Commission (see part 
17 of this chapter).
    (3) The RTU may be connected to an external antenna not more than 
6.1 m (20 feet) above ground or above an existing man-made structure 
(other than an antenna structure). Connectors that are used to connect 
RTUs to an external antenna shall not be of the types generally known 
as ``F-type'' or ``BNC type.''
    11. Amend Sec.  27.53 by adding paragraph (o) to read as follows:


Sec.  27.53  Emission limits.

* * * * *
    (o) For operations in the 218-219 MHz band, all transmissions by 
each cellular transmitter station and by each response transmitter unit 
shall use an emission type that complies with the following standard 
for unnecessary radiation.
    (1) All spurious and out-of-band emissions shall be attenuated:
    (i) Zero dB on any frequency within the authorized frequency 
segment;
    (ii) At least 28 dB on any frequency removed from the midpoint of 
the assigned frequency segment by more than 250 kHz up to and including 
750 kHz;
    (iii) At least 35 dB on any frequency removed from the midpoint of 
the assigned frequency segment by more than 750 kHz up to and including 
1250 kHz;
    (iv) At least 43 + 10 log (P) dB on any frequency removed from the 
midpoint of the assigned frequency segment by more than 1250 kHz.
    (2) When testing for certification, all measurements of unnecessary 
radiation are performed using a carrier frequency as close to the edge 
of the authorized frequency segment as the transmitter is designed to 
be capable of operating.
    (3) The resolution bandwidth of the instrumentation used to measure 
the emission power shall be 100 Hz for measuring emissions up to and 
including 250 kHz from the edge of the authorized frequency segment, 
and 10 kHz for measuring emissions more than 250 kHz from the edge of 
the authorized frequency segment. If a video filter is used, its 
bandwidth shall not be less than the resolution bandwidth. The power 
level of the highest emission within the frequency segment, to which 
the attenuation is referenced, shall be remeasured for each change in 
resolution bandwidth.
    12. Add subpart O to part 27 to read as follows:

Subpart O--218-219 MHz Band

Sec.
27.1401 Scope.
27.1402 218-219MHz service description.
27.1403 License requirements.
27.1404 License application.
27.1405 Competitive bidding proceedings.
27.1406 License transferability.
27.1407 Station identification.
27.1408 Station inspection.
27.1409 Certification.
27.1410 Interference.

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337 unless otherwise noted.

[[Page 47147]]

Sec.  27.1401  Scope.

    This subpart sets out the regulations governing the licensing and 
operation of a 218-219 MHz system. This subpart supplements part 1, 
subpart F of this chapter, which establishes the requirements and 
conditions under which commercial and private radio stations may be 
licensed and used in the Wireless Telecommunications Services.


Sec.  27.1402  218-219 MHz service description.

    (a) The 218-219 MHz Service is authorized for system licensees to 
provide communication service to subscribers in a specific service 
area.
    (b) The components of each 218-219 MHz Service system are its 
administrative apparatus, its response transmitter units (RTUs), and 
one or more cell transmitter stations (CTSs). RTUs may be used in any 
location within the service area. CTSs provide service from a fixed 
point, and certain CTSs must be individually licensed as part of a 218-
219 MHz Service system. See Sec.  27.1403.
    (c) Each 218-219 MHz Service system service area is one of the 
cellular markets as defined in Sec.  22.909 of this chapter, unless 
modified pursuant to Sec.  27.15.


Sec.  27.1403  License requirements.

    (a) Each 218-219 MHz Service system must be licensed in accordance 
with part 1, subpart F of this chapter.
    (b) Each cellular transmitter station (CTS) where the antenna does 
not exceed 6.1 meters (20 feet) above ground or an existing structure 
(other than an antenna structure) and is outside the vicinity of 
certain receiving locations (see Sec.  1.924 of this chapter) is 
authorized under the 218-219 MHz System license. All other CTS must be 
individually licensed.
    (c) All CTSs not meeting the licensing criteria under paragraph (b) 
of this section are authorized under the 218-219 MHz Service system 
license.
    (d) Each component response transmitter unit (RTU) in a 218-219 MHz 
Service system is authorized under the system license or if associated 
with an individually licensed CTS, under that CTS license.
    (e) Each CTS (regardless of whether it is individually licensed) 
and each RTU must be in compliance with the Commission's environmental 
rules (see part 1, subpart I of this chapter) and the Commission's 
rules pertaining to the construction, marking and lighting of antenna 
structures (see part 17 of this chapter).


Sec.  27.1404  License application.

    (a) In addition to the requirements of part 1, subpart F of this 
chapter, each application for a 218-219 MHz Service system license must 
include a plan analyzing the co- and adjacent channel interference 
potential of the proposed system, identifying methods being used to 
minimize this interference, and showing how the proposed system will 
meet the service requirements set forth in Sec.  27.14. This plan must 
be updated to reflect changes to the 218-219 MHz Service system design 
or construction.
    (b) In addition to the requirements of part 1, subpart F of this 
chapter, each request by a 218-219 MHz Service system licensee to add, 
delete, or modify technical information of an individually licensed 
cellular transmitter station (CTS) (see Sec.  27.1403(b)) must include 
a description of the system after the proposed addition, deletion, or 
modifications, including the population in the service area, the number 
of component CTSs, and an explanation of how the system will satisfy 
the service requirements specified in Sec.  27.14.


Sec.  27.1405  Competitive bidding proceedings.

    (a) Mutually exclusive initial applications for 218-219 MHz Service 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this part.
    (b) Installment payments. Eligible Licensees that elect resumption 
pursuant to Amendment of Part 95 of the Commission's Rules to Provide 
Regulatory Flexibility in the 218-219 MHz Service, Report and Order and 
Memorandum Opinion and Order, FCC 99-239 (released September 10, 1999) 
may continue to participate in the installment payment program. 
Eligible Licensees are those that were current in installment payments 
(i.e., less than ninety days delinquent) as of March 16, 1998, or those 
that had properly filed grace period requests under the former 
installment payment rules. All unpaid interest from grant date through 
election date will be capitalized into the principal as of Election Day 
creating a new principal amount. Installment payments must be made on a 
quarterly basis. Installment payments will be calculated based on new 
principal amount as of Election Day and will fully amortize over the 
remaining term of the license. The interest rate will equal the rate 
for five-year U.S. Treasury obligations at the grant date.
    (c) Installment payment provisions for partitioning and 
disaggregation--(1) Parties not qualified for installment payment 
plans.
    (i) When a winning bidder (partitionor or disaggregator) that 
elected to pay for its license through an installment payment plan 
partitions its license or disaggregates spectrum to another party 
(partitionee or disaggregatee) that would not qualify for an 
installment payment plan, or elects not to pay for its share of the 
license through installment payments, the outstanding principal balance 
owed by the partitionor or disaggregator shall be apportioned according 
to Sec.  1.2111(e)(3) of this chapter. The partitionor or disaggregator 
is responsible for accrued and unpaid interest through and including 
the consummation date.
    (ii) The partitionee or disaggregatee shall, as a condition of the 
approval of the partial assignment application, pay its entire pro rata 
amount of the outstanding principal balance on or before the 
consummation date. Failure to meet this condition will result in 
cancellation of the grant of the partial assignment application.
    (iii) The partitionor or disaggregator shall be permitted to 
continue to pay its pro rata share of the outstanding balance and, if 
applicable, shall receive loan documents evidencing the partitioning 
and disaggregation. The original interest rate, established pursuant to 
Sec.  1.2110(g)(3)(i) of this chapter at the time of the grant of the 
initial license in the market, shall continue to be applied to the 
partitionor's or disaggregator's portion of the remaining government 
obligation.
    (iv) A default on the partitionor's or disaggregator's payment 
obligation will affect only the partitionor's or disaggregator's 
portion of the market.
    (2) Parties qualified for installment payment plans.
    (i) Where both parties to a partitioning or disaggregation 
agreement qualify for installment payments, the partitionee or 
disaggregatee will be permitted to make installment payments on its 
portion of the remaining government obligation.
    (ii) Each party may be required, as a condition to approval of the 
partial assignment application, to execute loan documents agreeing to 
pay its pro rata portion of the outstanding principal balance due, as 
apportioned according to Sec.  1.2111(e)(3) of this chapter, based upon 
the installment payment terms for which it qualifies under the rules. 
Failure by either party to meet this condition will result in the 
automatic cancellation of the grant of the partial assignment 
application. The interest rate, established pursuant to Sec.  
1.2110(g)(3)(i) of this chapter at the time of the grant of the initial 
license in

[[Page 47148]]

the market, shall continue to be applied to both parties' portion of 
the balance due. Each party will receive a license for its portion of 
the partitioned market.
    (iii) A default on an obligation will affect only that portion of 
the market area held by the defaulting party.
    (d) Eligibility for small business provisions.
    (1) A small business is an entity that, together with its 
affiliates and controlling interests, has average gross revenues not to 
exceed $15 million for the preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and controlling interests, has average gross revenues not to 
exceed $3 million for the preceding three years.
    (e) Bidding credits. A winning bidder that qualifies as a small 
business, as defined in this subsection, or a consortium of small 
businesses may use the bidding credit specified in Sec.  
1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a 
very small business, as defined in this section, or a consortium of 
very small businesses may use the bidding credit specified in 
accordance with Sec.  1.2110(f)(2)(i) of this chapter.
    (f) Winning bidders in Auction No. 2, which took place on July 28-
29, 1994, that, at the time of auction, met the qualifications under 
the Commission's rules then in effect, for small business status will 
receive a twenty-five percent bidding credit pursuant to Amendment of 
Part 95 of the Commission's Rules to Provide Regulatory Flexibility in 
the 218-219 MHz Service, Report and Order and Memorandum Opinion and 
Order, FCC 99-239 (released September 10, 1999).


Sec.  27.1406  License transferability.

    (a) A 218-219 MHz Service system license, together with all of its 
component cellular transmitter stations (CTS) licenses, may be 
transferred, assigned, sold, or given away only in accordance with the 
provisions and procedures set forth in Sec.  1.948 of this chapter. For 
licenses acquired through competitive bidding procedures (including 
licenses obtained in cases of no mutual exclusivity), designated 
entities must comply with Sec. Sec.  1.2110 and 1.2111 of this chapter 
(see Sec.  1.948(a)(3) of this chapter).
    (b) If the transfer, assignment, sale, or gift of a license is 
approved, the new licensee is held to the construction requirements set 
forth in Sec.  27.14.


Sec.  27.1407  Station identification.

    No response transmitter unit or cellular transmitter station is 
required to transmit a station identification announcement.


Sec.  27.1408  Station inspection.

    Upon request by an authorized Commission representative, the 218-
219 MHz Service system licensee must make any component cellular 
transmitter station available for inspection.


Sec.  27.1409  Certification.

    Each cellular transmitter station and response transmitter unit 
must be certificated for use in the 218-219 MHz Service in accordance 
with part 2, subpart J of this chapter.


Sec.  27.1410  Interference.

    (a) When a 218-219 MHz Service system suffers harmful interference 
within its service area or causes harmful interference to another 218-
219 MHz Service system, the licensees of both systems must cooperate 
and resolve the problem by mutually satisfactory arrangements. If the 
licensees are unable to do so, the Commission may impose restrictions 
including, but not limited to, specifying the transmitter power, 
antenna height or area, duty cycle, or hours of operation for the 
stations concerned.
    (b) The use of any frequency segment (or portion thereof) at a 
given geographical location may be denied when, in the judgment of the 
Commission, its use in that location is not in the public interest; the 
use of a frequency segment (or portion thereof) specified for the 218-
219 MHz Service system may be restricted as to specified geographical 
areas, maximum power, or other operating conditions.
    (c) A 218-219 MHz Service licensee must provide a copy of the plan 
required by Sec.  27.1404 (a) to every TV Channel 13 station whose 
Noise Limited Contour, as determined in Sec.  73.622(e) of this 
chapter, overlaps the licensed service area for the 218-219 MHz Service 
system. The 218-219 MHz Service licensee must send the plan to the TV 
Channel 13 licensee(s) within 10 days from the date the 218-219 MHz 
Service submits the plan to the Commission, and the 218-219 MHz Service 
licensee must send updates to this plan to the TV Channel 13 
licensee(s) within 10 days from the date that such updates are filed 
with the Commission pursuant to Sec.  95.815 of this chapter.
    (d) Each 218-219 MHz Service system licensee must provide upon 
request, and install free of charge, an interference reduction device 
to any household within a TV Channel 13 station Noise Limited Contour 
that experiences interference due to a component cellular transmitter 
station or response transmitter unit (RTU).
    (e) Each 218-219 MHz Service system licensee must investigate and 
eliminate harmful interference to television broadcasting and 
reception, from its component CTSs and RTSs, within 30 days of the time 
it is notified in writing, by either an affected television station, an 
affected viewer, or the Commission, of an interference complaint. 
Should the licensee fail to eliminate the interference within the 30-
day period, the CTS(s) or RTU(s) causing the problem(s) must 
discontinue operation.
    (f) The boundary of the 218-219 MHz Service system, as defined in 
its authorization, is the limit of interference protection for that 
218-219 MHz Service system.
    13. Part 95 is revised as follows:

PART 95--Personal Radio Services

Subpart A--General Information
Sec.
95.1 Basis and Purpose.
95.3 Definitions.
95.5 License requirement and eligibility.
95.7 Authorized locations.
95.9 Licensee responsibility.
95.11 Station inspection.
95.13 Correspondence and notices from the FCC.
95.15 Penalties for violating the rules.
95.17 Contact the FCC.
Subpart B--Technical Information
95.31 Scope.
95.33 Equipment certification requirements.
95.35 Power.
95.37 Frequency tolerance.
95.39 Bandwidth limitations.
95.41 Unwanted emissions.
95.43 Modulation standards.
95.45 Antenna limits.
95.47 Telephone interconnection.
95.49 RF safety.
Subpart C--General Mobile Radio Service (GMRS)
95.101 Scope.
95.103 Channels available.
95.105 Permissible communications.
Subpart D--Radio Control (R/C) Radio Service
95.201 Scope.
95.203 Channels available.
95.207 Permissible communications.
95.209 Special restrictions on the location of R/C stations.
95.211 Operation by remote control.
Subpart E--Citizens Band (CB) Radio Service
95.301 Scope.
95.303 Am I eligible to operate a CB station?
95.305 Are there any special restrictions on the location of my CB 
station?
95.307 On what channels may I operate?
95.309 Do I have any antenna limitations?.
95.311 What equipment may I use at my CB station?

[[Page 47149]]

95.313 May I use power amplifiers?
95.315 What communications may be transmitted?
95.317 What communications are prohibited?
95.319 May I be paid to use my CB station?
95.321 Do I have to limit the length of my communications?
95.323 How do I use my CB station in an emergency or to assist a 
traveler?
95.325 May I operate my CB station transmitter by remote control?
95.327 May I connect my CB station transmitter to a telephone?
Subpart F--Family Radio Service (FRS)
95.401 Scope.
95.403 Channels available.
95.405 Permissible communications.
Subpart G--Low Power Radio Service (LPRS)
95.501 Scope.
95.503 Channels available.
95.505 Permissible communications.
95.507 Notification requirement.
95.509 Marketing limitations.
Subpart H--Wireless Medical Telemetry Service (WMTS)
95.601 Scope.
95.603 Channels available.
95.605 Permissible communications.
95.607 Frequency coordination.
95.609 Frequency coordinator.
95.611 Special requirements for operating in the 608-614 MHz band.
95.613 Special requirements for wireless medical telemetry devices 
operating in the 1395-1400 and 1427-1429.5 MHz bands.
95.615 Protection of medical equipment.
Subpart I--Medical Device Radiocommunications Service (MedRadio)
95.701 Scope.
95.703 Permissible communications.
95.705 Channel use policy.
95.707 Disclosure polices.
95.709 Labeling requirements.
95.711 Marketing limitations.
95.713 Certification procedures.
95.715 MedRadio transmitters.
95.717 Maximum transmitter power.
95.719 Emission types.
95.721 Emission bandwidth.
95.723 Unwanted radiation.
95.725 Antennas.
95.727 RF exposure.
Subpart J--Multi-Use Radio Service (MURS)
95.801 Scope.
95.803 Channels available.
95.805 Permissible communications.
95.807 Repeater operations and signal boosters prohibited.
95.809 Grandfathered MURS Stations.
Subpart K--Personal Locator Beacons (PLB)
95.901 Scope.
95.903 Channels available.
95.905 Permissible communications.
95.907 Special requirements for 406 MHz PLBs.
95.909 Marketing limitations.
Subpart L--Dedicated Short-range Communications Service On-Board Units 
(DSRCS-OBUs)
95.1001 Scope.
95.1003 ASTM E2213-03 DSRC Standard.
95.1005 Channel designations of frequencies available.

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

Subpart A--General Information


Sec.  95.1  Basis and purpose.

    This section contains a concise general statement of the basis and 
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
    (a) Basis. These rules are issued pursuant to the Communications 
Act of 1934, as amended, 47 U.S.C. 151 et. seq.
    (b) Purpose. The purpose of these rules is to establish the 
requirements and conditions under which radio stations may be licensed 
and used in the Personal Radio Services.


Sec.  95.3  Definitions.

    Antenna. The radiating system (for transmitting, receiving or both) 
and the structure holding it up (tower, pole or mast).
    Authorized bandwidth. Maximum permissible bandwidth of a 
transmission.
    Automated maritime telecommunications system (AMTS). An automatic 
maritime communications system administered under part 80 of the 
Commission's rules.
    Base station. A fixed station that communicates with mobile 
stations.
    Carrier power. Average transmitter output power during one RF cycle 
under condition of no modulation.
    Channel center frequencies. Reference frequencies from which the 
carrier frequency, suppressed or otherwise, may not deviate by more 
than the specified frequency tolerance.
    Citizens Band (CB) Radio Service. The CB Radio Service is a 
private, two-way, short-distance voice communications service intended 
primarily for personal activities of the general public. The CB Radio 
Service may also be used for voice paging.
    Citizens Band Radio Services. The Citizens Band Radio Services are 
the Citizens Band, Family Radio Service, Personal Locator Beacon, Low 
Power Radio Service, Medical Implant Communications Service, Multi-Use 
Radio Service, Wireless Medical Telemetry Service, and Dedicated Short-
range Communications Service On-Board Units.
    CB transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the CB Radio Service.
    Dedicated Short-range Communications Service On-Board Units (DSRCS-
OBUs). DSRCS-OBUs may communicate with DSRCS Roadside Units (RSUs), 
which are authorized under part 90 of this chapter.
    Family Radio Service (FRS). The FRS is a private, two-way, very 
short-distance voice and data communications service for facilitating 
family and group activities.
    General Mobile Radio Service (GMRS). GMRS is a land mobile radio 
service available to persons for short-distance two-way communications 
intended primarily to facilitate personal communications.
    Health care facility. A health care facility includes hospitals and 
other establishments that offer services, facilities and beds for use 
beyond a 24-hour period in rendering medical treatment, and 
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; except the term health care facility 
does not include an ambulance or other moving vehicle.
    Low Power Radio Service (LPRS). The LPRS is a private, short-
distance communications service providing auditory assistance to 
persons with disabilities, persons who require language translations, 
and persons in educational settings, health care assistance to the ill, 
law enforcement tracking services in cooperation with law enforcement, 
and point-to-point network control communications for Automated Marine 
Telecommunications System (AMTS) coast stations licensed under part 80 
of this chapter.
    Mean power. Average transmitter output power over a time interval 
of at least 0.1 seconds.
    Medical Device Radiocommunications Service (MedRadio). 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 and body-worn medical devices.
    With regard to MedRadio, the following definitions apply:
    (1) EIRP. Equivalent Isotropically Radiated Power. Antenna input 
power times gain for free-space or in-tissue measurement configurations 
required by MedRadio, expressed in watts, where the gain is referenced 
to an isotropic radiator.
    (2) Emission bandwidth. Measured as the width of the signal between 
the points on either side of carrier center

[[Page 47150]]

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.
    (3) Medical body-worn device. 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.
    (4) Medical body-worn transmitter. A MedRadio transmitter intended 
to be placed on or in close proximity to the human body (e.g., within a 
few centimeters) used to facilitate communications with other medical 
communications devices for purposes of delivering medical therapy to a 
patient or collecting medical diagnostic information from a patient.
    (5) Medical implant device. Apparatus that is placed inside the 
human body for the purpose of performing diagnostic and/or therapeutic 
functions.
    (6) 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.
    (7) Medical implant transmitter. A MedRadio transmitter in which 
both the antenna and transmitter device are designed to operate within 
a human body for the purpose if facilitating communications from a 
medical implant device.
    (8) MedRadio 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 MedRadio communications session. 
(Note: The rules do not specify a channeling scheme for use by MedRadio 
systems.)
    (9) MedRadio communications session. A collection of transmissions, 
that may or may not be continuous, between MedRadio system devices.
    (10) Medical implant transmitter. A transmitter authorized to 
operate in the MedRadio service.
    (11) MedRadio programmer/control transmitter. A MedRadio 
transmitter that operates or is designed to operate outside of a human 
body for the purpose of communicating with a receiver, or for 
triggering a transmitter, connected to a medical implant device or to a 
medical body-worn device used in the MedRadio Service; and which also 
typically includes a frequency monitoring system that initiates a 
MedRadio communications session.
    (12) MedRadio Service. Medical Device Radiocommunication Service.
    (13) Multi-Use Radio Service (MURS). MURS is a private, two-way, 
short-distance voice, data or image communications service for personal 
or business activities of the general public.
    (14) Personal Locator Beacon (PLB). PLBs are intended to provide 
individuals in remote areas a means to alert others of an emergency 
situation and to aid search and rescue personnel to locate those in 
distress.
    (15) Radio Control (R/C) Radio Service. The R/C Service is a 
private, one-way, short-distance non-voice communications service for 
the operation of devices at remote locations.
    (16) R/C transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the R/C.
    (17) Wireless medical telemetry. The measurement and recording of 
physiological parameters and other patient-related information via 
radiated bi- or unidirectional electromagnetic signals in the 608-614 
MHz, 1395-1400 MHz, and 1427-1429.5 MHz frequency bands.
    (18) Wireless Medical Telemetry Service (WMTS). The WMTS is a 
private, short-distance data communication service for the transmission 
of patient medical information to a central monitoring location in a 
hospital or other hospital care facility.


Sec.  95.5  License requirement and eligibility.

    Except as set forth in paragraphs (a) through (d), you are 
authorized by rule (no individual FCC license is required) to operate 
Personal Radio Service transmitters that have been approved as required 
in Sec.  95.33.
    (a) Stations belonging to and operated by the United States 
Government, and stations operated by foreign governments or their 
representatives are not authorized.
    (b) Each entity operating a LPRS transmitter for AMTS purposes must 
hold an AMTS license under part 80 of this chapter.
    (c) Authorized health care providers are authorized by rule to 
operate transmitters in the Wireless Medical Telemetry Service without 
an individual license issued by the Commission provided the 
coordination requirements in Sec.  95.607 have been met. Manufacturers 
of wireless medical telemetry devices and their representatives are 
authorized to operate wireless medical telemetry transmitters in this 
service solely for the purpose of demonstrating such equipment to, or 
installing and maintaining such equipment for, duly authorized health 
care providers. No entity that is a foreign government or which is 
active in the capacity as a representative of a foreign government is 
eligible to operate a WMTS transmitter.
    (d) Operation in the MedRadio service is permitted by rule and 
without an individual license issued by the FCC. Duly authorized health 
care professionals are permitted to operate MedRadio transmitters. 
Persons may also operate MedRadio transmitters to the extent the 
transmitters are incorporated into implanted or body-worn medical 
devices that are used by the person at the direction of a duly 
authorized health care professional; this includes medical devices that 
have been implanted in that person or placed on the body of that person 
by or under the direction of a duly authorized health care 
professional. Manufacturers of medical devices that include MedRadio 
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 
MedRadio 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. Operations that 
comply with the requirements of this part may be conducted under manual 
or automatic control.


Sec.  95.7  Authorized locations.

    (a) Provided that you comply with the rules of this chapter, you 
are authorized to operate a Personal Radio Services transmitter from:
    (1) Within the United States and its territories. Those areas 
include the fifty United States and the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands (50 
islets and cays), American Samoa (seven islands), the Commonwealth of 
Northern Marianna Islands, and Guam Island;
    (2) Aboard any vessel or aircraft registered in the United States, 
with the permission of the captain, that is within or over the United 
States or its territories, U.S. territorial waters, or upon or over 
international waters; or
    (3) Aboard any unregistered vessel or aircraft owned or operated by 
a United States citizen or company that is within or over the United 
States or its

[[Page 47151]]

territories, U.S. territorial waters or upon or over international 
waters.
    (b) You may be subject to additional restrictions if you operate 
your Personal Radio Services transmitter:
    (1) Near an FCC field office or in a quiet zone. See Sec.  1.924 of 
this chapter.
    (2) In an area subject to an international treaty or agreement.
    (3) At an environmentally sensitive site, or in such a manner as to 
raise environmental problems. See Sec. Sec.  1.1307, 1.1311 and 1.1312 
of this chapter.
    (4) In an area administered