0936_ss_062209

3060-0936

June 2009

SUPPORTING STATEMENT

A. Justification:

1. The information collection contained in sections 95.1215 and 95.1217 require manufacturers of transmitters for the Medical Implant Communications Service (MICS) to include with each transmitting device a statement regarding harmful interference and to label the device in a conspicuous location on the device. The requirements will allow use of potential life-saving medical technology without causing interference to other users of the 402-405 MHz band.

Statutory authority for this collection of information is contained in 47 U.S.C. 154, 303 unless otherwise noted.

As noted on the Form 83-I, this information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

2. The information collection requires that MICS transmitters must include with each transmitting device the following statement: “This transmitter is authorized by rule under the Medical Implant Communications Service (47 CFR Part 95) and must not cause harmful interference to stations operating in the 400.150 – 406.000 MHz in the Meteorological Aids (i.e. transmitters and receivers used to communicate weather data), the Meteorological Satellite, or the Earth Exploration Satellite Services and must accept interference that may be caused by such aids, including interference that may cause undesired operation. This transmitter shall be used only in accordance with the FCC Rules governing the Medical Implant Communications Service. Analog and digital voice communications are prohibited. Although this transmitter has been approved by the Federal Communications Commission, there is no guarantee that it will not receive interference or that any particular transmission from this transmitter will be free from interference.” Additionally, the information collection requires that medical implant programmer/controller transmitters shall be labeled in a conspicuous location with the following statement: “This device may not interfere with stations operating in the 400.150 – 406.000 MHz band in the Meteorological Aids, Meteorological Satellite, and Earth Exploration Satellite Services and must accept any interference that may cause undesired operation.”

3. Prior to finalizing rule makings the Wireless Telecommunications Bureau conducts an analysis to insure that improved information technology cannot be used to reduce the burden on the public. This analysis considers the possibility of obtaining and/or computer-generating the required data from existing data basis in the Commission or other federal agencies.

4. This agency does not impose a similar information collection on the respondents. There are no similar data available.

5. In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents, regardless of size. The Commission has limited the requirements to that absolutely necessary for evaluating and processing each application and to deter against possible abuses of the processes.

6. This information is considered essential to the implementation of the Act as described above.

7. Current data collection is consistent with 5 CFR 1320.6.

8. The Commission initiated a 60-day public comment period which appeared in the Federal Register on April 16, 2009 (74 FR 17668). No comments were received as a result of the notice.

9. Respondents will not receive any payments.

10. There is no need for confidentiality.

11. There are no requests of a sensitive nature considered or those considered a private matter being sought from the applicants on this collection.

12. Approximately 20 manufacturers will be required to include a statement and label radio devices. Informal consultation and past experience was used to arrive at the estimate of 1 hour per year per manufacturer for a total yearly burden of 20 hours.

Estimate of cost to respondents: Informal consultation was used to arrive at an estimate of $1,800 for the 20 manufacturers to include a statement and label radio devices.

1,000 devices x .50 per statement to produce and include = $500.00

1,000 devices x 1.30 per label to produce and attach = $1,300.00

13. Estimate of cost to respondents: None.

1. There are no capital or start-up costs.

2. There are no operational or maintenance costs.

14. Estimate of cost to Federal Government: None.

15. No change in burden is requested.

16. The data will not be published to statistical use.

17. We do not seek approval to not display the expiration date for OMB approval of the information collection.

18. There were no exceptions to Item 19.

2. Collections of Information Employing Statistical Methods:

No statistical methods are employed.