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Lobbying & Advocacy and Telecommunications Teams www.drinkerbiddle.com
Spectrum Auctions to Aff ect Wireless Medical Telemetry Service– Impact on Hospitals and Device ManufacturersBy: Lee Petro and Julie Scott Allen
The Middle Class Tax Relief and Jobs Creation Act of 2012, passed by Congress and
signed into law by President Obama in February 2012, gave the Federal Communications
Commission (FCC) the authority to conduct auctions of spectrum currently assigned
to television broadcasters for future wireless broadband uses. The Act sets aside a
portion of the auction revenues for the possible relocation of Wireless Medical Telemetry
Service (WMTS) users, affecting hospitals and health systems. While the FCC has not yet
proposed the rules that will outline how the relocation will occur, there are steps that
current WMTS hospital users should take to ensure they can participate in the FCC’s
future plans. Medical device manufacturers who have equipment that relies on the WMTS
must also be aware of these changes and the effect a change will have on use of their
technology within the hospital setting.
Background
In 2000, the FCC set aside spectrum for the WMTS on the spectrum assigned for TV
Channel 37 (608-614 MHz), and in two other spectral bands. While other spectrum had
been used for WMTS purposes in the past, the FCC set aside this spectrum in light of the
transition of television stations from analog to digital, and the increased chance that such
digital television operations would cause interference to unlicensed WMTS equipment.
In establishing Channel 37 for this purpose, the FCC required the coordination of WMTS
uses so that the risk of interference would be minimalized.
However, now that Congress has given the FCC the authority to auction portions of the
television spectrum for wireless broadband purposes, the WMTS set aside on Channel 37
may be at risk. Part of the FCC’s auction plans include the “repacking” of the television
stations currently operating on Channels 2-51 to a much smaller band in order to free
up a contiguous bloc of spectrum for the wireless auction. Since the spectrum currently
set for WMTS use may be needed for this repacking process, the Act passed by Congress
established a fund of $300,000,000 to reimburse the current users of Channel 37 for
their relocation to other spectrum bands so long as the entire channel could be cleared.
Client AlertSeptember 2012
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Client Alert September 2012
Lobbying & Advocacy and Telecommunications Teams www.drinkerbiddle.com
Status - Regulations To Be Released – September 2012
The specific regulatory proposal for how the repacking process will proceed is anticipated
for release by the FCC later this month (September 2012), and it is likely that the FCC will
seek information about hospital incumbent users of the spectrum to determine if their
relocation could be reimbursed within budgeted funds outlined in the law. The FCC will
also seek detailed information on the number of current users of the spectrum block, the
types of uses and related equipment associated with these uses, and an estimate of the
costs of new equipment if the FCC sets aside new spectrum for dedicated WMTS uses.
Recommended Actions
An initial step that all WMTS users of the spectrum should take is to ensure that they
have registered their use of the spectrum with the WMTS frequency coordinator. Since
it is likely that the FCC will rely on the frequency coordinator to be a main source of
information relating to the proposed relocation of WMTS users, it will be important for
the coordinator to have accurate information to provide to the FCC. To that end, hospital
facilities should conduct an audit to ensure that the equipment using the spectrum in the
608-614 MHz band is properly registered with the frequency coordinator.
The impact of these changes could be far greater on rural or community hospitals with
far more limited resources to make equipment adjustments to meet new requirements.
The change may also be significant for manufacturers whose equipment will no longer
function or function well when the channel adjustments are made. Drinker Biddle would
be happy to discuss how to plan for and address these changes in a manner that is
acceptable to your business, including how to address these concerns with the FCC as the
rulemaking process proceeds.
We will continue to monitor the developments at the FCC and let you know when the
proposed rules are released. In the meantime, please do not hesitate to contact Of
Counsel Lee G. Petro, at 202-230-5857, [email protected], or Government Relations
Director Julie Scott Allen, at 202-230-5126, [email protected].
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Client Alert September 2012
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Government & Regulatory Aff airs ContactsJulie Scott Allen(202) [email protected]
Douglas G. Bonner(202) [email protected]
Jodie A. Curtis(202) [email protected]
Mark B. Denbo(202) [email protected]
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Erin Will Morton(202) 230-5634 [email protected]
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Client Alert September 2012
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Life Sciences ContactsLynne Anne Anderson(973) [email protected]
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Jesse A. Witten(202) 230-5146 [email protected]
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Client Alert September 2012
© 2012 Drinker Biddle & Reath LLP. All rights reserved. A Delaware limited liability partnership
Jonathan I. Epstein and Andrew B. Joseph, Partners in Charge of the Princeton and Florham Park, N.J., offices, respectively.
This Drinker Biddle & Reath LLP communication is intended to inform our clients and friends of developments in the law and to provide information of general interest. It is not intended to constitute advice regarding any client’s legal problems and should not be relied upon as such.
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