The development of technical and spectrum requirements for meeting federal, state and local public safety agency communication requirements through the year 2010, establishment of rules and requirements for priority access service--FCC. Proposed rule

The federal Communications Commission (Commission) adopted a Third Notice of Proposed Rule Making ("Third Notice") contemporaneously with a First Report and Order ("First Report") that is summarized elsewhere in this edition of the Federal Register. By its Third Notice, the Commission makes a range of proposals and seeks comment relating to public safety communications in the 746-806 MHz band ("700 MHz band") and in general. The Commission invites comment on how to license the 8.8 megahertz of 700 MHz band spectrum designated as reserved in the First Report and on whether to directly license each state or use a regional planning process to administer the nationwide interoperability frequencies (2.6 MHz of spectrum designated in the First Report) pursuant to the national interoperability plan to be established by the National Coordination Committee. The Third Notice also discusses protection requirements for the Global Navigation Satellite Systems and offers proposals to facilitate use of nationwide interoperability in public safety bands below 512 MHz. Finally, because many of the automated and intelligent machines and systems on which public safety entities depend for their operations were not designed to take into account the date change that will occur on January 1, 2000, the Commission also seeks comment on how best to ascertain the extent, reach, and effectiveness of Year 2000 compliance initiatives that have been or are being undertaken by public safety entities, to better understand the nature of the Year 2000 problem and the potential risks posed to public safety communications networks. This action addresses an urgent need for additional public safety radio spectrum and the need for nationwide interoperability among local, state, and federal entities. By this action, the Commission also takes additional steps toward achieving its goals of developing a flexible regulatory framework to meet vital current and future public safety communications needs and ensuring that sufficient spectrum to accommodate efficient, effective telecommunications facilities and services will be available to satisfy public safety communications needs into the 21st century.     

Allocation of spectrum in a certain MHz band and to establish other rules, policies, and procedures for one-way paging stations in the Domestic Public Land Mobile Radio Service--Federal Communications Commission. Final rule

This First Report and Order allocates 3 MHz of spectrum for paging services in the 929-932 MHz band. Private paging services will use frequency band 929-930 MHz, common carrier services will use frequency band 931-932 MHz, with a flexible boundary between the two bands effective after five years. The 930-931 MHz band will be reserved for advanced technology paging systems. This allocation was made in response to petitions filed by the Ad Hoc Private Paging Committee and Telocator Network of America. These new paging frequencies will allow for substantial growth of the paging industry, which has been restricted by a shortage of frequencies.     

Private Land Mobile Radio Services--Federal Communications Commission. Final rule

The Commission adopts a Second Report and Order releasing reserved radio spectrum in the 806-821/851-866 MHz bands for Private Land Mobile Radio Service use. The rules adopted provide enhanced flexibility in radio system design and user options. The action is necessary to satisfy land mobile spectrum needs across the country.     

Biomedical telemetry transmitters--FCC. Final rule

By this Report and Order, the Commission amends its regulations regarding the unlicensed operation of biomedical telemetry transmitters in the 174-216 MHz (TV channels 7-13) and 470-668 MHz (TV channels 14-46) bands as proposed in the Notice of Proposed Rule Making ("Notice") in this proceeding, 61 FR 3367, January 31, 1996. These amendments will provide patients in health care facilities the ability to move about in a limited area while being continually monitored, speeding patient recovery times, shortening lengths of stay, and reducing health care costs. The standards being adopted for these devices should protect the licensed services operating in the TV bands. Further, a coordination procedure has been implemented to protect radio astronomy observatories from potential interference from biomedical telemetry systems operating on 608-614 MHz (TV channel 37).     

Operator service access and pay telephone compensation--Federal Communications Commission. Final rule; order on reconsideration

Five petitions for reconsideration or clarification were filed regarding Policies and Rules Concerning Operator Service Access and Pay Telephone Compensation, CC Docket No. 91-35: Report and Order and Further Notice of Proposed Rule Making, 6 FCC Rcd 4736, 56 FR 40,793 (1991) (hereinafter Report and Order), in which the Commission adopted policies and rules concerning consumer access to operator service providers (OSPs) and compensation for competitive public payphone owners for calls not utilizing their presubscribed OSPs. In response to the petitions, the Commission adopted an Order on Reconsideration (hereinafter Order) in which it reaffirmed that: (1) Call aggregators must allow consumers to use equal access ("10XXX") codes according to the schedule described in the original Report and Order, with certain clarifications; (2) all OSPs, except those exempted in the Order, must establish an 800 or 950 access number within six months of the effective date of the previously adopted rules; and (3) calls initiated with an 800 number that does not serve as an OSP's access code are not within the scope of the statutory provision that required the Commission to consider payphone compensation. In addition, the Commission granted the request to order local exchange carriers (LECs) to offer blocking and screening services designed to control potentially fraudulent 10XXX calling. The Commission deferred certain unblocking deadlines pending the deployment of the required LEC services.     

Federal Trade Commission's authority to regulate marketing to children: deceptive vs. unfair rulemaking

Food and beverage marketing directed at children is of increasing concern to the public health and legal communities. The new administration at the Federal Trade Commission and abundant science on the topic make it a particularly opportune time for the government to reconsider regulating marketing directed at youth. This Article analyzes the Commission's authority to regulate food and beverage marketing directed at children under its jurisdiction over unfair and deceptive acts and practices to determine which avenue is most viable. The author finds that the Federal Trade Commission has the authority to regulate deceptive marketing practices directed at vulnerable populations. Although the Commission can issue individual orders, its remedial power to initiate rules would better address the pervasiveness of modern marketing practices. The Commission does not currently have the power to regulate unfair marketing to children; however, even if Congress reinstated this authority, the Commission's authority over deceptive marketing may be preferable to regulate these practices. Deceptive communications are not protected by the First Amendment and the deceptive standard matches the science associated with marketing to children. The Federal Trade Commission has the authority to initiate rulemaking in the realm of food and beverage marketing to children as deceptive communications in interstate commerce, in violation of the Federal Trade Commission Act. However, to effectuate this process, Congress would need to grant the Commission the authority to do so under the Administrative Procedures Act.     

Creation of the Emergency Medical Radio Service--FCC. Final rule

The Commission has adopted rules that create the Emergency Medical Radio Service. This action was taken to redress the adverse consequences on public health and safety resulting from current crowding on emergency medical channels. The rule changes will establish a discrete radio service category dedicated strictly to eligibles providing basic or advanced life support services on an ongoing basis and thereby ensure the reliability of emergency medical communications.     

Premerger notification: reporting and waiting period requirements--FTC. Notice of adoption of formal interpretation and request for comments

The Premerger Notification Office ("PNO") of the Federal Trade Commission ("FTC"), with the concurrence of the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice ("DOJ"), is adopting a Formal Interpretation of the Hart-Scott-Rodino Act, which requires certain persons planning certain mergers, consolidations, or other acquisitions to report information about the proposed transactions to the FTC and DOJ. The Interpretation concerns the reportability of certain transactions involving a Limited Liability Company ("LLC"), a relatively new form of entity authorized by state statutes. Under the Interpretation, the formation of an LLC will be reportable if it will unite two or more pre-existing businesses under common control. Similarly, acquisitions of existing LLC membership interests will be reportable if they would have the effect of uniting two or more pre-existing businesses under common control.     

Accounting for station connections, optional payment in revenues and related capital costs, customer provided equipment and sale of terminal equipment--Federal Communications Commission. Order on reconsideration and clarification of first report and order

This document sets for the Commissions response to a petition for clarification and a petition for reconsideration of its First Report and Order, Commonly known as "Expensing of Station Connections". The First Report and Order, published in the Federal Register at 456 FR 18481, March 31, 1981, adopted changes to the Commissions Rules in Part 31 on uniform system of accounts for Class A and B telephone companies. Both petitioners raised the question of whether, and to what extent the adoption of th First Report and Order limits the discretion of the State commissions to follow different accounting and depreciation procedures for purposes of computing revenue requirements for intrastate telecommunications services.     

Multiple-address radio systems, allocation of forty-eight 25 kHz channels in the 900 MHz range; and establishment of a new standard for frequency tolerance in the 952-960 MHz band: Federal Communications Commission. Third notice of proposed rulemaking

In response to a petition, the Commission proposes the reallocation of forty-eight 25 kHz channels in the 928-929 and 952-960 MHz band segments to the Private Operational-Fixed Microwave Service and the Domestic Public Land Mobile Radio Service for distribution automation and wide-area control and repeater operations, respectively. The spectrum from 928 to 929 MHz is presently reserved for Land Mobile. The 952-950 MHz band is currently allocated to the Private Operational-Fixed Microwave Service and the International Control Services.     

Poison prevention packaging requirements; exemption of hormone replacement therapy products. Final rule

The Commission is amending its child-resistant packaging requirements to exempt hormone replacement therapy ("HRT") products containing one or more progestogen or estrogen substances. Current exemptions cover some HRT products, but not others. This rule would uniformly exempt from child resistant packaging requirements all HRT products that rely solely on the activity of one or more progestogen or estrogen substances.     

Medical Area Body Network. Final rule

This document expands the Commission's Medical Device Radiocommunications Service (MedRadio) rules to permit the development of new Medical Body Area Network (MBAN) devices in the 2360-2400 MHz band. The MBAN technology will provide a flexible platform for the wireless networking of multiple body transmitters used for the purpose of measuring and recording physiological parameters and other patient information or for performing diagnostic or therapeutic functions, primarily in health care facilities. This platform will enhance patient safety, care and comfort by reducing the need to physically connect sensors to essential monitoring equipment by cables and wires. This decision is the latest in a series of actions to expand the spectrum available for wireless medical use. The Commission finds that the risk of increased interference is minimal and is greatly outweighed by the benefits of the MBAN rules.     

Creating problems as part of the "solution": the JCAHO Sentinel Event Policy, legal issues, and patient safety

The recently reported number of patient deaths attributable to medical errors is staggering. In response to this crisis, the Joint Commission on Accreditation of Healthcare Organizations ("JCAHO") proposed its Sentinel Event Policy. The policy mandates self-reporting by hospitals accredited by the JCAHO. This Article argues that the JCAHO's policy shows an inattention to the legal realities of discovery and absence of immunity. Until the JCAHO addresses these issues, self-reporting will have limited success. This Article suggests that to promote patient safety, self-regulatory reports should go to a neutral, nonsanctioning third party, an approach adopted from aviation's highly successful reporting system.     

Verification of eligibility for public benefits--INS. Proposed rule

This rule amends the Immigration and Naturalization Service ("Service") regulations by establishing a new part requiring certain entities that provide Federal public benefits (with certain exceptions) to verify, by examining alien applicants' evidence of alien registration and by using a Service automated verification system that the applicants are eligible for the benefits under welfare reform legislation. The rule also sets forth procedures by which a State or local government can verify whether an alien applying for a State or local public benefit is a qualified alien, a nonimmigrant, or an alien paroled into the United States for less than 1 year, for purposes of determining whether the alien is eligible for the benefit. In addition, the rule establishes procedures for verifying the U.S. nationality of individuals applying for benefits in a fair and nondiscriminatory manner.     

Protection of human subjects; compensating for research injuries; request for comments on report of the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research

This notice requests public comment on the Report of the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research entitled "compensating Research Subjects," which was issued in June 1982.     

Medicare and Medicaid programs; hospital conditions of participation: laboratory services. Interim final rule with comment period

This interim final rule with comment period requires hospitals that transfuse blood and blood components to: Prepare and follow written procedures for appropriate action when it is determined that blood and blood components the hospitals received and transfused are at increased risk for transmitting hepatitis C virus (HCV); quarantine prior collections from a donor who is at increased risk for transmitting HCV infection; notify transfusion recipients, as appropriate, of the need for HCV testing and counseling; and extend the records retention period for transfusion-related data to 10 years. These changes are based on recommendations by the Secretary's Advisory Committee on Blood Safety and Availability and are being published in conjunction with the Food and Drug Administration's (FDA) Final Rule, "Current Good Manufacturing Practice for Blood and Blood Components; Notification of Consignees and Transfusion Recipients Receiving Blood and Blood Components at Increased Risk of Transmitting HCV Infection" ("lookback") found elsewhere in this issue of the Federal Register. The intent is to aid in the prevention of HCV infection and to create opportunities for disease prevention that, in most cases, can occur many years after recipient exposure to a donor.     

Technology and special needs provision in the UK: is current law satisfactory?

Recently, the government has issued legislation on disability discrimination (the UK Disability Discrimination Act 2005) that is silent on the issue of access to technology for those adults and minors with special needs/disabilities either in the classroom or out of the classroom. At the same time, commercial legislation from Europe drives forward with new directives on the regulation of technology as part of the European Union's Lisbon Goals to make Europe more efficient through the use of Information Communications Technologies (ICTs) and to provide an increasing array of on-line services (payment of taxes, licensing, identity cards, and access to public services). With more rapid provision of public and private services on-line, there is a pressing need to ask to what extent current legislation should address access to assistive technology for those with special needs and disabilities. Furthermore, the legal obligation on government to provide ICTs as communications aids in school classrooms either as an auxiliary aid or service, or as an education and associated service for those who are disabled is unclear under current UK disability discrimination and special needs law. As far as the writer is aware, currently, no study as yet has reviewed disability and SEN legislation to determine what obligations (if any) arise on government to provide communications aids based on ICTs to children with disabilities. And yet, disability remains a central issue.     

Revisions to the general safety requirements for biological products--FD. Direct final rule

The Food and Drug Administration (FDA) is amending the biologics regulations by adding "cellular therapy products" to the list of products excepted from the general safety test (GST) and by adding an administrative procedure for obtaining exemptions from the GST requirements for other biological products. FDA is taking this action because the GST may not be relevant or necessary for biological products, including cellular therapy products, currently in various stages of development. This direct final rule is part of FDA's continuing effort to achieve the objectives of the President's "Reinventing Government" initiative, and is intended to reduce the burden of unnecessary regulations on biological products without diminishing the protection of the public health. Elsewhere in this Federal Register, FDA is publishing a companion proposed rule under FDA's usual procedures for notice and comment to provide a procedural framework to finalize the rule in the event the agency receives any significant adverse comment and withdraws this direct final rule.     

The Fall and Renewal of the Commission: Accountability, Contract and Administrative Organisation

The fall of the Santer Commission, prompted by the Report of the Committee of Independent Experts, sent shock waves throughout the entire Community. This article seeks to examine the nature of the problems which beset the Commission, to place these within the broader context of decision-making by public bodies, and to consider also the responsibilities of the Council and European Parliament for the delivery of agreed Community policies. The article analyses in detail the Reports of the Committee of Independent Experts, and the subsequent reforms initiated by the Prodi Commission, in order to assess the prospects for improved service delivery in the future.     

Operator service access and pay telephone compensation rules--FCC. Final rule

In its Memorandum Opinion and Order on Reconsideration, the Commission affirms certain aspects of the Second Report and Order and makes a number of modifications. First, the Commission affirms its holding that interexchange carriers (IXCs) must pay competitive payphone owners (PPOs) compensation in the amount of $6 per month per payphone. Second, the Commission modifies the Second Report and Order to allow IXCs to avoid the obligation to pay compensation if they do not receive access code calls from payphones to which they are not presubscribed. Third, the Commission affirms its decision to use to toll revenue standard for apportioning compensation among those IXCs required to pay. Fourth, the Commission clarifies in a number of respects its requirements pertaining to the customer-owned coin-operated telephone (COCOT) lists provided by local exchange carriers (LECs) to IXCs. In addition, the Commission denies Allnet's Application for Review of a decision by the Common Carrier Bureau relating to the list of IXCs required to pay compensation. The Commission's Memorandum Report and Order on Reconsideration ensures that PPOs receive fair compensation for the service they provide in originating interstate access code calls from their payphones.