About FCC Regulations regarding the use of auditory assistance

 

While SHOWORKS cannot provide specific legal advice regarding interpreting federal regulations, we can provide the following resources for finding additional information.

One interesting question arises out of studding these regulations.  Part 95 clearly defines the term "auditory assistance" ( see Sec. 95.1009 a. below in red text ).  Is it legal and common practice when applying federal regulations to interpret the definition in Part 95 as also applying to the use of the same term in Part 15 ( see Sec. 15.237 a. below in red text )  Please contact us if you can provide any information or insight.

Link to FCC regulation part 15.237

http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/octqtr/47cfr15.237.htm

 

                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 15--RADIO FREQUENCY DEVICES--Table of Contents
 
                    Subpart C--Intentional Radiators
 
Sec.  15.237  Operation in the bands 72.0-73.0 MHz, 74.6-74.8 MHz and 75.2-76.0 MHz.
 
    (a) The intentional radiator shall be restricted to use as an 
auditory assistance device.
    (b) Emissions from the intentional radiator shall be confined within 
a band 200 kHz wide centered on the operating frequency. The 200 kHz 
band shall lie wholly within the above specified frequency ranges.
    (c) The field strength of any emissions within the permitted 200 kHz 
band shall not exceed 80 millivolts/meter at 3 meters. The field 
strength of any emissions radiated on any frequency outside of the 
specified 200 kHz band shall not exceed 1500 microvolts/meter at 3 
meters. The emission limits in this paragraph are based on measurement 
instrumentation employing an average detector. The provisions in Sec.  
15.35 for limiting peak emissions apply.
 
[54 FR 17714, Apr. 25, 1989, as amended at 57 FR 13048, Apr. 15, 1992]

 

Link to FCC regulation part 95.1009

http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/octqtr/47cfr95.1009.htm

 

TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 95--PERSONAL RADIO SERVICES--Table of Contents
 
                Subpart G--Low Power Radio Service (LPRS)
 
Sec. 95.1009  Permissible communications.
 
    LPRS stations may transmit voice, data, or tracking signals as 
permitted in this section. Two-way voice communications are prohibited.
    (a) Auditory assistance communications (including but not limited to 
applications such as assistive listening devices, audio description for 
the blind, and simultaneous language translation) for:
    (1) Persons with disabilities. In the context of the LPRS, the term 
``disability'' has the meaning given to it by section 3(2)(A) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), i.e, 
persons with a physical or mental impairment that substantially limits 
one or more of the major life activities of such individuals;
    (2) Persons who require language translation; or
    (3) Persons who may otherwise benefit from auditory assistance 
communications in educational settings.
    (b) Health care related communications for the ill.
    (c) Law enforcement tracking signals (for homing or interrogation) 
including the tracking of persons or stolen goods under authority or 
agreement with a law enforcement agency (federal, state, or local) 
having jurisdiction in the area where the transmitters are placed.
    (d) AMTS point-to-point network control communications.

 

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