compliance news
FCC Steps Up Efforts to Provide Access to Robocall Blocking Tools

The U.S. Federal Communications Commission (FCC) is stepping up its efforts to stem the flow of unwanted and scam robocalls, calling on telecom providers to make public the robocall blocking calls they make available to consumers.

In a press release, the FCC’s Consumer and Governmental Affairs Bureau reports that it has contacted major phone companies and third-party developers of call blocking tools and requested that they provide updated information on their efforts to enable consumers to block unwanted calls. The FCC is also seeking information on the effectiveness of blocking tools already in use, as well as steps that the companies have taken to ensure that call blocking technologies do not interfere with emergency services communications.

The data provided to the FCC by telecom providers is expected to be released in the Commission’s second Call Blocking Report scheduled to be issued later
this year.

The FCC also announced that it has issued in the past two months cease and desist letters to eight separate companies believed to be behind the transmission of multiple robocall campaigns.

FCC Makes Spectrum Available for Commercial Space Launches
The U.S. Federal Communications Commission (FCC) has adopted new rules to provide access to spectrum that can be used by commercial space launch vehicles during pre-launch testing and space launch operations.

Frequencies used to support communications during space launches have historically been allocated for exclusive use by federal agencies. Now, under the terms of a Report and Order and Further Notice of Proposed Rulemaking issued in late April, the FCC has added a non-federal, secondary allocation in the 2200-2290 MHz band that can be used by private space travel and satellite launch companies for communications purposes.

The FCC notes that non-federal operators will need to continue to coordinate their communications requirements through existing STA and NTIA processes until additional rules have been adopted that provide a new spectrum use coordination scheme.

Congress Seeks to Designate National Amateur Radio Operators Day
The U.S. Congress is reportedly taking steps to officially recognize the important contributions made by amateur radio operators.

According to an article on the website of the ARRL, Congresswoman Debbie Lesko (AZ) has introduced a bipartisan resolution to designate April 18, 2022 as National Amateur Radio Operators Day. April 18th is the anniversary of the founding of the International Amateur Radio Union (IARU) which was established in 1925.

The resolution cites the Amateur Radio Emergency Service for providing “invaluable emergency communications services following recent natural disasters, including, but not limited to, helping coordinate disaster relief efforts following Hurricanes Katrina, Wilma, and Maria and other extreme weather disasters.”

Lesko had introduced a similar bill last year at the request of Raymond Anderson, a 12-year-old radio amateur from Peoria, AZ.

FDA Reverses HHS Action to Exempt Certain Medical Devices from 510(k) Requirements
The U.S. Food and Drug Administration (FDA) has withdrawn a January proposal by the U.S. Department of Health and Human Services (HHS) to permanently exempt 91 separate medical device types from the FDA’s 510(k) premarketing notification requirements.

According to a Notice of Withdrawal published in the U.S. Federal Register, the FDA took action to withdraw the HHS proposed exemptions in part because the HHS failed to notify the FDA of the proposed exemptions or consult with the agency. The HHS also reportedly based its exemption determinations exclusively on the number of adverse events reported for each device type in the FDA’s Manufacturer and User Facility Device Experience (MAUDE) database.

The FDA deemed the HHS proposal was based on flawed information lacking inadequate scientific support and containing multiple errors.
The FDA notes that adverse event reports, while valuable, have limitations in making judgments about device exemptions, including incomplete or inaccurate data. The FDA also says that adverse event reports alone can be inaccurate due to under reporting of events or inaccuracies in the reports themselves.

Given the circumstances, the FDA deemed the HHS proposal was based on flawed information lacking inadequate scientific support and containing multiple errors. Hence, the determination to withdraw the proposed exemptions.

FCC to Permit “Hot Car” Sensors
The Office of Engineering and Technology of the U.S. Federal Communications Commission (FCC) has taken action that will allow for the eventual deployment of technology to help prevent serious injury to children inadvertently left in overheated cars.

Under the terms of an Order, the FCC has granted limited waivers to six manufacturers that will allow them to market short-range interactive motion sensors for unlicensed operation in the 57-64 GHz band. These in-cabin radars can then be linked to customized vehicular applications that can detect movement linked to a child or children that have been left in a vehicle or that have become trapped.

The waivers were requested by the device manufacturers since the sensors reportedly require higher power levels than those permitted under FCC rules.

According to data from the National Highway Traffic Safety Administration, more than 50 children died each year in 2018 and in 2019 as a result of being left unattended in a vehicle, with a much larger number suffering significant injuries. The majority of these incidents reportedly involved parents who forgot a child placed in a rear seating area of the vehicle, hence the potential value of in-cabin detection technology.

FDA Authorizes 50+ Testing Labs for Conformity Testing Pilot
The U.S. Food and Drug Administration (FDA) has now accredited more than 50 testing laboratories to participate in its voluntary Accreditation Scheme for Conformity Assessment (ASCA) pilot accreditation program.

As we’ve previously reported, the ASCA pilot program allows accredited independent testing laboratories to assess medical devices for compliance with certain FDA-recognized standards. The establishment of the ASCA was mandated under the 2017 FDA Reauthorization Act and is expected to help facilitate a more efficient review process for certain types of medical devices.

As of this writing, 53 testing laboratories located throughout the U.S. and in Canada, Japan, Germany, Israel, South Korea, and China are now authorized to conduct testing to one or more FDA-recognized versions of standards and test methods included under the scope of the ASCA pilot. The FDA is expected to continue to review and accredit additional testing laboratories and expand laboratory accreditations to include additional recognized standards during the pilot program.

Radio Frequency Exposure Rules to Take Effect
Rules issued in 2019 by the U.S. Federal Communications Commission (FCC) on the measurement of human exposure to radiofrequency (RF) emissions took effect in May.

As reported on the website of the ARRL, the rules do not change existing RF exposure limits. Rather, they impose a more thorough evaluation of RF emissions in potentially higher-exposure situations, including amateur radio operations, while also providing a more streamlined exemption process in low-exposure situations, such as with low-power devices, relatively large distances between the RF source and a person’s body, and/or duration of exposure.

Originally released in December 2019, along with other rulings on human exposure to RF, the FCC’s Second Report and Order also clarifies the calculation or measurement methodologies to be used to determine potential RF exposure levels in cases where exemptions do not apply. It also addresses post-evaluation RF exposure mitigation procedures, including access, signage, and training to help minimize the risk of excessive RF exposure.

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