Federal Communications Commission DA 08-166 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Respironics, Inc. Request for Waiver of Section 15.205 of the Commission’s Rules to Permit the Marketing and Operation of Certain Medical Communications Devices that Operate in the 90-110 KHz Band ) ) ) ) ) ) ) ) ) ET Docket No. 05-331 ERRATUM Released: January 28, 2008 By the Chief, Office of Engineering and Technology: On December 26, 2007, the Office of Engineering and Technology released an Order (DA 07- 5095) in the above proceeding. This Erratum corrects typographical errors to conform the ordering clauses to the substantive text of the Order. The ordering clause is now to read as follows: “13. Pursuant to Sections 4(i), 302, 303(e), and 303(r) of the Communications Act of 1934, as amended (47 U.S.C. §§ 154(i), 302, 303(e), and 303(r)) and Section 1.3 of the Commission’s rules (47 C.F.R. § 1.3), and under the authority delegated in sections 0.31 and 0.241 of the Commission's rules (47 C.F.R. §§ 0.31, 0.241), IT IS ORDERED that Respironics’ request for an extension of its waiver for the ActiReader device is granted, as described above, and conditioned as follows: · Respironics, Inc. may manufacture and sell a maximum of 2500 additional uncertified ActiReader devices units through January 1, 2013, on which date, it must cease all sales of its noncompliant ActiReader device. · The sales of such noncompliant devices to be used in conjunction with ActiWatch devices can be made only to support research projects clinical trials begun prior to the date of this Order. · The sales of such noncompliant devices to be used in conjunction with ActiWatch-Score and ActiCal devices can be made only for patient use through January 1, 2010 or to support research projects or clinical trials begun prior to that date. · The use of all noncompliant ActiReader devices will cease on January 1, 2015.” FEDERAL COMMUNICATIONS COMMISSION Julius P. Knapp, Chief Office of Engineering and Technology