Human Exposure to Radiofrequency Electromagnetic Fields and Reassessment of FCC Radiofrequency Exposure Limits and Policies, 18131-18151 [2020-02745]
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Katherine B. Fox,
Assistant Administrator for Mitigation,
Federal Insurance and Mitigation
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Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2020–06495 Filed 3–31–20; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 15, 18, 22, 24, 25,
27, 73, 90, 95, 97, and 101
[ET Docket Nos. 03–137 and 13–84, FCC
19–126; FRS 16453]
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BILLING CODE 9110–12–P
Human Exposure to Radiofrequency
Electromagnetic Fields and
Reassessment of FCC Radiofrequency
Exposure Limits and Policies
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
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In this document, the Federal
Communications Commission
(Commission) amends its rules related
to the two methods that may be used for
determining and achieving compliance
with the Commission’s existing limits
on human exposure to radiofrequency
(RF) electromagnetic fields:
Exemption—consideration of whether a
particular device or deployment is so
clearly compliant, based on criteria in
the Commission’s rules, that it qualifies
as exempt from the requirement to
undertake a more thorough RF exposure
analysis—and evaluation—a more
specific examination of an individual
SUMMARY:
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site or device, which considers factors
beyond those utilized for exemption and
may be performed with a variety of
computational and/or measurement
methodologies. It also amends the rules
related to an increasingly important part
of demonstrating and maintaining RF
exposure compliance: mitigation—the
restriction from or limitation of RF
exposure in controlled areas to keep RF
exposure within the Commission’s
established limits by, for example, using
signs or barriers. The amended rules are
intended to provide more efficient,
practical, and consistent RF exposure
evaluation procedures and mitigation
measures to help ensure compliance
with the existing RF exposure limits.
The amended rules replace the various
inconsistent service-specific criteria for
exempting parties from performing an
evaluation to demonstrate compliance
with the RF exposure limits with new,
streamlined criteria. The amended rules
also allow the use of any valid
computational method to determine
potential RF exposure levels, remove
the minimum evaluation distance
requirement for frequencies above 6
GHz, and establish post-evaluation RF
exposure mitigation procedures (e.g.,
signage), to help ensure that persons are
not exposed to RF emissions in excess
of the existing limits. The Commission
also affirms its prior decision to classify
the pinna (outer ear) as an extremity in
RF exposure compliance testing, finds
no appropriate basis for and thus
declines to propose amendments to
existing RF exposure limits at this time,
and terminates the inquiry in which it
sought comment on the Commission’s
existing guidelines for limiting RF
exposure to humans.
DATES: Effective June 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Martin Doczkat, email: martin.doczkat@
fcc.gov; the Commission’s RF Safety
Program, rfsafety@fcc.gov; or call the
Office of Engineering and Technology at
(202) 418–2470.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Report and Order, Memorandum
Opinion and Order, and Termination of
Notice of Inquiry, ET Docket No. 03–
137, ET Docket No. 13–84, FCC 19–126,
adopted November 27, 2019 and
released December 4, 2019. The full text
of this document is available for public
inspection and copying during normal
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street SW, Washington, DC 20554, or by
downloading the text from the
Commission’s website at https://
www.fcc.gov/edocs/daily-digest/2019/
12/05. Alternative formats are available
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for people with disabilities (Braille,
large print, electronic files, audio
format) by sending an email to fcc504@
fcc.gov or calling the Commission’s
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Synopsis
I. Introduction
1. On March 27, 2013, the
Commission adopted a First Report and
Order (First RF Report and Order),
Further Notice of Proposed Rulemaking
(2013 RF Further Notice), and Notice of
Inquiry (2013 RF Inquiry) in this
proceeding, 78 FR 33654, June 4, 2013.
In the 2019 Second Report and Order,
the Commission simplified the
regulatory framework for determining
compliance with the Commission’s
existing RF exposure limits by
providing more efficient, practical, and
consistent RF exposure exemption
criteria, evaluation procedures, and
mitigation measures to help ensure
compliance with the RF exposure limits.
In the 2019 Memorandum Opinion and
Order, the Commission affirmed its
decision in the First RF Report and
Order to classify in its rules the pinna
(outer ear) as an extremity for RF
exposure compliance testing. In the
2019 Termination of Notice of Inquiry,
the Commission terminated the 2013 RF
Inquiry that sought comment on the
efficacy and propriety of the
Commission’s existing guidelines and
policies for limiting RF exposure to
humans, finding no appropriate basis
for and thus declining to propose
amendments to existing limits at this
time. The following are the major
actions that the Commission took in the
2019 Second Report and Order to
simplify the Commission’s RF exposure
evaluation procedures and mitigation
measures and apply them consistently:
• Created three broad categories for
exemption from the RF exposure
evaluation requirements for all fixed,
mobile, and portable RF sources, based
on power, separation distance
(minimum distance in any direction
from any part of a radiating structure to
any part of the human body), and
frequency, that provide for both singleand multiple-transmitter cases and treat
like sources similarly regardless of the
underlying service; adopted the term
‘‘exemption’’ to replace ‘‘exclusion’’ for
this topic.
• Added to § 1.1307(b) of the
Commission’s rules a set of technical
definitions related to output power,
separation distance, RF exposure
scenarios and sources, and categories for
specifying RF safety program actions
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that reflect potential RF exposure
scenarios.
• Replaced restrictive and outdated
provisions that specified only a single
acceptable numerical approach to RF
exposure evaluation, with provisions
allowing the use of any valid
computational method to determine RF
exposure levels; allowed parties to make
ad hoc requests for use of other RF
exposure evaluation methods whose
reliability and validity can be
substantiated.
• Removed from § 2.1093(d) of the
Commission’s rules the 5-cm minimum
separation specification for
measurements and calculations used to
demonstrate RF exposure compliance
for devices that operate above 6 GHz.
• Established more specific postevaluation RF exposure mitigation
measures that include access control,
signage, and training requirements for
transmitter sites where RF exposure
limits may be exceeded to help ensure
that persons are not exposed to RF
emissions that exceed the Commission’s
established RF exposure limits.
II. Discussion
Second Report and Order
2. In the 2019 Second Report and
Order, the Commission amended parts
1, 2, 15, 18, 22, 24, 25, 27, 73, 90, 95,
97, and 101 of its rules to simplify the
procedures for determining compliance
with the Commission’s existing RF
exposure limits to help ensure
consistent compliance with those limits.
These actions are described in greater
detail below.
A. Exemptions From the RF Exposure
Evaluation Requirement
3. As proposed in the 2013 RF Further
Notice and supported in the record, the
Commission revised the various servicespecific criteria for exemption (formerly
termed exclusion) from performing an
RF exposure evaluation, to set forth a
single, generally-applicable set of
formulas based on power, separation
distance, and frequency of fixed,
mobile, and portable transmitters that
are applicable to both single and
multiple sources of RF emissions, and
adopted a set of technical definitions
related to output power and separation
distance. The Commission adopted
three broad classes of RF exemptions:
(1) For extremely low-power devices
that transmit at no more than 1 mW; (2)
for somewhat higher-power devices
with transmitting antennas that
normally operate within 0.5 cm to 40
cm of the human body in the frequency
range between 300 MHz and 6 GHz, a
formula based primarily on the
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localized specific absorption rate (SAR)
limits; and (3) for all other transmitters,
based on a set of formulas for maximum
permissible exposure (MPE) limits. The
new exemption criteria apply to all of
the Commission’s rules authorizing RF
sources. Under the new rules, every
applicant for equipment authorization
and every licensee prior to deployment
or commencement of operations may
determine whether the device or
transmitter falls under one of the classes
of exemptions. If the device or
transmitter falls under one of these
classes of exemption, no additional
action is necessary. If not, the applicant
or licensee will have to perform a
routine evaluation to determine
compliance with the existing RF
exposure limits. The Commission
reasoned that this new process would
not impose any significant burdens on
impacted parties since the underlying
exposure rules and parties’ obligations
under the rules remain the same; the
new rules only modify the process used
to demonstrate compliance.
4. In response to comments that the
rule changes are unnecessary and will
be burdensome and some parties may
lose their service-based exemptions, the
Commission noted that unlike in the
past, fixed RF communications
equipment is now located on rooftops
that are accessible to the public and on
other structures near ground level that
are not spatially removed from publicly
accessible areas at similar heights. To
achieve consistently reliable compliance
with the existing RF exposure limits, the
Commission decided that these sorts of
installations warrant an affirmative
determination of compliance with the
RF exposure requirements.
1. Exemption Criteria—Single RF
Source.
5. A single RF source will be exempt
from RF exposure evaluation under any
one of three circumstances: (1) The RF
source transmits at no more than 1 mW
time-averaged available (matched
conducted) power; (2) the RF source is
normally separated between 0.5 and 40
cm from the human body, in the
frequency range between 300 MHz and
6 GHz, and transmits at no more than
the average power threshold result from
the formula the Commission adopted
based on the localized SAR limits; or,
(3) for all other fixed, mobile, and
portable transmitters, the RF source
transmits at no more than the average
power threshold result from the set of
formulas the Commission adopted based
on the MPE limits at separation
distances from any part of the radiating
structure of at least l/2p (RF signal freespace wavelength divided by 2p) in all
service categories.
6. 1-mW Blanket Exemption. For
extremely low-power fixed, mobile, and
portable RF sources, the Commission
adopted a blanket RF exposure
evaluation exemption for a single
transmitter operating with up to 1 mW
of time-averaged available (matched
conducted) power, irrespective of the
separation distance from the human
body. The 1-mW exemption is
independent of service type and covers
the full frequency range from 100 kHz
to 100 GHz, but it may not be used in
conjunction with other exemption
criteria, or in devices with higher-power
transmitters operating in the same timeaveraging period. The 1-mW blanket
exemption applies for any separation
distance, including distances of less
than 0.5 cm and where there is no
separation, e.g., medical implant
devices.
7. SAR-Based Exemption. For fixed,
mobile, and portable RF sources near a
human body, where the separation
distance is normally between 0.5 and 40
cm and may be less than l/2p, the
Commission adopted the new RF
exposure evaluation exemption formula
shown here for time-averaged power
thresholds (specified in mW) for
exemption of single portable, mobile,
and fixed RF sources at 0.3–6 GHz. A
source is exempt if each of the
maximum time-averaged available
(matched conducted) power and
effective radiated power (ERP) is no
more than:
8. The formula provides, as a function
of separation distance and frequency, a
threshold power below which a single
RF source is exempt from further RF
exposure evaluation. It applies to fixed,
mobile, and portable RF sources in any
service at a separation distance between
0.5 cm and 40 cm from the body, and
is applicable in the frequency range
from 300 MHz through 6 GHz. The SARbased thresholds are derived based on
the frequency, power, and separation
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distance of the RF source. The formula
defines the thresholds in general for
either available maximum timeaveraged power or maximum timeaveraged ERP, whichever is greater.
9. If the ERP of a device is not easily
determined, such as for a portable
device with a small form factor,
available maximum time-averaged
power (i.e., maximum power delivered
into a matched antenna, considering
line loss or any other loss that
diminishes the power delivered to an
antenna) may be used exclusively if the
device antenna or radiating structure
does not exceed an electrical length of
l/4. A coherent phased array of antenna
elements is to be treated as a single
antenna or RF source with separation
distance determined from the nearest
antenna element.
10. For devices with antennas of
length greater than l/4 where the gain
is not well-defined but always less than
that of a half-wave dipole, the available
maximum time-averaged power
generated by the device may be used in
place of the maximum time-averaged
ERP, in situations where that ERP value
is not known. This would apply, for
instance, to ‘‘leaky’’ coaxial distribution
systems, RF heating equipment, and
other typically unintentionally radiating
or Industrial, Scientific and Medical
(ISM) devices. The SAR-based
exemption threshold, Pth, is defined in
terms of maximum time-averaged power
and in accordance with the sourcebased time-averaging requirements
described in § 2.1093(d)(5) of the rules.
Time-averaged power measurements are
necessary to determine if the maximum
output of a transmitting antenna (ERP)
or matched conducted transmitter
power is above the proposed threshold
for exemption from routine SAR
evaluation. The Commission’s Office of
Engineering and Technology (OET) will
publish in its Knowledge Database
(KDB) the power measurement and SAR
test procedures necessary to
demonstrate compliance with the RF
exposure limits.
11. While commenters supported the
basic idea of a uniform formula for an
SAR exemption, several commenters
disagreed with the proposed formula,
contending it was overly conservative
and inconsistent with the operation of
current devices. Instead, parties
supported use of the International
Electrotechnical Commission’s (IEC’s)
standard IEC 62479 (2010), which
provides alternative recommendations
for exemption of low-power devices
based on SAR. For several reasons, the
Commission was not persuaded that the
IEC standard was appropriate. Even
though the IEC’s standard uses dipoles
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and flat phantoms as a starting point for
modeling, and is applicable to the same
frequency range as the SAR exemption
formula (300 MHz–6 GHz), the
Commission determined that the IEC
standard departs significantly regarding
the applicable range of separation
distances and use of bandwidth, with an
increased complexity in the resulting
formulas. In addition, the IEC model
does not directly incorporate antenna
directivity and states that it may not
apply to devices with highly directive
antennas. To maintain simplicity, the
Commission limited the exemptions to
those based solely on the relationship of
power (both available or matched power
and ERP), separation distance, and
frequency, without other inputs—such
as antenna pattern or bandwidth—that
would effectively render an exemption
determination as complex as an
evaluation. It concluded that additional
complexity in the exemptions from
additional inputs would result in
regulations that were of little or no
practical utility as a simple exemption
protocol; additional factors could be
considered as needed or appropriate in
a more thorough evaluation to
demonstrate compliance. The
Commission also declined to extend the
SAR-based exemption formula from 0.5
cm to 0 cm because there is no modeling
data that validates such an extension.
12. MPE-Based Exemption. To
support an exemption from further
evaluation for frequencies from 300 kHz
through 100 GHz, the Commission also
adopted general frequency and
separation-distance dependent MPEbased ERP thresholds as shown below
in Table 2. The values in Table 2 apply
to any single RF source (i.e., fixed,
mobile, and portable transmitters) and
specify power and separation distance
criteria for each of the five frequency
ranges used for the MPE limits.
TABLE 2—SINGLE RF SOURCES SUBJECT TO ROUTINE ENVIRONMENTAL
EVALUATION UNDER MPE-BASED
EXEMPTIONS
Transmitter
frequency
(MHz)
Threshold ERP
(watts)
0.3–1.34 .........
1.34–30 ..........
30–300 ...........
300–1,500 ......
1,500–100,000
1,920 R2
3,450 R2/f2
3.83 R2
0.0128 R2f
19.2 R2
Note: R is in meters and f is in MHz.
13. An RF source with ERP equal to
or less than the Threshold ERP specified
in Table 2 for the source frequency
would be considered exempt from
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evaluation. In cases where ERP is not
well defined, the available maximum
time-averaged power may be used if the
device antenna(s) or radiating
structure(s) does not exceed an
electrical length of l/4. The separation
distance R is the smallest distance from
any part of the antenna or radiating
structure to all persons, including those
occupationally exposed, during
operation at the applicable ERP. In the
case of mobile or portable devices, the
separation distance R is from the outer
housing of the device where it is closest
to the antenna. At sites with multiple
fixed transmitters, or multiple mobile or
portable transmitters within the same
device, the formulas would be applied
in conjunction with the summations
discussed in the section below on RF
Exposure Evaluation Exemption
Criteria—Multiple RF Sources.
14. The criteria shown in Table 2
apply at separation distances from any
part of the radiating structure of at least
l/2p; if R is less than l/2p and other
exemptions do not apply, evaluation is
required. Since l/2p is greater than 20
cm at frequencies below 239 MHz, these
exemption criteria do not apply to
portable devices that are operated both
at less than 20 cm from the human body
and at frequencies below 239 MHz. In
general, less restrictive SAR-based
exemption criteria may be used in
accordance with the formulas specified
in Table 2, but these SAR-based
exemptions are not valid below 300
MHz. Thus, there are no exemption
criteria below 239 MHz for portable
devices (or for any antenna at less than
20 cm), other than the 1 mW blanket
exemption.
15. The Commission declined to
adopt commenters’ suggestions to adjust
the formulas to more readily exempt
transmitters mounted on dedicated,
access-controlled wireless support
structures in the frequency range 300
MHz to 3 GHz because simply being
building-mounted does not preclude
persons from having access to the area
near an antenna, particularly when
mounted low to the ground or in other
accessible locations. The actual distance
from potential human presence should
be taken into consideration. The
Commission rejected a commenter’s
proposal to relax the standard for
transmitters located on structures where
access can be more readily controlled
since spaces adjacent to such a structure
may be readily accessible, rendering the
transmitter appropriate for an
evaluation. It also rejected a
commenter’s proposal to add a modified
exemption formula that would apply
between 400 MHz and 3 GHz because it
found that the formula was based on
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inappropriate assumptions and could
not ensure compliance with the
Commission’s RF exposure limits.
16. 1-mW Exemption. For multiple
sources inside a single device, each of
which is capable of no more than 1-mW,
the Commission adopted a minimum 2cm separation distance between
antennas that operate in the same timeaveraging period, as proposed in the
2013 RF Further Notice. In other words,
if there are two or more RF sources
inside a single device operating at the
same time and the nearest parts of the
antenna structures are separated by less
than 2 cm, the 1-mW exemption will not
apply. However, if the sum of multiple
sources is less than 1 mW during the
time-averaging period, they may be
treated as a single source (separation is
not required), and exempted
accordingly. As with the exemption for
a single RF source, this exemption
cannot be used in conjunction with
other exemption criteria, and medical
implant devices may use only this 1mW exemption.
17. Use of Summation Formulas. In
situations where RF exposure is
generated from multiple sources at the
same time, all such sources are
considered in aggregate to determine
compliance with the exposure limits.
The Commission decided that the SARand MPE-based exemptions from RF
exposure evaluation may be used along
with known existing exposure levels to
exempt multiple RF sources. This is
accomplished by normalizing each
source power level to each matching
exemption threshold power and
determining whether the total of all the
normalized powers is no more than 1.
(Normalization here means dividing an
RF source power level by the
corresponding exemption threshold
power.) In addition, if pre-existing
exposure levels are known, they may
also be normalized to the exposure
limits to determine the remaining
margin available for exemption of
additional sources to demonstrate
compliance with the limit. These
concepts are applied to the antennas of
multiple transmitters in a single device
and to multiple fixed transmitters, as
explained below.
18. Multiple RF Sources with Fixed
Physical Relationship. To address the
potential exposure from multiple
simultaneously operating RF sources
with a fixed physical relationship, the
Commission adopted the summation
formula shown below for all RF sources,
regardless of whether portable, mobile,
or fixed, rather than its proposals in the
2013 RF Further Notice, which provided
different formulas for portable, mobile,
and fixed transmitters. For sites or
devices with multiple transmitters, the
summation formula shown below will
determine whether multiple
transmitters using the single transmitter
formulas are collectively exempt from
evaluation. This formula includes three
summation terms, the first two of which
are summations for the exemptions, the
third is to account for exposure from
existing evaluations, which is described
in more detail below.
Where:
a equals the number of fixed, mobile, or
portable RF sources claiming exemption
using the Table 1 formula for Pth,
including existing exempt transmitters
and those being added.
b equals the number of fixed, mobile, or
portable RF sources claiming exemption
using the applicable Table 2 formula for
Threshold ERP, including existing
exempt transmitters and those being
added.
c equals the number of existing fixed, mobile,
or portable RF sources with known
evaluation for the specified minimum
distance.
Pi equals the available maximum timeaveraged power or the ERP, whichever is
greater, for a fixed, mobile, or portable
RF source i at a distance between 0.5 cm
and 40 cm (inclusive).
Pth,i equals the exemption threshold power
(Pth) according to the Table 1 formula for
a fixed, mobile, or portable RF source i.
ERPj equals the available maximum timeaveraged power or the ERP, whichever is
greater, of a fixed, mobile, or portable RF
source j.
ERPth,j equals the exemption threshold ERP
for a fixed, mobile, or portable RF source
j, at a distance of at least l/2p, according
to the applicable Table 2 formula at the
location in question.
Evaluatedk equals the maximum reported
SAR or MPE of fixed, mobile, or portable
RF source k either in the device or at the
transmitter site from an existing
evaluation.
Exposure Limitk equals either the general
population/uncontrolled maximum
permissible exposure (MPE) limit or
specific absorption rate (SAR) limit for
each fixed, mobile, or portable source, as
applicable.
reduces the allowable margin remaining
for exemption at the location of interest
(e.g., 20 cm for mobile RF sources). All
transmitters must be considered, and all
transmitters that can operate at the same
time must be included in the
summation of multiple transmitters. If a
transmitter is subsequently proposed to
be added under the Commission’s
permissive change authorization
procedures for portable or mobile
devices, a new calculation must be
made including the additional
transmitter.
20. In response to a commenter’s
suggestion that the Commission
incorporate further technical definitions
in its rules for terms used in the
summation formula beyond those
proposed in the 2013 RF Further Notice,
the Commission added definitions of
‘‘available maximum time-averaged
power,’’ ‘‘effective radiated power
(ERP),’’ and ‘‘time-averaging period’’ to
its rules. However, because the
Commission’s exemptions do not rely
on delivered power but available power,
it declined to adopt a definition for
‘‘delivered maximum time-averaged
power.’’ The Commission clarified that
the delivered maximum time-averaged
power would be the largest net power
delivered or supplied to an antenna, as
averaged over a time period not to
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19. The normalized contributions to
the total exemption threshold can be
determined by calculating for each RF
source, whether mobile, portable, or
fixed, the ratio of the maximum timeaveraged power (matched conducted
power or ERP, as appropriate) for the
transmitter, comparing it to the
appropriate frequency- and distancedependent threshold, using the formula
above for either time-averaged power
thresholds (mW) for exemption of single
portable, mobile and fixed RF sources,
or Table 2, and summing those ratios. If
the ratios for all transmitters in a device
operating in the same time-averaging
period are included in the total sum and
this sum is no more than 1 (i.e., 100
percent), the cumulative contributions
do not exceed the permissible limit and
a location at a site or the device (i.e., all
transmitters within the device) are
exempt from routine evaluation. The
basic exemption criteria are contained
in the P and ERP summation terms,
while the Evaluated/Exposure Limit
sum accounts for the preexisting
exposure levels and correspondingly
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exceed 30 minutes for fixed sources, or
as averaged over a time period inherent
from the device transmission
characteristics for mobile and portable
sources (also not to exceed 30 minutes).
21. To account for simultaneous
transmissions while allowing for short
time-averaging periods for nonoverlapping transmissions, the
Commission included short timeaveraging periods for non-overlapping
transmissions in its rules. It also
clarified that multiple source
summations require time averaging over
an averaging period during which the
maximum power is being transmitted,
provided that summations (or
measurements) performed using a
shorter time-averaging period
correspond to the maximum aggregate
time-averaged SAR or power density of
the multiple transmitters being summed
(i.e., accounting for maximum duty
cycle, maximum transmitted power,
overlapping transmission, etc.). Also,
short time-averaging periods (e.g., over
one pulse at maximum power) may be
selected to conservatively determine
power and avoid the need to sum
powers from multiple transmitters when
transmissions from the different
transmitters do not overlap in time. The
values for Pi, ERPj, and Evaluatedk,
where applicable, are determined
according to the source-based time
averaging requirements of
§§ 2.1093(d)(5) and 2.1091(d)(2) of the
rules, and the sum of those values
conservatively represents the total
calculated exposure. The summation
formula may be used even if some of the
three terms do not apply (i.e., where
those terms would be zero). To the
extent that overlapping transmissions
may vary among individual products
and host configurations, the
Commission noted that applicants may
want to consult device-specific
procedures developed by the FCC
Laboratory addressing the details of how
to conduct evaluations and determine
compliance with the RF exposure limits.
22. RF Sources without Fixed Physical
Relationships. As proposed in the 2013
RF Further Notice, the Commission
decided not to require applicants to
account for multiple RF sources that
have no fixed positional relationship
between or among each other when
determining the availability of an
exemption, as is typically the case
between a mobile and a broadcast
antenna or other fixed source, or
between two mobile sources. There is
no practical method to quantitatively
establish exemption for multiple RF
sources where there is no definite
positional relationship between sources,
such as between multiple mobile/
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portable devices or between such
devices and fixed transmitters, and none
were recommended by commenters.
23. Although commenters raised
concerns about the impact of
cumulative RF exposure, the
Commission found that consideration of
the typical spatial separation between
RF sources diminishes the practical
relevance of multiple spatially
uncorrelated transmitters. Since
exposure from fixed RF sources
diminishes rapidly with distance and
signal losses due to non-line-of-sight
conditions, the Commission expects that
exposure from portable or mobile
devices near a person’s body would
generally be overwhelmingly more
significant. The exposure from each
portable or mobile device near a person
will generally be highly localized and
involve low total power absorption. The
Commission expects that the locations
of maximum SAR in the body from
these portable and mobile RF sources
are highly unlikely to overlap, and also
that total power absorption will not
result in significant contribution to
whole-body average SAR. Thus, for
multiple exempt RF sources without an
inherent spatial relationship, regardless
of their classification as fixed, mobile,
or portable, the Commission concluded
that it is very highly unlikely the
localized or whole-body SAR limits
would be exceeded. The Commission
concluded that the summation of
potential exposure due to spatially
uncorrelated sources should not be
routinely required and is consistent
with all known compliance activities to
date.
B. Environmental Evaluation
24. Where an exemption cannot be
invoked, a routine environmental
evaluation—described in the
Commission’s rules as a ‘‘determination
of compliance’’—must be performed for
fixed transmission sites where the
exemptions are not met to ensure that
the RF exposure limits are not exceeded
in places that are accessible to humans.
In most cases, such an evaluation is
simple and generic and does not require
a determination of the precise exposure
level, only that it can be determined
from available information that it must
be less than the Commission’s limits. In
other cases, the evaluation may require
more precision regarding transmitter
power and antenna distance from
human-accessible spaces and,
potentially, may be the basis for
determining necessary measures to deter
humans from entering otherwise
accessible locations (i.e., mitigation).
25. As proposed in the 2013 RF
Further Notice and supported in the
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record, the Commission removed
provisions from its rules that specified
only one acceptable numerical approach
to RF exposure evaluation and instead
allowed any valid computational
method to be used. The Commission
replaced the restrictive rules with
guidance documents, such as in OET
Bulletins and the KDB, which describe
acceptable methods for certain
applications. Plus, the Commission
decided that parties can make ad hoc
requests for use of other methods whose
reliability and validity they can
substantiate to the satisfaction of
Commission staff. Also as proposed, the
Commission eliminated a minimum
measurement distance of 5 cm for
devices operating above 6 GHz, since
that requirement appears to have been
rendered obsolete by technological
developments and is no longer
necessary.
26. Consistency of Usage of Any Valid
Method for SAR Computation. As
proposed in the 2013 RF Further Notice
and supported in the record, the
Commission modified the language in
§§ 1.1307(b)(2)(iv) and 95.1221 of the
rules by removing references to the
finite difference time domain (FDTD)
method for SAR computation and
allowed any valid computational
method supported by adequate
documentation and consistent results to
be used. In response to commenters’
suggestion for increased reliance on
field measurements for fixed sites rather
than computation because of concerns
that SAR computation would
underestimate exposure, the
Commission noted that computational
methods for transmitter facilities tend to
be more restrictive than measurements
since they use maximum power and
other conservative assumptions. Since
such methods provide a simpler, less
burdensome means of demonstrating
compliance, the Commission decided
that computational methods will be
permitted where they can be
successfully invoked. In response to a
commenter’s suggestion that software
developers be given guidance about the
requirements for valid computational
software, the Commission directed the
Commission’s OET to provide guidance
on acceptable methods of computation
via the KDB.
27. Removal from Rules of Minimum
Evaluation Distance Requirement for
Frequencies Above 6 GHz. To better
simulate RF exposure in typical
situations, the Commission also
eliminated from § 2.1093(d) of its rules
a minimum measurement distance of 5
cm for measurements and calculations
used to demonstrate RF exposure
compliance for devices operating above
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6 GHz. The Commission emphasized
that applicants must provide specific
justification for measurement distances
used in compliance testing, describing
the normal and feasible use(s) of the
device. Equipment certification review
will specifically include evaluation of
the propriety of this specification,
including any measures that may be
taken to ensure that it is maintained.
28. Technical Evaluation References
in Rules. As proposed in the 2013 RF
Further Notice, the Commission
removed the reference to IEEE Standard
C95.3–1991 from § 24.51(c) of its rules
as a possible SAR evaluation reference,
instead relying on publications in the
KDB for providing guidance on
technical evaluation procedures and
standards. The Commission also
determined that the FCC Laboratory’s
current process of issuing draft versions
of KDB guidance documents, engaging
manufacturers and other affected
entities early in the revision process,
and providing flexibility and harmony
with existing standards effectively
address the commenters’ concerns about
the process and transparency of
developing KDB documents. Regarding
OET Bulletins 56 and 65, the
Commission decided to eliminate
Bulletin 56 in deference to more current
material on the same subject on the
Commission’s website, and that
Commission staff will maintain and
update OET Bulletin 65 as a standalone
document available for download.
C. Mitigation Measures To Ensure
Compliance With Exposure Limits
29. Transient Exposure. In the 2019
Second Report and Order, the
Commission adopted its proposal to
define transient exposure as the brief RF
exposure in a controlled environment
that does not exceed the general
population limit, which may be
averaged over a time interval up to 30
minutes (shorter averaging times are
generally more conservative and may be
used for convenience during
evaluation). The rules the Commission
adopted require, for controlled areas
where the general population limit is
exceeded, access controls and
appropriate signage in addition to
supervision of transient individuals by
trained occupational specialists. The
Commission found no basis for
permitting exposure of any untrained
individuals—regardless of whether they
are workers—greater than the general
population exposure limit. The
applicability of occupational limits
requires that a person be fully aware
(e.g., training has been provided,
warning signs detailing the nature of the
hazard have been posted) and able to
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exercise control over his or her workrelated exposure.
30. Thus, the occupational exposure
limits apply only if a person has been
trained and has sufficient information to
be fully aware of nearby RF sources and
the necessity and means of avoiding
overexposure. To satisfy the
requirement to present written or verbal
information to untrained transient
individuals within controlled
environments, the Commission affirmed
that written information may include
signs, maps, or diagrams showing where
exposure limits are exceeded, and
verbal information may include
prerecorded messages.
31. The Commission declined to
adopt its proposal that transient
exposure should not exceed the
continuous occupational limit, listed in
§ 1.1310, at any time, since it agreed
with a commenter that such a limit
would result in a more restrictive
exposure limit for transient individuals
than for the general public, for which
there is no temporal peak limit. The
Commission also agreed with
commenters that its current rules
limiting exposure for all populations do
not specify a cap at any peak value
above the continuous limits. As long as
the average over any applicable timeaveraged period provided in the rules is
compliant with the continuous general
population limit, a transient individual
walking in a controlled area may be
exposed above the general population
limit in one location and below this
limit in another location—how much
above that limit an instantaneous
exposure is permitted is not defined in
the rules.
32. Despite a commenter’s concern
about the use of the term ‘‘general
population’’ in conjunction with
‘‘controlled,’’ the Commission was not
convinced by the concern over how the
terminology should be applied, or that
it was potentially introducing a third
exposure category. The Commission
noted that there are only two sets of
limits—those which apply to
supervised/trained workers (in an
occupational setting) and those which
apply to the general population (which
includes unsupervised and untrained
workers). The environment in which
these exposures occur defines whether
the exposure is in a controlled or
uncontrolled setting. Because the
Commission also adopted requirements
for implementing RF safety programs at
fixed sites, the only situation where
transient exposure would be relevant
would be in a controlled setting.
33. Despite commenters’ arguments
that the Commission’s requirements for
transient individuals to be supervised
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regarding RF exposure areas are
unnecessary and burdensome and
ultimately would not be practical or
effective, the Commission maintained
that the supervision requirement is
reasonable since a new employee would
be made aware of areas where exposure
could exceed the limits as part of his/
her supervised orientation. The
Commission agreed with commenters
that third-party workers who perform
tasks near RF sources should be trained
and not considered transient. It also
agreed that transient provisions are not
to be used with any regularity and
would not apply to persons (e.g., tree
trimmers, window washers, etc.)
expected to be in locations for extended
periods where the general population
RF limits are exceeded, nor to persons
who traverse such areas on a regular
basis. All such persons must receive
appropriate training.
34. Signage and Access Control. To
the extent that required signs are used
to warn workers so they are protected
from RF exposure levels that exceeds
the Commission’s limits, the
Commission decided that the following
information must be included in such
signs:
• RF energy advisory symbol (e.g.,
Figure A.3 of IEEE Standard C95.2–
1999)
• A description of the RF source (e.g.,
transmitting antennas)
• Behavior necessary to comply with
the exposure limits (e.g., do not climb
tower unless you know that antennas
are not energized; stay behind barrier
or off of markings)
• Up-to-date contact information (e.g.,
monitored phone number or email
address connected to someone with
authority and capability to provide
prompt response)
35. As proposed in the 2013 RF
Further Notice and supported in the
record, the Commission adopted four
categories for specifying RF safety
program actions that reflect potential RF
exposure scenarios, analogous to the
categories in the Institute of Electrical
and Electronics Engineers (IEEE)
Standard C95.7–2014—‘‘IEEE
Recommended Practice for Radio
Frequency Safety Programs, 3 kHz to
300 GHz.’’
36. Category One applies to locations
where the operational characteristics of
RF sources would not cause the
exposure limit for the general
population to be exceeded even with
continuous or with source-based timeaveraged exposure. Category One signs
are optional and will show a green
‘‘INFORMATION’’ heading and may be
used to offer information to the public
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that a transmitting RF source is nearby
but that it is compliant with the
Commission’s RF exposure limits
regardless of duration or usage. Category
One signs could include the following:
• An explanation of safety
precautions to be observed when closer
to the antenna than the information sign
(where applicable)
• Reminder to obey all postings and
boundaries (if higher categories are
nearby)
• Up-to-date contact information (if
higher categories are nearby)
• Place to get additional information
(such as a website, if no higher
categories are nearby)
37. Category Two signs and positive
access controls are required where the
continuous exposure limit would be
exceeded for the general population, but
not for occupational personnel. Category
Two signs must have the signal word
‘‘NOTICE’’ in blue color. Under certain
controlled conditions, such as on a
rooftop with limited access (e.g., a
locked door with appropriate signage or
antenna concealment), the Commission
allowed that a sign be attached directly
to the antenna. A label affixed to an
antenna will be considered sufficient
only if it is readable from the direction
of approach and at least at the
separation distance required for
compliance with the general population
exposure limit. Appropriate training is
required for any occupational personnel
with access to the controlled area where
the general population exposure limit is
exceeded, and transient individuals
must be supervised by occupational
personnel with appropriate training
upon entering any of these areas. Use of
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time averaging would be required for
transient individuals in the area where
the continuous general population
exposure limit is exceeded. Though not
required, use of personal RF monitors in
the areas where the general population
exposure limit is exceeded is an option
likely to ensure compliance.
38. Category Three applies to
locations where the exposure limit for
occupational personnel would be
exceeded potentially by up to a factor of
ten. Category Three requires signs with
the appropriate signal word
‘‘CAUTION’’ in yellow color, and
control or indicators (e.g., chains,
railings, contrasting paint, diagrams), in
addition to the positive access control
established for Category Two,
surrounding the area in which the
exposure limit is exceeded. The
Commission allowed, under certain
controlled conditions, that a sign may
be attached directly to the antenna. A
label affixed to an antenna will be
considered sufficient only if it is
readable from the direction of approach
and at least at the separation distance
required for compliance with the
occupational exposure limit.
Additionally, appropriate training is
required for any occupational personnel
with access to the controlled area where
the general population exposure limit is
exceeded. Use of time averaging is
required for transient individuals to
ensure compliance with the general
population exposure limit.
Appropriately trained occupational
personnel may use RF monitors or
personal protective equipment to ensure
compliance with the occupational
limits. If such mitigation procedures or
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power reduction, and therefore Category
reduction, are not feasible, then the
lockout/tagout procedures specified in
29 CFR 1910.147 must be used.
39. Category Four applies to locations
where the exposure limit for
occupational personnel would be
exceeded by more than a factor of ten,
or where there is a possibility for
serious contact injury, such as a severe
burn, permanent tissue damage, or
shock. Where the occupational limit
could be exceeded by a more than factor
of ten, ‘‘WARNING’’ signs in orange
color are required. ‘‘DANGER’’ signs in
red color are required where immediate
and serious injury will occur on contact,
in addition to positive access control.
For example, ‘‘DANGER’’ signs are
required at the base of AM broadcast
towers where serious injuries due to
contact burns may occur. If a power
reduction would not sufficiently protect
against the relevant exposure limit in
the event of human presence, lockout/
tagout procedures must be followed to
ensure human safety. To aid in
protecting individuals from potentially
serious and immediate harm, Category
Four signs can be useful in indicating
the most hazardous locations, even
though Category Three signs already
indicate an area surpassing the
occupational exposure limit for
continuous exposure. In Category Four
locations, it is infeasible for any
mitigation measures (e.g., timeaveraging, personal protective
equipment) other than power reduction
to bring exposure levels within the
Commission’s occupational limits. See
Figure 1 below for a visual description
of these categories.
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40. Determination of the appropriate
category designation must not be based
on the exemptions from routine RF
evaluation, but instead must be based
on a specific site evaluation, consistent
with the Commission’s existing
recommendations and rules for routine
evaluation of compliance by
measurement or computation as
specified in OET Bulletin 65. Such
methods as spatial averaging of planewave equivalent power-density, sourcebased time averaging, and SAR
determinations may be used where
appropriate to determine compliance
with an applicable limit or classification
of the environment into one of the
categories. In contrast to IEEE’s
reference to ‘‘action levels,’’ the general
population exposure limit for
uncontrolled environments is a definite
legal limit enforced by the Commission.
41. Establishment of a controlled
environment where this limit is
exceeded (i.e., a Category Two, Three, or
Four environment) would generally
require some type of positive access
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control. These include locked doors,
ladder cages, or effective fences, as well
as enforced prohibition of public access
to external surfaces of buildings, or
generally, active preclusion of
unauthorized access. It does not include
natural barriers that tend to limit access
but may not be always effective or other
access restrictions that do not require
any action on the part of the licensee or
property management. Members of the
general public (which can include
children and vision-impaired persons)
should not be expected to be aware of
or act on posted exposure conditions
only. Barriers and/or markings are
required to complement signs to ensure
compliance with the Commission’s RF
exposure limits. In response to
commenters’ concerns about the risk of
RF overexposure to unaware workers
and that signs should not be a catchall
compliance measure, the Commission
observed that an appropriately trained
worker will be able to interpret the signs
to appropriately control his/her
exposure, and emphasized that
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untrained workers should not have
access to controlled locations without
supervision.
42. The Commission required that
signs have an up-to-date point of
contact, but declined to require 24/7
monitoring. Instead, it directed the OET
to update OET Bulletin 65 to specify
that the contact point be continuously
monitored during normal business
hours, but did not specify a response
time. In response to commenters’
concerns regarding sign content and
readability and the feasibility of
implementing access controls, the
Commission required that signs be
legible and readily viewable and
readable (as specified by the
Occupational Safety and Health
Administration and the former National
Bureau of Standards) from the boundary
(and as necessary, on the approach to
this boundary) where the applicable RF
exposure limits are exceeded, and that
controls or indicators be placed at
compliance boundaries; it declined to
adopt a site safety plan or a setback of
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1500 feet from all cell towers as
required components. The Commission
also concluded that parties responsible
for the placement of signs should
consider the potential implications of
over-signage (e.g., undue alarm,
confusion, and disregard of meaningful
postings) and indicated that it will
consider compliance with these rules on
a case-by-case basis.
43. Training to Ensure Compliance.
Because RF safety awareness is vitally
important to ensure that persons are
fully aware of the potential for RF
exposure and can exercise control over
their exposure, the Commission directed
the OET to consider the topics outlined
in Annex A of ANSI/IEEE C95.7–2005—
‘‘IEEE Recommended Practice for Radio
Frequency Safety Programs, 3 kHz to
300 GHz’’ as training guidance to
reference in a future revision of OET
Bulletin 65. The Commission
emphasized that it does not consider
signage at an access door to be sufficient
to achieve the goal of training
compliance for those persons
potentially exposed beyond that door.
The area beyond the door must also be
appropriately signed, marked, and/or
cordoned with barriers. Lockout/tagout
could satisfy a need for power
reduction, but are not appropriate as
universal requirements. In the case of
training using verbal information, the
Commission clarified that either spoken
word or pre-recorded audio from an
authorized individual qualified to
provide instruction on how to remain
compliant is acceptable. Training may
also include web-based programs.
44. Responsibility for Mitigation
Measures. Despite comments requesting
limitations on a licensee’s responsibility
for RF exposure mitigation measures,
the Commission declined to adopt safe
harbors (e.g., category-appropriate
signage, access controls, indicative or
physical barriers, RF safety training,
information about RF exposure risks in
accessible areas, and 24/7 contact
information) from actions and events at
a restricted area beyond the licensee’s
control.
45. In response to comments on the
responsibility of new entrants at
multiple transmitter sites, the
Commission clarified that while each
nearby licensee shares responsibility for
compliance, where it is demonstrated
that a new or modified facility has put
a previously-compliant site out of
compliance, the licensee of that new/
modified facility is solely responsible
both for any compliance and for any
enforcement action that may occur. At
the same time, while the requirement
for new and renewal applicants to
evaluate and ensure compliance at sites
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is intended as a mechanism to maintain
ongoing compliance, it does not absolve
other license holders of responsibility or
place sole responsibility for mitigation
on the newcomer to a site who may
discover noncompliance by existing site
occupants or may contribute further to
pre-existing noncompliance. The
Commission found that such a general
policy would not only discourage
cooperation and site agreements, but
also inappropriately absolve the
preexisting licensees of their violations.
The Commission expects that
consideration of available evidence on a
case-by-case basis during any
appropriate enforcement actions can
avoid inappropriate assignment of
liability where noncompliance is found.
46. The Commission rejected a
commenter’s argument that, in addition
to the Commission’s requirements
concerning warning signs and barriers,
local authorities should be allowed to
require additional signs and access
restriction where they deem
appropriate. While section
332(c)(7)(B)(iv) of the Act permits State
and local governments, when making
decisions on the ‘‘placement,
construction, and modification’’ of
personal wireless service facilities, to
consider whether such facilities comply
with the Commission’s regulations
concerning RF emissions, it expressly
prohibits them from imposing their own
regulations on such facilities on the
basis of the environmental effects of
such emissions.
D. Transition Periods
47. To allow licensees and
manufacturers time to complete the
required RF exposure evaluations or
determine whether they are exempt
from evaluation, as well as allow an
orderly transition for the Commission’s
licensing Bureaus and equipment
authorization program to incorporate
the new exemption criteria into their
equipment certification policies and
procedures, the Commission set a
timetable for conducting the
reevaluation, under the new rules, of
antenna locations that were previously
exempt from evaluation. As a
commenter requested, the Commission
allowed two years from the effective
date of the new rules to complete the
evaluations and comply with the more
specific RF exposure mitigation
requirements adopted in the 2019
Second Report and Order, as necessary.
E. Conforming Edits
48. In the 2013 RF Further Notice, the
Commission proposed to reword
§§ 1.1307(b), 1.1310, 2.1091, and 2.1093
in its rules as necessary to ensure clarity
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and consistency. In addition, it
proposed to make changes to specific
sections of parts 15, 24, 25, 95, and 97
for consistency and as necessary
depending on the substantive changes
in parts 1 and 2. Since the Commission
proposed that its general RF exposure
evaluation exemption criteria apply to
all rule parts authorizing RF sources,
specific exceptions in rule parts other
than parts 1 and 2 were not necessary.
No specific comments were received on
these proposals and the Commission
took the following actions:
• For applicants for equipment
authorizations covered by parts 15 and
18, in §§ 15.212(a)(viii), 15.247(i),
15.255(g), 15.257(g), 15.319(i), 15.407(f),
15.709(h), and 18.313, we substitute our
general exemption criteria for the
specific exemption from routine
evaluation;
• For applicants and licensees in the
Public Mobile Service Personal
Communications Service, we add and
substitute our general exemption criteria
for the specific exemption from routine
evaluation in §§ 22.379 and 24.52;
• For applicants and licensees of
satellite earth stations, we remove the 5
percent criterion in § 25.117(g) and
introduce similar language to § 25.115,
paragraph (p), § 25.129, paragraph (c),
§ 25.149, paragraph (c)(3), and § 25.271,
paragraph (g);
• For applicants and licensees in the
Miscellaneous Wireless
Communications Services, Radio
Broadcast Services, and Private Land
Mobile Services we substitute our
general exemption criteria for the
specific exemption from routine
evaluation by modifying §§ 27.52,
73.404, paragraph (e)(10), and by adding
§ 90.223 and removing § 90.223;
• We add mobile devices to § 95.2385
for WMTS and edit § 95.2585 to
eliminate the limited specification of
FDTD modeling for MedRadio service
medical implants;
• For applicants and licensees in the
Amateur Radio Service, we substitute
our general exemption criteria for the
specific exemption from routine
evaluation based on power alone in
§ 97.13(c)(1) and specify the use of
occupational/controlled limits for
amateurs where appropriate; and
• For applicants and licensees in the
Multichannel Video Distribution and
Data Service, we substitute our general
exemption criteria for the specific
exemption from routine evaluation of
stations in the 12.2–12.7 GHz frequency
band with output powers less than 1640
watts EIRP, in § 101.1425.
Each of these changes will improve
consistency and clarity of the rules.
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Rules and Regulations
18141
Memorandum Opinion and Order
49. In the 2019 Memorandum Opinion
and Order, the Commission dismissed
and alternatively denied a petition for
reconsideration of its decision in the
2013 First RF Report and Order to
classify the pinna (outer ear) as an
extremity in RF exposure testing. The
Commission found that the petition
contained no new information that
specifically addressed the effects of RF
exposure on the pinnae themselves and
otherwise relied on arguments that have
been fully considered and rejected.
Furthermore, the Commission found
that the petition did not raise any new
arguments when it cited alternative
concerns related to pinnae
classification, brain proximity, and
human safety; offered no persuasive
evidence that the Commission’s analysis
was flawed; and that it did not
demonstrate any errors or omissions in
the Commission’s previous decision.
For these reasons, the Commission
dismissed and alternatively denied the
petition for reconsideration.
B. Congressional Review Act
53. The Regulatory Flexibility Act of
1980 (RFA) requires that an agency
prepare a regulatory flexibility analysis
for notice and comment rulemakings,
unless the agency certifies that ‘‘the rule
will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.’’
Accordingly, the Commission has
prepared a Final Regulatory Flexibility.
54. Analysis (FRFA), set forth in
Appendix D of the 2019 Second Report
and Order, Memorandum Opinion and
Order, and Termination of Notice of
Inquiry concerning the possible impact
of the rule changes.
Justice is dismissed and alternatively
denied.
58. It is further ordered that pursuant
to authority contained in sections 4(i)
and 4(j) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
154(j), and § 1.430 of the Commission’s
rules, 47 CFR 1.430, the Notice of
Inquiry in ET Docket No. 13–84 is
terminated.
59. It is further ordered that pursuant
to the authority contained in sections
4(i) and 4(j) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i),
154(j), and § 1.430 of the Commission’s
rules, 47 CFR 1.430, ET Docket No. 03–
137 in terminated.
60. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Second Report and Order, including
the Final Regulatory Flexibility
Analysis, and the Memorandum
Opinion and Order, to the Chief Counsel
for Advocacy of the Small Business
Administration.
Termination of Notice of Inquiry (ET
Docket No. 13–84)
50. In the 2019 Termination of Notice
of Inquiry, the Commission terminated
the Notice of Inquiry proceeding in ET
Docket No. 13–84 that it initiated in
2013 to review its existing RF exposure
standards and certain related policies
without making any changes to the
Commission’s RF rules. While some
commenters suggested that the
Commission should revise it RF
exposure standards to be consistent
with other international standards, the
Commission declined to make any
changes that would effectively relax its
current standards, concluding that the
best available evidence, including
consideration of the opinions provided
by expert U.S. federal health agencies,
supports maintaining the Commission’s
existing RF exposure standards.. The
Commission also determined that
commenters suggesting alternatives that
would tighten the FCC’s existing RF
exposure standards did not offer a
sufficient scientific basis as to how their
proposed reductions were derived, why
the proposed reductions specified the
appropriate amount, or how their
proposed alternative reductions may
impact the viability or performance of
wireless services and devices.
IV. Ordering Clauses
List of Subjects
55. Accordingly, it is ordered that
pursuant to sections 1, 4(i), 4(j), 301,
302, 303(r), 307, 308, 309, 332(a)(1),
332(c)(7)(B)(iv), and 403 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 154(j),
301, 302a, 303(r), 307, 308, 309,
332(a)(1), 332(c)(7)(B)(iv), 403; the
National Environmental Policy Act of
1969, 42 U.S.C. 4321, et seq.; and
section 704(b) of the
Telecommunications Act of 1996, Pub.
L. 104–104, the Second Report and
Order in ET Docket No. 03–137 is
hereby adopted.
56. It is further ordered that parts 1,
2, 15, 18, 22, 24, 25, 27, 73, 90, 95, 97,
and 101 of the Commission’s rules, 47
CFR parts 1, 2, 15, 18, 22, 24, 25, 27, 73,
90, 95, 97 and 101, are amended,
effective June 1, 2020, except for
§§ 2.1091 and 2.1093 of the
Commission’s rules, which contain new
or modified information collection
requirements that require approval by
the Office of Management and Budget
under the Paperwork Reduction Act and
will become effective after the
Commission publishes a notice in the
Federal Register announcing such
approval and the relevant effective date.
57. It is further ordered that pursuant
to section 405 of the Communications
Act of 1934, as amended, 47 U.S.C. 405,
and § 1.429 of the Commission’s rules,
47 CFR 1.429, this Memorandum
Opinion and Order is hereby adopted
and the Petition for Reconsideration
filed by the American Association for
47 CFR Part 1
III. Procedural Matters
A. Paperwork Reduction Act Analysis
51. This document contains new
information collections subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13.
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52. The Commission will send a copy
of the Second Report and Order,
Memorandum Opinion and Order, and
Termination of Notice of Inquiry in a
report to be sent to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Act
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Communications,
Telecommunications.
47 CFR Part 2
Communications equipment, Radio,
Telecommunications, Television.
47 CFR Part 15
Communications equipment,
Labeling, Radio.
47 CFR Part 18
Household appliances, Medical
devices, Radio, Scientific equipment,
Radio.
47 CFR Part 22
Communications, Communications
equipment, Radio, Telecommunications.
47 CFR Part 24
Communications equipment, Radio,
Telecommunications.
47 CFR Part 27 and 73
Communications equipment, Radio,
Television.
47 CFR Part 90, 95, 97, and 101
Communications equipment, Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communication
Commission amends 47 CFR parts 1, 2,
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15, 24, 25, 27, 73, 90, 95, 97, and 101
as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461 note, unless otherwise noted.
2. Section 1.1307 is amended by
revising paragraph (b) to read as follows:
■
§ 1.1307 Actions that may have a
significant environmental effect, for which
Environmental Assessments (EA) must be
prepared.
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*
*
*
*
*
(b)(1) Requirements. (i) With respect
to the limits on human exposure to RF
provided in § 1.1310 of this chapter,
applicants to the Commission for the
grant or modification of construction
permits, licenses or renewals thereof,
temporary authorities, equipment
authorizations, or any other
authorizations for radiofrequency
sources must either:
(A) Determine that they qualify for an
exemption pursuant to § 1.1307(b)(3);
(B) Prepare an evaluation of the
human exposure to RF radiation
pursuant to § 1.1310 and include in the
application a statement confirming
compliance with the limits in § 1.1310;
or
(C) Prepare an Environmental
Assessment if those RF sources would
cause human exposure to levels of RF
radiation in excess of the limits in
§ 1.1310.
(ii) Compliance with these limits for
fixed RF source(s) may be accomplished
by use of mitigation actions, as provided
in § 1.1307(b)(4). Upon request by the
Commission, the party seeking or
holding such authorization must submit
technical information showing the basis
for such compliance, either by
exemption or evaluation.
Notwithstanding the preceding
requirements, in the event that RF
sources cause human exposure to levels
of RF radiation in excess of the limits in
§ 1.1310 of this chapter, such RF
exposure exemptions and evaluations
are not deemed sufficient to show that
there is no significant effect on the
quality of the human environment or
that the RF sources are categorically
excluded from environmental
processing.
(2) Definitions. For the purposes of
this section, the following definitions
shall apply.
Available maximum time-averaged
power for an RF source is the maximum
available RF power (into a matched
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load) as averaged over a time-averaging
period;
Category One is any spatial region
that is compliant with the general
population exposure limit with
continuous exposure or source-based
time-averaged exposure;
Category Two is any spatial region
where the general population exposure
limit is exceeded but that is compliant
with the occupational exposure limit
with continuous exposure;
Category Three is any spatial region
where the occupational exposure limit
is exceeded but by no more than ten
times the limit;
Category Four is any spatial region
where the exposure is more than ten
times the occupational exposure limit or
where there is a possibility for serious
injury on contact.
Continuous exposure refers to the
maximum time-averaged exposure at a
given location for an RF source and
assumes that exposure may take place
indefinitely. The exposure limits in
§ 1.1310 of this chapter are used to
establish the spatial regions where
mitigation measures are necessary
assuming continuous exposure as
prescribed in § 1.1307(b)(4) of this
chapter.
Effective Radiated Power (ERP) is the
product of the maximum antenna gain
which is the largest far-field power gain
relative to a dipole in any direction for
each transverse polarization component,
and the maximum delivered timeaveraged power which is the largest net
power delivered or supplied to an
antenna as averaged over a timeaveraging period; ERP is summed over
two polarizations when present;
Exemption for (an) RF source(s) is
solely from the obligation to perform a
routine environmental evaluation to
demonstrate compliance with the RF
exposure limits in § 1.1310 of this
chapter; it is not exemption from the
equipment authorization procedures
described in part 2 of this chapter, not
exemption from general obligations of
compliance with the RF exposure limits
in § 1.1310 of this chapter, and not
exemption from determination of
whether there is no significant effect on
the quality of the human environment
under § 1.1306 of this chapter.
Fixed RF source is one that is
physically secured at one location, even
temporarily, and is not able to be easily
moved to another location while
radiating;
Mobile device is as defined in
§ 2.1091(b) of this chapter;
Plane-wave equivalent power density
is the square of the root-mean-square
(rms) electric field strength divided by
the impedance of free space (377 ohms).
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Portable device is as defined in
§ 2.1093(b) of this chapter;
Positive access control is mitigation
by proactive preclusion of unauthorized
access to the region surrounding an RF
source where the continuous exposure
limit for the general population is
exceeded. Examples of such controls
include locked doors, ladder cages, or
effective fences, as well as enforced
prohibition of public access to external
surfaces of buildings. However, it does
not include natural barriers or other
access restrictions that did not require
any action on the part of the licensee or
property management.
Radiating structure is an unshielded
RF current-carrying conductor that
generates an RF reactive near electric or
magnetic field and/or radiates an RF
electromagnetic wave. It is the
component of an RF source that
transmits, generates, or reradiates an RF
fields, such as an antenna, aperture,
coil, or plate.
RF source is Commission-regulated
equipment that transmits or generates
RF fields or waves, whether
intentionally or unintentionally, via one
or more radiating structure(s). Multiple
RF sources may exist in a single device.
Separation distance (variable R in
Table 1) is the minimum distance in any
direction from any part of a radiating
structure and any part of the body of a
nearby person;
Source-based time averaging is an
average of instantaneous exposure over
a time-averaging period that is based on
an inherent property or duty-cycle of a
device to ensure compliance with the
continuous exposure limits;
Time-averaging period is a time
period not to exceed 30 minutes for
fixed RF sources or a time period
inherent from device transmission
characteristics not to exceed 30 minutes
for mobile and portable RF sources;
Transient individual is an untrained
person in a location where
occupational/controlled limits apply,
and he or she must be made aware of
the potential for exposure and be
supervised by trained personnel
pursuant to § 1.1307(b)(4) of this chapter
where use of time averaging is required
to ensure compliance with the general
population exposure limits in § 1.1310
of this chapter.
(3) Determination of exemption. (i)
For single RF sources (i.e., any single
fixed RF source, mobile device, or
portable device, as defined in paragraph
(b)(2) of this section): A single RF source
is exempt if:
(A) The available maximum timeaveraged power is no more than 1 mW,
regardless of separation distance. This
exemption may not be used in
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(B) Or the available maximum timeaveraged power or effective radiated
power (ERP), whichever is greater, is
less than or equal to the threshold Pth
(mW) described in the following
formula. This method shall only be used
Where:
a = number of fixed, mobile, or portable RF
sources claiming exemption using
paragraph (b)(3)(i)(B) of this section for
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TABLE 1 TO § 1.1307(b)(3)(i)(C)—SIN- portion of any other radiating structure
GLE RF SOURCES SUBJECT TO in the same device, except if the sum of
ROUTINE ENVIRONMENTAL EVALUA- multiple sources is less than 1 mW
TION
RF Source
frequency
(MHz)
0.3–1.34 ....................
1.34–30 .....................
30–300 ......................
300–1,500 .................
1,500–100,000 ..........
Threshold ERP
(watts)
1,920 R2.
3,450 R2/f2.
3.83 R2.
0.0128 R2f.
19.2R2.
(ii) For multiple RF sources: Multiple
RF sources are exempt if:
(A) The available maximum timeaveraged power of each source is no
more than 1 mW and there is a
separation distance of two centimeters
between any portion of a radiating
structure operating and the nearest
Pth, including existing exempt
transmitters and those being added.
b = number of fixed, mobile, or portable RF
sources claiming exemption using
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during the time-averaging period, in
which case they may be treated as a
single source (separation is not
required). This exemption may not be
used in conjunction with other
exemption criteria other than those is
paragraph (b)(3)(i)(A) of this section.
Medical implant devices may only use
this exemption and that in paragraph
(b)(3)(i)(A).
(B) in the case of fixed RF sources
operating in the same time-averaging
period, or of multiple mobile or portable
RF sources within a device operating in
the same time averaging period, if the
sum of the fractional contributions to
the applicable thresholds is less than or
equal to 1 as indicated in the following
equation.
paragraph (b)(3)(i)(C) of this section for
Threshold ERP, including existing
exempt transmitters and those being
added.
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(C) Or using Table 1 and the
minimum separation distance (R in
meters) from the body of a nearby
person for the frequency (f in MHz) at
which the source operates, the ERP
(watts) is no more than the calculated
value prescribed for that frequency. For
the exemption in Table 1 to apply, R
must be at least l/2p, where l is the
free-space operating wavelength in
meters. If the ERP of a single RF source
is not easily obtained, then the available
maximum time-averaged power may be
used in lieu of ERP if the physical
dimensions of the radiating structure(s)
do not exceed the electrical length of l/
4 or if the antenna gain is less than that
of a half-wave dipole (1.64 linear value).
at separation distances (cm) from 0.5
centimeters to 40 centimeters and at
frequencies from 0.3 GHz to 6 GHz
(inclusive). Pth is given by:
ER01AP20.004
conjunction with other exemption
criteria other than those in paragraph
(b)(3)(ii)(A) of this section. Medical
implant devices may only use this
exemption and that in paragraph
(b)(3)(ii)(A);
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c = number of existing fixed, mobile, or
portable RF sources with known
evaluation for the specified minimum
distance including existing evaluated
transmitters.
Pi = the available maximum time-averaged
power or the ERP, whichever is greater,
for fixed, mobile, or portable RF source
i at a distance between 0.5 cm and 40 cm
(inclusive).
Pth,i = the exemption threshold power (Pth)
according to paragraph (b)(3)(i)(B) of this
section for fixed, mobile, or portable RF
source i.
ERPj = the ERP of fixed, mobile, or portable
RF source j.
ERPth,j = exemption threshold ERP for fixed,
mobile, or portable RF source j, at a
distance of at least l/2p according to the
applicable formula of paragraph
(b)(3)(i)(C) of this section.
Evaluatedk = the maximum reported SAR or
MPE of fixed, mobile, or portable RF
source k either in the device or at the
transmitter site from an existing
evaluation at the location of exposure.
Exposure Limitk = either the general
population/uncontrolled maximum
permissible exposure (MPE) or specific
absorption rate (SAR) limit for each
fixed, mobile, or portable RF source k, as
applicable from § 1.1310 of this chapter.
(4) Mitigation. (i) As provided in
paragraphs (b)(4)(ii) through (vi) of this
section, specific mitigation actions are
required for fixed RF sources to the
extent necessary to ensure compliance
with our exposure limits, including the
implementation of an RF safety plan,
restriction of access to those RF sources,
and disclosure of spatial regions where
exposure limits are exceeded.
(ii) Category One—INFORMATION:
No mitigation actions are required when
the RF source does not cause
continuous or source-based timeaveraged exposure in excess of the
general population limit in s§ 1.1310 of
this part. Optionally a green
‘‘INFORMATION’’ sign may offer
information to those persons who might
be approaching RF sources. This
optional sign, when used, must include
at least the following information:
Appropriate signal word
‘‘INFORMATION’’ and associated color
(green), an explanation of the safety
precautions to be observed when closer
to the antenna than the information
sign, a reminder to obey all postings and
boundaries (if higher categories are
nearby), up-to-date licensee (or
operator) contact information (if higher
categories are nearby), and a place to get
additional information (such as a
website, if no higher categories are
nearby).
(iii) Category Two—NOTICE:
Mitigation actions are required in the
form of signs and positive access control
surrounding the boundary where the
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continuous exposure limit is exceeded
for the general population, with the
appropriate signal word ‘‘NOTICE’’ and
associated color (blue) on the signs.
Signs must contain the components
discussed in paragraph (b)(4)(vi) of this
section. Under certain controlled
conditions, such as on a rooftop with
limited access, a sign attached directly
to the surface of an antenna will be
considered sufficient if the sign
specifies a minimum approach distance
and is readable at this separation
distance and at locations required for
compliance with the general population
exposure limit in § 1.1310 of this part.
Appropriate training is required for any
occupational personnel with access to
controlled areas within restrictive
barriers where the general population
exposure limit is exceeded, and
transient individuals must be
supervised by trained occupational
personnel upon entering any of these
areas. Use of time averaging is required
for transient individuals to ensure
compliance with the general population
exposure limit.
(iv) Category Three—CAUTION: Signs
(with the appropriate signal word
‘‘CAUTION’’ and associated color
(yellow) on the signs), controls, or
indicators (e.g., chains, railings,
contrasting paint, diagrams) are required
(in addition to the positive access
control established for Category Two)
surrounding the area in which the
exposure limit for occupational
personnel in a controlled environment
is exceeded by no more than a factor of
ten. Signs must contain the components
discussed in paragraph (b)(4)(vi) of this
section. If the boundaries between
Category Two and Three are such that
placement of both Category Two and
Three signs would be in the same
location, then the Category Two sign is
optional. Under certain controlled
conditions, such as on a rooftop with
limited access, a sign may be attached
directly to the surface of an antenna
within a controlled environment if it
specifies the minimum approach
distance and is readable at this distance
and at locations required for compliance
with the occupational exposure limit in
§ 1.1310 of this part. If signs are not
used at the occupational exposure limit
boundary, controls or indicators (e.g.,
chains, railings, contrasting paint,
diagrams, etc.) must designate the
boundary where the occupational
exposure limit is exceeded.
Additionally, appropriate training is
required for any occupational personnel
with access to the controlled area where
the general population exposure limit is
exceeded, and transient individuals
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must be supervised by trained personnel
upon entering any of these areas. Use of
time averaging is required for transient
individuals to ensure compliance with
the general population exposure limit.
Further mitigation by reducing exposure
time in accord with six-minute time
averaging is required for occupational
personnel in the area in which the
occupational exposure limit is
exceeded. However, proper use of RF
personal protective equipment may be
considered sufficient in lieu of time
averaging for occupational personnel in
the areas in which the occupational
exposure limit is exceeded. If such
procedures or power reduction, and
therefore Category reduction, are not
feasible, then lockout/tagout procedures
in 29 CFR 1910.147 must be followed.
(v) Category Four—WARNING/
DANGER: Where the occupational limit
could be exceeded by a factor of more
than ten, ‘‘WARNING’’ signs with the
associated color (orange), controls, or
indicators (e.g., chains, railings,
contrasting paint, diagrams) are required
(in addition to the positive access
control established for Category Two)
surrounding the area in which the
occupational exposure limit in a
controlled environment is exceeded by
more than a factor of ten Signs must
contain the components discussed in
paragraph (b)(4)(vi) of this section.
‘‘DANGER’’ signs with the associated
color (red) are required where
immediate and serious injury will occur
on contact, in addition to positive
access control, regardless of mitigation
actions taken in Categories Two or
Three. If the boundaries between
Category Three and Four are such that
placement of both Category Three and
Four signs would be in the same
location, then the Category Three sign is
optional. No access is permitted without
Category reduction. If power reduction,
and therefore Category reduction, is not
feasible, then lockout/tagout procedures
in 29 CFR 1910.147 must be followed.
(vi) RF exposure advisory signs must
be viewable and readable from the
boundary where the applicable
exposure limits are exceeded, pursuant
to 29 CFR 1910.145, and include at least
the following five components:
(A) Appropriate signal word,
associated color {i.e., {DANGER’’ (red),
‘‘WARNING’’ (orange), ‘‘CAUTION,’’
(yellow) ‘‘NOTICE’’ (blue)};
(B) RF energy advisory symbol;
(C) An explanation of the RF source;
(D) Behavior necessary to comply
with the exposure limits; and
(E) Up-to-date contact information.
(5) Responsibility for compliance. (i)
In general, when the exposure limits
specified in § 1.1310 of this part are
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exceeded in an accessible area due to
the emissions from multiple fixed RF
sources, actions necessary to bring the
area into compliance or preparation of
an Environmental Assessment (EA) as
specified in § 1.1311 of this part are the
shared responsibility of all licensees
whose RF sources produce, at the area
in question, levels that exceed 5% of the
applicable exposure limit proportional
to power. However, a licensee
demonstrating that its facility was not
the most recently modified or newlyconstructed facility at the site
establishes a rebuttable presumption
that such licensee should not be liable
in an enforcement proceeding relating to
the period of non-compliance. Field
strengths must be squared to be
proportional to SAR or power density.
Specifically, these compliance
requirements apply if the square of the
electric or magnetic field strength
exposure level applicable to a particular
RF source exceeds 5% of the square of
the electric or magnetic field strength
limit at the area in question where the
levels due to multiple fixed RF sources
exceed the exposure limit. Site owners
and managers are expected to allow
applicants and licensees to take
reasonable steps to comply with the
requirements contained in paragraph
(b)(1) of this section and, where feasible,
should encourage co-location of RF
sources and common solutions for
controlling access to areas where the RF
exposure limits contained in § 1.1310 of
this part might be exceeded. Applicants
and licensees are required to share
technical information necessary to
ensure joint compliance with the
exposure limits, including informing
other licensees at a site in question of
evaluations indicating possible noncompliance with the exposure limits.
(ii) Applicants for proposed RF
sources that would cause noncompliance with the limits specified in
§ 1.1310 at an accessible area previously
in compliance must submit an EA if
emissions from the applicant’s RF
source would produce, at the area in
question, levels that exceed 5% of the
applicable exposure limit. Field
strengths must be squared if necessary
to be proportional to SAR or power
density.
(iii) Renewal applicants whose RF
sources would cause non-compliance
with the limits specified in § 1.1310 at
an accessible area previously in
compliance must submit an EA if
emissions from the applicant’s RF
source would produce, at the area in
question, levels that exceed 5% of the
applicable exposure limit. Field
strengths must be squared if necessary
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to be proportional to SAR or power
density.
*
*
*
*
*
■ 3. Section 1.1310 is revised to read as
follows:
§ 1.1310 Radiofrequency radiation
exposure limits.
(a) Specific absorption rate (SAR)
shall be used to evaluate the
environmental impact of human
exposure to radiofrequency (RF)
radiation as specified in § 1.1307(b) of
this part within the frequency range of
100 kHz to 6 GHz (inclusive).
(b) The SAR limits for occupational/
controlled exposure are 0.4 W/kg, as
averaged over the whole body, and a
peak spatial-average SAR of 8 W/kg,
averaged over any 1 gram of tissue
(defined as a tissue volume in the shape
of a cube). Exceptions are the parts of
the human body treated as extremities,
such as hands, wrists, feet, ankles, and
pinnae, where the peak spatial-average
SAR limit for occupational/controlled
exposure is 20 W/kg, averaged over any
10 grams of tissue (defined as a tissue
volume in the shape of a cube).
Exposure may be averaged over a time
period not to exceed 6 minutes to
determine compliance with
occupational/controlled SAR limits.
(c) The SAR limits for general
population/uncontrolled exposure are
0.08 W/kg, as averaged over the whole
body, and a peak spatial-average SAR of
1.6 W/kg, averaged over any 1 gram of
tissue (defined as a tissue volume in the
shape of a cube). Exceptions are the
parts of the human body treated as
extremities, such as hands, wrists, feet,
ankles, and pinnae, where the peak
spatial-average SAR limit is 4 W/kg,
averaged over any 10 grams of tissue
(defined as a tissue volume in the shape
of a cube). Exposure may be averaged
over a time period not to exceed 30
minutes to determine compliance with
general population/uncontrolled SAR
limits.
(d)(1) Evaluation with respect to the
SAR limits in this section must
demonstrate compliance with both the
whole-body and peak spatial-average
limits using technically supported
measurement or computational methods
and exposure conditions in advance of
authorization (licensing or equipment
certification) and in a manner that
facilitates independent assessment and,
if appropriate, enforcement. Numerical
computation of SAR must be supported
by adequate documentation showing
that the numerical method as
implemented in the computational
software has been fully validated; in
addition, the equipment under test and
exposure conditions must be modeled
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18145
according to protocols established by
FCC-accepted numerical computation
standards or available FCC procedures
for the specific computational method.
(2) For operations within the
frequency range of 300 kHz and 6 GHz
(inclusive), the limits for maximum
permissible exposure (MPE), derived
from whole-body SAR limits and listed
in Table 1 in paragraph (e)(1) of this
section, may be used instead of wholebody SAR limits as set forth in
paragraphs (a) through (c) of this section
to evaluate the environmental impact of
human exposure to RF radiation as
specified in § 1.1307(b) of this part,
except for portable devices as defined in
§ 2.1093 of this chapter as these
evaluations shall be performed
according to the SAR provisions in
§ 2.1093.
(3) At operating frequencies above 6
GHz, the MPE limits listed in Table 1 in
paragraph (e)(1) of this section shall be
used in all cases to evaluate the
environmental impact of human
exposure to RF radiation as specified in
§ 1.1307(b) of this part.
(4) Both the MPE limits listed in Table
1 in paragraph (e)(1) of this section and
the SAR limits as set forth in paragraphs
(a) through (c) of this section are for
continuous exposure, that is, for
indefinite time periods. Exposure levels
higher than the limits are permitted for
shorter exposure times, as long as the
average exposure over a period not more
than the specified averaging time in
Table 1 in paragraph (e)(1) is less than
(or equal to) the exposure limits.
Detailed information on our policies
regarding procedures for evaluating
compliance with all of these exposure
limits can be found in the most recent
edition of FCC’s OET Bulletin 65,
‘‘Evaluating Compliance with FCC
Guidelines for Human Exposure to
Radiofrequency Electromagnetic
Fields,’’ and its supplements, all
available at the FCC’s internet website:
https://www.fcc.gov/general/oetbulletins-line, and in the Office of
Engineering and Technology (OET)
Laboratory Division Knowledge
Database (KDB) (https://www.fcc.gov/
kdb).
Note to paragraphs (a) through (d): SAR is
a measure of the rate of energy absorption
due to exposure to RF electromagnetic
energy. These SAR limits to be used for
evaluation are based generally on criteria
published by the American National
Standards Institute (ANSI) for localized SAR
in Section 4.2 of ‘‘IEEE Standard for Safety
Levels with Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3
kHz to 300 GHz,’’ ANSI/IEEE Std C95.1–
1992, copyright 1992 by the Institute of
Electrical and Electronics Engineers, Inc.,
New York, New York 10017. These criteria
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for SAR evaluation are similar to those
recommended by the National Council on
Radiation Protection and Measurements
(NCRP) in ‘‘Biological Effects and Exposure
Criteria for Radiofrequency Electromagnetic
Fields,’’ NCRP Report No. 86, Section 17.4.5,
copyright 1986 by NCRP, Bethesda, Maryland
20814. Limits for whole body SAR and peak
spatial-average SAR are based on
recommendations made in both of these
documents. The MPE limits in Table 1 are
based generally on criteria published by the
NCRP in ‘‘Biological Effects and Exposure
Criteria for Radiofrequency Electromagnetic
Fields,’’ NCRP Report No. 86, Sections
17.4.1, 17.4.1.1, 17.4.2 and 17.4.3, copyright
1986 by NCRP, Bethesda, Maryland 20814. In
the frequency range from 100 MHz to 1500
MHz, these MPE exposure limits for field
strength and power density are also generally
based on criteria recommended by the ANSI
in Section 4.1 of ‘‘IEEE Standard for Safety
Levels with Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3
kHz to 300 GHz,’’ ANSI/IEEE Std C95.1–
1992, copyright 1992 by the Institute of
Electrical and Electronics Engineers, Inc.,
New York, New York 10017.
(e)(1) Table 1 to § 1.1310(e)(1) sets
forth limits for Maximum Permissible
Exposure (MPE) to radiofrequency
electromagnetic fields.
TABLE 1 TO § 1.1310(E)(1)—LIMITS FOR MAXIMUM PERMISSIBLE EXPOSURE (MPE)
Frequency
range
(MHz)
Electric field strength
(V/m)
Magnetic field strength
(A/m)
Power density
(mW/cm2)
Averaging
time
(minutes)
(i) Limits for Occupational/Controlled Exposure
0.3–3.0 ...........
3.0–30 ............
30–300 ...........
300–1,500 ......
1,500–100,000
614 .................................................
1842/f .............................................
61.4 ................................................
........................................................
........................................................
1.63 ................................................
4.89/f ..............................................
0.163 ..............................................
........................................................
........................................................
*(100) .............................................
*(900/f2) ..........................................
1.0 ..................................................
f/300 ...............................................
5 .....................................................
≤6
<6
<6
<6
<6
(ii) Limits for General Population/Uncontrolled Exposure
0.3–1.34 .........
1.34–30 ..........
30–300 ...........
300–1,500 ......
1,500–100,000
614 .................................................
824/f ...............................................
27.5 ................................................
........................................................
........................................................
1.63 ................................................
2.19/f ..............................................
0.073 ..............................................
........................................................
........................................................
*(100) .............................................
*(180/f2) ..........................................
0.2 ..................................................
f/1500 .............................................
1.0 ..................................................
<30
<30
<30
<30
<30
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f = frequency in MHz. * = Plane-wave equivalent power density.
(2) Occupational/controlled exposure
limits apply in situations in which
persons are exposed as a consequence of
their employment provided those
persons are fully aware of the potential
for exposure and can exercise control
over their exposure. The phrase fully
aware in the context of applying these
exposure limits means that an exposed
person has received written and/or
verbal information fully explaining the
potential for RF exposure resulting from
his or her employment. With the
exception of transient persons, this
phrase also means that an exposed
person has received appropriate training
regarding work practices relating to
controlling or mitigating his or her
exposure. In situations when an
untrained person is transient through a
location where occupational/controlled
limits apply, he or she must be made
aware of the potential for exposure and
be supervised by trained personnel
pursuant to § 1.1307(b)(2) of this part
where use of time averaging is required
to ensure compliance with the general
population exposure limit. The phrase
exercise control means that an exposed
person is allowed and also knows how
to reduce or avoid exposure by
administrative or engineering work
practices, such as use of personal
protective equipment or time averaging
of exposure.
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(3) General population/uncontrolled
exposure limits apply in situations in
which the general public may be
exposed, or in which persons who are
exposed as a consequence of their
employment may not be fully aware of
the potential for exposure or cannot
exercise control over their exposure. For
example, RF sources intended for
consumer use shall be subject to the
limits for general population/
uncontrolled exposure in this section.
§ 1.4000
[Amended]
4. Section 1.4000 is amended by
removing and reserving paragraph (c).
■
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
5. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
6. Section 2.1033 is amended by
adding paragraph (f) to read as follows:
■
§ 2.1033
Application for certification.
*
*
*
*
*
(f) Radio frequency devices operating
under the provisions of this part are
subject to the radio frequency radiation
exposure requirements specified in
§§ 1.1307(b), 1.1310, 2.1091, and 2.1093
of this chapter, as appropriate.
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Applications for equipment
authorization of RF sources under this
section must contain a statement
confirming compliance with these
requirements. Technical information
showing the basis for this statement
must be submitted to the Commission
upon request.
■ 7. Section 2.1091 is amended by
revising paragraphs (b) and (c),
removing paragraph (d) introductory
text, and revising paragraphs (d)(1) and
(2) to read as follows:
§ 2.1091 Radiofrequency radiation
exposure evaluation: mobile devices.
*
*
*
*
*
(b) For purposes of this section, the
definitions in § 1.1307(b)(2) of this
chapter shall apply. A mobile device is
defined as a transmitting device
designed to be used in other than fixed
locations and to generally be used in
such a way that a separation distance of
at least 20 centimeters is normally
maintained between the RF source’s
radiating structure(s) and the body of
the user or nearby persons. In this
context, the term ‘‘fixed location’’
means that the device is physically
secured at one location and is not able
to be easily moved to another location
while transmitting. Transmitting
devices designed to be used by
consumers or workers that can be easily
re-located, such as wireless devices
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associated with a personal desktop
computer, are considered to be mobile
devices if they meet the 20-centimeter
separation requirement.
(c)(1) Evaluation of compliance with
the exposure limits in § 1.1310 of this
chapter, and preparation of an EA if the
limits are exceeded, is necessary for
mobile devices with single RF sources
having either more than an available
maximum time-averaged power of 1
mW or more than the ERP listed in
Table 1 to § 1.1307(b)(3)(i)(C),
whichever is greater. For mobile devices
not exempt by § 1.1307(b)(3)(i)(C) at
distances from 20 centimeters to 40
centimeters and frequencies from 0.3
GHz to 6 GHz, evaluation of compliance
with the exposure limits in § 1.1310 of
this chapter is necessary if the ERP of
the device is greater than ERP20cm in the
formula below. If the ERP of a single RF
source at distances from 20 centimeters
to 40 centimeters and frequencies from
0.3 GHz to 6 GHz is not easily obtained,
then the available maximum timeaveraged power may be used (i.e.,
without consideration of ERP) in
comparison with the following formula
only if the physical dimensions of the
radiating structure(s) do not exceed the
electrical length of l/4 or if the antenna
gain is less than that of a half-wave
dipole (1.64 linear value).
(2) For multiple mobile or portable RF
sources within a device operating in the
same time averaging period, routine
environmental evaluation is required if
the formula in § 1.1307(b)(3)(ii)(B) of
this chapter is applied to determine the
exemption ratio and the result is greater
than 1.
(3) Unless otherwise specified in this
chapter, any other single mobile or
multiple mobile and portable RF
source(s) associated with a device is
exempt from routine environmental
evaluation for RF exposure prior to
equipment authorization or use, except
as specified in § 1.1307(c) and (d) of this
chapter.
(d)(1) Applications for equipment
authorization of mobile RF sources
subject to routine environmental
evaluation must contain a statement
confirming compliance with the limits
specified in § 1.1310 of this chapter as
part of their application. Technical
information showing the basis for this
statement must be submitted to the
Commission upon request. In general,
maximum time-averaged power levels
must be used for evaluation. All
unlicensed personal communications
service (PCS) devices and unlicensed
NII devices shall be subject to the limits
for general population/uncontrolled
exposure.
(2)(i) For purposes of analyzing
mobile transmitting devices under the
occupational/controlled criteria
specified in § 1.1310 of this chapter,
time averaging provisions of the limits
may be used in conjunction with the
maximum duty factor to determine
maximum time-averaged exposure
levels under normal operating
conditions.
(ii) Such time averaging provisions
based on maximum duty factor may not
be used in determining exposure levels
for devices intended for use by
consumers in general population/
uncontrolled environments as defined
in § 1.1310 of this chapter. However,
‘‘source-based’’ time averaging based on
an inherent property of the RF source is
allowed over a time period not to
exceed 30 minutes. An example of this
is the determination of exposure from a
device that uses digital technology such
as a time-division multiple-access
(TDMA) scheme for transmission of a
signal.
*
*
*
*
*
■ 8. Section 2.1093 is amended by
revising paragraphs (b) through (d) to
read as follows:
§ 2.1093 Radiofrequency radiation
exposure evaluation: portable devices.
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*
*
*
*
*
(b) For purposes of this section, the
definitions in § 1.1307(b)(2) of this
chapter shall apply. A portable device is
defined as a transmitting device
designed to be used in other than fixed
locations and to generally be used in
such a way that the RF source’s
radiating structure(s) is/are within 20
centimeters of the body of the user.
(c)(1) Evaluation of compliance with
the exposure limits in § 1.1310 of this
chapter, and preparation of an EA if the
limits are exceeded, is necessary for
portable devices having single RF
sources with more than an available
maximum time-averaged power of 1
mW, more than the ERP listed in Table
1 to § 1.1307(b)(3)(i)(C), or more than
the Pth in the following formula,
whichever is greater. The following
formula shall only be used in
conjunction with portable devices not
exempt by § 1.1307(b)(3)(i)(C) at
distances from 0.5 centimeters to 20
centimeters and frequencies from 0.3
GHz to 6 GHz.
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d = the minimum separation distance (cm) in
any direction from any part of the device
antenna(s) or radiating structure(s) to the
body of the device user.
(2) For multiple mobile or portable RF
sources within a device operating in the
same time averaging period, evaluation
is required if the formula in
§ 1.1307(b)(3)(ii)(B) of this chapter is
applied to determine the exemption
ratio and the result is greater than 1.
(3) Unless otherwise specified in this
chapter, any other single portable or
multiple mobile and portable RF
source(s) associated with a device is
exempt from routine environmental
evaluation for RF exposure prior to
equipment authorization or use, except
as specified in § 1.1307(c) and (d) of this
chapter.
(d)(1) Applications for equipment
authorization of portable RF sources
subject to routine environmental
evaluation must contain a statement
confirming compliance with the limits
specified in § 1.1310 of this chapter as
part of their application. Technical
information showing the basis for this
statement must be submitted to the
Commission upon request. The SAR
limits specified in § 1.1310(a) through
(c) of this chapter shall be used for
evaluation of portable devices
transmitting in the frequency range from
100 kHz to 6 GHz. Portable devices that
transmit at frequencies above 6 GHz
shall be evaluated in terms of the MPE
limits specified in Table 1 to
§ 1.1310(e)(1) of this chapter. A
minimum separation distance
applicable to the operating
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configurations and exposure conditions
of the device shall be used for the
evaluation. In general, maximum timeaveraged power levels must be used for
evaluation. All unlicensed personal
communications service (PCS) devices
and unlicensed NII devices shall be
subject to the limits for general
population/uncontrolled exposure.
(2) Evaluation of compliance with the
SAR limits can be demonstrated by
either laboratory measurement
techniques or by computational
modeling. The latter must be supported
by adequate documentation showing
that the numerical method as
implemented in the computational
software has been fully validated; in
addition, the equipment under test and
exposure conditions must be modeled
according to protocols established by
FCC-accepted numerical computation
standards or available FCC procedures
for the specific computational method.
Guidance regarding SAR measurement
techniques can be found in the Office of
Engineering and Technology (OET)
Laboratory Division Knowledge
Database (KDB). The staff guidance
provided in the KDB does not
necessarily represent the only
acceptable methods for measuring RF
exposure or RF emissions, and is not
binding on the Commission or any
interested party.
(3) For purposes of analyzing portable
RF sources under the occupational/
controlled SAR criteria specified in
§ 1.1310 of this chapter, time averaging
provisions of the limits may be used in
conjunction with the maximum duty
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factor to determine maximum timeaveraged exposure levels under normal
operating conditions.
(4) The time averaging provisions for
occupational/controlled SAR criteria,
based on maximum duty factor, may not
be used in determining typical exposure
levels for portable devices intended for
use by consumers, such as cellular
telephones, that are considered to
operate in general population/
uncontrolled environments as defined
in § 1.1310 of this chapter. However,
‘‘source-based’’ time averaging based on
an inherent property of the RF source is
allowed over a time period not to
exceed 30 minutes. An example of this
would be the determination of exposure
from a device that uses digital
technology such as a time-division
multiple-access (TDMA) scheme for
transmission of a signal.
(5) Visual advisories (such as labeling,
embossing, or on an equivalent
electronic display) on portable devices
designed only for occupational use can
be used as part of an applicant’s
evidence of the device user’s awareness
of occupational/controlled exposure
limits. Such visual advisories shall be
legible and clearly visible to the user
from the exterior of the device. Visual
advisories must indicate that the device
is for occupational use only, refer the
user to specific information on RF
exposure, such as that provided in a
user manual and note that the advisory
and its information is required for FCC
RF exposure compliance. Such
instructional material must provide
users with information on how to use
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the device and to ensure users are fully
aware of and able to exercise control
over their exposure to satisfy
compliance with the occupational/
controlled exposure limits. A sample of
the visual advisory, illustrating its
location on the device, and any
instructional material intended to
accompany the device when marketed,
shall be filed with the Commission
along with the application for
equipment authorization. Details of any
special training requirements pertinent
to mitigating and limiting RF exposure
should also be submitted. Holders of
grants for portable devices to be used in
occupational settings are encouraged,
but not required, to coordinate with
end-user organizations to ensure
appropriate RF safety training.
(6) General population/uncontrolled
exposure limits defined in § 1.1310 of
this chapter apply to portable devices
intended for use by consumers or
persons who are exposed as a
consequence of their employment and
may not be fully aware of the potential
for exposure or cannot exercise control
over their exposure. No communication
with the consumer including either
visual advisories or manual instructions
will be considered sufficient to allow
consumer portable devices to be
evaluated subject to limits for
occupational/controlled exposure
specified in § 1.1310 of this chapter.
PART 15—RADIO FREQUENCY
DEVICES
9. The authority citation for part 15
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 304,
307, 336, 544a, 549.
10. Section 15.212 is amended by
revising paragraph (a)(1)(viii) to read as
follows:
■
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§ 15.212
Modular transmitters.
(a) * * *
(1) * * *
(viii) Radio frequency devices
operating under the provisions of this
part are subject to the radio frequency
radiation exposure requirements
specified in §§ 1.1307(b), 1.1310,
2.1091, and 2.1093 of this chapter, as
appropriate. Applications for equipment
authorization of modular transmitters
under this section must contain a
statement confirming compliance with
these requirements. The modular
transmitter must comply with any
applicable RF exposure requirements in
its final configuration. Technical
information showing the basis for this
statement must be submitted to the
Commission upon request.
*
*
*
*
*
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11. Section 15.247 is amended by
designating the note following
paragraph (h) as ‘‘note to paragraph (h)’’
and by revising paragraph (i).
The revision reads as follows:
■
§ 15.247 Operation within the bands 902–
928 MHz, 2400–2483.5 MHz, and 5725–5850
MHz.
*
*
*
*
*
(i) Radio frequency devices operating
under the provisions of this part are
subject to the radio frequency radiation
exposure requirements specified in
§§ 1.1307(b), 1.1310, 2.1091, and 2.1093
of this chapter, as appropriate.
Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
■ 12. Section 15.255 is amended by
revising paragraph (g) to read as follows:
§ 15.255
GHz.
Operation within the band 57–71
*
*
*
*
*
(g) Radio frequency devices operating
under the provisions of this part are
subject to the radio frequency radiation
exposure requirements specified in
§§ 1.1307(b), 1.1310, 2.1091, and 2.1093
of this chapter, as appropriate.
Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
*
*
*
*
*
■ 13. Section 15.257 is amended by
revising paragraph (g) to read as follows:
§ 15.257
GHz.
Operation within the band 92–95
*
*
*
*
*
(g) Radio frequency devices operating
under the provisions of this part are
subject to the radio frequency radiation
exposure requirements specified in
§§ 1.1307(b), 1.1310, 2.1091, and 2.1093
of this chapter, as appropriate.
Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
*
*
*
*
*
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18149
14. Section 15.319 is amended by
revising paragraph (i) to read as follows:
■
§ 15.319
General technical requirements.
*
*
*
*
*
(i) Radio frequency devices operating
under the provisions of this part are
subject to the radio frequency radiation
exposure requirements specified in
§§ 1.1307(b), 1.1310, 2.1091, and 2.1093
of this chapter, as appropriate. All
equipment shall be considered to
operate in a ‘‘general population/
uncontrolled’’ environment.
Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
15. Section 15.407 is amended by
revising paragraph (f) to read as follows:
■
§ 15.407
General technical requirements.
*
*
*
*
*
(f) Radio frequency devices operating
under the provisions of this part are
subject to the radio frequency radiation
exposure requirements specified in
§§ 1.1307(b), 1.1310, 2.1091, and 2.1093
of this chapter, as appropriate. All
equipment shall be considered to
operate in a ‘‘general population/
uncontrolled’’ environment.
Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
*
*
*
*
*
16. Section 15.709 is amended by
revising paragraph (h) to read as
follows:
■
§ 15.709
General technical requirements.
*
*
*
*
*
(h) Compliance with radio frequency
exposure requirements. White space
devices shall ensure compliance with
the Commission’s radio frequency
exposure requirements in §§ 1.1307(b),
2.1091 and 2.1093 of this chapter, as
appropriate. Applications for equipment
authorization of RF sources under this
section must contain a statement
confirming compliance with these
requirements. Technical information
showing the basis for this statement
must be submitted to the Commission
upon request.
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basis for this statement must be
submitted to the Commission upon
request.
PART 18—INDUSTRIAL, SCIENTIFIC
AND MEDICAL EQUIPMENT
17. The authority citation for part 18
continues to read as follows:
■
PART 25—SATELLITE
COMMUNICATIONS
Authority: 4, 301, 302, 303, 304, 307.
■
18. Section 18.313 is added to read as
follows:
■
§ 18.313 Radio frequency exposure
requirements.
Authority: 47 U.S.C. 154, 301, 302, 303,
307, 309, 310, 319, 332, 605, and 721, unless
otherwise noted.
Radio frequency devices operating
under the provisions of this part are
subject to the radio frequency radiation
exposure requirements specified in
§§ 1.1307(b), 1.1310, 2.1091, and 2.1093
of this chapter, as appropriate.
PART 22—PUBLIC MOBILE SERVICES
19. The authority citation for part 22
continues to read as follows:
■
Authority: 47 U.S.C. 154, 222, 303, 309,
and 332.
20. Section 22.379 is added to read as
follows:
■
§ 22.379
RF exposure.
Licensees and manufacturers shall
ensure compliance with the
Commission’s radio frequency exposure
requirements in §§ 1.1307(b), 2.1091,
and 2.1093 of this chapter, as
appropriate. Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
PART 24—PERSONAL
COMMUNICATIONS SERVICES
21. The authority citation for part 24
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302, 303,
309 and 332.
§ 24.51
[Amended]
22. Section 24.51 is amended by
removing paragraph (c).
■ 23. Section 24.52 is revised to read as
follows:
■
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§ 24.52
RF exposure.
Licensees and manufacturers shall
ensure compliance with the
Commission’s radio frequency exposure
requirements in §§ 1.1307(b), 2.1091,
and 2.1093 of this chapter, as
appropriate. Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
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21:35 Mar 31, 2020
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24. The authority citation for part 25
continues to read as follows:
25. Section 25.115 is amended by
adding reserved paragraph (o) and
adding paragraph (p) to read as follows:
■
§ 25.115 Application for earth station
authorizations.
*
*
*
*
*
(p) The licensee and grantees shall
ensure compliance with the
Commission’s radio frequency exposure
requirements in §§ 1.1307(b), 2.1091,
and 2.1093 of this chapter, as
appropriate. An Environmental
Assessment may be required if RF
radiation from the proposed facilities
would, in combination with radiation
from other sources, cause RF power
density or field strength in an accessible
area to exceed the applicable limits
specified in § 1.1310 of this chapter. See
§ 1.1307(b)(5)(ii).
■ 26. Section 25.117 is amended by
revising paragraph (g) to read as follows:
§ 25.117
Modification of station license.
*
*
*
*
*
(g) The licensee and grantees shall
ensure compliance with the
Commission’s radio frequency exposure
requirements in §§ 1.1307(b), 2.1091,
and 2.1093 of this chapter, as
appropriate. An Environmental
Assessment may be required if RF
radiation from the proposed facilities
would, in combination with radiation
from other sources, cause RF power
density or field strength in an accessible
area to exceed the applicable limits
specified in § 1.1310 of this chapter. See
§ 1.1307(b)(5)(iii).
*
*
*
*
*
■ 27. Section 25.129 is amended by
revising paragraph (c) to read as follows:
§ 25.129 Equipment authorization for
portable earth-station transceivers.
*
*
*
*
*
(c) In addition to the information
required by § 2.1033(c) of this chapter,
applicants for certification required by
this section shall submit any additional
equipment test data necessary to
demonstrate compliance with pertinent
standards for transmitter performance
prescribed in §§ 25.138, 25.202(f),
25.204, 25.209, and 25.216, must
demonstrate compliance with the
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
labeling requirement in § 25.285(b), and
shall ensure compliance with the
Commission’s radio frequency exposure
requirements in §§ 1.1307(b), 2.1091,
and 2.1093 of this chapter, as
appropriate. An Environmental
Assessment may be required if RF
radiation from the proposed facilities
would, in combination with radiation
from other sources, cause RF power
density or field strength in an accessible
area to exceed the applicable limits
specified in § 1.1310 of this chapter.
Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
*
*
*
*
*
■ 28. Section 25.149 is amended by
revising paragraph (c)(3) to read as
follows:
§ 25.149 Application requirements for
ancillary terrestrial components in MobileSatellite Service networks operating in the
1.5/1.6 GHz and 1.6/2.4 GHz Mobile-Satellite
Service.
*
*
*
*
*
(c) * * *
(3) Licensees and manufacturers shall
ensure compliance with the
Commission’s radio frequency exposure
requirements in §§ 1.1307(b), 2.1091,
and 2.1093 of this chapter, as
appropriate. An Environmental
Assessment may be required if RF
radiation from the proposed facilities
would, in combination with radiation
from other sources, cause RF power
density or field strength in an accessible
area to exceed the applicable limits
specified in § 1.1310 of this chapter.
Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
*
*
*
*
*
■ 29. Section 25.271 is amended by
revising paragraph (g) to read as follows:
§ 25.271
Control of transmitting stations.
*
*
*
*
*
(g) All applicants shall ensure
compliance with the Commission’s
radio frequency exposure requirements
in §§ 1.1307(b), 2.1091, and 2.1093 of
this chapter, as appropriate. Applicants
with terminals that will exceed the
guidelines in § 1.1310 of this chapter for
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01APR1
Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Rules and Regulations
radio frequency radiation exposure shall
provide a plan for mitigation of
radiation exposure to the extent
required to meet those guidelines.
Licensees of transmitting earth stations
are prohibited from using remote earth
stations in their networks that are not
designed to stop transmission when
synchronization to signals from the
target satellite fails.
PART 27—MISCELLANEOUS
WIRELESS COMMUNICATIONS
SERVICES
30. The authority citation for part 27
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302a, 303,
307, 309, 332, 336, 337, 1403, 1404, 1451,
and 1452, unless otherwise noted.
31. Section 27.52 is revised to read as
follows:
■
§ 27.52
35. Section 90.223 is added to subpart
I to read as follows:
■
§ 90.223
Licensees and manufacturers shall
ensure compliance with the
Commission’s radio frequency exposure
requirements in §§ 1.1307(b), 2.1091,
and 2.1093 of this chapter, as
appropriate. Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
§ 90.1217
■
[Removed]
36. Section 90.1217 is removed.
PART 73—RADIO BROADCAST
SERVICES
32. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
33. Section 73.404 is amended by
revising paragraph (e)(10) to read as
follows:
*
*
*
*
*
(e) * * *
(10) Licensees and permittees shall
ensure compliance with the
Commission’s radio frequency exposure
requirements in § 1.1307(b) of this
chapter. An Environmental Assessment
may be required if RF radiation from the
proposed facilities would, in
combination with radiation from other
sources, cause RF power density or field
strength in an accessible area to exceed
the applicable limits specified in
§ 1.1310 of this chapter.
■
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
34. The authority citation for part 90
continues to read as follows:
■
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16:27 Mar 31, 2020
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PART 95—PERSONAL RADIO
SERVICES
37. The authority citation for part 95
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 307.
38. Section 95.2385 is revised to read
as follows:
■
§ 95.2385
WMTS RF exposure evaluation.
Mobile and portable devices as
defined in §§ 2.1091(b) and 2.1093(b) of
this chapter operating in the WMTS are
subject to radio frequency radiation
exposure requirements as specified in
§§ 1.1307(b), 2.1091, and 2.1093 of this
chapter, as appropriate. Applications for
equipment authorization of WMTS
devices must contain a statement
confirming compliance with these
requirements. Technical information
showing the basis for this statement
must be submitted to the Commission
upon request.
■ 39. Section 95.2585 is revised to read
as follows:
§ 95.2585 MedRadio RF exposure
evaluation.
A MedRadio medical implant device
or medical body-worn transmitter is
subject to the radiofrequency radiation
exposure requirements specified in
§§ 1.1307(b) and 2.1093 of this chapter,
as appropriate. Applications for
equipment authorization of devices
operating under this section must
demonstrate compliance with these
requirements using either
computational modeling or laboratory
measurement techniques. Where a
showing is based on computational
modeling, the Commission retains the
discretion to request that supporting
documentation and/or specific
PO 00000
absorption rate (SAR) measurement data
be submitted, as described in
§ 2.1093(d)(1) of this chapter.
PART 97—AMATEUR RADIO SERVICE
RF exposure.
RF exposure.
Licensees and manufacturers shall
ensure compliance with the
Commission’s radio frequency exposure
requirements in §§ 1.1307(b), 2.1091,
and 2.1093 of this chapter, as
appropriate. Applications for equipment
authorization of mobile or portable
devices operating under this section
must contain a statement confirming
compliance with these requirements.
Technical information showing the
basis for this statement must be
submitted to the Commission upon
request.
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Authority: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7), 1401–1473.
18151
Frm 00047
Fmt 4700
Sfmt 9990
40. The authority citation for part 97
continues to read as follows:
■
Authority: 47 U.S.C. 151–155, 301–609,
unless otherwise noted.
41. Section 97.13 is amended by
revising paragraph (c)(1) to read as
follows:
■
§ 97.13
Restrictions on station location.
*
*
*
*
*
(c) * * *
(1) The licensee shall ensure
compliance with the Commission’s
radio frequency exposure requirements
in §§ 1.1307(b), 2.1091, and 2.1093 of
this chapter, where applicable. In lieu of
evaluation with the general population/
uncontrolled exposure limits, amateur
licensees may evaluate their operation
with respect to members of his or her
immediate household using the
occupational/controlled exposure limits
in § 1.1310, provided appropriate
training and information has been
accessed by the amateur licensee and
members of his/her household. RF
exposure of other nearby persons who
are not members of the amateur
licensee’s household must be evaluated
with respect to the general population/
uncontrolled exposure limits.
Appropriate methodologies and
guidance for evaluating amateur radio
service operation is described in the
Office of Engineering and Technology
(OET) Bulletin 65, Supplement B.
*
*
*
*
*
PART 101—FIXED MICROWAVE
SERVICE
42. The authority citation for part 101
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303.
43. Section 101.1425 is revised to read
as follows:
■
§ 101.1425
RF exposure.
MVDDS stations in the 12.2–12.7 GHz
frequency band shall ensure compliance
with the Commission’s radio frequency
exposure requirements in § 1.1307(b) of
this chapter. An Environmental
Assessment may be required if RF
radiation from the proposed facilities
would, in combination with radiation
from other sources, cause RF power
density or field strength in an accessible
area to exceed the applicable limits
specified in § 1.1310 of this chapter.
[FR Doc. 2020–02745 Filed 3–31–20; 8:45 am]
BILLING CODE 6712–01–P
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01APR1
Agencies
[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18131-18151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02745]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 15, 18, 22, 24, 25, 27, 73, 90, 95, 97, and 101
[ET Docket Nos. 03-137 and 13-84, FCC 19-126; FRS 16453]
Human Exposure to Radiofrequency Electromagnetic Fields and
Reassessment of FCC Radiofrequency Exposure Limits and Policies
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its rules related to the two methods that may be
used for determining and achieving compliance with the Commission's
existing limits on human exposure to radiofrequency (RF)
electromagnetic fields: Exemption--consideration of whether a
particular device or deployment is so clearly compliant, based on
criteria in the Commission's rules, that it qualifies as exempt from
the requirement to undertake a more thorough RF exposure analysis--and
evaluation--a more specific examination of an individual
[[Page 18132]]
site or device, which considers factors beyond those utilized for
exemption and may be performed with a variety of computational and/or
measurement methodologies. It also amends the rules related to an
increasingly important part of demonstrating and maintaining RF
exposure compliance: mitigation--the restriction from or limitation of
RF exposure in controlled areas to keep RF exposure within the
Commission's established limits by, for example, using signs or
barriers. The amended rules are intended to provide more efficient,
practical, and consistent RF exposure evaluation procedures and
mitigation measures to help ensure compliance with the existing RF
exposure limits. The amended rules replace the various inconsistent
service-specific criteria for exempting parties from performing an
evaluation to demonstrate compliance with the RF exposure limits with
new, streamlined criteria. The amended rules also allow the use of any
valid computational method to determine potential RF exposure levels,
remove the minimum evaluation distance requirement for frequencies
above 6 GHz, and establish post-evaluation RF exposure mitigation
procedures (e.g., signage), to help ensure that persons are not exposed
to RF emissions in excess of the existing limits. The Commission also
affirms its prior decision to classify the pinna (outer ear) as an
extremity in RF exposure compliance testing, finds no appropriate basis
for and thus declines to propose amendments to existing RF exposure
limits at this time, and terminates the inquiry in which it sought
comment on the Commission's existing guidelines for limiting RF
exposure to humans.
DATES: Effective June 1, 2020.
FOR FURTHER INFORMATION CONTACT: Martin Doczkat, email:
[email protected]; the Commission's RF Safety Program,
[email protected]; or call the Office of Engineering and Technology at
(202) 418-2470.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order, Memorandum Opinion and Order, and Termination of
Notice of Inquiry, ET Docket No. 03-137, ET Docket No. 13-84, FCC 19-
126, adopted November 27, 2019 and released December 4, 2019. The full
text of this document is available for public inspection and copying
during normal business hours in the FCC Reference Center (Room CY-
A257), 445 12th Street SW, Washington, DC 20554, or by downloading the
text from the Commission's website at https://www.fcc.gov/edocs/daily-digest/2019/12/05. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format) by
sending an email to [email protected] or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
Synopsis
I. Introduction
1. On March 27, 2013, the Commission adopted a First Report and
Order (First RF Report and Order), Further Notice of Proposed
Rulemaking (2013 RF Further Notice), and Notice of Inquiry (2013 RF
Inquiry) in this proceeding, 78 FR 33654, June 4, 2013. In the 2019
Second Report and Order, the Commission simplified the regulatory
framework for determining compliance with the Commission's existing RF
exposure limits by providing more efficient, practical, and consistent
RF exposure exemption criteria, evaluation procedures, and mitigation
measures to help ensure compliance with the RF exposure limits. In the
2019 Memorandum Opinion and Order, the Commission affirmed its decision
in the First RF Report and Order to classify in its rules the pinna
(outer ear) as an extremity for RF exposure compliance testing. In the
2019 Termination of Notice of Inquiry, the Commission terminated the
2013 RF Inquiry that sought comment on the efficacy and propriety of
the Commission's existing guidelines and policies for limiting RF
exposure to humans, finding no appropriate basis for and thus declining
to propose amendments to existing limits at this time. The following
are the major actions that the Commission took in the 2019 Second
Report and Order to simplify the Commission's RF exposure evaluation
procedures and mitigation measures and apply them consistently:
Created three broad categories for exemption from the RF
exposure evaluation requirements for all fixed, mobile, and portable RF
sources, based on power, separation distance (minimum distance in any
direction from any part of a radiating structure to any part of the
human body), and frequency, that provide for both single- and multiple-
transmitter cases and treat like sources similarly regardless of the
underlying service; adopted the term ``exemption'' to replace
``exclusion'' for this topic.
Added to Sec. 1.1307(b) of the Commission's rules a set
of technical definitions related to output power, separation distance,
RF exposure scenarios and sources, and categories for specifying RF
safety program actions that reflect potential RF exposure scenarios.
Replaced restrictive and outdated provisions that
specified only a single acceptable numerical approach to RF exposure
evaluation, with provisions allowing the use of any valid computational
method to determine RF exposure levels; allowed parties to make ad hoc
requests for use of other RF exposure evaluation methods whose
reliability and validity can be substantiated.
Removed from Sec. 2.1093(d) of the Commission's rules the
5-cm minimum separation specification for measurements and calculations
used to demonstrate RF exposure compliance for devices that operate
above 6 GHz.
Established more specific post-evaluation RF exposure
mitigation measures that include access control, signage, and training
requirements for transmitter sites where RF exposure limits may be
exceeded to help ensure that persons are not exposed to RF emissions
that exceed the Commission's established RF exposure limits.
II. Discussion
Second Report and Order
2. In the 2019 Second Report and Order, the Commission amended
parts 1, 2, 15, 18, 22, 24, 25, 27, 73, 90, 95, 97, and 101 of its
rules to simplify the procedures for determining compliance with the
Commission's existing RF exposure limits to help ensure consistent
compliance with those limits. These actions are described in greater
detail below.
A. Exemptions From the RF Exposure Evaluation Requirement
3. As proposed in the 2013 RF Further Notice and supported in the
record, the Commission revised the various service-specific criteria
for exemption (formerly termed exclusion) from performing an RF
exposure evaluation, to set forth a single, generally-applicable set of
formulas based on power, separation distance, and frequency of fixed,
mobile, and portable transmitters that are applicable to both single
and multiple sources of RF emissions, and adopted a set of technical
definitions related to output power and separation distance. The
Commission adopted three broad classes of RF exemptions: (1) For
extremely low-power devices that transmit at no more than 1 mW; (2) for
somewhat higher-power devices with transmitting antennas that normally
operate within 0.5 cm to 40 cm of the human body in the frequency range
between 300 MHz and 6 GHz, a formula based primarily on the
[[Page 18133]]
localized specific absorption rate (SAR) limits; and (3) for all other
transmitters, based on a set of formulas for maximum permissible
exposure (MPE) limits. The new exemption criteria apply to all of the
Commission's rules authorizing RF sources. Under the new rules, every
applicant for equipment authorization and every licensee prior to
deployment or commencement of operations may determine whether the
device or transmitter falls under one of the classes of exemptions. If
the device or transmitter falls under one of these classes of
exemption, no additional action is necessary. If not, the applicant or
licensee will have to perform a routine evaluation to determine
compliance with the existing RF exposure limits. The Commission
reasoned that this new process would not impose any significant burdens
on impacted parties since the underlying exposure rules and parties'
obligations under the rules remain the same; the new rules only modify
the process used to demonstrate compliance.
4. In response to comments that the rule changes are unnecessary
and will be burdensome and some parties may lose their service-based
exemptions, the Commission noted that unlike in the past, fixed RF
communications equipment is now located on rooftops that are accessible
to the public and on other structures near ground level that are not
spatially removed from publicly accessible areas at similar heights. To
achieve consistently reliable compliance with the existing RF exposure
limits, the Commission decided that these sorts of installations
warrant an affirmative determination of compliance with the RF exposure
requirements.
1. Exemption Criteria--Single RF Source.
5. A single RF source will be exempt from RF exposure evaluation
under any one of three circumstances: (1) The RF source transmits at no
more than 1 mW time-averaged available (matched conducted) power; (2)
the RF source is normally separated between 0.5 and 40 cm from the
human body, in the frequency range between 300 MHz and 6 GHz, and
transmits at no more than the average power threshold result from the
formula the Commission adopted based on the localized SAR limits; or,
(3) for all other fixed, mobile, and portable transmitters, the RF
source transmits at no more than the average power threshold result
from the set of formulas the Commission adopted based on the MPE limits
at separation distances from any part of the radiating structure of at
least [lambda]/2[pi] (RF signal free-space wavelength divided by 2[pi])
in all service categories.
6. 1-mW Blanket Exemption. For extremely low-power fixed, mobile,
and portable RF sources, the Commission adopted a blanket RF exposure
evaluation exemption for a single transmitter operating with up to 1 mW
of time-averaged available (matched conducted) power, irrespective of
the separation distance from the human body. The 1-mW exemption is
independent of service type and covers the full frequency range from
100 kHz to 100 GHz, but it may not be used in conjunction with other
exemption criteria, or in devices with higher-power transmitters
operating in the same time-averaging period. The 1-mW blanket exemption
applies for any separation distance, including distances of less than
0.5 cm and where there is no separation, e.g., medical implant devices.
7. SAR-Based Exemption. For fixed, mobile, and portable RF sources
near a human body, where the separation distance is normally between
0.5 and 40 cm and may be less than [lambda]/2[pi], the Commission
adopted the new RF exposure evaluation exemption formula shown here for
time-averaged power thresholds (specified in mW) for exemption of
single portable, mobile, and fixed RF sources at 0.3-6 GHz. A source is
exempt if each of the maximum time-averaged available (matched
conducted) power and effective radiated power (ERP) is no more than:
[GRAPHIC] [TIFF OMITTED] TR01AP20.001
8. The formula provides, as a function of separation distance and
frequency, a threshold power below which a single RF source is exempt
from further RF exposure evaluation. It applies to fixed, mobile, and
portable RF sources in any service at a separation distance between 0.5
cm and 40 cm from the body, and is applicable in the frequency range
from 300 MHz through 6 GHz. The SAR-based thresholds are derived based
on the frequency, power, and separation
[[Page 18134]]
distance of the RF source. The formula defines the thresholds in
general for either available maximum time-averaged power or maximum
time-averaged ERP, whichever is greater.
9. If the ERP of a device is not easily determined, such as for a
portable device with a small form factor, available maximum time-
averaged power (i.e., maximum power delivered into a matched antenna,
considering line loss or any other loss that diminishes the power
delivered to an antenna) may be used exclusively if the device antenna
or radiating structure does not exceed an electrical length of
[lambda]/4. A coherent phased array of antenna elements is to be
treated as a single antenna or RF source with separation distance
determined from the nearest antenna element.
10. For devices with antennas of length greater than [lambda]/4
where the gain is not well-defined but always less than that of a half-
wave dipole, the available maximum time-averaged power generated by the
device may be used in place of the maximum time-averaged ERP, in
situations where that ERP value is not known. This would apply, for
instance, to ``leaky'' coaxial distribution systems, RF heating
equipment, and other typically unintentionally radiating or Industrial,
Scientific and Medical (ISM) devices. The SAR-based exemption
threshold, Pth, is defined in terms of maximum time-averaged
power and in accordance with the source-based time-averaging
requirements described in Sec. 2.1093(d)(5) of the rules. Time-
averaged power measurements are necessary to determine if the maximum
output of a transmitting antenna (ERP) or matched conducted transmitter
power is above the proposed threshold for exemption from routine SAR
evaluation. The Commission's Office of Engineering and Technology (OET)
will publish in its Knowledge Database (KDB) the power measurement and
SAR test procedures necessary to demonstrate compliance with the RF
exposure limits.
11. While commenters supported the basic idea of a uniform formula
for an SAR exemption, several commenters disagreed with the proposed
formula, contending it was overly conservative and inconsistent with
the operation of current devices. Instead, parties supported use of the
International Electrotechnical Commission's (IEC's) standard IEC 62479
(2010), which provides alternative recommendations for exemption of
low-power devices based on SAR. For several reasons, the Commission was
not persuaded that the IEC standard was appropriate. Even though the
IEC's standard uses dipoles and flat phantoms as a starting point for
modeling, and is applicable to the same frequency range as the SAR
exemption formula (300 MHz-6 GHz), the Commission determined that the
IEC standard departs significantly regarding the applicable range of
separation distances and use of bandwidth, with an increased complexity
in the resulting formulas. In addition, the IEC model does not directly
incorporate antenna directivity and states that it may not apply to
devices with highly directive antennas. To maintain simplicity, the
Commission limited the exemptions to those based solely on the
relationship of power (both available or matched power and ERP),
separation distance, and frequency, without other inputs--such as
antenna pattern or bandwidth--that would effectively render an
exemption determination as complex as an evaluation. It concluded that
additional complexity in the exemptions from additional inputs would
result in regulations that were of little or no practical utility as a
simple exemption protocol; additional factors could be considered as
needed or appropriate in a more thorough evaluation to demonstrate
compliance. The Commission also declined to extend the SAR-based
exemption formula from 0.5 cm to 0 cm because there is no modeling data
that validates such an extension.
12. MPE-Based Exemption. To support an exemption from further
evaluation for frequencies from 300 kHz through 100 GHz, the Commission
also adopted general frequency and separation-distance dependent MPE-
based ERP thresholds as shown below in Table 2. The values in Table 2
apply to any single RF source (i.e., fixed, mobile, and portable
transmitters) and specify power and separation distance criteria for
each of the five frequency ranges used for the MPE limits.
Table 2--Single RF Sources Subject to Routine Environmental Evaluation
Under MPE-Based Exemptions
------------------------------------------------------------------------
Transmitter frequency (MHz) Threshold ERP (watts)
------------------------------------------------------------------------
0.3-1.34............................. 1,920 R2
1.34-30.............................. 3,450 R2/f2
30-300............................... 3.83 R2
300-1,500............................ 0.0128 R2f
1,500-100,000........................ 19.2 R2
------------------------------------------------------------------------
Note: R is in meters and f is in MHz.
13. An RF source with ERP equal to or less than the Threshold ERP
specified in Table 2 for the source frequency would be considered
exempt from evaluation. In cases where ERP is not well defined, the
available maximum time-averaged power may be used if the device
antenna(s) or radiating structure(s) does not exceed an electrical
length of [lambda]/4. The separation distance R is the smallest
distance from any part of the antenna or radiating structure to all
persons, including those occupationally exposed, during operation at
the applicable ERP. In the case of mobile or portable devices, the
separation distance R is from the outer housing of the device where it
is closest to the antenna. At sites with multiple fixed transmitters,
or multiple mobile or portable transmitters within the same device, the
formulas would be applied in conjunction with the summations discussed
in the section below on RF Exposure Evaluation Exemption Criteria--
Multiple RF Sources.
14. The criteria shown in Table 2 apply at separation distances
from any part of the radiating structure of at least [lambda]/2[pi]; if
R is less than [lambda]/2[pi] and other exemptions do not apply,
evaluation is required. Since [lambda]/2[pi] is greater than 20 cm at
frequencies below 239 MHz, these exemption criteria do not apply to
portable devices that are operated both at less than 20 cm from the
human body and at frequencies below 239 MHz. In general, less
restrictive SAR-based exemption criteria may be used in accordance with
the formulas specified in Table 2, but these SAR-based exemptions are
not valid below 300 MHz. Thus, there are no exemption criteria below
239 MHz for portable devices (or for any antenna at less than 20 cm),
other than the 1 mW blanket exemption.
15. The Commission declined to adopt commenters' suggestions to
adjust the formulas to more readily exempt transmitters mounted on
dedicated, access-controlled wireless support structures in the
frequency range 300 MHz to 3 GHz because simply being building-mounted
does not preclude persons from having access to the area near an
antenna, particularly when mounted low to the ground or in other
accessible locations. The actual distance from potential human presence
should be taken into consideration. The Commission rejected a
commenter's proposal to relax the standard for transmitters located on
structures where access can be more readily controlled since spaces
adjacent to such a structure may be readily accessible, rendering the
transmitter appropriate for an evaluation. It also rejected a
commenter's proposal to add a modified exemption formula that would
apply between 400 MHz and 3 GHz because it found that the formula was
based on
[[Page 18135]]
inappropriate assumptions and could not ensure compliance with the
Commission's RF exposure limits.
16. 1-mW Exemption. For multiple sources inside a single device,
each of which is capable of no more than 1-mW, the Commission adopted a
minimum 2-cm separation distance between antennas that operate in the
same time-averaging period, as proposed in the 2013 RF Further Notice.
In other words, if there are two or more RF sources inside a single
device operating at the same time and the nearest parts of the antenna
structures are separated by less than 2 cm, the 1-mW exemption will not
apply. However, if the sum of multiple sources is less than 1 mW during
the time-averaging period, they may be treated as a single source
(separation is not required), and exempted accordingly. As with the
exemption for a single RF source, this exemption cannot be used in
conjunction with other exemption criteria, and medical implant devices
may use only this 1-mW exemption.
17. Use of Summation Formulas. In situations where RF exposure is
generated from multiple sources at the same time, all such sources are
considered in aggregate to determine compliance with the exposure
limits. The Commission decided that the SAR- and MPE-based exemptions
from RF exposure evaluation may be used along with known existing
exposure levels to exempt multiple RF sources. This is accomplished by
normalizing each source power level to each matching exemption
threshold power and determining whether the total of all the normalized
powers is no more than 1. (Normalization here means dividing an RF
source power level by the corresponding exemption threshold power.) In
addition, if pre-existing exposure levels are known, they may also be
normalized to the exposure limits to determine the remaining margin
available for exemption of additional sources to demonstrate compliance
with the limit. These concepts are applied to the antennas of multiple
transmitters in a single device and to multiple fixed transmitters, as
explained below.
18. Multiple RF Sources with Fixed Physical Relationship. To
address the potential exposure from multiple simultaneously operating
RF sources with a fixed physical relationship, the Commission adopted
the summation formula shown below for all RF sources, regardless of
whether portable, mobile, or fixed, rather than its proposals in the
2013 RF Further Notice, which provided different formulas for portable,
mobile, and fixed transmitters. For sites or devices with multiple
transmitters, the summation formula shown below will determine whether
multiple transmitters using the single transmitter formulas are
collectively exempt from evaluation. This formula includes three
summation terms, the first two of which are summations for the
exemptions, the third is to account for exposure from existing
evaluations, which is described in more detail below.
[GRAPHIC] [TIFF OMITTED] TR01AP20.002
Where:
a equals the number of fixed, mobile, or portable RF sources
claiming exemption using the Table 1 formula for Pth, including
existing exempt transmitters and those being added.
b equals the number of fixed, mobile, or portable RF sources
claiming exemption using the applicable Table 2 formula for
Threshold ERP, including existing exempt transmitters and those
being added.
c equals the number of existing fixed, mobile, or portable RF
sources with known evaluation for the specified minimum distance.
Pi equals the available maximum time-averaged power or the ERP,
whichever is greater, for a fixed, mobile, or portable RF source i
at a distance between 0.5 cm and 40 cm (inclusive).
Pth,i equals the exemption threshold power (Pth) according to the
Table 1 formula for a fixed, mobile, or portable RF source i.
ERPj equals the available maximum time-averaged power or the ERP,
whichever is greater, of a fixed, mobile, or portable RF source j.
ERPth,j equals the exemption threshold ERP for a fixed, mobile, or
portable RF source j, at a distance of at least [lambda]/2[pi],
according to the applicable Table 2 formula at the location in
question.
Evaluatedk equals the maximum reported SAR or MPE of fixed, mobile,
or portable RF source k either in the device or at the transmitter
site from an existing evaluation.
Exposure Limitk equals either the general population/uncontrolled
maximum permissible exposure (MPE) limit or specific absorption rate
(SAR) limit for each fixed, mobile, or portable source, as
applicable.
19. The normalized contributions to the total exemption threshold
can be determined by calculating for each RF source, whether mobile,
portable, or fixed, the ratio of the maximum time-averaged power
(matched conducted power or ERP, as appropriate) for the transmitter,
comparing it to the appropriate frequency- and distance-dependent
threshold, using the formula above for either time-averaged power
thresholds (mW) for exemption of single portable, mobile and fixed RF
sources, or Table 2, and summing those ratios. If the ratios for all
transmitters in a device operating in the same time-averaging period
are included in the total sum and this sum is no more than 1 (i.e., 100
percent), the cumulative contributions do not exceed the permissible
limit and a location at a site or the device (i.e., all transmitters
within the device) are exempt from routine evaluation. The basic
exemption criteria are contained in the P and ERP summation terms,
while the Evaluated/Exposure Limit sum accounts for the preexisting
exposure levels and correspondingly reduces the allowable margin
remaining for exemption at the location of interest (e.g., 20 cm for
mobile RF sources). All transmitters must be considered, and all
transmitters that can operate at the same time must be included in the
summation of multiple transmitters. If a transmitter is subsequently
proposed to be added under the Commission's permissive change
authorization procedures for portable or mobile devices, a new
calculation must be made including the additional transmitter.
20. In response to a commenter's suggestion that the Commission
incorporate further technical definitions in its rules for terms used
in the summation formula beyond those proposed in the 2013 RF Further
Notice, the Commission added definitions of ``available maximum time-
averaged power,'' ``effective radiated power (ERP),'' and ``time-
averaging period'' to its rules. However, because the Commission's
exemptions do not rely on delivered power but available power, it
declined to adopt a definition for ``delivered maximum time-averaged
power.'' The Commission clarified that the delivered maximum time-
averaged power would be the largest net power delivered or supplied to
an antenna, as averaged over a time period not to
[[Page 18136]]
exceed 30 minutes for fixed sources, or as averaged over a time period
inherent from the device transmission characteristics for mobile and
portable sources (also not to exceed 30 minutes).
21. To account for simultaneous transmissions while allowing for
short time-averaging periods for non-overlapping transmissions, the
Commission included short time-averaging periods for non-overlapping
transmissions in its rules. It also clarified that multiple source
summations require time averaging over an averaging period during which
the maximum power is being transmitted, provided that summations (or
measurements) performed using a shorter time-averaging period
correspond to the maximum aggregate time-averaged SAR or power density
of the multiple transmitters being summed (i.e., accounting for maximum
duty cycle, maximum transmitted power, overlapping transmission, etc.).
Also, short time-averaging periods (e.g., over one pulse at maximum
power) may be selected to conservatively determine power and avoid the
need to sum powers from multiple transmitters when transmissions from
the different transmitters do not overlap in time. The values for Pi,
ERPj, and Evaluatedk, where applicable, are determined according to the
source-based time averaging requirements of Sec. Sec. 2.1093(d)(5) and
2.1091(d)(2) of the rules, and the sum of those values conservatively
represents the total calculated exposure. The summation formula may be
used even if some of the three terms do not apply (i.e., where those
terms would be zero). To the extent that overlapping transmissions may
vary among individual products and host configurations, the Commission
noted that applicants may want to consult device-specific procedures
developed by the FCC Laboratory addressing the details of how to
conduct evaluations and determine compliance with the RF exposure
limits.
22. RF Sources without Fixed Physical Relationships. As proposed in
the 2013 RF Further Notice, the Commission decided not to require
applicants to account for multiple RF sources that have no fixed
positional relationship between or among each other when determining
the availability of an exemption, as is typically the case between a
mobile and a broadcast antenna or other fixed source, or between two
mobile sources. There is no practical method to quantitatively
establish exemption for multiple RF sources where there is no definite
positional relationship between sources, such as between multiple
mobile/portable devices or between such devices and fixed transmitters,
and none were recommended by commenters.
23. Although commenters raised concerns about the impact of
cumulative RF exposure, the Commission found that consideration of the
typical spatial separation between RF sources diminishes the practical
relevance of multiple spatially uncorrelated transmitters. Since
exposure from fixed RF sources diminishes rapidly with distance and
signal losses due to non-line-of-sight conditions, the Commission
expects that exposure from portable or mobile devices near a person's
body would generally be overwhelmingly more significant. The exposure
from each portable or mobile device near a person will generally be
highly localized and involve low total power absorption. The Commission
expects that the locations of maximum SAR in the body from these
portable and mobile RF sources are highly unlikely to overlap, and also
that total power absorption will not result in significant contribution
to whole-body average SAR. Thus, for multiple exempt RF sources without
an inherent spatial relationship, regardless of their classification as
fixed, mobile, or portable, the Commission concluded that it is very
highly unlikely the localized or whole-body SAR limits would be
exceeded. The Commission concluded that the summation of potential
exposure due to spatially uncorrelated sources should not be routinely
required and is consistent with all known compliance activities to
date.
B. Environmental Evaluation
24. Where an exemption cannot be invoked, a routine environmental
evaluation--described in the Commission's rules as a ``determination of
compliance''--must be performed for fixed transmission sites where the
exemptions are not met to ensure that the RF exposure limits are not
exceeded in places that are accessible to humans. In most cases, such
an evaluation is simple and generic and does not require a
determination of the precise exposure level, only that it can be
determined from available information that it must be less than the
Commission's limits. In other cases, the evaluation may require more
precision regarding transmitter power and antenna distance from human-
accessible spaces and, potentially, may be the basis for determining
necessary measures to deter humans from entering otherwise accessible
locations (i.e., mitigation).
25. As proposed in the 2013 RF Further Notice and supported in the
record, the Commission removed provisions from its rules that specified
only one acceptable numerical approach to RF exposure evaluation and
instead allowed any valid computational method to be used. The
Commission replaced the restrictive rules with guidance documents, such
as in OET Bulletins and the KDB, which describe acceptable methods for
certain applications. Plus, the Commission decided that parties can
make ad hoc requests for use of other methods whose reliability and
validity they can substantiate to the satisfaction of Commission staff.
Also as proposed, the Commission eliminated a minimum measurement
distance of 5 cm for devices operating above 6 GHz, since that
requirement appears to have been rendered obsolete by technological
developments and is no longer necessary.
26. Consistency of Usage of Any Valid Method for SAR Computation.
As proposed in the 2013 RF Further Notice and supported in the record,
the Commission modified the language in Sec. Sec. 1.1307(b)(2)(iv) and
95.1221 of the rules by removing references to the finite difference
time domain (FDTD) method for SAR computation and allowed any valid
computational method supported by adequate documentation and consistent
results to be used. In response to commenters' suggestion for increased
reliance on field measurements for fixed sites rather than computation
because of concerns that SAR computation would underestimate exposure,
the Commission noted that computational methods for transmitter
facilities tend to be more restrictive than measurements since they use
maximum power and other conservative assumptions. Since such methods
provide a simpler, less burdensome means of demonstrating compliance,
the Commission decided that computational methods will be permitted
where they can be successfully invoked. In response to a commenter's
suggestion that software developers be given guidance about the
requirements for valid computational software, the Commission directed
the Commission's OET to provide guidance on acceptable methods of
computation via the KDB.
27. Removal from Rules of Minimum Evaluation Distance Requirement
for Frequencies Above 6 GHz. To better simulate RF exposure in typical
situations, the Commission also eliminated from Sec. 2.1093(d) of its
rules a minimum measurement distance of 5 cm for measurements and
calculations used to demonstrate RF exposure compliance for devices
operating above
[[Page 18137]]
6 GHz. The Commission emphasized that applicants must provide specific
justification for measurement distances used in compliance testing,
describing the normal and feasible use(s) of the device. Equipment
certification review will specifically include evaluation of the
propriety of this specification, including any measures that may be
taken to ensure that it is maintained.
28. Technical Evaluation References in Rules. As proposed in the
2013 RF Further Notice, the Commission removed the reference to IEEE
Standard C95.3-1991 from Sec. 24.51(c) of its rules as a possible SAR
evaluation reference, instead relying on publications in the KDB for
providing guidance on technical evaluation procedures and standards.
The Commission also determined that the FCC Laboratory's current
process of issuing draft versions of KDB guidance documents, engaging
manufacturers and other affected entities early in the revision
process, and providing flexibility and harmony with existing standards
effectively address the commenters' concerns about the process and
transparency of developing KDB documents. Regarding OET Bulletins 56
and 65, the Commission decided to eliminate Bulletin 56 in deference to
more current material on the same subject on the Commission's website,
and that Commission staff will maintain and update OET Bulletin 65 as a
standalone document available for download.
C. Mitigation Measures To Ensure Compliance With Exposure Limits
29. Transient Exposure. In the 2019 Second Report and Order, the
Commission adopted its proposal to define transient exposure as the
brief RF exposure in a controlled environment that does not exceed the
general population limit, which may be averaged over a time interval up
to 30 minutes (shorter averaging times are generally more conservative
and may be used for convenience during evaluation). The rules the
Commission adopted require, for controlled areas where the general
population limit is exceeded, access controls and appropriate signage
in addition to supervision of transient individuals by trained
occupational specialists. The Commission found no basis for permitting
exposure of any untrained individuals--regardless of whether they are
workers--greater than the general population exposure limit. The
applicability of occupational limits requires that a person be fully
aware (e.g., training has been provided, warning signs detailing the
nature of the hazard have been posted) and able to exercise control
over his or her work-related exposure.
30. Thus, the occupational exposure limits apply only if a person
has been trained and has sufficient information to be fully aware of
nearby RF sources and the necessity and means of avoiding overexposure.
To satisfy the requirement to present written or verbal information to
untrained transient individuals within controlled environments, the
Commission affirmed that written information may include signs, maps,
or diagrams showing where exposure limits are exceeded, and verbal
information may include prerecorded messages.
31. The Commission declined to adopt its proposal that transient
exposure should not exceed the continuous occupational limit, listed in
Sec. 1.1310, at any time, since it agreed with a commenter that such a
limit would result in a more restrictive exposure limit for transient
individuals than for the general public, for which there is no temporal
peak limit. The Commission also agreed with commenters that its current
rules limiting exposure for all populations do not specify a cap at any
peak value above the continuous limits. As long as the average over any
applicable time-averaged period provided in the rules is compliant with
the continuous general population limit, a transient individual walking
in a controlled area may be exposed above the general population limit
in one location and below this limit in another location--how much
above that limit an instantaneous exposure is permitted is not defined
in the rules.
32. Despite a commenter's concern about the use of the term
``general population'' in conjunction with ``controlled,'' the
Commission was not convinced by the concern over how the terminology
should be applied, or that it was potentially introducing a third
exposure category. The Commission noted that there are only two sets of
limits--those which apply to supervised/trained workers (in an
occupational setting) and those which apply to the general population
(which includes unsupervised and untrained workers). The environment in
which these exposures occur defines whether the exposure is in a
controlled or uncontrolled setting. Because the Commission also adopted
requirements for implementing RF safety programs at fixed sites, the
only situation where transient exposure would be relevant would be in a
controlled setting.
33. Despite commenters' arguments that the Commission's
requirements for transient individuals to be supervised regarding RF
exposure areas are unnecessary and burdensome and ultimately would not
be practical or effective, the Commission maintained that the
supervision requirement is reasonable since a new employee would be
made aware of areas where exposure could exceed the limits as part of
his/her supervised orientation. The Commission agreed with commenters
that third-party workers who perform tasks near RF sources should be
trained and not considered transient. It also agreed that transient
provisions are not to be used with any regularity and would not apply
to persons (e.g., tree trimmers, window washers, etc.) expected to be
in locations for extended periods where the general population RF
limits are exceeded, nor to persons who traverse such areas on a
regular basis. All such persons must receive appropriate training.
34. Signage and Access Control. To the extent that required signs
are used to warn workers so they are protected from RF exposure levels
that exceeds the Commission's limits, the Commission decided that the
following information must be included in such signs:
RF energy advisory symbol (e.g., Figure A.3 of IEEE Standard
C95.2-1999)
A description of the RF source (e.g., transmitting antennas)
Behavior necessary to comply with the exposure limits (e.g.,
do not climb tower unless you know that antennas are not energized;
stay behind barrier or off of markings)
Up-to-date contact information (e.g., monitored phone number
or email address connected to someone with authority and capability to
provide prompt response)
35. As proposed in the 2013 RF Further Notice and supported in the
record, the Commission adopted four categories for specifying RF safety
program actions that reflect potential RF exposure scenarios, analogous
to the categories in the Institute of Electrical and Electronics
Engineers (IEEE) Standard C95.7-2014--``IEEE Recommended Practice for
Radio Frequency Safety Programs, 3 kHz to 300 GHz.''
36. Category One applies to locations where the operational
characteristics of RF sources would not cause the exposure limit for
the general population to be exceeded even with continuous or with
source-based time-averaged exposure. Category One signs are optional
and will show a green ``INFORMATION'' heading and may be used to offer
information to the public
[[Page 18138]]
that a transmitting RF source is nearby but that it is compliant with
the Commission's RF exposure limits regardless of duration or usage.
Category One signs could include the following:
An explanation of safety precautions to be observed when
closer to the antenna than the information sign (where applicable)
Reminder to obey all postings and boundaries (if higher
categories are nearby)
Up-to-date contact information (if higher categories are
nearby)
Place to get additional information (such as a website, if
no higher categories are nearby)
37. Category Two signs and positive access controls are required
where the continuous exposure limit would be exceeded for the general
population, but not for occupational personnel. Category Two signs must
have the signal word ``NOTICE'' in blue color. Under certain controlled
conditions, such as on a rooftop with limited access (e.g., a locked
door with appropriate signage or antenna concealment), the Commission
allowed that a sign be attached directly to the antenna. A label
affixed to an antenna will be considered sufficient only if it is
readable from the direction of approach and at least at the separation
distance required for compliance with the general population exposure
limit. Appropriate training is required for any occupational personnel
with access to the controlled area where the general population
exposure limit is exceeded, and transient individuals must be
supervised by occupational personnel with appropriate training upon
entering any of these areas. Use of time averaging would be required
for transient individuals in the area where the continuous general
population exposure limit is exceeded. Though not required, use of
personal RF monitors in the areas where the general population exposure
limit is exceeded is an option likely to ensure compliance.
38. Category Three applies to locations where the exposure limit
for occupational personnel would be exceeded potentially by up to a
factor of ten. Category Three requires signs with the appropriate
signal word ``CAUTION'' in yellow color, and control or indicators
(e.g., chains, railings, contrasting paint, diagrams), in addition to
the positive access control established for Category Two, surrounding
the area in which the exposure limit is exceeded. The Commission
allowed, under certain controlled conditions, that a sign may be
attached directly to the antenna. A label affixed to an antenna will be
considered sufficient only if it is readable from the direction of
approach and at least at the separation distance required for
compliance with the occupational exposure limit. Additionally,
appropriate training is required for any occupational personnel with
access to the controlled area where the general population exposure
limit is exceeded. Use of time averaging is required for transient
individuals to ensure compliance with the general population exposure
limit. Appropriately trained occupational personnel may use RF monitors
or personal protective equipment to ensure compliance with the
occupational limits. If such mitigation procedures or power reduction,
and therefore Category reduction, are not feasible, then the lockout/
tagout procedures specified in 29 CFR 1910.147 must be used.
39. Category Four applies to locations where the exposure limit for
occupational personnel would be exceeded by more than a factor of ten,
or where there is a possibility for serious contact injury, such as a
severe burn, permanent tissue damage, or shock. Where the occupational
limit could be exceeded by a more than factor of ten, ``WARNING'' signs
in orange color are required. ``DANGER'' signs in red color are
required where immediate and serious injury will occur on contact, in
addition to positive access control. For example, ``DANGER'' signs are
required at the base of AM broadcast towers where serious injuries due
to contact burns may occur. If a power reduction would not sufficiently
protect against the relevant exposure limit in the event of human
presence, lockout/tagout procedures must be followed to ensure human
safety. To aid in protecting individuals from potentially serious and
immediate harm, Category Four signs can be useful in indicating the
most hazardous locations, even though Category Three signs already
indicate an area surpassing the occupational exposure limit for
continuous exposure. In Category Four locations, it is infeasible for
any mitigation measures (e.g., time-averaging, personal protective
equipment) other than power reduction to bring exposure levels within
the Commission's occupational limits. See Figure 1 below for a visual
description of these categories.
[[Page 18139]]
[GRAPHIC] [TIFF OMITTED] TR01AP20.003
40. Determination of the appropriate category designation must not
be based on the exemptions from routine RF evaluation, but instead must
be based on a specific site evaluation, consistent with the
Commission's existing recommendations and rules for routine evaluation
of compliance by measurement or computation as specified in OET
Bulletin 65. Such methods as spatial averaging of plane-wave equivalent
power-density, source-based time averaging, and SAR determinations may
be used where appropriate to determine compliance with an applicable
limit or classification of the environment into one of the categories.
In contrast to IEEE's reference to ``action levels,'' the general
population exposure limit for uncontrolled environments is a definite
legal limit enforced by the Commission.
41. Establishment of a controlled environment where this limit is
exceeded (i.e., a Category Two, Three, or Four environment) would
generally require some type of positive access control. These include
locked doors, ladder cages, or effective fences, as well as enforced
prohibition of public access to external surfaces of buildings, or
generally, active preclusion of unauthorized access. It does not
include natural barriers that tend to limit access but may not be
always effective or other access restrictions that do not require any
action on the part of the licensee or property management. Members of
the general public (which can include children and vision-impaired
persons) should not be expected to be aware of or act on posted
exposure conditions only. Barriers and/or markings are required to
complement signs to ensure compliance with the Commission's RF exposure
limits. In response to commenters' concerns about the risk of RF
overexposure to unaware workers and that signs should not be a catchall
compliance measure, the Commission observed that an appropriately
trained worker will be able to interpret the signs to appropriately
control his/her exposure, and emphasized that untrained workers should
not have access to controlled locations without supervision.
42. The Commission required that signs have an up-to-date point of
contact, but declined to require 24/7 monitoring. Instead, it directed
the OET to update OET Bulletin 65 to specify that the contact point be
continuously monitored during normal business hours, but did not
specify a response time. In response to commenters' concerns regarding
sign content and readability and the feasibility of implementing access
controls, the Commission required that signs be legible and readily
viewable and readable (as specified by the Occupational Safety and
Health Administration and the former National Bureau of Standards) from
the boundary (and as necessary, on the approach to this boundary) where
the applicable RF exposure limits are exceeded, and that controls or
indicators be placed at compliance boundaries; it declined to adopt a
site safety plan or a setback of
[[Page 18140]]
1500 feet from all cell towers as required components. The Commission
also concluded that parties responsible for the placement of signs
should consider the potential implications of over-signage (e.g., undue
alarm, confusion, and disregard of meaningful postings) and indicated
that it will consider compliance with these rules on a case-by-case
basis.
43. Training to Ensure Compliance. Because RF safety awareness is
vitally important to ensure that persons are fully aware of the
potential for RF exposure and can exercise control over their exposure,
the Commission directed the OET to consider the topics outlined in
Annex A of ANSI/IEEE C95.7-2005--``IEEE Recommended Practice for Radio
Frequency Safety Programs, 3 kHz to 300 GHz'' as training guidance to
reference in a future revision of OET Bulletin 65. The Commission
emphasized that it does not consider signage at an access door to be
sufficient to achieve the goal of training compliance for those persons
potentially exposed beyond that door. The area beyond the door must
also be appropriately signed, marked, and/or cordoned with barriers.
Lockout/tagout could satisfy a need for power reduction, but are not
appropriate as universal requirements. In the case of training using
verbal information, the Commission clarified that either spoken word or
pre-recorded audio from an authorized individual qualified to provide
instruction on how to remain compliant is acceptable. Training may also
include web-based programs.
44. Responsibility for Mitigation Measures. Despite comments
requesting limitations on a licensee's responsibility for RF exposure
mitigation measures, the Commission declined to adopt safe harbors
(e.g., category-appropriate signage, access controls, indicative or
physical barriers, RF safety training, information about RF exposure
risks in accessible areas, and 24/7 contact information) from actions
and events at a restricted area beyond the licensee's control.
45. In response to comments on the responsibility of new entrants
at multiple transmitter sites, the Commission clarified that while each
nearby licensee shares responsibility for compliance, where it is
demonstrated that a new or modified facility has put a previously-
compliant site out of compliance, the licensee of that new/modified
facility is solely responsible both for any compliance and for any
enforcement action that may occur. At the same time, while the
requirement for new and renewal applicants to evaluate and ensure
compliance at sites is intended as a mechanism to maintain ongoing
compliance, it does not absolve other license holders of responsibility
or place sole responsibility for mitigation on the newcomer to a site
who may discover noncompliance by existing site occupants or may
contribute further to pre-existing noncompliance. The Commission found
that such a general policy would not only discourage cooperation and
site agreements, but also inappropriately absolve the preexisting
licensees of their violations. The Commission expects that
consideration of available evidence on a case-by-case basis during any
appropriate enforcement actions can avoid inappropriate assignment of
liability where noncompliance is found.
46. The Commission rejected a commenter's argument that, in
addition to the Commission's requirements concerning warning signs and
barriers, local authorities should be allowed to require additional
signs and access restriction where they deem appropriate. While section
332(c)(7)(B)(iv) of the Act permits State and local governments, when
making decisions on the ``placement, construction, and modification''
of personal wireless service facilities, to consider whether such
facilities comply with the Commission's regulations concerning RF
emissions, it expressly prohibits them from imposing their own
regulations on such facilities on the basis of the environmental
effects of such emissions.
D. Transition Periods
47. To allow licensees and manufacturers time to complete the
required RF exposure evaluations or determine whether they are exempt
from evaluation, as well as allow an orderly transition for the
Commission's licensing Bureaus and equipment authorization program to
incorporate the new exemption criteria into their equipment
certification policies and procedures, the Commission set a timetable
for conducting the reevaluation, under the new rules, of antenna
locations that were previously exempt from evaluation. As a commenter
requested, the Commission allowed two years from the effective date of
the new rules to complete the evaluations and comply with the more
specific RF exposure mitigation requirements adopted in the 2019 Second
Report and Order, as necessary.
E. Conforming Edits
48. In the 2013 RF Further Notice, the Commission proposed to
reword Sec. Sec. 1.1307(b), 1.1310, 2.1091, and 2.1093 in its rules as
necessary to ensure clarity and consistency. In addition, it proposed
to make changes to specific sections of parts 15, 24, 25, 95, and 97
for consistency and as necessary depending on the substantive changes
in parts 1 and 2. Since the Commission proposed that its general RF
exposure evaluation exemption criteria apply to all rule parts
authorizing RF sources, specific exceptions in rule parts other than
parts 1 and 2 were not necessary. No specific comments were received on
these proposals and the Commission took the following actions:
For applicants for equipment authorizations covered by
parts 15 and 18, in Sec. Sec. 15.212(a)(viii), 15.247(i), 15.255(g),
15.257(g), 15.319(i), 15.407(f), 15.709(h), and 18.313, we substitute
our general exemption criteria for the specific exemption from routine
evaluation;
For applicants and licensees in the Public Mobile Service
Personal Communications Service, we add and substitute our general
exemption criteria for the specific exemption from routine evaluation
in Sec. Sec. 22.379 and 24.52;
For applicants and licensees of satellite earth stations,
we remove the 5 percent criterion in Sec. 25.117(g) and introduce
similar language to Sec. 25.115, paragraph (p), Sec. 25.129,
paragraph (c), Sec. 25.149, paragraph (c)(3), and Sec. 25.271,
paragraph (g);
For applicants and licensees in the Miscellaneous Wireless
Communications Services, Radio Broadcast Services, and Private Land
Mobile Services we substitute our general exemption criteria for the
specific exemption from routine evaluation by modifying Sec. Sec.
27.52, 73.404, paragraph (e)(10), and by adding Sec. 90.223 and
removing Sec. 90.223;
We add mobile devices to Sec. 95.2385 for WMTS and edit
Sec. 95.2585 to eliminate the limited specification of FDTD modeling
for MedRadio service medical implants;
For applicants and licensees in the Amateur Radio Service,
we substitute our general exemption criteria for the specific exemption
from routine evaluation based on power alone in Sec. 97.13(c)(1) and
specify the use of occupational/controlled limits for amateurs where
appropriate; and
For applicants and licensees in the Multichannel Video
Distribution and Data Service, we substitute our general exemption
criteria for the specific exemption from routine evaluation of stations
in the 12.2-12.7 GHz frequency band with output powers less than 1640
watts EIRP, in Sec. 101.1425.
Each of these changes will improve consistency and clarity of the
rules.
[[Page 18141]]
Memorandum Opinion and Order
49. In the 2019 Memorandum Opinion and Order, the Commission
dismissed and alternatively denied a petition for reconsideration of
its decision in the 2013 First RF Report and Order to classify the
pinna (outer ear) as an extremity in RF exposure testing. The
Commission found that the petition contained no new information that
specifically addressed the effects of RF exposure on the pinnae
themselves and otherwise relied on arguments that have been fully
considered and rejected. Furthermore, the Commission found that the
petition did not raise any new arguments when it cited alternative
concerns related to pinnae classification, brain proximity, and human
safety; offered no persuasive evidence that the Commission's analysis
was flawed; and that it did not demonstrate any errors or omissions in
the Commission's previous decision. For these reasons, the Commission
dismissed and alternatively denied the petition for reconsideration.
Termination of Notice of Inquiry (ET Docket No. 13-84)
50. In the 2019 Termination of Notice of Inquiry, the Commission
terminated the Notice of Inquiry proceeding in ET Docket No. 13-84 that
it initiated in 2013 to review its existing RF exposure standards and
certain related policies without making any changes to the Commission's
RF rules. While some commenters suggested that the Commission should
revise it RF exposure standards to be consistent with other
international standards, the Commission declined to make any changes
that would effectively relax its current standards, concluding that the
best available evidence, including consideration of the opinions
provided by expert U.S. federal health agencies, supports maintaining
the Commission's existing RF exposure standards.. The Commission also
determined that commenters suggesting alternatives that would tighten
the FCC's existing RF exposure standards did not offer a sufficient
scientific basis as to how their proposed reductions were derived, why
the proposed reductions specified the appropriate amount, or how their
proposed alternative reductions may impact the viability or performance
of wireless services and devices.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
51. This document contains new information collections subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13.
B. Congressional Review Act
52. The Commission will send a copy of the Second Report and Order,
Memorandum Opinion and Order, and Termination of Notice of Inquiry in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Act
53. The Regulatory Flexibility Act of 1980 (RFA) requires that an
agency prepare a regulatory flexibility analysis for notice and comment
rulemakings, unless the agency certifies that ``the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' Accordingly, the Commission has prepared a Final
Regulatory Flexibility.
54. Analysis (FRFA), set forth in Appendix D of the 2019 Second
Report and Order, Memorandum Opinion and Order, and Termination of
Notice of Inquiry concerning the possible impact of the rule changes.
IV. Ordering Clauses
55. Accordingly, it is ordered that pursuant to sections 1, 4(i),
4(j), 301, 302, 303(r), 307, 308, 309, 332(a)(1), 332(c)(7)(B)(iv), and
403 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), 301, 302a, 303(r), 307, 308, 309, 332(a)(1),
332(c)(7)(B)(iv), 403; the National Environmental Policy Act of 1969,
42 U.S.C. 4321, et seq.; and section 704(b) of the Telecommunications
Act of 1996, Pub. L. 104-104, the Second Report and Order in ET Docket
No. 03-137 is hereby adopted.
56. It is further ordered that parts 1, 2, 15, 18, 22, 24, 25, 27,
73, 90, 95, 97, and 101 of the Commission's rules, 47 CFR parts 1, 2,
15, 18, 22, 24, 25, 27, 73, 90, 95, 97 and 101, are amended, effective
June 1, 2020, except for Sec. Sec. 2.1091 and 2.1093 of the
Commission's rules, which contain new or modified information
collection requirements that require approval by the Office of
Management and Budget under the Paperwork Reduction Act and will become
effective after the Commission publishes a notice in the Federal
Register announcing such approval and the relevant effective date.
57. It is further ordered that pursuant to section 405 of the
Communications Act of 1934, as amended, 47 U.S.C. 405, and Sec. 1.429
of the Commission's rules, 47 CFR 1.429, this Memorandum Opinion and
Order is hereby adopted and the Petition for Reconsideration filed by
the American Association for Justice is dismissed and alternatively
denied.
58. It is further ordered that pursuant to authority contained in
sections 4(i) and 4(j) of the Communications Act of 1934, as amended,
47 U.S.C. 154(i), 154(j), and Sec. 1.430 of the Commission's rules, 47
CFR 1.430, the Notice of Inquiry in ET Docket No. 13-84 is terminated.
59. It is further ordered that pursuant to the authority contained
in sections 4(i) and 4(j) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), and Sec. 1.430 of the Commission's
rules, 47 CFR 1.430, ET Docket No. 03-137 in terminated.
60. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Second Report and Order, including the Final Regulatory
Flexibility Analysis, and the Memorandum Opinion and Order, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 1
Communications, Telecommunications.
47 CFR Part 2
Communications equipment, Radio, Telecommunications, Television.
47 CFR Part 15
Communications equipment, Labeling, Radio.
47 CFR Part 18
Household appliances, Medical devices, Radio, Scientific equipment,
Radio.
47 CFR Part 22
Communications, Communications equipment, Radio,
Telecommunications.
47 CFR Part 24
Communications equipment, Radio, Telecommunications.
47 CFR Part 27 and 73
Communications equipment, Radio, Television.
47 CFR Part 90, 95, 97, and 101
Communications equipment, Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communication Commission amends 47 CFR parts 1, 2,
[[Page 18142]]
15, 24, 25, 27, 73, 90, 95, 97, and 101 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
2. Section 1.1307 is amended by revising paragraph (b) to read as
follows:
Sec. 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assessments (EA) must be prepared.
* * * * *
(b)(1) Requirements. (i) With respect to the limits on human
exposure to RF provided in Sec. 1.1310 of this chapter, applicants to
the Commission for the grant or modification of construction permits,
licenses or renewals thereof, temporary authorities, equipment
authorizations, or any other authorizations for radiofrequency sources
must either:
(A) Determine that they qualify for an exemption pursuant to Sec.
1.1307(b)(3);
(B) Prepare an evaluation of the human exposure to RF radiation
pursuant to Sec. 1.1310 and include in the application a statement
confirming compliance with the limits in Sec. 1.1310; or
(C) Prepare an Environmental Assessment if those RF sources would
cause human exposure to levels of RF radiation in excess of the limits
in Sec. 1.1310.
(ii) Compliance with these limits for fixed RF source(s) may be
accomplished by use of mitigation actions, as provided in Sec.
1.1307(b)(4). Upon request by the Commission, the party seeking or
holding such authorization must submit technical information showing
the basis for such compliance, either by exemption or evaluation.
Notwithstanding the preceding requirements, in the event that RF
sources cause human exposure to levels of RF radiation in excess of the
limits in Sec. 1.1310 of this chapter, such RF exposure exemptions and
evaluations are not deemed sufficient to show that there is no
significant effect on the quality of the human environment or that the
RF sources are categorically excluded from environmental processing.
(2) Definitions. For the purposes of this section, the following
definitions shall apply.
Available maximum time-averaged power for an RF source is the
maximum available RF power (into a matched load) as averaged over a
time-averaging period;
Category One is any spatial region that is compliant with the
general population exposure limit with continuous exposure or source-
based time-averaged exposure;
Category Two is any spatial region where the general population
exposure limit is exceeded but that is compliant with the occupational
exposure limit with continuous exposure;
Category Three is any spatial region where the occupational
exposure limit is exceeded but by no more than ten times the limit;
Category Four is any spatial region where the exposure is more than
ten times the occupational exposure limit or where there is a
possibility for serious injury on contact.
Continuous exposure refers to the maximum time-averaged exposure at
a given location for an RF source and assumes that exposure may take
place indefinitely. The exposure limits in Sec. 1.1310 of this chapter
are used to establish the spatial regions where mitigation measures are
necessary assuming continuous exposure as prescribed in Sec.
1.1307(b)(4) of this chapter.
Effective Radiated Power (ERP) is the product of the maximum
antenna gain which is the largest far-field power gain relative to a
dipole in any direction for each transverse polarization component, and
the maximum delivered time-averaged power which is the largest net
power delivered or supplied to an antenna as averaged over a time-
averaging period; ERP is summed over two polarizations when present;
Exemption for (an) RF source(s) is solely from the obligation to
perform a routine environmental evaluation to demonstrate compliance
with the RF exposure limits in Sec. 1.1310 of this chapter; it is not
exemption from the equipment authorization procedures described in part
2 of this chapter, not exemption from general obligations of compliance
with the RF exposure limits in Sec. 1.1310 of this chapter, and not
exemption from determination of whether there is no significant effect
on the quality of the human environment under Sec. 1.1306 of this
chapter.
Fixed RF source is one that is physically secured at one location,
even temporarily, and is not able to be easily moved to another
location while radiating;
Mobile device is as defined in Sec. 2.1091(b) of this chapter;
Plane-wave equivalent power density is the square of the root-mean-
square (rms) electric field strength divided by the impedance of free
space (377 ohms).
Portable device is as defined in Sec. 2.1093(b) of this chapter;
Positive access control is mitigation by proactive preclusion of
unauthorized access to the region surrounding an RF source where the
continuous exposure limit for the general population is exceeded.
Examples of such controls include locked doors, ladder cages, or
effective fences, as well as enforced prohibition of public access to
external surfaces of buildings. However, it does not include natural
barriers or other access restrictions that did not require any action
on the part of the licensee or property management.
Radiating structure is an unshielded RF current-carrying conductor
that generates an RF reactive near electric or magnetic field and/or
radiates an RF electromagnetic wave. It is the component of an RF
source that transmits, generates, or reradiates an RF fields, such as
an antenna, aperture, coil, or plate.
RF source is Commission-regulated equipment that transmits or
generates RF fields or waves, whether intentionally or unintentionally,
via one or more radiating structure(s). Multiple RF sources may exist
in a single device.
Separation distance (variable R in Table 1) is the minimum distance
in any direction from any part of a radiating structure and any part of
the body of a nearby person;
Source-based time averaging is an average of instantaneous exposure
over a time-averaging period that is based on an inherent property or
duty-cycle of a device to ensure compliance with the continuous
exposure limits;
Time-averaging period is a time period not to exceed 30 minutes for
fixed RF sources or a time period inherent from device transmission
characteristics not to exceed 30 minutes for mobile and portable RF
sources;
Transient individual is an untrained person in a location where
occupational/controlled limits apply, and he or she must be made aware
of the potential for exposure and be supervised by trained personnel
pursuant to Sec. 1.1307(b)(4) of this chapter where use of time
averaging is required to ensure compliance with the general population
exposure limits in Sec. 1.1310 of this chapter.
(3) Determination of exemption. (i) For single RF sources (i.e.,
any single fixed RF source, mobile device, or portable device, as
defined in paragraph (b)(2) of this section): A single RF source is
exempt if:
(A) The available maximum time-averaged power is no more than 1 mW,
regardless of separation distance. This exemption may not be used in
[[Page 18143]]
conjunction with other exemption criteria other than those in paragraph
(b)(3)(ii)(A) of this section. Medical implant devices may only use
this exemption and that in paragraph (b)(3)(ii)(A);
(B) Or the available maximum time-averaged power or effective
radiated power (ERP), whichever is greater, is less than or equal to
the threshold Pth (mW) described in the following formula. This method
shall only be used at separation distances (cm) from 0.5 centimeters to
40 centimeters and at frequencies from 0.3 GHz to 6 GHz (inclusive).
Pth is given by:
[GRAPHIC] [TIFF OMITTED] TR01AP20.004
(C) Or using Table 1 and the minimum separation distance (R in
meters) from the body of a nearby person for the frequency (f in MHz)
at which the source operates, the ERP (watts) is no more than the
calculated value prescribed for that frequency. For the exemption in
Table 1 to apply, R must be at least [lambda]/2[pi], where [lambda] is
the free-space operating wavelength in meters. If the ERP of a single
RF source is not easily obtained, then the available maximum time-
averaged power may be used in lieu of ERP if the physical dimensions of
the radiating structure(s) do not exceed the electrical length of
[lambda]/4 or if the antenna gain is less than that of a half-wave
dipole (1.64 linear value).
Table 1 to Sec. 1.1307(b)(3)(i)(C)--Single RF Sources Subject to
Routine Environmental Evaluation
------------------------------------------------------------------------
RF Source frequency (MHz) Threshold ERP (watts)
------------------------------------------------------------------------
0.3-1.34.................................. 1,920 R\2\.
1.34-30................................... 3,450 R\2\/f\2\.
30-300.................................... 3.83 R\2\.
300-1,500................................. 0.0128 R\2\f.
1,500-100,000............................. 19.2R\2\.
------------------------------------------------------------------------
(ii) For multiple RF sources: Multiple RF sources are exempt if:
(A) The available maximum time-averaged power of each source is no
more than 1 mW and there is a separation distance of two centimeters
between any portion of a radiating structure operating and the nearest
portion of any other radiating structure in the same device, except if
the sum of multiple sources is less than 1 mW during the time-averaging
period, in which case they may be treated as a single source
(separation is not required). This exemption may not be used in
conjunction with other exemption criteria other than those is paragraph
(b)(3)(i)(A) of this section. Medical implant devices may only use this
exemption and that in paragraph (b)(3)(i)(A).
(B) in the case of fixed RF sources operating in the same time-
averaging period, or of multiple mobile or portable RF sources within a
device operating in the same time averaging period, if the sum of the
fractional contributions to the applicable thresholds is less than or
equal to 1 as indicated in the following equation.
[GRAPHIC] [TIFF OMITTED] TR01AP20.005
Where:
a = number of fixed, mobile, or portable RF sources claiming
exemption using paragraph (b)(3)(i)(B) of this section for Pth,
including existing exempt transmitters and those being added.
b = number of fixed, mobile, or portable RF sources claiming
exemption using paragraph (b)(3)(i)(C) of this section for Threshold
ERP, including existing exempt transmitters and those being added.
[[Page 18144]]
c = number of existing fixed, mobile, or portable RF sources with
known evaluation for the specified minimum distance including
existing evaluated transmitters.
Pi = the available maximum time-averaged power or the ERP, whichever
is greater, for fixed, mobile, or portable RF source i at a distance
between 0.5 cm and 40 cm (inclusive).
Pth,i = the exemption threshold power (Pth) according to paragraph
(b)(3)(i)(B) of this section for fixed, mobile, or portable RF
source i.
ERPj = the ERP of fixed, mobile, or portable RF source j.
ERPth,j = exemption threshold ERP for fixed, mobile, or portable RF
source j, at a distance of at least [lambda]/2[pi] according to the
applicable formula of paragraph (b)(3)(i)(C) of this section.
Evaluatedk = the maximum reported SAR or MPE of fixed, mobile, or
portable RF source k either in the device or at the transmitter site
from an existing evaluation at the location of exposure.
Exposure Limitk = either the general population/uncontrolled maximum
permissible exposure (MPE) or specific absorption rate (SAR) limit
for each fixed, mobile, or portable RF source k, as applicable from
Sec. 1.1310 of this chapter.
(4) Mitigation. (i) As provided in paragraphs (b)(4)(ii) through
(vi) of this section, specific mitigation actions are required for
fixed RF sources to the extent necessary to ensure compliance with our
exposure limits, including the implementation of an RF safety plan,
restriction of access to those RF sources, and disclosure of spatial
regions where exposure limits are exceeded.
(ii) Category One--INFORMATION: No mitigation actions are required
when the RF source does not cause continuous or source-based time-
averaged exposure in excess of the general population limit in sSec.
1.1310 of this part. Optionally a green ``INFORMATION'' sign may offer
information to those persons who might be approaching RF sources. This
optional sign, when used, must include at least the following
information: Appropriate signal word ``INFORMATION'' and associated
color (green), an explanation of the safety precautions to be observed
when closer to the antenna than the information sign, a reminder to
obey all postings and boundaries (if higher categories are nearby), up-
to-date licensee (or operator) contact information (if higher
categories are nearby), and a place to get additional information (such
as a website, if no higher categories are nearby).
(iii) Category Two--NOTICE: Mitigation actions are required in the
form of signs and positive access control surrounding the boundary
where the continuous exposure limit is exceeded for the general
population, with the appropriate signal word ``NOTICE'' and associated
color (blue) on the signs. Signs must contain the components discussed
in paragraph (b)(4)(vi) of this section. Under certain controlled
conditions, such as on a rooftop with limited access, a sign attached
directly to the surface of an antenna will be considered sufficient if
the sign specifies a minimum approach distance and is readable at this
separation distance and at locations required for compliance with the
general population exposure limit in Sec. 1.1310 of this part.
Appropriate training is required for any occupational personnel with
access to controlled areas within restrictive barriers where the
general population exposure limit is exceeded, and transient
individuals must be supervised by trained occupational personnel upon
entering any of these areas. Use of time averaging is required for
transient individuals to ensure compliance with the general population
exposure limit.
(iv) Category Three--CAUTION: Signs (with the appropriate signal
word ``CAUTION'' and associated color (yellow) on the signs), controls,
or indicators (e.g., chains, railings, contrasting paint, diagrams) are
required (in addition to the positive access control established for
Category Two) surrounding the area in which the exposure limit for
occupational personnel in a controlled environment is exceeded by no
more than a factor of ten. Signs must contain the components discussed
in paragraph (b)(4)(vi) of this section. If the boundaries between
Category Two and Three are such that placement of both Category Two and
Three signs would be in the same location, then the Category Two sign
is optional. Under certain controlled conditions, such as on a rooftop
with limited access, a sign may be attached directly to the surface of
an antenna within a controlled environment if it specifies the minimum
approach distance and is readable at this distance and at locations
required for compliance with the occupational exposure limit in Sec.
1.1310 of this part. If signs are not used at the occupational exposure
limit boundary, controls or indicators (e.g., chains, railings,
contrasting paint, diagrams, etc.) must designate the boundary where
the occupational exposure limit is exceeded. Additionally, appropriate
training is required for any occupational personnel with access to the
controlled area where the general population exposure limit is
exceeded, and transient individuals must be supervised by trained
personnel upon entering any of these areas. Use of time averaging is
required for transient individuals to ensure compliance with the
general population exposure limit. Further mitigation by reducing
exposure time in accord with six-minute time averaging is required for
occupational personnel in the area in which the occupational exposure
limit is exceeded. However, proper use of RF personal protective
equipment may be considered sufficient in lieu of time averaging for
occupational personnel in the areas in which the occupational exposure
limit is exceeded. If such procedures or power reduction, and therefore
Category reduction, are not feasible, then lockout/tagout procedures in
29 CFR 1910.147 must be followed.
(v) Category Four--WARNING/DANGER: Where the occupational limit
could be exceeded by a factor of more than ten, ``WARNING'' signs with
the associated color (orange), controls, or indicators (e.g., chains,
railings, contrasting paint, diagrams) are required (in addition to the
positive access control established for Category Two) surrounding the
area in which the occupational exposure limit in a controlled
environment is exceeded by more than a factor of ten Signs must contain
the components discussed in paragraph (b)(4)(vi) of this section.
``DANGER'' signs with the associated color (red) are required where
immediate and serious injury will occur on contact, in addition to
positive access control, regardless of mitigation actions taken in
Categories Two or Three. If the boundaries between Category Three and
Four are such that placement of both Category Three and Four signs
would be in the same location, then the Category Three sign is
optional. No access is permitted without Category reduction. If power
reduction, and therefore Category reduction, is not feasible, then
lockout/tagout procedures in 29 CFR 1910.147 must be followed.
(vi) RF exposure advisory signs must be viewable and readable from
the boundary where the applicable exposure limits are exceeded,
pursuant to 29 CFR 1910.145, and include at least the following five
components:
(A) Appropriate signal word, associated color {i.e., {DANGER''
(red), ``WARNING'' (orange), ``CAUTION,'' (yellow) ``NOTICE''
(blue){time} ;
(B) RF energy advisory symbol;
(C) An explanation of the RF source;
(D) Behavior necessary to comply with the exposure limits; and
(E) Up-to-date contact information.
(5) Responsibility for compliance. (i) In general, when the
exposure limits specified in Sec. 1.1310 of this part are
[[Page 18145]]
exceeded in an accessible area due to the emissions from multiple fixed
RF sources, actions necessary to bring the area into compliance or
preparation of an Environmental Assessment (EA) as specified in Sec.
1.1311 of this part are the shared responsibility of all licensees
whose RF sources produce, at the area in question, levels that exceed
5% of the applicable exposure limit proportional to power. However, a
licensee demonstrating that its facility was not the most recently
modified or newly-constructed facility at the site establishes a
rebuttable presumption that such licensee should not be liable in an
enforcement proceeding relating to the period of non-compliance. Field
strengths must be squared to be proportional to SAR or power density.
Specifically, these compliance requirements apply if the square of the
electric or magnetic field strength exposure level applicable to a
particular RF source exceeds 5% of the square of the electric or
magnetic field strength limit at the area in question where the levels
due to multiple fixed RF sources exceed the exposure limit. Site owners
and managers are expected to allow applicants and licensees to take
reasonable steps to comply with the requirements contained in paragraph
(b)(1) of this section and, where feasible, should encourage co-
location of RF sources and common solutions for controlling access to
areas where the RF exposure limits contained in Sec. 1.1310 of this
part might be exceeded. Applicants and licensees are required to share
technical information necessary to ensure joint compliance with the
exposure limits, including informing other licensees at a site in
question of evaluations indicating possible non-compliance with the
exposure limits.
(ii) Applicants for proposed RF sources that would cause non-
compliance with the limits specified in Sec. 1.1310 at an accessible
area previously in compliance must submit an EA if emissions from the
applicant's RF source would produce, at the area in question, levels
that exceed 5% of the applicable exposure limit. Field strengths must
be squared if necessary to be proportional to SAR or power density.
(iii) Renewal applicants whose RF sources would cause non-
compliance with the limits specified in Sec. 1.1310 at an accessible
area previously in compliance must submit an EA if emissions from the
applicant's RF source would produce, at the area in question, levels
that exceed 5% of the applicable exposure limit. Field strengths must
be squared if necessary to be proportional to SAR or power density.
* * * * *
0
3. Section 1.1310 is revised to read as follows:
Sec. 1.1310 Radiofrequency radiation exposure limits.
(a) Specific absorption rate (SAR) shall be used to evaluate the
environmental impact of human exposure to radiofrequency (RF) radiation
as specified in Sec. 1.1307(b) of this part within the frequency range
of 100 kHz to 6 GHz (inclusive).
(b) The SAR limits for occupational/controlled exposure are 0.4 W/
kg, as averaged over the whole body, and a peak spatial-average SAR of
8 W/kg, averaged over any 1 gram of tissue (defined as a tissue volume
in the shape of a cube). Exceptions are the parts of the human body
treated as extremities, such as hands, wrists, feet, ankles, and
pinnae, where the peak spatial-average SAR limit for occupational/
controlled exposure is 20 W/kg, averaged over any 10 grams of tissue
(defined as a tissue volume in the shape of a cube). Exposure may be
averaged over a time period not to exceed 6 minutes to determine
compliance with occupational/controlled SAR limits.
(c) The SAR limits for general population/uncontrolled exposure are
0.08 W/kg, as averaged over the whole body, and a peak spatial-average
SAR of 1.6 W/kg, averaged over any 1 gram of tissue (defined as a
tissue volume in the shape of a cube). Exceptions are the parts of the
human body treated as extremities, such as hands, wrists, feet, ankles,
and pinnae, where the peak spatial-average SAR limit is 4 W/kg,
averaged over any 10 grams of tissue (defined as a tissue volume in the
shape of a cube). Exposure may be averaged over a time period not to
exceed 30 minutes to determine compliance with general population/
uncontrolled SAR limits.
(d)(1) Evaluation with respect to the SAR limits in this section
must demonstrate compliance with both the whole-body and peak spatial-
average limits using technically supported measurement or computational
methods and exposure conditions in advance of authorization (licensing
or equipment certification) and in a manner that facilitates
independent assessment and, if appropriate, enforcement. Numerical
computation of SAR must be supported by adequate documentation showing
that the numerical method as implemented in the computational software
has been fully validated; in addition, the equipment under test and
exposure conditions must be modeled according to protocols established
by FCC-accepted numerical computation standards or available FCC
procedures for the specific computational method.
(2) For operations within the frequency range of 300 kHz and 6 GHz
(inclusive), the limits for maximum permissible exposure (MPE), derived
from whole-body SAR limits and listed in Table 1 in paragraph (e)(1) of
this section, may be used instead of whole-body SAR limits as set forth
in paragraphs (a) through (c) of this section to evaluate the
environmental impact of human exposure to RF radiation as specified in
Sec. 1.1307(b) of this part, except for portable devices as defined in
Sec. 2.1093 of this chapter as these evaluations shall be performed
according to the SAR provisions in Sec. 2.1093.
(3) At operating frequencies above 6 GHz, the MPE limits listed in
Table 1 in paragraph (e)(1) of this section shall be used in all cases
to evaluate the environmental impact of human exposure to RF radiation
as specified in Sec. 1.1307(b) of this part.
(4) Both the MPE limits listed in Table 1 in paragraph (e)(1) of
this section and the SAR limits as set forth in paragraphs (a) through
(c) of this section are for continuous exposure, that is, for
indefinite time periods. Exposure levels higher than the limits are
permitted for shorter exposure times, as long as the average exposure
over a period not more than the specified averaging time in Table 1 in
paragraph (e)(1) is less than (or equal to) the exposure limits.
Detailed information on our policies regarding procedures for
evaluating compliance with all of these exposure limits can be found in
the most recent edition of FCC's OET Bulletin 65, ``Evaluating
Compliance with FCC Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields,'' and its supplements, all available at the
FCC's internet website: https://www.fcc.gov/general/oet-bulletins-line,
and in the Office of Engineering and Technology (OET) Laboratory
Division Knowledge Database (KDB) (https://www.fcc.gov/kdb).
Note to paragraphs (a) through (d): SAR is a measure of the
rate of energy absorption due to exposure to RF electromagnetic
energy. These SAR limits to be used for evaluation are based
generally on criteria published by the American National Standards
Institute (ANSI) for localized SAR in Section 4.2 of ``IEEE Standard
for Safety Levels with Respect to Human Exposure to Radio Frequency
Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE Std C95.1-
1992, copyright 1992 by the Institute of Electrical and Electronics
Engineers, Inc., New York, New York 10017. These criteria
[[Page 18146]]
for SAR evaluation are similar to those recommended by the National
Council on Radiation Protection and Measurements (NCRP) in
``Biological Effects and Exposure Criteria for Radiofrequency
Electromagnetic Fields,'' NCRP Report No. 86, Section 17.4.5,
copyright 1986 by NCRP, Bethesda, Maryland 20814. Limits for whole
body SAR and peak spatial-average SAR are based on recommendations
made in both of these documents. The MPE limits in Table 1 are based
generally on criteria published by the NCRP in ``Biological Effects
and Exposure Criteria for Radiofrequency Electromagnetic Fields,''
NCRP Report No. 86, Sections 17.4.1, 17.4.1.1, 17.4.2 and 17.4.3,
copyright 1986 by NCRP, Bethesda, Maryland 20814. In the frequency
range from 100 MHz to 1500 MHz, these MPE exposure limits for field
strength and power density are also generally based on criteria
recommended by the ANSI in Section 4.1 of ``IEEE Standard for Safety
Levels with Respect to Human Exposure to Radio Frequency
Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE Std C95.1-
1992, copyright 1992 by the Institute of Electrical and Electronics
Engineers, Inc., New York, New York 10017.
(e)(1) Table 1 to Sec. 1.1310(e)(1) sets forth limits for Maximum
Permissible Exposure (MPE) to radiofrequency electromagnetic fields.
Table 1 to Sec. 1.1310(e)(1)--Limits for Maximum Permissible Exposure (MPE)
----------------------------------------------------------------------------------------------------------------
Electric field Magnetic field Power density (mW/ Averaging time
Frequency range (MHz) strength (V/m) strength (A/m) cm\2\) (minutes)
----------------------------------------------------------------------------------------------------------------
(i) Limits for Occupational/Controlled Exposure
----------------------------------------------------------------------------------------------------------------
0.3-3.0.................. 614................... 1.63.................. *(100)............... <=6
3.0-30................... 1842/f................ 4.89/f................ *(900/f\2\).......... <6
30-300................... 61.4.................. 0.163................. 1.0.................. <6
300-1,500................ ...................... ...................... f/300................ <6
1,500-100,000............ ...................... ...................... 5.................... <6
----------------------------------------------------------------------------------------------------------------
(ii) Limits for General Population/Uncontrolled Exposure
----------------------------------------------------------------------------------------------------------------
0.3-1.34................. 614................... 1.63.................. *(100)............... <30
1.34-30.................. 824/f................. 2.19/f................ *(180/f\2\).......... <30
30-300................... 27.5.................. 0.073................. 0.2.................. <30
300-1,500................ ...................... ...................... f/1500............... <30
1,500-100,000............ ...................... ...................... 1.0.................. <30
----------------------------------------------------------------------------------------------------------------
f = frequency in MHz. * = Plane-wave equivalent power density.
(2) Occupational/controlled exposure limits apply in situations in
which persons are exposed as a consequence of their employment provided
those persons are fully aware of the potential for exposure and can
exercise control over their exposure. The phrase fully aware in the
context of applying these exposure limits means that an exposed person
has received written and/or verbal information fully explaining the
potential for RF exposure resulting from his or her employment. With
the exception of transient persons, this phrase also means that an
exposed person has received appropriate training regarding work
practices relating to controlling or mitigating his or her exposure. In
situations when an untrained person is transient through a location
where occupational/controlled limits apply, he or she must be made
aware of the potential for exposure and be supervised by trained
personnel pursuant to Sec. 1.1307(b)(2) of this part where use of time
averaging is required to ensure compliance with the general population
exposure limit. The phrase exercise control means that an exposed
person is allowed and also knows how to reduce or avoid exposure by
administrative or engineering work practices, such as use of personal
protective equipment or time averaging of exposure.
(3) General population/uncontrolled exposure limits apply in
situations in which the general public may be exposed, or in which
persons who are exposed as a consequence of their employment may not be
fully aware of the potential for exposure or cannot exercise control
over their exposure. For example, RF sources intended for consumer use
shall be subject to the limits for general population/uncontrolled
exposure in this section.
Sec. 1.4000 [Amended]
0
4. Section 1.4000 is amended by removing and reserving paragraph (c).
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
5. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
6. Section 2.1033 is amended by adding paragraph (f) to read as
follows:
Sec. 2.1033 Application for certification.
* * * * *
(f) Radio frequency devices operating under the provisions of this
part are subject to the radio frequency radiation exposure requirements
specified in Sec. Sec. 1.1307(b), 1.1310, 2.1091, and 2.1093 of this
chapter, as appropriate. Applications for equipment authorization of RF
sources under this section must contain a statement confirming
compliance with these requirements. Technical information showing the
basis for this statement must be submitted to the Commission upon
request.
0
7. Section 2.1091 is amended by revising paragraphs (b) and (c),
removing paragraph (d) introductory text, and revising paragraphs
(d)(1) and (2) to read as follows:
Sec. 2.1091 Radiofrequency radiation exposure evaluation: mobile
devices.
* * * * *
(b) For purposes of this section, the definitions in Sec.
1.1307(b)(2) of this chapter shall apply. A mobile device is defined as
a transmitting device designed to be used in other than fixed locations
and to generally be used in such a way that a separation distance of at
least 20 centimeters is normally maintained between the RF source's
radiating structure(s) and the body of the user or nearby persons. In
this context, the term ``fixed location'' means that the device is
physically secured at one location and is not able to be easily moved
to another location while transmitting. Transmitting devices designed
to be used by consumers or workers that can be easily re-located, such
as wireless devices
[[Page 18147]]
associated with a personal desktop computer, are considered to be
mobile devices if they meet the 20-centimeter separation requirement.
(c)(1) Evaluation of compliance with the exposure limits in Sec.
1.1310 of this chapter, and preparation of an EA if the limits are
exceeded, is necessary for mobile devices with single RF sources having
either more than an available maximum time-averaged power of 1 mW or
more than the ERP listed in Table 1 to Sec. 1.1307(b)(3)(i)(C),
whichever is greater. For mobile devices not exempt by Sec.
1.1307(b)(3)(i)(C) at distances from 20 centimeters to 40 centimeters
and frequencies from 0.3 GHz to 6 GHz, evaluation of compliance with
the exposure limits in Sec. 1.1310 of this chapter is necessary if the
ERP of the device is greater than ERP20cm in the formula
below. If the ERP of a single RF source at distances from 20
centimeters to 40 centimeters and frequencies from 0.3 GHz to 6 GHz is
not easily obtained, then the available maximum time-averaged power may
be used (i.e., without consideration of ERP) in comparison with the
following formula only if the physical dimensions of the radiating
structure(s) do not exceed the electrical length of [lambda]/4 or if
the antenna gain is less than that of a half-wave dipole (1.64 linear
value).
[GRAPHIC] [TIFF OMITTED] TR01AP20.006
(2) For multiple mobile or portable RF sources within a device
operating in the same time averaging period, routine environmental
evaluation is required if the formula in Sec. 1.1307(b)(3)(ii)(B) of
this chapter is applied to determine the exemption ratio and the result
is greater than 1.
(3) Unless otherwise specified in this chapter, any other single
mobile or multiple mobile and portable RF source(s) associated with a
device is exempt from routine environmental evaluation for RF exposure
prior to equipment authorization or use, except as specified in Sec.
1.1307(c) and (d) of this chapter.
(d)(1) Applications for equipment authorization of mobile RF
sources subject to routine environmental evaluation must contain a
statement confirming compliance with the limits specified in Sec.
1.1310 of this chapter as part of their application. Technical
information showing the basis for this statement must be submitted to
the Commission upon request. In general, maximum time-averaged power
levels must be used for evaluation. All unlicensed personal
communications service (PCS) devices and unlicensed NII devices shall
be subject to the limits for general population/uncontrolled exposure.
(2)(i) For purposes of analyzing mobile transmitting devices under
the occupational/controlled criteria specified in Sec. 1.1310 of this
chapter, time averaging provisions of the limits may be used in
conjunction with the maximum duty factor to determine maximum time-
averaged exposure levels under normal operating conditions.
(ii) Such time averaging provisions based on maximum duty factor
may not be used in determining exposure levels for devices intended for
use by consumers in general population/uncontrolled environments as
defined in Sec. 1.1310 of this chapter. However, ``source-based'' time
averaging based on an inherent property of the RF source is allowed
over a time period not to exceed 30 minutes. An example of this is the
determination of exposure from a device that uses digital technology
such as a time-division multiple-access (TDMA) scheme for transmission
of a signal.
* * * * *
0
8. Section 2.1093 is amended by revising paragraphs (b) through (d) to
read as follows:
Sec. 2.1093 Radiofrequency radiation exposure evaluation: portable
devices.
* * * * *
(b) For purposes of this section, the definitions in Sec.
1.1307(b)(2) of this chapter shall apply. A portable device is defined
as a transmitting device designed to be used in other than fixed
locations and to generally be used in such a way that the RF source's
radiating structure(s) is/are within 20 centimeters of the body of the
user.
(c)(1) Evaluation of compliance with the exposure limits in Sec.
1.1310 of this chapter, and preparation of an EA if the limits are
exceeded, is necessary for portable devices having single RF sources
with more than an available maximum time-averaged power of 1 mW, more
than the ERP listed in Table 1 to Sec. 1.1307(b)(3)(i)(C), or more
than the Pth in the following formula, whichever is greater. The
following formula shall only be used in conjunction with portable
devices not exempt by Sec. 1.1307(b)(3)(i)(C) at distances from 0.5
centimeters to 20 centimeters and frequencies from 0.3 GHz to 6 GHz.
[[Page 18148]]
[GRAPHIC] [TIFF OMITTED] TR01AP20.007
d = the minimum separation distance (cm) in any direction from any
part of the device antenna(s) or radiating structure(s) to the body
of the device user.
(2) For multiple mobile or portable RF sources within a device
operating in the same time averaging period, evaluation is required if
the formula in Sec. 1.1307(b)(3)(ii)(B) of this chapter is applied to
determine the exemption ratio and the result is greater than 1.
(3) Unless otherwise specified in this chapter, any other single
portable or multiple mobile and portable RF source(s) associated with a
device is exempt from routine environmental evaluation for RF exposure
prior to equipment authorization or use, except as specified in Sec.
1.1307(c) and (d) of this chapter.
(d)(1) Applications for equipment authorization of portable RF
sources subject to routine environmental evaluation must contain a
statement confirming compliance with the limits specified in Sec.
1.1310 of this chapter as part of their application. Technical
information showing the basis for this statement must be submitted to
the Commission upon request. The SAR limits specified in Sec.
1.1310(a) through (c) of this chapter shall be used for evaluation of
portable devices transmitting in the frequency range from 100 kHz to 6
GHz. Portable devices that transmit at frequencies above 6 GHz shall be
evaluated in terms of the MPE limits specified in Table 1 to Sec.
1.1310(e)(1) of this chapter. A minimum separation distance applicable
to the operating configurations and exposure conditions of the device
shall be used for the evaluation. In general, maximum time-averaged
power levels must be used for evaluation. All unlicensed personal
communications service (PCS) devices and unlicensed NII devices shall
be subject to the limits for general population/uncontrolled exposure.
(2) Evaluation of compliance with the SAR limits can be
demonstrated by either laboratory measurement techniques or by
computational modeling. The latter must be supported by adequate
documentation showing that the numerical method as implemented in the
computational software has been fully validated; in addition, the
equipment under test and exposure conditions must be modeled according
to protocols established by FCC-accepted numerical computation
standards or available FCC procedures for the specific computational
method. Guidance regarding SAR measurement techniques can be found in
the Office of Engineering and Technology (OET) Laboratory Division
Knowledge Database (KDB). The staff guidance provided in the KDB does
not necessarily represent the only acceptable methods for measuring RF
exposure or RF emissions, and is not binding on the Commission or any
interested party.
(3) For purposes of analyzing portable RF sources under the
occupational/controlled SAR criteria specified in Sec. 1.1310 of this
chapter, time averaging provisions of the limits may be used in
conjunction with the maximum duty factor to determine maximum time-
averaged exposure levels under normal operating conditions.
(4) The time averaging provisions for occupational/controlled SAR
criteria, based on maximum duty factor, may not be used in determining
typical exposure levels for portable devices intended for use by
consumers, such as cellular telephones, that are considered to operate
in general population/uncontrolled environments as defined in Sec.
1.1310 of this chapter. However, ``source-based'' time averaging based
on an inherent property of the RF source is allowed over a time period
not to exceed 30 minutes. An example of this would be the determination
of exposure from a device that uses digital technology such as a time-
division multiple-access (TDMA) scheme for transmission of a signal.
(5) Visual advisories (such as labeling, embossing, or on an
equivalent electronic display) on portable devices designed only for
occupational use can be used as part of an applicant's evidence of the
device user's awareness of occupational/controlled exposure limits.
Such visual advisories shall be legible and clearly visible to the user
from the exterior of the device. Visual advisories must indicate that
the device is for occupational use only, refer the user to specific
information on RF exposure, such as that provided in a user manual and
note that the advisory and its information is required for FCC RF
exposure compliance. Such instructional material must provide users
with information on how to use
[[Page 18149]]
the device and to ensure users are fully aware of and able to exercise
control over their exposure to satisfy compliance with the
occupational/controlled exposure limits. A sample of the visual
advisory, illustrating its location on the device, and any
instructional material intended to accompany the device when marketed,
shall be filed with the Commission along with the application for
equipment authorization. Details of any special training requirements
pertinent to mitigating and limiting RF exposure should also be
submitted. Holders of grants for portable devices to be used in
occupational settings are encouraged, but not required, to coordinate
with end-user organizations to ensure appropriate RF safety training.
(6) General population/uncontrolled exposure limits defined in
Sec. 1.1310 of this chapter apply to portable devices intended for use
by consumers or persons who are exposed as a consequence of their
employment and may not be fully aware of the potential for exposure or
cannot exercise control over their exposure. No communication with the
consumer including either visual advisories or manual instructions will
be considered sufficient to allow consumer portable devices to be
evaluated subject to limits for occupational/controlled exposure
specified in Sec. 1.1310 of this chapter.
PART 15--RADIO FREQUENCY DEVICES
0
9. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, 549.
0
10. Section 15.212 is amended by revising paragraph (a)(1)(viii) to
read as follows:
Sec. 15.212 Modular transmitters.
(a) * * *
(1) * * *
(viii) Radio frequency devices operating under the provisions of
this part are subject to the radio frequency radiation exposure
requirements specified in Sec. Sec. 1.1307(b), 1.1310, 2.1091, and
2.1093 of this chapter, as appropriate. Applications for equipment
authorization of modular transmitters under this section must contain a
statement confirming compliance with these requirements. The modular
transmitter must comply with any applicable RF exposure requirements in
its final configuration. Technical information showing the basis for
this statement must be submitted to the Commission upon request.
* * * * *
0
11. Section 15.247 is amended by designating the note following
paragraph (h) as ``note to paragraph (h)'' and by revising paragraph
(i).
The revision reads as follows:
Sec. 15.247 Operation within the bands 902-928 MHz, 2400-2483.5 MHz,
and 5725-5850 MHz.
* * * * *
(i) Radio frequency devices operating under the provisions of this
part are subject to the radio frequency radiation exposure requirements
specified in Sec. Sec. 1.1307(b), 1.1310, 2.1091, and 2.1093 of this
chapter, as appropriate. Applications for equipment authorization of
mobile or portable devices operating under this section must contain a
statement confirming compliance with these requirements. Technical
information showing the basis for this statement must be submitted to
the Commission upon request.
0
12. Section 15.255 is amended by revising paragraph (g) to read as
follows:
Sec. 15.255 Operation within the band 57-71 GHz.
* * * * *
(g) Radio frequency devices operating under the provisions of this
part are subject to the radio frequency radiation exposure requirements
specified in Sec. Sec. 1.1307(b), 1.1310, 2.1091, and 2.1093 of this
chapter, as appropriate. Applications for equipment authorization of
mobile or portable devices operating under this section must contain a
statement confirming compliance with these requirements. Technical
information showing the basis for this statement must be submitted to
the Commission upon request.
* * * * *
0
13. Section 15.257 is amended by revising paragraph (g) to read as
follows:
Sec. 15.257 Operation within the band 92-95 GHz.
* * * * *
(g) Radio frequency devices operating under the provisions of this
part are subject to the radio frequency radiation exposure requirements
specified in Sec. Sec. 1.1307(b), 1.1310, 2.1091, and 2.1093 of this
chapter, as appropriate. Applications for equipment authorization of
mobile or portable devices operating under this section must contain a
statement confirming compliance with these requirements. Technical
information showing the basis for this statement must be submitted to
the Commission upon request.
* * * * *
0
14. Section 15.319 is amended by revising paragraph (i) to read as
follows:
Sec. 15.319 General technical requirements.
* * * * *
(i) Radio frequency devices operating under the provisions of this
part are subject to the radio frequency radiation exposure requirements
specified in Sec. Sec. 1.1307(b), 1.1310, 2.1091, and 2.1093 of this
chapter, as appropriate. All equipment shall be considered to operate
in a ``general population/uncontrolled'' environment. Applications for
equipment authorization of mobile or portable devices operating under
this section must contain a statement confirming compliance with these
requirements. Technical information showing the basis for this
statement must be submitted to the Commission upon request.
0
15. Section 15.407 is amended by revising paragraph (f) to read as
follows:
Sec. 15.407 General technical requirements.
* * * * *
(f) Radio frequency devices operating under the provisions of this
part are subject to the radio frequency radiation exposure requirements
specified in Sec. Sec. 1.1307(b), 1.1310, 2.1091, and 2.1093 of this
chapter, as appropriate. All equipment shall be considered to operate
in a ``general population/uncontrolled'' environment. Applications for
equipment authorization of mobile or portable devices operating under
this section must contain a statement confirming compliance with these
requirements. Technical information showing the basis for this
statement must be submitted to the Commission upon request.
* * * * *
0
16. Section 15.709 is amended by revising paragraph (h) to read as
follows:
Sec. 15.709 General technical requirements.
* * * * *
(h) Compliance with radio frequency exposure requirements. White
space devices shall ensure compliance with the Commission's radio
frequency exposure requirements in Sec. Sec. 1.1307(b), 2.1091 and
2.1093 of this chapter, as appropriate. Applications for equipment
authorization of RF sources under this section must contain a statement
confirming compliance with these requirements. Technical information
showing the basis for this statement must be submitted to the
Commission upon request.
[[Page 18150]]
PART 18--INDUSTRIAL, SCIENTIFIC AND MEDICAL EQUIPMENT
0
17. The authority citation for part 18 continues to read as follows:
Authority: 4, 301, 302, 303, 304, 307.
0
18. Section 18.313 is added to read as follows:
Sec. 18.313 Radio frequency exposure requirements.
Radio frequency devices operating under the provisions of this part
are subject to the radio frequency radiation exposure requirements
specified in Sec. Sec. 1.1307(b), 1.1310, 2.1091, and 2.1093 of this
chapter, as appropriate.
PART 22--PUBLIC MOBILE SERVICES
0
19. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309, and 332.
0
20. Section 22.379 is added to read as follows:
Sec. 22.379 RF exposure.
Licensees and manufacturers shall ensure compliance with the
Commission's radio frequency exposure requirements in Sec. Sec.
1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate.
Applications for equipment authorization of mobile or portable devices
operating under this section must contain a statement confirming
compliance with these requirements. Technical information showing the
basis for this statement must be submitted to the Commission upon
request.
PART 24--PERSONAL COMMUNICATIONS SERVICES
0
21. The authority citation for part 24 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.
Sec. 24.51 [Amended]
0
22. Section 24.51 is amended by removing paragraph (c).
0
23. Section 24.52 is revised to read as follows:
Sec. 24.52 RF exposure.
Licensees and manufacturers shall ensure compliance with the
Commission's radio frequency exposure requirements in Sec. Sec.
1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate.
Applications for equipment authorization of mobile or portable devices
operating under this section must contain a statement confirming
compliance with these requirements. Technical information showing the
basis for this statement must be submitted to the Commission upon
request.
PART 25--SATELLITE COMMUNICATIONS
0
24. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
25. Section 25.115 is amended by adding reserved paragraph (o) and
adding paragraph (p) to read as follows:
Sec. 25.115 Application for earth station authorizations.
* * * * *
(p) The licensee and grantees shall ensure compliance with the
Commission's radio frequency exposure requirements in Sec. Sec.
1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. An
Environmental Assessment may be required if RF radiation from the
proposed facilities would, in combination with radiation from other
sources, cause RF power density or field strength in an accessible area
to exceed the applicable limits specified in Sec. 1.1310 of this
chapter. See Sec. 1.1307(b)(5)(ii).
0
26. Section 25.117 is amended by revising paragraph (g) to read as
follows:
Sec. 25.117 Modification of station license.
* * * * *
(g) The licensee and grantees shall ensure compliance with the
Commission's radio frequency exposure requirements in Sec. Sec.
1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. An
Environmental Assessment may be required if RF radiation from the
proposed facilities would, in combination with radiation from other
sources, cause RF power density or field strength in an accessible area
to exceed the applicable limits specified in Sec. 1.1310 of this
chapter. See Sec. 1.1307(b)(5)(iii).
* * * * *
0
27. Section 25.129 is amended by revising paragraph (c) to read as
follows:
Sec. 25.129 Equipment authorization for portable earth-station
transceivers.
* * * * *
(c) In addition to the information required by Sec. 2.1033(c) of
this chapter, applicants for certification required by this section
shall submit any additional equipment test data necessary to
demonstrate compliance with pertinent standards for transmitter
performance prescribed in Sec. Sec. 25.138, 25.202(f), 25.204, 25.209,
and 25.216, must demonstrate compliance with the labeling requirement
in Sec. 25.285(b), and shall ensure compliance with the Commission's
radio frequency exposure requirements in Sec. Sec. 1.1307(b), 2.1091,
and 2.1093 of this chapter, as appropriate. An Environmental Assessment
may be required if RF radiation from the proposed facilities would, in
combination with radiation from other sources, cause RF power density
or field strength in an accessible area to exceed the applicable limits
specified in Sec. 1.1310 of this chapter. Applications for equipment
authorization of mobile or portable devices operating under this
section must contain a statement confirming compliance with these
requirements. Technical information showing the basis for this
statement must be submitted to the Commission upon request.
* * * * *
0
28. Section 25.149 is amended by revising paragraph (c)(3) to read as
follows:
Sec. 25.149 Application requirements for ancillary terrestrial
components in Mobile-Satellite Service networks operating in the 1.5/
1.6 GHz and 1.6/2.4 GHz Mobile-Satellite Service.
* * * * *
(c) * * *
(3) Licensees and manufacturers shall ensure compliance with the
Commission's radio frequency exposure requirements in Sec. Sec.
1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. An
Environmental Assessment may be required if RF radiation from the
proposed facilities would, in combination with radiation from other
sources, cause RF power density or field strength in an accessible area
to exceed the applicable limits specified in Sec. 1.1310 of this
chapter. Applications for equipment authorization of mobile or portable
devices operating under this section must contain a statement
confirming compliance with these requirements. Technical information
showing the basis for this statement must be submitted to the
Commission upon request.
* * * * *
0
29. Section 25.271 is amended by revising paragraph (g) to read as
follows:
Sec. 25.271 Control of transmitting stations.
* * * * *
(g) All applicants shall ensure compliance with the Commission's
radio frequency exposure requirements in Sec. Sec. 1.1307(b), 2.1091,
and 2.1093 of this chapter, as appropriate. Applicants with terminals
that will exceed the guidelines in Sec. 1.1310 of this chapter for
[[Page 18151]]
radio frequency radiation exposure shall provide a plan for mitigation
of radiation exposure to the extent required to meet those guidelines.
Licensees of transmitting earth stations are prohibited from using
remote earth stations in their networks that are not designed to stop
transmission when synchronization to signals from the target satellite
fails.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
30. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
0
31. Section 27.52 is revised to read as follows:
Sec. 27.52 RF exposure.
Licensees and manufacturers shall ensure compliance with the
Commission's radio frequency exposure requirements in Sec. Sec.
1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate.
Applications for equipment authorization of mobile or portable devices
operating under this section must contain a statement confirming
compliance with these requirements. Technical information showing the
basis for this statement must be submitted to the Commission upon
request.
PART 73--RADIO BROADCAST SERVICES
0
32. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
33. Section 73.404 is amended by revising paragraph (e)(10) to read as
follows:
* * * * *
(e) * * *
(10) Licensees and permittees shall ensure compliance with the
Commission's radio frequency exposure requirements in Sec. 1.1307(b)
of this chapter. An Environmental Assessment may be required if RF
radiation from the proposed facilities would, in combination with
radiation from other sources, cause RF power density or field strength
in an accessible area to exceed the applicable limits specified in
Sec. 1.1310 of this chapter.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
34. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
0
35. Section 90.223 is added to subpart I to read as follows:
Sec. 90.223 RF exposure.
Licensees and manufacturers shall ensure compliance with the
Commission's radio frequency exposure requirements in Sec. Sec.
1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate.
Applications for equipment authorization of mobile or portable devices
operating under this section must contain a statement confirming
compliance with these requirements. Technical information showing the
basis for this statement must be submitted to the Commission upon
request.
Sec. 90.1217 [Removed]
0
36. Section 90.1217 is removed.
PART 95--PERSONAL RADIO SERVICES
0
37. The authority citation for part 95 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307.
0
38. Section 95.2385 is revised to read as follows:
Sec. 95.2385 WMTS RF exposure evaluation.
Mobile and portable devices as defined in Sec. Sec. 2.1091(b) and
2.1093(b) of this chapter operating in the WMTS are subject to radio
frequency radiation exposure requirements as specified in Sec. Sec.
1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate.
Applications for equipment authorization of WMTS devices must contain a
statement confirming compliance with these requirements. Technical
information showing the basis for this statement must be submitted to
the Commission upon request.
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39. Section 95.2585 is revised to read as follows:
Sec. 95.2585 MedRadio RF exposure evaluation.
A MedRadio medical implant device or medical body-worn transmitter
is subject to the radiofrequency radiation exposure requirements
specified in Sec. Sec. 1.1307(b) and 2.1093 of this chapter, as
appropriate. Applications for equipment authorization of devices
operating under this section must demonstrate compliance with these
requirements using either computational modeling or laboratory
measurement techniques. Where a showing is based on computational
modeling, the Commission retains the discretion to request that
supporting documentation and/or specific absorption rate (SAR)
measurement data be submitted, as described in Sec. 2.1093(d)(1) of
this chapter.
PART 97--AMATEUR RADIO SERVICE
0
40. The authority citation for part 97 continues to read as follows:
Authority: 47 U.S.C. 151-155, 301-609, unless otherwise noted.
0
41. Section 97.13 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 97.13 Restrictions on station location.
* * * * *
(c) * * *
(1) The licensee shall ensure compliance with the Commission's
radio frequency exposure requirements in Sec. Sec. 1.1307(b), 2.1091,
and 2.1093 of this chapter, where applicable. In lieu of evaluation
with the general population/uncontrolled exposure limits, amateur
licensees may evaluate their operation with respect to members of his
or her immediate household using the occupational/controlled exposure
limits in Sec. 1.1310, provided appropriate training and information
has been accessed by the amateur licensee and members of his/her
household. RF exposure of other nearby persons who are not members of
the amateur licensee's household must be evaluated with respect to the
general population/uncontrolled exposure limits. Appropriate
methodologies and guidance for evaluating amateur radio service
operation is described in the Office of Engineering and Technology
(OET) Bulletin 65, Supplement B.
* * * * *
PART 101--FIXED MICROWAVE SERVICE
0
42. The authority citation for part 101 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
43. Section 101.1425 is revised to read as follows:
Sec. 101.1425 RF exposure.
MVDDS stations in the 12.2-12.7 GHz frequency band shall ensure
compliance with the Commission's radio frequency exposure requirements
in Sec. 1.1307(b) of this chapter. An Environmental Assessment may be
required if RF radiation from the proposed facilities would, in
combination with radiation from other sources, cause RF power density
or field strength in an accessible area to exceed the applicable limits
specified in Sec. 1.1310 of this chapter.
[FR Doc. 2020-02745 Filed 3-31-20; 8:45 am]
BILLING CODE 6712-01-P