§  2.1091   Radiofrequency radiation exposure evaluation: mobile devices.

   (a) Requirements of this section are a consequence of Commission
   responsibilities under the National Environmental Policy Act to
   evaluate the environmental significance of its actions. See subpart I
   of part 1 of this chapter, in particular § 1.1307(b).

   (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 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 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 λ/4 or if
   the antenna gain is less than that of a half-wave dipole (1.64 linear
   value).
   eCFR graphic er01ap20.006.gif

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   (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.

   (3) If appropriate, awareness of exposure from devices in this section
   can be accomplished by the use of visual advisories (such as labeling,
   embossing, or on an equivalent electronic display) and by providing
   users with information concerning minimum separation distances from
   radiating structures and proper installation of antennas.

   (i) Visual advisories shall be legible and clearly visible to the user
   from the exterior of the device.

   (ii) Visual advisories used on devices that are subject to
   occupational/controlled exposure limits must indicate that the device
   is for occupational use only, must refer the user to specific
   information on RF exposure, such as that provided in a user manual, and
   must note that the advisory and its information is required for FCC RF
   exposure compliance. Such instructional material must provide the user
   with information on how to use the device in order to ensure compliance
   with the occupational/controlled exposure limits.

   (iii) 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.

   (iv) For occupational devices, details of any special training
   requirements pertinent to limiting RF exposure should also be
   submitted. Holders of grants for mobile devices to be used in
   occupational settings are encouraged, but not required, to coordinate
   with end-user organizations to ensure appropriate RF safety training.

   (4) In some cases, e.g., modular or desktop transmitters, the potential
   conditions of use of a device may not allow easy classification of that
   device as either mobile or portable (also see § 2.1093). In such cases,
   applicants are responsible for determining minimum distances for
   compliance for the intended use and installation of the device based on
   evaluation of either specific absorption rate (SAR), field strength or
   power density, whichever is most appropriate.

   [ 61 FR 41017 , Aug. 7, 1996, as amended at  62 FR 4655 , Jan. 31, 1997;  62 FR 9658 , Mar. 3, 1997;  62 FR 47966 , Sept. 12, 1997;  68 FR 38638 , June
   30, 2003;  69 FR 3264 , Jan. 23, 2004;  70 FR 24725 , May 11, 2005;  78 FR 21559 , Apr. 11, 2013;  78 FR 29062 , May 17, 2013;  78 FR 33651 , June 4,
   2013;  80 FR 36221 , June 23, 2015;  81 FR 79936 , Nov. 14, 2016;  82 FR 43870 , Sept. 20, 2017;  84 FR 25689 , June 4, 2019;  85 FR 38739 , June 26,
   2020;  85 FR 18146 , Apr. 1, 2020]