Goto Section: 2.1077 | 2.1093 | Table of Contents
Revised as of September 17, 2020
Goto Year:2020 |
§ 2.1091 Radiofrequency radiation exposure evaluation: mobile devices.
Link to an amendment published at 85 FR 18146 , Apr. 1, 2020.
Link to a correction of the above amendment published at 85 FR 33578 ,
June 2, 2020.
(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, 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 transmitter'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. Transmitting devices designed to be used by
consumers or workers that can be easily re-located, such as wireless
devices associated with a personal computer, are considered to be
mobile devices if they meet the 20 centimeter separation requirement.
(c)(1) Mobile devices that operate in the Commercial Mobile Radio
Services pursuant to part 20 of this chapter; the Cellular
Radiotelephone Service pursuant to part 22 of this chapter; the
Personal Communications Services pursuant to part 24 of this chapter;
the Satellite Communications Services pursuant to part 25 of this
chapter; the Miscellaneous Wireless Communications Services pursuant to
part 27 of this chapter; the Upper Microwave Flexible Use Service
pursuant to part 30 of this chapter; the Maritime Services (ship earth
station devices only) pursuant to part 80 of this chapter; the
Specialized Mobile Radio Service, and the 3650 MHz Wireless Broadband
Service pursuant to part 90 of this chapter; the 76-81 GHz Band Radar
Service pursuant to part 95 of this chapter; and the Citizens Broadband
Radio Service pursuant to part 96 of this chapter are subject to
routine environmental evaluation for RF exposure prior to equipment
authorization or use if:
(i) They operate at frequencies of 1.5 GHz or below and their effective
radiated power (ERP) is 1.5 watts or more, or
(ii) They operate at frequencies above 1.5 GHz and their ERP is 3 watts
(2) Unlicensed personal communications service devices, unlicensed
millimeter-wave devices, and unlicensed NII devices authorized under
§ § 15.255(f), 15.257(g), 15.319(i), and 15.407(f) of this chapter are
also subject to routine environmental evaluation for RF exposure prior
to equipment authorization or use if their ERP is 3 watts or more or if
they meet the definition of a portable device as specified in
§ 2.1093(b) requiring evaluation under the provisions of that section.
(3) All other mobile and unlicensed transmitting devices are
categorically excluded from routine environmental evaluation for RF
exposure prior to equipment authorization or use, except as specified
in § § 1.1307(c) and 1.1307(d) of this chapter.
(4) Applications for equipment authorization of mobile and unlicensed
transmitting devices subject to routine environmental evaluation must
contain a statement confirming compliance with the limits specified in
paragraph (d) of this section. Technical information showing the basis
for this statement must be submitted to the Commission upon request.
(d) The limits to be used for evaluation are specified in § 1.1310 of
this chapter. All unlicensed personal communications service (PCS)
devices and unlicensed NII devices shall be subject to the limits for
general population/uncontrolled exposure.
(1) For purposes of analyzing mobile transmitting devices under the
occupational/controlled criteria specified in § 1.1310 of this chapter,
time-averaging provisions of the guidelines may be used in conjunction
with typical maximum duty factors to determine maximum likely exposure
(2) Time-averaging provisions may not be used in determining typical
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 or duty-cycle of a device is allowed. 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. In general, maximum average power levels must
be used to determine compliance.
(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,
Effective Date Note: At 85 FR 18146 , Apr. 1, 2020, § 2.1091 was amended
by revising paragraphs (b) and (c), removing paragraph (d) introductory
text, and revising paragraphs (d)(1) and (2). At 85 FR 33578 , June 2,
2020, this revision was delayed indefinitely.
Goto Section: 2.1077 | 2.1093
Goto Year: 2020 |
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