Federal Register, Volume 61 Issue 153 (Wednesday, August 7, 1996)

[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Rules and Regulations]
[Pages 41006-41019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20082]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 24 and 97

[ET Docket No. 93-62; FCC 96-326]

Guidelines for Evaluating the Environmental Effects of
Radiofrequency Radiation

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Report and Order (``R&O'') amends the Commission's Rules
to adopt new guidelines and methods for evaluating the environmental
effects of radiofrequency (RF) radiation from FCC-regulated
transmitters, in accordance with The National Environmental Policy Act
(NEPA) of 1969. NEPA requires agencies of the Federal Government to
evaluate the effects of their actions on the quality of the human
environment. To meet the Commission's responsibilities under NEPA, the
Commission has adopted revised RF exposure guidelines for purposes of
evaluating potential environmental effects of RF radiation. The new
guidelines reflect more recent scientific studies of the biological
effects of RF radiation. Use of the new guidelines will ensure that the
public and workers receive adequate protection from exposure to
potentially harmful RF field.

EFFECTIVE DATE: August 6, 1996.

FOR FURTHER INFORMATION CONTACT: FCC RF Safety Program, (202) 418-2422,
Office of Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in ET Docket No. 93-62, FCC 96-326, adopted August 1, 1996
and released August 1, 1996. The complete text of this Report and Order
is available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington,
D.C., and also may be purchased from the Commission's copy contractor,
International Transcription Services, Inc., (202) 857-3800, 2100 M
Street, NW, Suite 140, Washington, DC 20037.

Summary of the Report and Order

1. By this action, we are amending the Commission's Rules to adopt
new guidelines and methods for evaluating the environmental effects of
radiofrequency (RF) radiation from FCC-regulated transmitters. We are
adopting Maximum Permissible Exposure (MPE) limits for electric and
magnetic field strength and power density for transmitters operating at
frequencies from 300 kHz to 100 GHz. Specifically, we are adopting
limits for field strength and power density that are generally based on
Sections 17.4.1 and 17.4.2 and the time-averaging provisions
recommended in Sections 17.4.1.1 and 17.4.3 of ``Biological Effects and
Exposure Criteria for Radiofrequency Electromagnetic Fields,'' NCRP
Report No. 86 (1986), National Council on Radiation Protection and
Measurements (NCRP). With the exception of the limits on exposure to
power density above

[[Page 41007]]

1500 MHz and the limits for exposure to lower frequency magnetic
fields, these MPE limits are also generally based on the guidelines
contained in the RF safety standard developed by the Institute of
Electrical and Electronic Engineers, Inc. (IEEE) and adopted by the
American National Standards Institute (ANSI). See Section 4.1 of ANSI/
IEEE C95.1-1992, ``Safety Levels with Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz''. We are also
adopting limits for localized (``partial body'') absorption that will
apply to certain portable transmitting devices. These guidelines are
based on those recommended by ANSI/IEEE and NCRP. See Sections 4.2.1
and 4.2.2 of ANSI/IEEE C95.1-1992 and Section 17.4.5 of NCRP Report No.
86. We believe that the guidelines we are adopting will protect the
public and workers from exposure to potentially harmful RF fields.
2. In reaching our decision on the adoption of new RF exposure
guidelines we have carefully considered the large number of comments
submitted in this proceeding, and particularly those submitted by the
U. S. Environmental Protection Agency (EPA), the Food and Drug
Administration (FDA) and other federal health and safety agencies. The
new guidelines we are adopting are based primarily on the
recommendations of those agencies, and we believe that these guidelines
represent a consensus view of the federal agencies responsible for
matters relating to the public safety and health.
3. The MPE limits adopted herein are based on exposure criteria
quantified in terms of specific absorption rate (SAR), a measure of the
rate of RF energy absorption. The basis for these limits, as well as
the basis for the 1982 ANSI limits that the Commission previously
specified in our rules, is an SAR limit of 4 watts per kilogram. The
new MPE limits are derived by incorporating safety factors that lead,
in some cases, to limits that are more conservative than the limits
specified by ANSI in 1982. The more conservative limits do not arise
from a fundamental change in the RF safety criteria for SAR, but from a
precautionary desire for more rigor in the derivation of factors which
allow limits for MPE to be derived from SAR limits.
4. This action satisfies the requirements of the Telecommunications
Act of 1996 for a timely resolution of this proceeding. We note that
research and analysis relating to RF safety and health is ongoing, and
changes in recommended exposure limits are possible in the future. In
that regard, we intend to continue our cooperative work with industry
and with the various agencies and organizations with responsibilities
in this area in order to ensure that our guidelines continue to be
appropriate and scientifically valid.
5. Accordingly, it is ordered that Parts 1, 2, 15, 24 and 97 of the
Commission's Rules and Regulations are amended as specified below,
effective August 6, 1996. Section 704(b) of the Telecommunications Act
of 1996 requires that the Commission complete action in this
proceeding, and prescribe and make effective rules regarding the
environmental effects of RF emissions, by no later than August 6, 1996
(180 days after enactment)]. We find that good cause exists, pursuant
to 5 U.S.C. Sec. 553 (d)(3), to make these rules effective upon their
release rather than follow the normal practice of making them effective
30 days after publication in the Federal Register. Congress directed
the Commission to make these rules effective within 180 days. Sec. 704
of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56
(1996) states that ``[w]ithin 180 days after the enactment of this Act,
the Commission shall complete action in ET Docket 93-62 to prescribe
and make effective rules regarding the environmental effects of radio
frequency emissions.'' Unlike other sections of that Act, see, e.g.,
Secs. 251(d)(d)(1), which directs us to ``complete'' action, and Sec.
254(a)(2), which directs us to ``promulgate'' rules, Sec. 704 requires
that the RF exposure guidelines be made effective within the prescribed
180 day time period. Completion of this rule making has required an
extensive amount of work to resolve some extremely complex issues. In
addition, coordination with the various federal agencies pursuant to
the Interdepartmental Radio Advisory Committee has consumed more time
than anticipated. The time required to review the comments, decide on
the best possible guidelines based on the scientific evidence and,
comments and to coordinate that decision with the other agencies has
made it impossible to delay the effective date for 30 days and still
meet the Congressionally imposed deadline. Thus, we have no alternative
but to make these rules effective immediately. The authority for
issuance of this Report and Order is contained in Sections 4(i), 7(a),
303(c), 303(f), 303(g), 303(r), and 332(c)(7) of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f),
303(g), 303(r), and 332(c)(7) , unless otherwise noted.

Final Regulatory Flexibility Analysis

As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. Sec. 603 (RFA), an Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the Notice.^{1 The Commission sought
written public comments on the proposals in the Notice, including on
the IRFA. The Commission's Final Regulatory Flexibility Analysis (FRFA)
in this Report and Order conforms to the RFA, as amended by the
Contract With America Advancement Act of 1996 (CWAAA), Pub. L. No. 104-
121, 110 Stat. 847 (1996).^{2
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\1\ See Notice of Proposed Rule Making, ET Docket No. 93-62, 8
FCC Rcd 2849 (1993), 58 FR 19393 (April 14, 1993).
\2\ Subtitle II of the CWAAA is ``The Small Business Regulatory
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.
Sec. 601 et seq.
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I. Need for and Purpose of this Action:

The National Environmental Policy Act (NEPA) of 1969 requires
agencies of the Federal Government to evaluate the effects of their
actions on the quality of the human environment. To meet its
responsibilities under NEPA, the Commission has adopted revised RF
exposure guidelines for purposes of evaluating potential environmental
effects of RF radiation from FCC-regulated facilities. The new
guidelines reflect more recent scientific studies of the biological
effects of RF radiation. Use of these new guidelines will ensure that
the public and workers receive adequate protection from exposure to
potentially harmful RF field.

II. Summary of Issues Raised by the Public Comments in Response to the
Initial Regulatory Flexibility Analysis

No comments were filed in direct response to the IRFA. In general
comments on the Notice, however, some commenters raised issues that
might affect small entities. In particular, some commenters argued that
the cost of complying with the radio frequency (RF) limits could be
overly burdensome, and this could negatively impact small businesses.
They express concern that the cost of testing, with respect to devices
operating in close proximity to the body, is extremely expensive and
obtaining testing equipment could be difficult for small businesses.
For example, the National Association of Business and Educational
Radio, Inc. (NABER) encourages us to categorically exclude land mobile
transmitters, expressing concern that if categorical exclusions for
land mobile services are eliminated, manufacturers would have to
institute unnecessary and costly

[[Page 41008]]

testing.^{3 They also request that we limit the amount of paperwork
that is necessary for demonstrating compliance with the limits. In
particular, the Broadcast Joint Commenters suggest that additional
paperwork should not be required to establish compliance with the new
policies because it would be needlessly burdensome to the broadcasters
and to the Mass Media Bureau.^{4 As discussed in Section V of this
FRFA, we have attempted to address these concerns.
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\3\ NABER Comments at 5-6.
\4\ Broadcast Joint Commenters Reply Comments at 39-40.
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III. Description and estimate of the Small Entities Subject to the
Rules:

The rules in this Report and Order will apply to the following
twelve industry categories and services. The RFA generally defines the
term ``small business'' as having the same meaning as the term ``small
business concern'' under the Small Business Act, 15 U.S.C. Sec. 632.
Based on that statutory provision, we will consider a small business
concern one which (1) is independently owned and operated; (2) is not
dominant in its field of operation; and (3) satisfies any additional
criteria established by the Small Business Administration (SBA). The
RFA SBREFA provisions also apply to nonprofit organizations and to
governmental organizations. Since the Regulatory Flexibility Act
amendments were not in effect until the record in this proceeding was
closed, the Commission was unable to request information regarding the
number of small business within each of these services or the number of
small business that would be affected by this action. We have, however,
made estimates based on our knowledge about applications that have been
submitted in the past. To the extent that a government entity may be a
licensee or an applicant, the impact on those entities is included in
the estimates for small businesses below.
As discussed below, under the rules we are adopting many radio
services are categorically excluded from having to determine compliance
with the new RF radiation limits that are being adopted. This exclusion
is based on a determination that there is little potential for these
services causing exposures in excess of the limits. Within the services
below, many transmitting facilities are also categorically excluded
based on antenna location and power. These categorical exclusions
significantly reduce the burden associated with these rules, and may
reduce the impact of these rules on small businesses.
A. Radiofrequency Devices
The radiofrequency devices affected by this rulemaking are low
power, unlicensed transmitters that will be used to provide, on
millimeter wave frequencies, a variety of services, including vehicle
collision avoidance and high data rate/short range wireless data
communications. Unlicensed personal communications service (PCS)
transmitters are also radiofrequency devices. Radiofrequency devices
are subject to compliance with the new RF radiation requirements at the
time of equipment authorization. Therefore, it will be the equipment
manufacturers and importers who will be affected by this action.
We expect most of the firms that would be interested in producing
millimeter wave and unlicensed PCS devices will be large businesses. We
note that Ford Motor and Hewlett Packard have expressed interest in
millimeter wave devices and filed comments in this proceeding. In
addition, Motorola and Ericsson Corporate, both large equipment
manufacturers, have expressed interest in manufacturing unlicensed PCS
devices. Nevertheless, it is conceivable that small businesses will
also want to manufacture these devices.
The Commission has not developed a definition of small entities
applicable to radiofrequency devices. Therefore, the applicable
definition of small entity is the definition under the SBA applicable
to the ``Communications Services, Not Elsewhere'' category. A small
millimeter wave device or unlicensed PCS entity under this definition
is one with less than $11.0 million in annual receipts.^{5
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\5\ 13 CFR Sec. 121.201, Standard Industrial Classification
(SIC) Code 4899.
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The Commission has not yet authorized any millimeter wave devices,
and has authorized fewer than ten unlicensed PCS devices. Both these
services are new, so we really don't know how many applications for
equipment authorization we may receive, nor how many small
manufacturers may be interested in producing these products. Since the
Regulatory Flexibility Act amendments were not in effect until the
record in this proceeding was closed, the Commission was unable to
request information regarding the number of small businesses in this
category. The Census Bureau estimates indicate that of the 848 firms in
the ``Communications Services, Not Elsewhere'' category, 775 are small
businesses. Based on this information, as well as our past experience
in granting equipment authorization for other types of radiofrequency
devices, we estimate that 50 percent of the applications for millimeter
wave and unlicensed PCS devices will be from small businesses.
The Commission anticipates that approximately 30 applications will
be filed annually for devices that operate in the millimeter band and
unlicensed PCS spectrum. All of these applications will require an
initial determination of compliance with our new RF guidelines. Of
these devices, ten will require specific absorption rate (SAR) modeling
or measurement, which adds cost to the authorization process.
B. Cellular Radio Telephone Service
The Commission has not developed a definition of small entities
applicable to cellular licensees. Therefore, the applicable definition
of small entity is the definition under the Small Business
Administration (SBA) rules applicable to radiotelephone companies. This
definition provides that a small entity is a radiotelephone company
employing fewer than 1,500 persons.^{6 Since the Regulatory
Flexibility Act amendments were not in effect until the record in this
proceeding was closed, the Commission was unable to request information
regarding the number of small cellular businesses and is unable at this
time to make a precise estimate of the number of cellular firms which
are small businesses.
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\6\ 13 C.F.R. Sec. 121.201, Standard Industrial Classification
(SIC) Code 4812.
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The size data provided by the SBA does not enable us to make a
meaningful estimate of the number of cellular providers which are small
entities because it combines all radiotelephone companies with 500 or
more employees.^{7 We therefore used the 1992 Census of
Transportation, Communications, and Utilities, conducted by the Bureau
of the Census, which is the most recent information available. That
census shows that only 12 radiotelephone firms out of a total of 1,178
such firms which operated during 1992 had 1,000 or more
employees.^{8 Therefore, even if all 12 of these large firms were
cellular telephone

[[Page 41009]]

companies, all of the remainder were small businesses under the SBA's
definition. We assume that, for purposes of our evaluations and
conclusions in the Final Regulatory Flexibility Analysis, all of the
current cellular licensees are small entities, as that term is defined
by the SBA. Although there are 1,758 cellular licenses, we do not know
the number of cellular licensees, since a cellular licensee may own
several licenses.
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\7\ U.S. Small Business Administration 1992 Economic Census
Employment Report, Bureau of the Census, U.S. Department of
Commerce, SIC Code 4812 (radiotelephone communications industry data
adopted by the SBA Office of Advocacy).
\8\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992
Census of Transportation, Communications, and Utilities, UC92-S-1,
Subject Series, Establishment and Firm Size, Table 5, Employment
Size of Firms: 1992, SIC Code 4812 (issued May 1995).
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We assume that all of the current rural cellular licensees are
small businesses. Comments filed by small business associations, the
Organization for the Protection and Advancement of Small Telephone
Companies (OPASTCO), state that \2/3\ of its 440 members provide
cellular service,^{9 and comments filed by the Rural Cellular
Association (RCA) state that its members serve 80 cellular service
areas.^{10 We recognize that these numbers represent only part of
the current rural cellular licensees because there might be other rural
companies not represented by either association.
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\9\ OPASTCO Comments at 1-2 (filed January 9, 1995).
\10\ RCA Comments at 2 (filed January 9, 1995).
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The rules we are adopting generally require cellular stations to
make a determination, through calculation or measurement, as to whether
a transmitter facility will comply with the RF radiation exposure
limits. If the facility does not comply with the limits, then the
applicant (for a new license, a modification, or a renewal of an
existing license) must file an Environmental Assessment (EA) pursuant
to the National Environment Policy Act. The vast majority of applicants
will find their facilities in compliance with the limits, or take steps
such as controlling access around the transmitting facility, and will
only need to indicate on their application that they comply with the
limits. Many cellular transmission facilities are categorically
exempted from making a compliance determination based on power and/or
antenna height. The Commission processes roughly 700 applications for
cellular transmitters facilities, involving 7,000 site locations, per
year. Approximately 2,800 transmitting facilities will exceed
categorical exclusion criteria and will require a determination of
compliance with our new guidelines, based on calculations or
measurements.
Manufacturers of mobile and portable cellular transmitters will
have to make measurements, or in some cases calculations, as a
condition for equipment authorization. Many of these manufacturers are
likely to be the same as those that will manufacture unlicensed PCS
transmitters, as discussed in the radiofrequency device category above.
Based on the information presented for radiofrequency devices, as well
as our past experience in granting equipment authorization for other
types of radiofrequency devices, we estimate that 50 percent of the
applications for cellular telephones will be from small businesses. It
is estimated that 200 mobile and portable cellular transmitters will
require authorization per year.
C. Personal Communications Service
The broadband PCS spectrum is divided into six frequency blocks
designated A through F. Pursuant to 47 C.F.R. Sec. 24.720(b), the
Commission has defined ``small entity'' for Blocks C and F licensees as
firms that had average gross revenues of less than $40 million in the
three previous calendar years. This regulation defining `''small
entity'' in the context of broadband PCS auctions has been approved by
the SBA.^{11
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\11\ See Implementation of Section 309(j) of the Communications
Act--Competitive Bidding, PP Docket No. 93-253, Fifth Report and
Order, 9 FCC Rcd 5532, 5581-84 (1994), 59 FR 37566 (July 22, 1994).
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The Commission has auctioned broadband PCS licenses in Blocks A, B,
and C. We do not have sufficient data to determine how many small
businesses under the Commission's definition bid successfully for
licenses in Blocks A and B. As of now, there are 90 non-defaulting
winning bidders that qualify as small entities in the Block C auction.
Based on this information, we conclude that the number of broadband PCS
licensees affected by the rule adopted in this Report and Order
includes the 90 non-defaulting winning bidders that qualify as small
entities in the Block C broadband PCS auction.
At present, no licenses have been awarded for Blocks D, E, and F
for spectrum. Therefore, there are no small businesses currently
providing these services. However, a total of 1,479 licenses will be
awarded in the D, E, and F Block broadband PCS auctions, which are
scheduled to begin on August 26, 1996. Eligibility for the 493 F Block
licensees is limited to ``entrepreneurs'' with the average gross
revenues of less than $125 million. However, we cannot estimate how
many small businesses under the Commission's definition will win F
Block licenses, or D and E Block licenses. Given the facts that nearly
all radiotelephone companies have fewer than 1,000 employees and that
no reliable estimate of the number of prospective D, E, and F Block
licensees can be made, we assume, for purposes of our evaluations and
conclusions in this FRFA, that all of the licenses will be awarded to
small entities, as that term is defined by the SBA.
After all PCS licenses have been issued, the Commission expects to
receive approximately 1,000 applications per year involving 10,000
sites. We anticipate that 3000 sites will not meet the categorical
exclusion criteria and will involve a determination of compliance with
the RF exposure guidelines.
As in the case of cellular telephones, mobile and portable PCS
transmitters will have to undergo measurement or modeling to determine
compliance with the RF radiation limits as a condition of equipment
authorization. Again, we estimate that 50% of the manufacturers will be
small businesses. Although we have authorized fewer than ten PCS
transmitters, it is estimated that eventually 50 of such devices will
be authorized each year.
D. Private Land Mobile Radio Services, Specialized Mobile Radio
Pursuant to 47 C.F.R. Sec. 90.814(b)(1), the Commission has defined
``small entity'' for geographic area 800 MHz and 900 MHz SMR licenses
as firms that had average gross revenues of less than $15 million in
the three previous calendar years. This regulation defining ``small
entity'' in the context of 800 MHz and 900 MHz SMR has been approved by
the SBA.^{12
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\12\ See Amendment of Parts 2 and 90 of the Commission's Rules
to Provide for the Use of 200 Channels Outside the Designated Filing
Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the
Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Order on
Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, 2693-
702 (1995), 60 FR 48913 September 21, 1995 Amendment of Part 90 of
the Commission's Rules to Facilitate Future Development of SMR
Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, First
Report and Order, Eighth Report and Order, and Second Further Notice
of Proposed Rulemaking, 11 FCC Rcd 1463 (1995), 61 FR 6212, February
16, 1996.
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The rule adopted in this Report and Order applies to SMR providers
in the 800 MHz and 900 MHz bands that either hold geographic area
licenses or have obtained extended implementation authorizations. We do
not know how many firms provide 800 MHz or 900 MHz geographic area SMR
service pursuant to extended implementation authorizations, nor how
many of these providers have annual revenues of less than $15 million.
Since the Regulatory Flexibility Act amendments were not in effect
until the record in this proceeding was closed, the Commission was
unable

[[Page 41010]]

to request information regarding the number of small businesses in this
category. We do know that one of these firms has over $15 million in
revenues. We assume, for purposes of our evaluations and conclusions in
this FRFA, that the remaining existing extended implementation
authorizations may be held by small entities, as that term is defined
by the SBA.
The Commission recently held auctions for geographic area licenses
in the 900 MHz SMR band. There were 60 winning bidders who qualified as
small entities under the Commission's definition in the 900 MHz
auction. Based on this information, we conclude that the number of
geographic area SMR licensees affected by the rule adopted in this
Report and Order includes these 60 small entities.
No auctions have been held for 800 MHz geographic area SMR
licenses. Therefore, no small entities currently hold these licenses. A
total of 525 licenses will be awarded for the upper 200 channels in the
800 MHz geographic area SMR auction. However, the Commission has not
yet determined how many licenses will be awarded for the lower 230
channels in the 800 MHz geographic area SMR auction. There is no basis
to estimate, moreover, how many small entities within the SBA's
definition will win these licenses. Given the facts that nearly all
radiotelephone companies have fewer than 1,000 employees and that no
reliable estimate of the number of prospective 800 MHz licensees can be
made, we assume, for purposes of our evaluations and conclusions in
this FRFA, that all of the licenses will be awarded to small entities,
as that term is defined by the SBA.
The Commission receives about 3,000 applications for covered SMR
transmitters facilities per year. Approximately 1,000 transmitters will
exceed categorical exclusion criteria and will require a determination
of compliance. In addition, as in the case of cellular telephones and
PCS, mobile and portable covered SMR transmitters will have to undergo
measurement or modeling to determine compliance with MPE and/or SAR
requirements. It is estimated that 200 of such devices will require
authorization per year.
E. Satellite Communications Services
The Commission has not developed a definition of small entities
applicable to satellite communications licensees. Therefore, the
applicable definition of small entity is the definition under the Small
Business Administration (SBA) rules applicable to radiotelephone
companies. This definition provides that a small entity is a
radiotelephone company employing fewer than 1,500 persons.
Satellite systems authorized by the Commission can be divided into
the following categories: mobile satellite service (MSS) non-
geostationary satellite orbit (NGSO) (low or medium orbit satellites);
mobile satellite service geostationary; mobile satellite service ship
stations; and fixed satellite service.
In the MSS NGSO category the commission has divided its spectrum
allocation into small and large NGSO. In the small NGSO or small low
Earth-orbit (LEO) satellite service there are three existing and three
pending or further licensees, all of which may be considered small
business entities in the context of this analysis. These licensees are
authorized in the VHF/UHF bands.
In the large LEO MSS category of MSS NGSO there are three existing
licensees and three pending or future licensees in the 1.6/2.5 GHz
band. The three existing are probably not small business entities and
the three pending are probably small business entities. In the category
of geostationary MSS the Commission has licensed one consortium, in the
1.5/1.6 GHz band, that comprises many small business entities.
The fixed satellite service (FSS) has generally been authorized in
the 4/6 and 11/12 GHz band. There are three FSS licensees, that serve
domestic US markets, none of which are small business entities. There
are also two licensees serving international markets with FSS
authorizations and these entities may be considered small business
entities.
It should be noted that in most of the satellite areas discussed
above the Commission issues one license to an entity but generally
issues blanket license authority for thousands or even hundreds of
thousands of earth stations or hand held transceivers. In this analysis
we have considered satellite companies that have less than 1500
employees to be small business entities. Therefore, we are concluding
that small business entities are largely affected by this proceeding in
the satellite area.
The Commission receives about 600 applications for satellite
facilities per year. All applicants must make a determination of
compliance with the limits, based on calculations or measurements.
F. Radio Broadcast Service
The SBA has defined small radio broadcast service entities based on
their ``annual receipts'' specifically in 13 CFR Sec. 104, and its
calculations include an averaging process. We do not currently require
submission of financial data from licensees that we could use to apply
the SBA's definition of a small business. Thus, for purposes of
estimating the number of small entities to which the rules apply, we
are limited to considering the revenue data that are publicly
available, and the revenue data on which we rely may not correspond
completely with the SBA definition of annual receipts.
Under SBA criteria for determining annual receipts, if a concern
has acquired an affiliate or been acquired as an affiliate during the
applicable averaging period for determining annual receipts, the annual
receipts in determining size status include the receipts of both firms.
13 CFR. Sec. 121.104(d)(1). The SBA defines affiliation in 13 CFR.
Sec. 121.103. While the Commission refers to an affiliate generally as
a station affiliated with a network, the SBA's definition of affiliate
is analogous to our attribution rules. Generally, under the SBA's
definition, concerns are affiliates of each other when one concern
controls or has the power to control the other, or a third party or
parties controls or has the power to control both. 13 CFR.
Sec. 121.103(a)(1). The SBA considers factors such as ownership,
management, previous relationships with or ties to another concern, and
contractual relationships, in determining whether affiliation exists.
13 CFR. Sec. 121.103(a)(2). Instead of making an independent
determination of whether radio and television stations were affiliated
based on SBA's definitions, we relied on the data bases available to us
to afford us that information.
We have performed a study based on the data contained in the BIA
Publications, Inc. Master Access Television Analyzer Database, which
lists a total of 1,141 full-power commercial television stations. Low
Power Television (LPTV) Stations and translator stations are discussed
in paragraph H below. It should be noted that the percentage figures
derived from the data base may be underinclusive because the data base
does not list revenue estimates for noncommercial educational stations,
and these are therefore excluded from our calculations based on the
data base. Non-commercial stations are subject to the requirements
adopted in the Report and Order. The data indicate that, based on 1995
revenue estimates, 440 full-power commercial television stations had an
estimated revenue of 10.5 million dollars or less. That represents 54
percent of commercial television stations with revenue estimates listed
in the BIA program. The data base does not

[[Page 41011]]

list estimated revenues for 331 stations. Using an extreme scenario, if
those 331 stations for which no revenue is listed are counted as small
stations, there would be a total of 771 stations with an estimated
revenue of 10.5 million dollars or less, representing approximately 68
percent of the 1,141 commercial television stations listed in the BIA
data base.
Alternatively, if we look at owners of commercial television
stations as listed in the BIA data base, there are a total of 488
owners. The data base lists estimated revenues for 60 percent of these
owners, or 295. Of these 295 owners, 156 or 53 percent had annual
revenues of less than $10.5 million. Using an extreme scenario, if the
193 owners for which revenue is not listed are assumed to be small, the
total of small entities would constitute 72 percent of owners.
In summary, based on the foregoing extreme analysis using census
data, we estimate that our rules will apply to as many as 1,150
commercial and non-commercial television stations (78 percent of all
stations) that could be classified as small entities. Using the extreme
analysis based on the data in the BIA data base, we estimate that as
many as approximately 771 commercial television stations (about 68
percent of all commercial televisions stations) could be classified as
small entities. As we noted above, these estimates are based on a
definition that we believe greatly overstates the number of television
broadcasters that are small businesses. Further, it should be noted
that under the SBA's definitions, revenues of affiliates that are not
television stations should be aggregated with the television station
revenues in determining whether a concern is small. The estimates
overstate the number of small entities since the revenue figures on
which they are based do not include or aggregate such revenues from
non-television affiliated companies.
In addition, according to the SBA's regulations, a radio
broadcasting station must have annual gross receipts of $5.0 million or
less in order to qualify as a small business concern.\13\ There are
approximately 10,250 commercial radio broadcasting stations and 1,810
noncommercial radio broadcast stations of all sizes in the nation, with
approximately 5,200 different commercial licensees. For the same
reasons as above, the exact number of small radio broadcasting entities
to which the elimination of the rule will apply is unknown. Based on
1996 revenue estimates, the BIA Publications, Inc. Master Access
Analyzer Database indicates that 3,314 commercial radio stations had an
estimated revenue of $5.0 million or less. That represents
approximately 32 percent of commercial radio stations with revenue
estimates listed in the BIA program. The data base does not list
estimated revenue for 6,571 stations. Using the most extreme scenario,
if those 6,571 stations for which no revenue estimates is listed are
counted as small stations, there would be a total of 9,885 stations
with an estimated revenue of $5.0 or less, representing approximately
96 percent of the 10,257 commercial radio stations listed in the BIA
data base.
---------------------------------------------------------------------------

\13\ 13 CFR. Sec. 121.201.
---------------------------------------------------------------------------

Alternatively, if we look at owners of commercial radio stations as
listed in the BIA data base, there are a total of 5,207 owners. The
data base lists estimated revenues for 29 percent of these owners, or
1,532. Of these 1,532 owners, 1,344 or 88 percent had annual revenue of
less than $5.0 million. Using the most extreme scenario, if the 3,675
owners for which revenue estimates are not listed are assumed to be
small businesses, then the total of small entities would constitute 96
percent of commercial radio station owners. Further, many noncommercial
radio broadcasters are considered to be small entities. Thus, a large
number of licensees of radio broadcast facilities of several types
(commercial AM, commercial FM, and noncommercial FM stations) could
benefit from the rule amendment herein adopted.
The Commission receives about 1,800 applications for broadcast
facilities per year. All applicants must make a determination of
compliance with the limits, either by calculation or measurement.
G. Stations in the Maritime Services
This item would require licensees and applicants for ship satellite
earth terminals to make a determination of compliance with the new RF
radiation requirements. The Commission has not developed a definition
of small entities applicable to ship satellite earth station licensees.
Therefore, the applicable definition of small entity is the definition
under the Small Business Administration (SBA) rules applicable to
radiotelephone companies. This definition provides that a small entity
is a radiotelephone company employing fewer than 1,500 persons.
Ship MSS is similar to geostationary MSS, as discussed above,
except that earth stations are aboard maritime vessels rather than
traditional earth stations in the MSS. In the area of ship MSS the
Commission has two pending licensees for operation of the satellite
service, one of which can be considered small business.
The Commission receives about 272 applications for ship earth
stations per year. All applicants must make a determination of
compliance with the new RF radiation limits.
H. Experimental, Auxiliary, and Special Broadcast and Other Program
Distribution Services
This service involves a variety of transmitters, generally used to
relay broadcast programming to the public (through translator and
booster stations) or within the program distribution chain (from a
remote news gathering unit back to the station). It also includes
Instructional Television Fixed Service stations, which are used to
relay programming to the home or office, similar to that provided by
cable television systems. The Commission has not developed a definition
of small entities applicable to broadcast auxiliary licensees.
Therefore, the applicable definition of small entity is the definition
under the Small Business Administration (SBA) rules applicable to
radiotelephone companies. This definition provides that a small entity
is a radiotelephone company employing fewer than 1,500 persons.
There are currently 2,637 FM translators and boosters, 4,910 TV
translators, and 1,903 Low Power TV stations which will be affected by
the new requirements.\14\ There are also 2,032 ITFS licensees. The FCC
does not collect financial information on any broadcast facility and
the Department of Commerce does not collect financial information on
these auxiliary broadcast facilities. We believe, however, that most,
if not all, of these auxiliary facilities, including Low Power TV
stations, could be classified as small businesses by themselves. We
also recognize that most translators and boosters are owned by a parent
station which, in some cases, would be covered by the revenue
definition of small business entity discussed above. These stations
would likely have annual revenues that exceed the SBA maximum to be
designated as a small business (either $5 million for a radio station
or $10.5 million for a TV station). As we indicated earlier, 96% of
radio stations and 78% of TV stations are designated as small.
---------------------------------------------------------------------------

\14\ FCC news release, Broadcast Station Totals as of June 30,
1996, released July 10, 1996.
---------------------------------------------------------------------------

The approximate number of annual applications processed by the
Commission for this service is 1,032. All of these applications would
be required to have a determination made regarding

[[Page 41012]]

compliance with the new RF radiation limits.
I. Multipoint Distribution Service (MDS)
This service involves a variety of transmitters, which are used to
relay programming to the home or office, similar to that provided by
cable television systems. The Commission has not developed a definition
of small entities applicable to MDS licensees. Therefore, the
applicable definition of small entity is the definition under the Small
Business Administration (SBA) rules applicable to radiotelephone
companies. This definition provides that a small entity is a
radiotelephone company employing fewer than 1,500 persons. There are
1,800 MDS stations currently licensed and 500 applications for
additional channels.
The approximate number of annual applications processed by the
Commission for MDS is 900. It is estimated that of the 900 processed,
only 113 will not meet the categorical exclusion criteria and have to
make a determination of compliance with the RF radiation limits.
J. Paging and Radiotelephone Service, and Private Land Mobile Radio
Services, Paging Operations
Since the Commission has not yet approved a definition for paging
services, we will utilize the SBA's definition applicable to
radiotelephone companies, i.e., an entity employing less than 1,500
persons.
The Commission anticipates that a total of 15,531 non-nationwide
geographic area licenses will be granted or auctioned. The geographic
area licenses will consist of 3,050 MTA licenses and 12,481 EA
licenses. In addition to the 47 Rand McNally MTAs, the Commission is
licensing Alaska as a separate MTA and adding three MTAs for the U.S.
territories, for a total of 51 MTAs. No auctions of paging licenses has
been held yet, and there is no basis to determine the number of
licenses that will be awarded to small entities. Given the fact that
nearly all radiotelephone companies have fewer than 1,000 employees,
and that no reliable estimate of the number of prospective paging
licensees can be made, we assume, for purposes of this FRFA, that all
the 15,531 geographic area paging licenses will be awarded to small
entities, as that term is defined by the Small Business Administration
(SBA).
We estimate that the approximately 600 current paging carriers
could take the opportunity to partition and or/ disaggregate a license
to obtain an additional license through partitioning or disaggregation.
We estimate that up to 48,393 licensees or potential licensees could
take the opportunity to partition and/or disaggregate a license or
obtain a license through partitioning or disaggregation. This number is
based on the total estimate of paging carriers (approximately 600) and
non-nationwide geographic area licenses to be awarded (15,531) and our
estimate that each license will probably not be partitioned and/or
disaggrageted to no more than three parties. Given the fact that nearly
all radiotelephone companies have fewer than 1,000 employees, and that
no reliable estimate of the number of future paging licensees can be
made, we assume for purposes of this FRFA that all of the licensees
will be awarded to small businesses. We believe that it is possible
that a significant number of up to approximately 48,393 licensees or
potential licensees who could take the opportunity to partition and/or
disaggregate a license or who could obtain a license through
partitioning and/or disaggregation will be a small business.
The Commission receives about 10,000 applications for paging
facilities per year. Approximately 1,176 transmitters will exceed
categorical exclusion criteria and will require a determination of
compliance with the new guidelines, either by measurement or
calculation.
K. Experimental Radio Service
The Commission has not developed a definition of small entities
applicable to experimental licensees. Therefore, the applicable
definition of small entity is the definition under the Small Business
Administration (SBA) rules applicable to radiotelephone companies. This
definition provides that a small entity is a radiotelephone company
employing fewer than 1,500 persons.^{15 Since the Regulatory
Flexibility Act amendments were not in effect until the record in this
proceeding was closed, the Commission was unable to request information
regarding the number of small experimental radio businesses and is
unable at this time to make a precise estimate of the number of
Experimental Radio Services which are small businesses.
---------------------------------------------------------------------------

\15\ 13 C.F.R. Sec. 121.201, Standard Industrial Classification
(SIC) Code 4812.
---------------------------------------------------------------------------

The majority of experimental licenses are issued to companies such
as Motorola and Department of Defense contractors such as Northrop,
Lockheed and Martin Marietta. Businesses such as these may have as many
as 200 licenses at one time. The majority of these applications, 70
percent, are from entities such as these. Given this fact, the
remaining 30 percent of applications, we assume, for purposes of our
evaluations and conclusions in this FRFA, will be awarded to small
entities, as that term is defined by the SBA.
The Commission processes approximately 1,000 applications a year
for experimental radio operations. About half or 500 of these are
renewals and the other half are for new licenses. Approximately 500 of
these applications will be required to make an initial determination of
compliance with our new RF guidelines.
IV. Summary of Projected Reporting, Recordkeeping and Other Compliance
Requirements:
Applicants that are subject to the new RF radiation guidelines
(i.e., not categorically excluded), are required to make a statement on
any application filed with the Commission indicating that they comply
with the RF radiation limits. Technical information supporting that
statement must be retained by the applicant, and provided to the
Commission upon request. In some cases, the applicant will be able to
determine compliance by making calculations or reading applicable
literature, including OST Bulletin No. 65. In other cases, detailed
measurements of the transmitting facility may be necessary. In
addition, steps to control access to the facility, such as warning
signs or fences, may be required. Manufacturers of radio transmitting
equipment will, as indicated above, need to make MPE and/or SAR
measurements that will need to form part of the manufacturer's records
for equipment authorization.

Reporting

Reporting requirements are limited to certain classes of applicants
and licensees for which the potential for human exposure to RF
emissions is the greatest. Most applicants and licensees are
categorically excluded from routinely evaluating their facilities,
operations or transmitters for compliance with the new RF exposure
guidelines. The National Environmental Policy Act (NEPA), upon which
our rules are based, allows ``categorical exclusion'' of large classes
of actions that generally do not provide an opportunity for causing
significant environmental impact, such as would result from human
exposure to RF emissions in excess of the guidelines. In this case, the
``actions'' excluded are the granting of Commission applications and
authorizations. Therefore, we are categorically excluding many
applications submitted to the

[[Page 41013]]

Commission from routine evaluation for compliance with the RF
guidelines. This exclusion significantly limits burden on our
regulatees, including many small businesses. The category exclusions
apply to all radio services except those listed in section IV above and
the radio amateur service. This means, for example, that all land
mobile and public safety two-way systems are categorically excluded.
Applicants in services that are not categorically excluded may also
be categorically excluded from determining compliance based on antenna
location or station power. Applicants who are not categorically
excluded are required to make a statement on certain application forms
filed with the Commission indicating whether they comply with our
environmental rules. This action by a licensee or applicant is the
primary reporting requirement. In addition, supporting information
(such as measurement data, site drawings, and calculations) may be
requested, in certain cases, to justify the statement made on a
Commission form.

Recordkeeping

The Commission has no specific recordkeeping requirements related
to compliance with the RF exposure guidelines. This has not changed
from the rules previously in place regarding compliance with RF
exposure guidelines. The Commission does reserve the right to request
information supporting the answer an applicant gives on a form. Such
information would normally be technical in nature and could involve a
report of calculations performed or measurements made to determine
compliance. Therefore, many applicants and licensees may keep
information related to their compliance on file in some form for their
own records. The Commission provides applicants with guidance on
performing calculations or measurements through its OST Bulletin No.
65, which is being updated to reflect the new guidelines. In many
cases, an applicant or licensee can easily use this bulletin to
determine compliance through the use of charts, figures and tables.
This largely eliminates the need for keeping a detailed analytic report
in many cases. Manufacturers of equipment who are required to evaluate
portable or mobile devices would likely have to perform more detailed
analysis and keep on file a specific technical report for review by the
Commission if requested. Also, in a few cases involving multiple
transmitters at large antenna farms detailed measurement studies may be
necessary. Reports of such studies would be retained by an applicant to
provide evidence of compliance if required.

Other Compliance Requirements

As was true for the previous rules, there are no specific
compliance requirements, as such. Under the Commission's NEPA rules,
applicants and licensees are required to submit an Environmental
Assessment (EA) if they do not comply with our RF exposure guidelines
(47 CFR Sec. 1.1311). An EA is a detailed accounting of the
consequences created by a specific action that may have a significant
environmental impact, in this case a Commission authorization of a
transmitter or facility that exceeds the RF guidelines. An EA would be
evaluated by the Commission to determine whether the authorization
should be granted in view of the environmental impact. In reality, this
leads to a de facto compliance requirement, since most applicants and
licensees who are not categorically excluded (see above) undertake
measures to ensure compliance before submitting an application in order
to avoid the preparation of a costly and time-consuming EA. For this
reason EAs are rarely filed with the Commission. This has not changed
from the existing rules. As for determining compliance, as mentioned
above, the Commission provides applicants with specific guidance in the
form of a technical bulletin. This bulletin is designed to minimize the
effort and burden required by an applicant to determine compliance with
the guidelines prior to submitting an application. Many options are
available for ensuring compliance, including restricting access to an
area where high RF levels exist, using warning signs or fences to
provide notice of potential RF exposure, use or protective shielding or
warning devices, reduction of power when people are in high RF areas
and, in the case of portable and mobile devices, designing devices to
minimize RF absorption in the body of the user.

Skills Needed to Meet Requirements

If a station is not categorically excluded, then the licensee or
applicant must make a determination of whether the station will comply
with the RF radiation limits. This study can be done by calculation or
measurement, depending upon the situation. The calculations can be done
in many cases by a radio technician or engineer familiar with radio
propagation. If measurements are necessary, then a radio technician or
engineer will also be required.
The applicant must indicate on its application that it meets the
NEPA requirements and, therefore, does not exceed the RF radiation
limits. This is usually done by checking a box on a form, which can be
done by a clerical person.

V. Steps Taken to Minimize the Economic Impact on Small Entities

The Commission has made every effort to devise ways to minimize the
impact of the new RF limits on small entities, while protecting the
health and safety of the public. However, we have incorporated
sufficient flexibility in the procedures to make compliance as
minimally burdensome as possible. We have taken the following steps to
ease the impact on small businesses.
1. The Commission has created a categorical exclusion that requires
only those transmitters that appear to have the highest potential to
create a significant environmental effect to perform an environmental
evaluation.
2. The Commission will revise OST Bulletin No. 65 to provide
guidance for determining compliance with FCC-specified RF limits. This
should be of particular assistance to small businesses since it will
provide straightforward information that should allow a quick
understanding of the requirements and a quick assessment of the
potential for compliance problems without the need for an expensive
consultant or measurement.
3. The Commission allows various methods for ensuring compliance
with RF limits such as fencing, warning signs, labels, and markings,
locked doors in roof-top areas, and the use of personal monitors and RF
protective clothing in an occupational environment.
4. The Commission has rejected its initial proposal to adopt
induced and contact currents limits due to the lack of reliable
equipment available.
5. The Commission has specified a variety of acceptable testing
methods and procedures that may be used to determine compliance. This
will allow each small business to choose a procedure that best meets
its needs in the manner that is least burdensome to it.
6. The Commission has always allowed multiple transmitter sites,
i.e., antenna farms, to pool their resources and have only one study
done for the entire site. This is very common at sites that have
multiple entities such as TV, FM, paging, cellular, etc. In most
circumstances, rather than each licensee hiring a separate consultant
and submitting a study showing their compliance with the guidelines,
one

[[Page 41014]]

consulting radio technician or radio engineer can be hired by the group
of licensees. The consultant surveys the entire site for compliance and
gives his recommendations and findings to each of the licensees at the
site. The licensees can then use the findings to show their compliance
with the guidelines. In this way the cost of compliance is minimized as
no one licensee has to pay the entire consulting fee, rather just a
portion of it.
The Commission has determined cost of performing an environmental
evaluation is minimal for 87 percent of the businesses required to
determine compliance. In normal situations, an environmental evaluation
can be performed within 1 hour or less with the use of the revised OST
Bulletin No. 65, ``Evaluating Compliance With FCC-Specified Guidelines
for Human Exposure to Radio Frequency Radiation.'' In situations
involving devices intended to be used in close proximity to the body,
only PCS, cellular, and SMR portable and mobile devices will be
required to evaluate compliance under the Commission's equipment
authorization process.

Report to Congress

The Commission shall send a copy of this Final Regulatory
Flexibility Analysis, along with this Report and Order, in a report to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996, 5 U.S.C. Sec. 801(a)(1)(A). A copy of this FRFA will also
be published in the Federal Register.

List of Subjects

47 CFR Part 1

Environmental impact statement, Federal Communications Commission,
Radio, Reporting and recordkeeping requirements.

47 CFR Part 2

Federal Communications Commission, Radio, Reporting and
recordkeeping requirements.

47 CFR Part 15

Computer technology, Federal Communications Commission, Reporting
and recordkeeping requirements.

47 CFR Part 24

Federal Communications Commission, Personal communications service.

47 CFR Part 97

Communications equipment, Federal Communications Commission, Radio.

Federal Communications Commission
William F. Caton,
Acting Secretary.

Rule Changes

Title 47 of the Code of Federal Regulations, parts 1, 2, 15, 24 and
97 are amended as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303 and 309(j) unless otherwise
noted.

2. Section 1.1307 is amended by revising paragraph (b), by removing
notes 1, 2 and 3 following paragraph (b), and by adding new paragraph
(e) to read as follows:

Sec. 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assessments (EAs) must be prepared.

* * * * *
(b) In addition to the actions listed in paragraph (a) of this
section, Commission actions granting construction permits, licenses to
transmit or renewals thereof, equipment authorizations or modifications
in existing facilities, require the preparation of an Environmental
Assessment (EA) if the particular facility, operation or transmitter
would cause human exposure to levels of radiofrequency radiation in
excess of the limits in Sec. 1.1310 and Sec. 2.1093 of this chapter.
Applications to the Commission for construction permits, licenses to
transmit or renewals thereof, equipment authorizations or modifications
in existing facilities must contain a statement confirming compliance
with the limits unless the facility, operation, or transmitter is
categorically excluded, as discussed below. Technical information
showing the basis for this statement must be submitted to the
Commission upon request.
(1) The exposure limits in Sec. 1.1310 are generally applicable to
all facilities, operations and transmitters regulated by the
Commission. However, a determination of compliance with the exposure
limits in Sec. 1.1310, and preparation of an EA if the limits are
exceeded, is necessary only for facilities, operations and transmitters
that fall into the categories listed in Table 1, or those specified in
paragraph (b)(2) of this section. All other facilities, operations and
transmitters are categorically excluded from making such studies or
preparing an EA, except as indicated in paragraphs (c) and (d) of this
section. For purposes of Table 1, ``rooftop'' means the roof or
otherwise outside, topmost level or levels of a building structure that
is occupied as a workplace or residence and where either workers or the
general public may have access. The term ``power'' in column 2 of Table
1 refers to total operating power of the transmitting operation in
question in terms of effective radiated power (ERP), equivalent
isotropically radiated power (EIRP), or peak envelope power (PEP), as
defined in Sec. 2.1 of this chapter. For the case of the Cellular
Radiotelephone Service, subpart H of part 22 of this chapter; the
Personal Communications Service, part 24 of this chapter and covered
Specialized Mobile Radio Service operations, part 90 of this chapter,
the phrase ``total power of all channels'' in column 2 of Table 1 means
the sum of the ERP or EIRP of all co-located simultaneously operating
transmitters of the facility. When applying the criteria of Table 1,
radiation in all directions should be considered. For the case of
transmitting facilities using sectorized transmitting antennas,
applicants and licensees should apply the criteria to all transmitting
channels in a given sector, noting that for a highly directional
antenna there is relatively little contribution to ERP or EIRP
summation for other directions.

Table 1.--Transmitters, Facilities and Operations Subject to Routine
Environmental Evaluation
------------------------------------------------------------------------
Service (Title 47 CFR Rule Part) Evaluation required if:
------------------------------------------------------------------------
Experimental Radio Services (part 5)... Power > 100W ERP (164W EIRP).
Radio Frequency Devices (part 15)...... Millimeter wave devices
operating in one of the
following bands 46.7-46.8 GHz,
59.0-64.0 GHz or 76.0-77.0 GHz
(see Secs. 15.253 and 15.255
of this chapter).
Unlicensed personal
communications service devices
operating under subpart D of
this chapter.

[[Page 41015]]

Multipoint Distribution Service Non-rooftop antennas: height
(subpart K of part 21). above ground level to
radiation center < 10 m and
power > 1640 W EIRP.
Rooftop antennas: Power > 1640W
EIRP.
Paging and Radiotelephone Service Non-rooftop antennas: height
(subpart E of part 22). above ground level to
radiation center < 10 m and
power > 1000W ERP (1640 W
EIRP).
Rooftop antennas: power > 1000W
ERP (1640W EIRP).
Cellular Radiotelephone Service Non-rooftop antennas: height
(subpart H of part 22). above ground level to
radiation center < 10 m and
total power of all channels >
1000W ERP (1640 W EIRP).
Rooftop antennas: total power
of all channels > 1000W ERP
(1640W EIRP).
Personal Communications Services (part (1) Narrowband PCS (subpart D):
24). non-rooftop antennas: height
above ground level to
radiation center <10 m and
total power of all channels >
1000W ERP (1640 W EIRP).
Rooftop antennas: total power
of all channels > 1000W (1640W
EIRP).
(2) Broadband PCS (subpart E):
non-rooftop antennas: height
above ground level to
radiation center <10 m and
total power of all channels >
2000W ERP (3280 W EIRP).
Rooftop antennas: total power
of all channels > 2000W (3280W
EIRP).
Satellite Communications (part 25)..... All included.
Radio Broadcast Services (part 73)..... All included.
Experimental, auxiliary, and special Subparts A, G, L: power > 100W
broadcast and other program ERP.
distributional services (part 74). Subpart I: non-rooftop
antennas: height above ground
level to radiation center < 10
m and power > 1640 W EIRP.
Rooftop antennas: power > 1640W
EIRP.
Stations in the Maritime Services (part Ship earth stations only.
80).
Private Land Mobile Radio Services Non-rooftop antennas: height
Paging Operations (part 90). above ground level to
radiation center < 10 m and
power > 1000W ERP (1640 W
EIRP).
Rooftop antennas: power > 1000W
ERP (1640W EIRP).
Private Land Mobile Radio Services Non-rooftop antennas: height
Specialized Mobile Radio (``covered'' above ground level to
providers only--see below)\1\ (part radiation center < 10 m and
90). total power of all channels >
1000W ERP (1640 W EIRP).
Rooftop antennas: total power
of all channels > 1000W ERP
(1640W EIRP).
Amateur Radio Service (part 97)........ Transmitter power > 50W PEP.
------------------------------------------------------------------------
\1\ Note: ``Covered'' SMR providers includes geographic area SMR
licensees in the 800 MHz and 900 MHz bands that offer real-time, two-
way switched voice service that is interconnected with the public
switched network and Incumbent Wide Area SMR licensees, as defined in
Sec. 20.3 of this chapter.

(2) Mobile and portable transmitting devices that operate in the
Cellular Radiotelephone Service, the Personal Communications Services
(PCS), the Satellite Communications Services, the Maritime Services
(ship earth stations only) and covered Specialized Mobile Radio Service
providers authorized under subpart H of part 22, part 24, part 25, part
80, and part 90 of this chapter are subject to routine environmental
evaluation for RF exposure prior to equipment authorization or use, as
specified in Secs. 2.1091 and 2.1093 of this chapter. All unlicensed
PCS and millimeter wave devices are also subject to routine
environmental evaluation for RF exposure prior to equipment
authorization or use, as specified in Sec. 15.253(f), Sec. 15.255(g),
and Sec. 15.319(i) of this chapter. All other mobile, portable, and
unlicensed transmitting devices are categorically excluded from routine
environmental evaluation for RF exposure under Secs. 2.1091 and 2.1093
of this chapter except as specified in paragraphs (c) and (d) of this
section.
(3) In general, when the guidelines specified in Sec. 1.1310 are
exceeded in an accessible area due to the emissions from multiple fixed
transmitters, actions necessary to bring the area into compliance with
the guidelines are the shared responsibility of all licensees whose
transmitters produce field strengths or power density levels at the
area in question in excess of 1% of the exposure limits applicable to
their particular transmitter.
(i) Applicants for proposed (not otherwise excluded) transmitters,
facilities or modifications 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
transmitter or facility would result in a field strength or power
density at the area in question that exceeds 1% of the exposure limit
applicable to that transmitter or facility.
(ii) Renewal applicants whose (not otherwise excluded) transmitters
or facilities contribute to the field strength or power density at an
accessible area not in compliance with the limits specified in
Sec. 1.1310 must submit an EA if emissions from the applicant's
transmitter or facility results in a field strength or power density at
the area in question that exceeds 1% of the exposure limit applicable
to that transmitter or facility.
(4) Transition Provisions. For applications filed with the
Commission prior to January 1, 1997, Commission actions granting
construction permits, licenses to transmit or renewals thereof,
equipment authorizations, or modifications in existing facilities
require the preparation of an Environmental Assessment if the
particular facility, operation or transmitter would cause human
exposure to levels of radiofrequency radiation that are in excess of
the requirements contained in paragraphs (b)(4) (i) through (iii) of
this section. These transition provisions do not apply to applications
for equipment authorization of mobile, portable, and unlicensed devices
specified in paragraph (b) (2) of this section.
(i) For facilities and operations licensed or authorized under
parts 5, 21 (subpart K), 25, 73, 74 (subparts A, G, I, and L), and 80
of this chapter, the ``Radio Frequency Protection Guides'' recommended
in ``American National Standard Safety Levels with Respect to

[[Page 41016]]

Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to
100 GHz'', (ANSI C95.1-1982), issued by the American National Standards
Institute (ANSI) and copyright 1982 by the Institute of Electrical and
Electronics Engineers, Inc., New York, New York shall apply. With
respect to subpart K of part 21 and subpart I of Part 74 of this
chapter, these requirements apply only to multipoint distribution
service and instructional television fixed service stations
transmitting with an equivalent isotropically radiated power (EIRP) in
excess of 200 watts. With respect to subpart L of part 74 of this
chapter, these requirements apply only to FM booster and translator
stations transmitting with an effective radiated power (ERP) in excess
of 100 watts. With respect to part 80 of this chapter, these
requirements apply only to ship earth stations.
(ii) For facilities and operations licensed or authorized under
part 24 of this chapter, licensees and manufacturers are required to
ensure that their facilities and equipment comply with IEEE C95.1-1991
(ANSI/IEEE C95.1-1992), ``Safety Levels With Respect to Human Exposure
to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz.''
Measurement methods are specified in IEEE C95.3-1991, ``Recommended
Practice for the Measurement of Potentially Hazardous Electromagnetic
Fields--RF and Microwave.'' Copies of these standards are available
from IEEE Standards Board, 445 Hoes Lane, P.O. Box 1331, Piscataway, NJ
08855-1331. Telephone: 1-800-678-4333. The limits for both
``controlled'' and ``uncontrolled'' environments, as defined by IEEE
C95.1-1991, will apply to all PCS base and mobile stations, as
appropriate.
(iii) Applications for all other types of facilities and operations
are categorically excluded from routine RF radiation evaluation except
as provided in paragraphs (c) and (d) of this section.
* * * * *
(e) No State or local government or instrumentality thereof may
regulate the placement, construction, and modification of personal
wireless service facilities on the basis of the environmental effects
of radio frequency emissions to the extent that such facilities comply
with the regulations contained in this chapter concerning the
environmental effects of such emissions. For purposes of this
paragraph:
(1) The term ``personal wireless service'' means commercial mobile
services, unlicensed wireless services, and common carrier wireless
exchange access services;
(2) The term ``personal wireless service facilities'' means
facilities for the provision of personal wireless services;
(3) The term ``unlicensed wireless services'' means the offering of
telecommunications services using duly authorized devices which do not
require individual licenses, but does not mean the provision of direct-
to-home satellite services; and
(4) The term ``direct-to-home satellite services'' means the
distribution or broadcasting of programming or services by satellite
directly to the subscriber's premises without the use of ground
receiving or distribution equipment, except at the subscriber's
premises or in the uplink process to the satellite.
3. A new Section 1.1310 is added to read as follows:

Sec. 1.1310 Radiofrequency radiation exposure limits.

The criteria listed in Table 1 shall be used to evaluate the
environmental impact of human exposure to radiofrequency (RF) radiation
as specified in Sec. 1.1307(b), except in the case of portable devices
which shall be evaluated according to the provisions of Sec. 2.1093 of
this chapter. Further information on evaluating compliance with these
limits can be found in the FCC's OST/OET Bulletin Number 65,
``Evaluating Compliance with FCC-Specified Guidelines for Human
Exposure to Radiofrequency Radiation.''

Note to Introductory Paragraph: These limits are generally based
on recommended exposure guidelines published by the National Council
on Radiation Protection and Measurements (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 NCRP, 1986, Bethesda, Maryland 20814. In the
frequency range from 100 MHz to 1500 MHz, exposure limits for field
strength and power density are also generally based on guidelines
recommended by the American National Standards Institute (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 C95.1-1992, Copyright 1992 by the Institute of
Electrical and Electronics Engineers, Inc., New York, New York
10017.

Table 1.-- Limits for Maximum Permissible Exposure (MPE)
----------------------------------------------------------------------------------------------------------------
Electric field Magnetic field Power density Averaging time
Frequency range (MHz) strength (V/m) strength (A/m) (mW/cm\2\) (minutes)
----------------------------------------------------------------------------------------------------------------
(A) Limits for Occupational/Controlled Exposures
----------------------------------------------------------------------------------------------------------------
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
300-1500............................ ................. ................. f/300 6
1500-100,000........................ ................. ................. 5 6
----------------------------------------------------------------------------------------------------------------
(B) 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
300-1500............................ ................. ................. f/1500 30
1500-100,000........................ ................. ................. 1.0 30
----------------------------------------------------------------------------------------------------------------
f = frequency in MHz
* = Plane-wave equivalent power density

Note 1 to Table 1: Occupational/controlled 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. Limits
for occupational/controlled exposure also apply in situations when
an individual is transient through a location where

[[Page 41017]]

occupational/controlled limits apply provided he or she is made
aware of the potential for exposure.
Note 2 to Table 1: General population/uncontrolled exposures
apply in situations in which the general public may be exposed, or
in which persons that are exposed as a consequence of their
employment may not be fully aware of the potential for exposure or
can not exercise control over their exposure.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS

1. The authority citation for part 2 continues to read as follows:

Authority: Sec. 4, 302, 303 and 307 of the Communications Act of
1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307, unless
otherwise noted.

2. A new center heading and Sec. 2.1091 are added to subpart J to
read as follows: Radiofrequency Radiation Exposure

Sec. 2.1091 Radiofrequency radiation exposure evaluation: mobile and
unlicensed 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 Sec. 1.1307(b).
(b) For purposes of this section mobile devices are defined as
transmitters 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 radiating antennas and
the body of the user or nearby persons.
(c) Mobile devices that operate in the Cellular Radiotelephone
Service, the Personal Communications Services, the Satellite
Communications Services, the Maritime Services and the Specialized
Mobile Radio Service authorized under subpart H of part 22, part 24,
part 25, part 80 of this chapter (ship earth station devices only) and
part 90 of this chapter (``covered'' SMR devices only, as defined in
the note to Table 1 of Sec. 1.1307(b)(1) of this chapter), are subject
to routine environmental evaluation for RF exposure prior to equipment
authorization or use if their effective radiated power (ERP) is 1.5
watts or more. Unlicensed personal communications service and
unlicensed millimeter wave devices authorized under Sec. 15.253,
Sec. 15.255 and subpart D of part 15 of this chapter are also subject
to routine environmental evaluation for RF exposure prior to equipment
authorization or use, regardless of their power used, unless they meet
the definition of a portable device as specified in Sec. 2.1093(b). All
other mobile and unlicensed transmitting devices are categorically
excluded from routine environmental evaluation for RF exposure prior to
equipment authorization, except as specified in Secs. 1.1307(c) and
1.1307(d) of this chapter. 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 as part of
their application. 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
Sec. 1.1310 of this chapter. All unlicensed personal communications
service (PCS) 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 Sec. 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 levels.
(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 Sec. 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) Compliance with exposure guidelines for mobile and unlicensed
devices can be accomplished by the use of warning labels and by
providing users with information concerning minimum separation
distances from transmitting structures and proper installation of
antennas.
4. A new section 2.1093 is added to subpart J to read as follows:

Sec. 2.1093 Radiofrequency radiation exposure evaluation: portable
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 Sec. 1.1307(b).
(b) For purposes of this section portable devices are defined as
transmitters designed to be used within 20 centimeters of the body of
the user.
(c) Portable devices that operate in the Cellular Radiotelephone
Service, the Personal Communications Services, the Satellite
Communications services, the Maritime Services and the Specialized
Mobile Radio Service authorized under subpart H of part 22 of this
chapter, part 24 of this chapter, part 25 of this chapter, part 80 of
this chapter (ship earth station devices only), part 90 of this chapter
(``covered'' SMR devices only, as defined in the note to Table 1 of
Sec. 1.1307(b)(1) of this chapter), and portable unlicensed personal
communication service and millimeter wave devices authorized under
Sec. 15.253, Sec. 15.255 or subpart D of part 15 of this chapter are
subject to routine environmental evaluation for RF exposure prior to
equipment authorization or use. All other portable transmitting devices
are categorically excluded from routine environmental evaluation for RF
exposure prior to equipment authorization, except as specified in
Secs. 1.1307(c) and 1.1307(d) of this chapter. Applications for
equipment authorization of portable transmitting devices subject to
routine environmental evaluation must contain a statement confirming
compliance with the limits specified in paragraph (d) of this section
as part of their application. 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 based generally on
criteria published by the American National Standards Institute (ANSI)
for localized specific absorption rate (``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
C95.1-1992, Copyright 1992 by the Institute of Electrical and
Electronics Engineers, Inc., New York, New York 10017. These criteria
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 NCRP, 1986,
Bethesda, Maryland 20814. SAR is a measure of the rate of energy
absorption due to exposure to an RF transmitting source. SAR values
have been related to threshold levels for potential biological hazards.
The criteria to be used are

[[Page 41018]]

specified in paragraphs (d)(1) and (d)(2) of this section.
(1) Limits for Occupational/Controlled exposure: 0.4 W/kg as
averaged over the whole-body and spatial peak SAR not exceeding 8 W/kg
as averaged over any 1 gram of tissue (defined as a tissue volume in
the shape of a cube). Exceptions are the hands, wrists, feet and ankles
where the spatial peak SAR shall not exceed 20 W/kg, as averaged over
an 10 grams of tissue (defined as a tissue volume in the shape of a
cube). Occupational/Controlled limits apply when persons are exposed as
a consequence of their employment provided these persons are fully
aware of and exercise control over their exposure. Awareness of
exposure can be accomplished by use of warning labels or by specific
training or education through appropriate means, such as an RF safety
program in a work environment.
(2) Limits for General Population/Uncontrolled exposure: 0.08 W/kg
as averaged over the whole-body and spatial peak SAR not exceeding 1.6
W/kg as averaged over any 1 gram of tissue (defined as a tissue volume
in the shape of a cube). Exceptions are the hands, wrists, feet and
ankles where the spatial peak SAR shall not exceed 4 W/kg, as averaged
over any 10 grams of tissue (defined as a tissue volume in the shape of
a cube). General Population/Uncontrolled limits apply when the general
public may be exposed, or when persons that are exposed as a
consequence of their employment may not be fully aware of the potential
for exposure or do not exercise control over their exposure. Warning
labels placed on consumer devices such as cellular telephones will not
be sufficient reason to allow these devices to be evaluated subject to
limits for occupational/controlled exposure in paragraph (d)(1) of this
section.
(3) Compliance with SAR limits can be demonstrated by either
laboratory measurement techniques or by computational modeling.
Methodologies and references for SAR evaluation are described in
numerous technical publications including ``IEEE Recommended Practice
for the Measurement of Potentially Hazardous Electromagnetic Fields--RF
and Microwave,'' IEEE C95.3-1991.
(4) For purposes of analyzing portable transmitting devices under
the occupational/controlled criteria, the time-averaging provisions of
the MPE guidelines identified in Sec. 1.1310 of this chapter can be
used in conjunction with typical maximum duty factors to determine
maximum likely exposure levels.
(5) Time-averaging provisions of the MPE guidelines identified in
Sec. 1.1310 of this chapter may not be used in determining typical
exposure levels for portable devices intended for use by consumers,
such as hand-held cellular telephones, that are considered to operate
in general population/uncontrolled environments as defined above.
However, ``source-based'' time-averaging based on an inherent property
or duty-cycle of a device is allowed. 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. In general, maximum average power levels must be used to
determine compliance.

PART 15--RADIO FREQUENCY DEVICES

1. The authority citation for part 15 continues to read as follows:

Authority: Secs. 4, 302, 303, 304, 307 and 624A of the
Communications Act of 1934, as amended, 47 U.S.C. 154, 302, 303, 307
and 544A.

2. Section 15.253 is amended by revising paragraph (f) to read as
follows:

Sec. 15.253 Operation within the bands 46.7-46.9 GHz and 76.0-77.0
GHz.

* * * * *
(f) Regardless of the power density levels permitted under this
section, devices operating under the provisions of this section are
subject to the radiofrequency radiation exposure requirements specified
in Sec. 1.1307(b), Sec. 2.1091 and Sec. 2.1093 of this chapter, as
appropriate. Applications for equipment authorization of devices
operating under this section must contain a statement confirming
compliance with these requirements for both fundamental emissions and
unwanted emissions. Technical information showing the basis for this
statement must be submitted to the Commission upon request.
3. Section 15.255 is amended by revising paragraph (g) to read as
follows:

Sec. 15.255 Operation within the band 59.0-64.0 GHz.

* * * * *
(g) Regardless of the power density levels permitted under this
section, devices operating under the provisions of this section are
subject to the radiofrequency radiation exposure requirements specified
in Sec. 1.1307(b), Sec. 2.1091 and Sec. 2.1093 of this chapter, as
appropriate. Applications for equipment authorization of devices
operating under this section must contain a statement confirming
compliance with these requirements for both fundamental emissions and
unwanted emissions. Technical information showing the basis for this
statement must be submitted to the Commission upon request.
4. Section 15.319 is amended by revising paragraph (i), to read as
follows:

Sec. 15.319 General technical requirements.

* * * * *
(i) Unlicensed PCS devices are subject to the radiofrequency
radiation exposure requirements specified in Sec. 1.1307(b),
Sec. 2.1091 and Sec. 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
devices operating under this section must contain a statement
confirming compliance with these requirements for both fundamental
emissions and unwanted emissions. Technical information showing the
basis for this statement must be submitted to the Commission upon
request.

PART 24--PERSONAL COMMUNICATIONS SERVICES

1. The authority citation for part 24 continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless
otherwise noted.

2. Section 24.52 is revised to read as follows:

Sec. 24.52 RF hazards.

Licensees and manufacturers are subject to the radiofrequency
radiation exposure requirements specified in Sec. 1.1307(b),
Sec. 2.1091 and Sec. 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 for both fundamental emissions and
unwanted emissions. Technical information showing the basis for this
statement must be submitted to the Commission upon request.

PART 97--AMATEUR RADIO SERVICE

1. The authority citation for part 97 continues to read as follows:

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. Secs. 154,
303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended;
47 U.S.C. Secs. 151-155, 301-609, unless otherwise noted.

2. Section 97.13 is amended by adding paragraph (c) to read as
follows:

[[Page 41019]]

Sec. 97.13 Restrictions on station location.

* * * * *
(c) Before causing or allowing an amateur station to transmit from
any place where the operation of the station could cause human exposure
to levels of radiofrequency (RF) radiation in excess of that allowed
under Sec. 1.1310 of this chapter, the licensee is required to take
certain actions. A routine RF radiation evaluation, as discussed in
Sec. 1.1307(b) of this chapter, is required if the transmitter power
exceeds 50 watts peak envelope power; otherwise the operation is
categorically excluded from routine RF radiation evaluation except as
specified in Sec. 1.1307(c) and Sec. 1.1307(d) of this chapter. Where
the routine evaluation indicates that the RF radiation could be in
excess of the limits contained in Sec. 1.1310 of this chapter, the
licensee must take action to prevent such an occurrence. Further
information on evaluating compliance with these limits can be found in
the FCC's OST/OET Bulletin Number 65, ``Evaluation Compliance with FCC-
Specified Guidelines for Human Exposure to Radiofrequency Radiation.''
3. Section 97.503 is amended by revising paragraphs (b)(1), (b)(2),
and (b)(3), and adding entry 10 to the table in paragraph (c) to read
as follows:

Sec. 97.503 Element standards.

* * * * *
(b) * * *
(1) Element 2: 35 questions concerning the privileges of a Novice
Class operator license. The minimum passing score is 26 questions
answered correctly.
(2) Element 3(A): 30 questions concerning the privileges of a
Technician Class operator license. The minimum passing score is 22
questions answered correctly.
(3) Element 3(B): 30 questions concerning the privileges of a
General Class operator license. The minimum passing score is 22
questions answered correctly.
* * * * *
(c) * * *

------------------------------------------------------------------------
Topics 2 3(A) 3(B) 4(A) 4(B)
------------------------------------------------------------------------

* * * * * * *
(10) Radiofrequency
environmental safety practices
at an amateur station.......... 5 5 5 0 0
------------------------------------------------------------------------

[FR Doc. 96-20082 Filed 8-5-96; 2:01 pm]
BILLING CODE 6712-01-P}}}}}}}}}}}}}