[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Rules and Regulations]
[Pages 47960-47968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24165]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 26 and 97

[ET Docket No. 93-62; FCC 97-303]


Guidelines for Evaluating the Environmental Effects of 
Radiofrequency Radiation

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Second Memorandum Opinion and Order amends the 
Commission's rules to refine and clarify the decisions adopted in the 
Report and Order, regarding the use of new guidelines and methods in 
the evaluation of the environmental effects of RF electromagnetic 
fields or emissions produced by FCC-regulated transmitters. The 
Commission believes its decisions provide a proper balance between the 
need to protect the public and workers from exposure to potentially 
harmful RF electromagnetic fields and the requirement that industry be 
allowed to provide telecommunications services to the public in the 
most efficient and practical manner possible.

EFFECTIVE DATE: October 15, 1997.

FOR FURTHER INFORMATION CONTACT: Robert F. Cleveland, Office of 
Engineering and Technology, Federal

[[Page 47961]]

Communications Commission, (202) 418-2464.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Memorandum Opinion and Order, ET Docket 93-62, FCC 97-303, adopted 
August 25, 1997, and released August 25, 1997. The full text of this 
Commission decision 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 duplication contractor, International Transcription 
Service, (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, 
D.C. 20037.

Summary of the Memorandum Opinion and Order

    1. In this Second Memorandum Opinion and Order, we are amending our 
rules to refine and clarify the decisions adopted August 1, 1996, in 
the Report and Order, 61 FR 41006, August 7, 1996, regarding the use of 
new guidelines and methods in the evaluation of the environmental 
effects of RF electromagnetic fields or emissions produced by FCC-
regulated transmitters. This Second Memorandum Opinion and Order 
responds to petitions for reconsideration and/or clarification filed in 
this proceeding. In reaching our decisions, we have considered 
carefully the petitions and comments that were received in this 
proceeding. We believe our decisions provide a proper balance between 
the need to protect the public and workers from exposure to potentially 
harmful RF electromagnetic fields and the requirement that industry be 
allowed to provide telecommunications services to the public in the 
most efficient and practical manner possible. Specifically, we are: (1) 
Affirming the RF exposure limits that were previously adopted; (2) 
modifying in a few areas our policy that categorically excludes certain 
transmitters from routine environmental evaluation; and (3) revising 
and clarifying our guidelines regarding RF emissions involving multiple 
transmitter facilities. We are also adopting a number of minor changes 
and clarifications.
    2. In the Report and Order, the Commission adopted limits for 
Maximum Permissible Exposure (MPE) and localized, partial-body exposure 
of humans based on criteria published by the National Council on 
Radiation Protection and Measurements (NCRP) and by the American 
National Standards Institute/Institute of Electrical and Electronics 
Engineers, Inc. (ANSI/IEEE). The Report and Order also modified the 
Commission's policy on categorical exclusions that exempts many radio 
services and transmitters from routine environmental evaluation for RF 
exposure. In accordance with Section 704 of the Telecommunications Act 
of 1996, the Report and Order followed Congressional direction with 
respect to completion of the docket in this proceeding. The new rules 
became effective immediately; however, a transition period (originally 
to January 1, 1997) was provided for implementation of the new 
requirements for transmitters other than portable and mobile devices.
    3. A First Memorandum Opinion and Order, adopted on December 23, 
1996, 62 FR 3232, January 22, 1997, addressed comments in those 
petitions requesting extension of the transition provisions of the 
Report and Order and extended the transition period to September 1, 
1997 (January 1, 1998 for amateur stations). This Second Memorandum 
Opinion and Order addresses the other issues raised in the petitions, 
including whether we should: (1) Reconsider the RF exposure limits 
originally adopted; (2) reconsider our policy on categorical exclusion 
of certain transmitters from routine evaluation for compliance with our 
guidelines; (3) modify our policy with respect to evaluation of RF 
exposure at multiple transmitter sites; (4) revise our policy with 
respect to routine evaluation for SMR transmitters; and (5) broaden our 
authority to preempt state and local regulations concerning RF 
exposure.
    4. Some petitioners ask that we reconsider our previous decision 
not to adopt ANSI/IEEE C95.1-1992 in its entirety. Several other 
petitioners claim that the limits we adopted were not protective 
enough. The staff believes that no new and compelling justifications 
have been provided that would warrant a modification of the limits 
adopted in the Report and Order. Those limits were crafted to address 
concerns about ANSI/IEEE C95.1-1992 that had been raised by several 
agencies of the Federal Government with responsibility for health and 
safety. Furthermore, all of these agencies have written letters to the 
Commission supporting our new guidelines. We believe that the limits 
adopted in the Report and Order provide a proper balance between the 
need to protect the public and workers from exposure to excessive RF 
electromagnetic fields and the need to allow communications services to 
readily address growing marketplace demands.
    5. The Commission's environmental rules identify particular 
categories of existing or proposed transmitters or facilities for which 
licensees and applicants are required to conduct routine environmental 
evaluations to determine whether these transmitters or facilities 
comply with our RF guidelines. Other transmitting facilities are 
categorically excluded from these rules because we have judged them to 
offer little potential for causing exposures in excess of the 
applicable guidelines. In the Report and Order, we revised our rules 
related to this policy of categorical exclusion based on our own 
calculations and analyses of the implications of the new limits, along 
with information and data acquired during the proceeding. Whereas 
previously we had categorically excluded entire service categories, 
such as paging and cellular transmitters, the Report and Order 
concluded that some transmitting facilities, regardless of service, may 
offer the potential for causing exposures in excess of MPE limits.
    6. Several petitioners ask that we return to our earlier policy of 
categorical exclusion for entire services. However, these petitioners 
present no new evidence that would lead us to change our basic premise 
for categorical exclusion. We continue to believe that it is desirable 
and appropriate to categorically exclude from routine environmental 
evaluation only those transmitting facilities that offer little or no 
potential for exposure in excess of our limits. However, some 
transmitting facilities, regardless of service, offer the potential for 
causing exposures in excess of MPE limits because of such factors as 
their relatively high operating power, location or relative 
accessibility, and these facilities should not be categorically 
excluded from routine evaluation.
    7. Except in a few limited areas, we do not believe it is 
appropriate to modify the categorical exclusion policies adopted in the 
Report and Order. We are modifying our policy related to unlicensed 
millimeter-wave devices that do not meet the definition of a portable 
device and unlicensed and licensed PCS and other mobile devices 
operating above 1.5 GHz. Secondly, we are revising the 50-watt 
threshold for routine evaluation of amateur radio stations so that it 
reflects the manner in which the RF exposure limits change in the 
different amateur frequency bands. We are also revising categorical 
exclusions currently based on the height of the antenna radiation 
center above ground so that they are based on the height of the lowest 
portion of the antenna above ground. In addition to these areas, we are 
revising our policy

[[Page 47962]]

on categorical exclusions for SMR transmitters so that all SMR 
operations are covered, and we are changing our definition of 
``rooftop'' so that antennas that are mounted on the sides of buildings 
or otherwise don't fit the previous definition will be considered, if 
appropriate.
    8. Several petitioners argue that our policy regarding evaluation 
at sites with multiple FCC-regulated transmitters is overly burdensome. 
Our rules state that when the RF exposure limits are exceeded in an 
accessible area due to the RF fields of multiple fixed transmitters, 
actions necessary to bring the area into compliance are the shared 
responsibility of all licensees whose transmitters produce power 
densities in excess of 1% of the exposure limit applicable to their 
transmitter. After considering the various arguments, we conclude that 
the 1% level should be changed. We concur that a 1% level is difficult 
to measure or calculate. We believe that a 5% threshold represents a 
more reasonable and supportable compromise, by offering relief to 
relatively low-powered site occupants who do not contribute 
significantly to areas of non-compliance and, at the same time, by 
providing for the appropriate allocation of responsibility among major 
site emitters.
    9. Some petitioners request that the Commission broaden its 
preemptive authority beyond the category of ``personal wireless 
services'' authorized in the Telecommunications Act of 1996. Based upon 
the current record in this proceeding, we find that there is 
insufficient evidence at this time to warrant our preempting state and 
local actions that are based on concerns over RF emissions for services 
other than those defined by Congress as ``personal wireless services.'' 
However, additional issues concerning preemption of state and local 
regulations involving advanced television facilities have been raised 
in a Petition for Further Rulemaking filed by the National Association 
of Broadcasters which will be considered in a separate proceeding.
    10. Several additional petitions were received in response to our 
earlier First Memorandum Opinion and Order extending the transition 
period for fixed stations and transmitters. Some petitioners request 
that we end the transition period immediately because of the potential 
for large scale exposure of the public to harmful RF emissions. Others 
argue that additional time is needed to consider the Commission's 
response to earlier petitions relating to OET Bulletin 65 on RF 
compliance. This bulletin will be released simultaneously with this 
Order. In order to provide applicants and licensees with sufficient 
time to review the final version of the bulletin, we will extend the 
initial transition period to October 15, 1997. The transition period 
for the Amateur Radio Service, only, will remain the same, and will end 
on January 1, 1998.
    11. Finally, we are revising our rules to require that existing 
sites and transmitters come into compliance with the new guidelines as 
of a date certain. Accordingly, we will require all existing 
facilities, operations and devices to comply with the new FCC RF 
guidelines no later than September 1, 2000.

Revised Final Regulatory Flexibility Analysis

Second Memorandum Opinion and Order

    12. 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 of Proposed Rule Making (NPRM) in 
ET Docket 93-62. The Commission sought written public comments on the 
proposals in the NPRM, including on the IRFA. In the Report and Order 
in this proceeding, the Commission adopted a Final Regulatory 
Flexibility Analysis (FRFA). Petitions for reconsideration were filed 
in response to the Report and Order by seventeen parties. Several 
technical and legal issues have been raised in the petitions and 
subsequent comments. In addition, several petitions have raised 
questions about the original FRFA. The First Memorandum Opinion and 
Order in this proceeding, and the associated FRFA, addressed those 
petitions and comments requesting extension of the transition period 
specified in the Report and Order as well as the comments that were 
made on the original FRFA contained in the Report and Order. This 
Second Memorandum Opinion and Order, including this FRFA, addresses the 
other issues raised in the petitions. The FRFA conforms to the RFA, as 
amended by the Contract With America Advancement Act of 1996 (CWAAA), 
Public Law 104-121, 110 Stat. 847 (1996).

I. Need for and Purpose of This Action

    13. 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 
radiofrequency (RF) exposure guidelines for purposes of evaluating 
potential environmental effects of RF electromagnetic fields produced 
by FCC-regulated facilities. The new guidelines reflect more recent 
scientific studies of the biological effects of RF electromagnetic 
fields. Use of these new guidelines will ensure that the public and 
workers receive adequate protection from exposure to potentially 
harmful RF electromagnetic fields. This Second Memorandum Opinion and 
Order addresses a number of concerns that were raised in petitions and 
comments received in response to the Report and Order.

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

    14. No comments were filed in direct response to the IRFA. In 
general comments on the NPRM, however, some commenters raised issues 
that might affect small entities. These issues were discussed in the 
FRFA contained in the Report and Order in this proceeding.

III. Summary of Issues Raised Regarding the Final Regulatory 
Flexibility Analysis (FRFA) by the Petitions, Motions, and Comments in 
Response to the Report and Order

    15. The American Radio Relay League, Inc., Paging Network, Inc., 
and the Personal Communications Industry Association raised concerns in 
their petitions, motions and comments regarding the FRFA that was 
associated with the Report and Order. Those concerns were addressed in 
the revised FRFA contained in the First Memorandum Opinion and Order in 
this proceeding.

IV. Description and Estimate of the Small Entities Subject to the 
Rules

    16. The rules being adopted in this Second Memorandum Opinion and 
Order apply to twelve industry categories and services. All but one of 
these industry categories and services was described in the FRFA 
accompanying the First Memorandum Opinion and Order in this proceeding. 
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

[[Page 47963]]

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 within each of these services or the number of small 
businesses 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.
    17. Under the new rules adopted in the Report and Order and in this 
Second Memorandum Opinion and Order, many radio services are 
categorically excluded from having to determine compliance with the new 
RF exposure limits. This exclusion is based on a determination that 
there is little potential for these services causing exposures in 
excess of the limits. Within the following services that are not 
categorically excluded in their entirety, many transmitting facilities 
are 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. Furthermore, the extension of the transition periods 
contained in the First Memorandum Opinion and Order will reduce the 
impact on applicants, particularly small businesses, by allowing them 
adequate time to understand the new requirements and ensure that their 
facilities are in compliance with them in a orderly and reasonable 
manner.
    18. As noted above, descriptions and estimates of all of the 
categories and services for small entities subject to our rules, except 
one, were previously given in the FRFRA that accompanied the First 
Memorandum Opinion and Order. Therefore, that document should be 
consulted for this information. Information on the one additional 
category not included in the earlier FRFA, radiofrequency devices, is 
given below. Minor edits were also made in the section of the previous 
FRFA for satellite communications services, and the revised section is 
also given below.

A. Satellite Communications Services

    19. 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 Communications 
Services, Not Elsewhere Classified. This definition provides that a 
small entity is expressed as one with $11.0 million or less in annual 
receipts.
    20. Because the Regulatory Flexibility Act amendments were not in 
effect until the comment period for this proceeding was closed, the 
Commission was unable to request information regarding the number of 
licensees in the international services discussed below that meet this 
definition of a small business. Thus, we are providing an estimate of 
licensees that constitute a small business.
    21. Fixed Satellite Earth Stations. Fixed satellite earth stations 
include international and domestic earth stations operating in the 4/6 
GHZ, 11/12/14 GHZ and 20/30 GHZ bands. 
There are approximately 4200 earth station authorizations, a portion of 
which are Fixed Satellite Earth Stations. Although we were unable to 
request the revenue information, we estimate that some of the licensees 
of these earth stations would constitute a small business under the SBA 
definition.
    22. Fixed Satellite Small Earth Stations. Small transmit/receive 
earth stations operate in the 4/6 GHZ frequency bands with 
antennas that are two meters or less in diameter. There are 4200 earth 
station authorizations, a portion of which are Fixed Satellite Small 
Earth Stations. Although we were unable to request the revenue 
information, we estimate that some of the fixed satellite small earth 
stations would constitute a small business under the SBA definition.
    23. Fixed Satellite Very Small Aperture Terminal (VSAT) Systems. 
VSAT systems operate in the 12/14 GHZ frequency bands. 
Although various size small aperture antenna earth-stations may be 
used, all stations of a particular size must be technically identical. 
Because these stations operate on a primary basis, frequency 
coordination with terrestrial microwave systems is not required. Thus, 
a single ``blanket'' application may be filed for a specified number of 
small antennas and one or more hub stations. The Commission has 
processed 377 applications for fixed satellite VSAT systems. At this 
time, we are unable to make a precise estimate of the number of small 
businesses that are VSAT system licensees and could be impacted by this 
action.
    24. Mobile Satellite Earth Stations. Mobile satellite earth 
stations are intended to be used while in motion or during halts at 
unspecified points. These stations operate as part of a network that 
includes a fixed hub station or stations. The network may provide a 
variety of land, maritime and aeronautical voice and data services. 
There are 8 mobile satellite licensees. At this time, we are unable to 
make a precise estimate of the number of small businesses that are 
mobile satellite earth station licensees and could be impacted by this 
action.
    25. Radio Determination Satellite Earth Stations. A radio 
determination satellite earth station is used in conjunction with a 
radio determination satellite service (rdss) system for the purpose of 
providing position location information. These stations operate as part 
of a network that includes a fixed hub station or stations and operate 
in the frequency bands (1610-1626.5 MHZ and 2483.5-2500 
MHZ) allocated to rdss. At this time, we are unable to make 
a precise estimate of the number of small businesses that are radio 
determination satellite earth station licensees and could be impacted 
by the forfeiture guidelines.
    26. 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. 
Overall, the Commission receives about 600 applications for satellite 
facilities per year. All applicants for satellite earth stations 
(except for receive-only stations) must make a determination of 
compliance with the RF exposure limits, based on calculations or 
measurements.

B. Radiofrequency Devices

    27. 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.
    28. 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, 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.

[[Page 47964]]

    29. 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.
    30. The Commission has not yet authorized any millimeter wave 
devices, and has authorized fewer than fifteen 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.
    31. The Commission anticipates that approximately 30 applications 
will be filed annually for devices that operate in the millimeter band 
and unlicensed PCS spectrum. An initial determination of compliance 
with our new RF guidelines will be required for: (1) Applications for 
unlicensed PCS devices that do not meet our definition for a portable 
device contained in 47 CFR Sec. 2.1093(b) and that operate with 1.5 
watts effective radiated power (ERP) or more; (2) applications for 
portable unlicensed PCS devices; (3) applications for unlicensed 
millimeter wave devices that do not meet our definition for a portable 
device and that operate with 3 watts ERP or more; and (4) applications 
for portable unlicensed millimeter wave devices. We anticipate that 20 
of the 30 applications filed will meet these requirements and need to 
undergo an initial determination of compliance. Of these devices, ten 
will require specific absorption rate (SAR) modeling or measurement, 
which adds cost to the authorization process.

V. Summary of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    32. No new reporting, recordkeeping, or other compliance 
requirements are contained in this Second Memorandum Opinion and Order.

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

    33. We have made every effort to devise ways to minimize the impact 
of the new RF exposure requirements on small entities, while protecting 
the health and safety of the public. We have incorporated substantial 
flexibility in the procedures to make compliance as minimally 
burdensome as possible.
    In particular, we took the following steps in the Report and Order 
to ease the impact on small businesses:
    a. We created categorical exclusions that require only those 
transmitters that appear to have the highest potential to create a 
significant environmental effect to perform an environmental 
evaluation.
    b. We indicated that we would revise OST Bulletin No. 65 in the 
near future 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.
    c. We allowed 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.
    d. We rejected our initial proposal to adopt induced and contact 
currents limits due to the lack of reliable equipment available.
    e. We 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.
    f. We have 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 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.
    34. In this First Memorandum Opinion and Order, we took the 
following additional steps to reduce the burden on small businesses and 
organizations:
    a. We extended the transition period for station applicants to come 
into compliance with the new requirements. This will give licensees, 
and applicants for new stations many of which may be small businesses, 
more time to learn the nature of the new requirements, make studies to 
determine whether they comply, and take steps to come into compliance 
if necessary.
    b. We decided to permit the required changes in the ARS 
examinations to be made as the examinations are being routinely 
revised. This ensures that a minimal burden is put on the small 
organizations acting as VECs.
    35. In this Second Memorandum Opinion and Order, we have taken 
these additional steps to reduce the burden on small businesses and 
organizations:
    a. We categorically excluded from routine environmental evaluation 
certain non-portable, unlicensed millimeter wave and PCS devices. This 
eliminates the need for these devices to undergo detailed evaluation 
before the devices undergo equipment authorization.
    b. We increased the responsibility threshold, above which licensees 
at multiple transmitter locations must share responsibility for 
addressing RF exposure non-compliance problems, from 1% to 5%. We 
believe that a 5% responsibility threshold will offer relief to 
relatively low-powered site occupants who do not contribute 
significantly to the non-compliance and, at the same time, provide for 
the appropriate allocation of responsibility among major site emitters. 
Similarly, we are raising the filing thresholds, above which applicants 
must file an EA if emissions from the applicant's transmitter or 
facility would result in a field strength or power density in excess of 
our limits, from 1% to 5%. 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

[[Page 47965]]

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.
    (c) Before causing or allowing an amateur station to transmit from 
any place where the operation of the station could cause human exposure 
to RF electromagnetic field levels in excess of those allowed under 
Sec. 1.1310 of this chapter, the licensee is required to take certain 
actions.
    (1) The licensee must perform the routine RF environmental 
evaluation prescribed by Sec. 1.1307(b) of this chapter, if the 
transmitter PEP exceeds the following limits:

List of Subjects

47 CFR Part 1

    Radio, Reporting and recordkeeping requirements.

47 CFR Part 2

    Radio, Reporting and recordkeeping requirements.

47 CFR Part 26

    Radio.

47 CFR Part 97

    Radio, Reporting and recordkeeping requirements.

Rule Changes

    Title 47 of the Code of Federal Regulations, parts 1, 2, 26 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, and Section 704 of the Telecommunications Act of 1996.

    2. Section 1.1307 is amended by revising paragraphs (b)(1), (b)(2), 
(b)(3) and (b)(4) introductory text and by adding paragraph (b)(5) to 
read as follows:


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

* * * * *
    (b) * * *
    (1) The appropriate exposure limits in Sec. 1.1310 and Sec. 2.1093 
of this chapter 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 or Sec. 2.1093 of 
this chapter (routine environmental evaluation), 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, ``building-mounted antennas'' means antennas mounted in or on 
a building structure that is occupied as a workplace or residence. 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 the Specialized Mobile Radio Service, 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 owned and operated by a single 
licensee. 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    Power > 100 W ERP (164 W EIRP).          
 (part 5).                                                              
Multipoint Distribution        Non-building-mounted antennas: height    
 Service (subpart K of part     above ground level to lowest point of   
 21).                           antenna < 10 m and power > 1640 W EIRP. 
                               Building-mounted antennas: power > 1640 W
                                EIRP.                                   
Paging and Radiotelephone      Non-building-mounted antennas: height    
 Service (subpart E of part     above ground level to lowest point of   
 22).                           antenna < 10 m and power > 1000 W ERP   
                                (1640 W EIRP).                          
                               Building-mounted antennas: power > 1000 W
                                ERP (1640 W EIRP).                      
Cellular Radiotelephone        Non-building-mounted antennas: height    
 Service (subpart H of part     above ground level to lowest point of   
 22).                           antenna < 10 m and total power of all   
                                channels > 1000 W ERP (1640 W EIRP).    
                               Building-mounted antennas: total power of
                                all channels > 1000 W ERP (1640 W EIRP).
Personal Communications        (1) Narrowband PCS (subpart D): non-     
 Services (part 24).            building-mounted antennas: height above 
                                ground level to lowest point of antenna 
                                < 10 m and total power of all channels >
                                1000 W ERP (1640 W EIRP).               
                               Building-mounted antennas: total power of
                                all channels > 1000 W ERP (1640 W EIRP).
                               (2) Broadband PCS (subpart E): non-      
                                building-mounted antennas: height above 
                                ground level to lowest point of antenna 
                                < 10 m and total power of all channels >
                                2000 W ERP (3280 W EIRP).               
                               Building-mounted antennas: total power of
                                all channels > 2000 W ERP (3280 W EIRP).
Satellite Communications       All included.                            
 (part 25).                                                             
General Wireless               Total power of all channels > 1640 W     
 Communications Service (part   EIRP.                                   
 26).                                                                   
Wireless Communications        Total power of all channels > 1640 W     
 Service (part 27).             EIRP.                                   
Radio Broadcast Services       All included.                            
 (part 73).                                                             
Experimental, auxiliary, and   Subparts A, G, L: power > 100 W ERP.     
 special broadcast and other   Subpart I: non-building-mounted antennas:
 program distributional         height above ground level to lowest     
 services (part 74).            point of antenna < 10 m and power > 1640
                                W EIRP.                                 
                               Building-mounted antennas: power > 1640 W
                                EIRP.                                   
Stations in the Maritime       Ship earth stations only.                
 Services (part 80).                                                    

[[Page 47966]]

                                                                        
Private Land Mobile Radio      Non-building-mounted antennas: height    
 Services Paging Operations     above ground level to lowest point of   
 (part 90).                     antenna < 10 m and power > 1000 W ERP   
                                (1640 W EIRP).                          
                               Building-mounted antennas: power > 1000 W
                                ERP (1640 W EIRP).                      
Private Land Mobile Radio      Non-building-mounted antennas: height    
 Services Specialized Mobile    above ground level to lowest point of   
 Radio (part 90).               antenna < 10 m and total power of all   
                                channels > 1000 W ERP (1640 W EIRP).    
                               Building-mounted antennas:               
                               Total power of all channels > 1000 W ERP 
                                (1640 W EIRP).                          
Amateur Radio Service (part    Transmitter output power > levels        
 97).                           specified in Sec.  97.13(c)(1) of this  
                                chapter.                                
Local Multipoint Distribution  Non-building-mounted antennas: height    
 Service (subpart L of part     above ground level to lowest point of   
 101).                          antenna < 10 m and power > 1640 W EIRP. 
                               Building-mounted antennas: power > 1640 W
                                EIRP.                                   
                               LMDS licensees are required to attach a  
                                label to subscriber transceiver antennas
                                that:                                   
                               (1) provides adequate notice regarding   
                                potential radiofrequency safety hazards,
                                e.g., information regarding the safe    
                                minimum separation distance required    
                                between users and transceiver antennas; 
                                and                                     
                               (2) references the applicable FCC-adopted
                                limits for radiofrequency exposure      
                                specified in Sec.  1.1310 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 General Wireless 
Communications Service, the Wireless Communications Service, the 
Maritime Services (ship earth stations only) and the Specialized Mobile 
Radio Service authorized under subpart H of parts 22, 24, 25, 26, 27, 
80, and 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. Unlicensed PCS, 
unlicensed NII and millimeter wave devices are also subject to routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use, as specified in Secs. 15.253(f), 15.255(g), and 
15.319(i) and 15.407(f) 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 are 
the shared responsibility of all licensees whose transmitters produce, 
at the area in question, power density levels that exceed 5% of the 
power density exposure limit applicable to their particular transmitter 
or field strength levels that, when squared, exceed 5% of the square of 
the electric or magnetic field strength limit applicable to their 
particular transmitter. Owners of transmitter sites are expected to 
allow applicants and licensees to take reasonable steps to comply with 
the requirements contained in Sec. 1.1307(b) and, where feasible, 
should encourage co-location of transmitters and common solutions for 
controlling access to areas where the RF exposure limits contained in 
Sec. 1.1310 might be exceeded.
    (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, at the area in question, in a 
power density that exceeds 5% of the power density exposure limit 
applicable to that transmitter or facility or in a field strength that, 
when squared, exceeds 5% of the square of the electric or magnetic 
field strength 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, at the area in question, in a power 
density that exceeds 5% of the power density exposure limit applicable 
to that transmitter or facility or in a field strength that, when 
squared, exceeds 5% of the square of the electric or magnetic field 
strength limit applicable to that transmitter of facility.
    (4) Transition Provisions. For applications filed with the 
Commission prior to October 15, 1997, (or January 1, 1998, for the 
Amateur Radio Service only), 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 (b)(4)(iii) of this section. 
These transition provisions do not apply to applications for equipment 
authorization or use of mobile, portable and unlicensed devices 
specified in paragraph (b)(2) of this section.
* * * * *
    (5) Existing transmitting facilities, devices and operations: All 
existing transmitting facilities, operations and devices regulated by 
the Commission must be in compliance with the requirements of 
paragraphs (b)(1) through (b)(3) of this section by September 1, 2000, 
or, if not in compliance, file an Environmental Assessment as specified 
in Sec. 1.1311.
* * * * *

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. Section 2.1091 is amended by revising the section heading, 
paragraphs (b), (c) and (d)(3) and adding new paragraph (d)(4) to read 
as follows:


Sec. 2.1091  Radiofrequency radiation exposure evaluation: mobile 
devices.

* * * * *

[[Page 47967]]

    (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) Mobile devices that operate in the Cellular Radiotelephone 
Service, the Personal Communications Services, the Satellite 
Communications Services, the General Wireless Communications Service, 
the Wireless Communications Service, 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 
26 of this chapter, part 27 of this chapter, part 80 of this chapter 
(ship earth stations devices only) and part 90 of this chapter are 
subject to routine environmental evaluation for RF exposure prior to 
equipment authorization or use if they operate at frequencies of 1.5 
GHz or below and their effective radiated power (ERP) is 1.5 watts or 
more, or if they operate at frequencies above 1.5 GHz and their ERP is 
3 watts or more. Unlicensed personal communications service devices, 
unlicensed millimeter wave devices and unlicensed NII devices 
authorized under Sec. 15.253, Sec. 15.255, and subparts D and E of part 
15 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 Sec. 2.1093 (b) requiring evaluation under the provisions 
of that section. 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 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) * * *
    (3) If appropriate, compliance with exposure guidelines for devices 
in this section 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) 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 
Sec. 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.
    3. Section 2.1093 is amended by revising paragraphs (b), (c) and 
(d) introductory text to read as follows:


Sec. 2.1093  Radiofrequency radiation exposure evaluation: portable 
devices.

* * * * *
    (b) For purposes of this section, a portable device is defined as a 
transmitting device designed to be used so that the radiating 
structure(s) of the device is/are 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 General Wireless Communications Service, 
the Wireless Communications Service, 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 
26 of this chapter, part 27 of this chapter, part 80 of this chapter 
(ship earth station devices only), part 90 of this chapter, and 
portable unlicensed personal communication service, unlicensed NII 
devices and millimeter wave devices authorized under Sec. 15.253, 
Sec. 15.255 or subparts D and E 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 or use, 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 specified in paragraphs (d)(1) and (d)(2) 
of this section and shall apply for portable devices transmitting in 
the frequency range from 100 kHz to 6 GHz. Portable devices that 
transmit at frequencies above 6 GHz are to be evaluated in terms of the 
MPE limits specified in Sec. 1.1310 of this chapter. Measurements and 
calculations to demonstrate compliance with MPE field strength or power 
density limits for devices operating above 6 GHz should be made at a 
minimum distance of 5 cm from the radiating source.
* * * * *

PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE

    1. The authority citation for part 26 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 26.51 is amended by removing paragraph (d).
    3. Section 26.52 is revised to read as follows:

[[Page 47968]]

Sec. 26.52  RF safety.

    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 revising paragraph (c) to read as 
follows:


Sec. 97.13  Restrictions on station location.

* * * * *

------------------------------------------------------------------------
                                                             Transmitter
                      Wavelength band                           power   
                                                               (watts)  
------------------------------------------------------------------------
                                   MF                                   
------------------------------------------------------------------------
160 m......................................................          500
------------------------------------------------------------------------
                                    HF                                  
------------------------------------------------------------------------
80 m.......................................................          500
75 m.......................................................          500
40 m.......................................................          500
30 m.......................................................          425
20 m.......................................................          225
17 m.......................................................          125
15 m.......................................................          100
12 m.......................................................           75
10 m.......................................................           50
VHF (all bands)............................................           50
------------------------------------------------------------------------
                                   UHF                                  
------------------------------------------------------------------------
70 cm......................................................           70
33 cm......................................................          150
23 cm......................................................          200
13 cm......................................................          250
SHF (all bands)............................................          250
EHF (all bands)............................................          250
------------------------------------------------------------------------

    (2) If the routine environmental evaluation indicates that the RF 
electromagnetic fields could exceed the limits contained in Sec. 1.1310 
of this chapter in accessible areas, the licensee must take action to 
prevent human exposure to such RF electromagnetic fields. Further 
information on evaluating compliance with these limits can be found in 
the FCC's OET Bulletin 65, ``Evaluating Compliance with FCC-Specified 
Guidelines for Human Exposure to Radio Frequency Electromagnetic 
Fields.''

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-24165 Filed 9-11-97; 8:45 am]
BILLING CODE 6712-01-P