[Federal Register Volume 63, Number 79 (Friday, April 24, 1998)]
[Proposed Rules]
[Pages 20362-20364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10948]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 18

[ET Docket 98-42; FCC 98-53]


Regulations for RF Lighting Devices

AGENCY: Federal Communications Commission

ACTION: Proposed rule.

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SUMMARY: By this Notice of Proposed Rulemaking, the Commission is 
proposing to update the regulations for RF lighting devices. This 
action is taken in response to new developments in RF lighting 
technology. It is intended to support the development of new more 
efficient RF lighting products for consumer and commercial 
applications.

DATES: Comments are due July 8, 1998. Reply comments are due August 7, 
1998.

FOR FURTHER INFORMATION CONTACT: Office of Engineering and Technology, 
Anthony Serafini at (202) 418-2456.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's  
Notice of Proposed Rulemaking adopted April 1, 1998 and released April 
9, 1998. The full text of this decision is available for inspection and 
copying during regular business hours in the FCC Reference Center, Room 
239, 1919 M Street, NW, Washington, DC. The complete text of this 
decision also may be purchased from the Commission's duplication 
contractor, International Transcription Service, Inc., (202) 857-3800, 
1231 20th Street, NW, Washington, DC 20036.

Summary of the Notice of Proposed Rulemaking

    1. By this action, the Commission proposes to amend part 18 of its 
rules to update the regulations for radio frequency (RF) lighting 
devices. Recent developments and advances in RF lighting technology 
offer potential economic and environmental benefits for consumers and 
industry. The current FCC rules, however, may not easily accommodate 
these technological advancements and thus hinder the further 
development and implementation of these new products. This action seeks 
to reduce unnecessary

[[Page 20363]]

regulatory burden and to support the introduction of new and beneficial 
products while ensuring that spectrum-based communications services 
continue to be protected from interference. Accordingly, the Commission 
proposes to relax the line-conducted emission limits and to adopt 
radiated emission limits above 1 GHz for RF lighting devices and 
solicits comments on these proposals.
    2. RF lighting technology has been typically designed to operate at 
relatively low frequencies around 150 kHz. The new products we are 
considering are designed to operate at much higher frequencies and 
therefore were not taken into account when the existing rules were 
adopted. The new consumer RF light operates in the 2.2-2.8 MHz band. 
This product is more efficient and longer lasting than existing 
incandescent bulbs. We propose to amend our rules to allow for this new 
technology without causing potential harmful interference to spectrum-
based services. We propose to relax the consumer line-conducted 
emission limit in Section 18.307(c) by 22 dB in the 2.2-2.8 MHz band to 
the existing non-consumer limit of 3000 microvolts.
    3. The new commercial use product is a high-power RF lamp that 
operates in the 2400-2500 MHz Industrial, Scientific, and Medical (ISM) 
band and offers benefits similar to the consumer lighting product. 
Although this product is an RF lamp, it uses a magnetron power source 
similar to magnetrons used in microwave ovens operating in the same 
band. Therefore, it does not easily fit under our rules for either RF 
lighting or microwave ovens. We propose to amend the RF lighting rules 
to consider the requirements of this new technology. Specifically, we 
seek comment on whether the non-consumer line-conducted limits in 
Section 18.307(c) should be relaxed 10 dB for RF lighting products. We 
also propose to adopt out-of-band radiated limits above 1 GHz.

Initial Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) of the expected significant economic impact on small entities by 
the policies and rules proposed in this Notice of Proposed Rule Making 
(``Notice''). Written public comments are requested on the IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the Notice. The Commission will send a 
copy of the Notice, including this IFRA, to the Chief Counsel for 
Advocacy of the Small Business Administration. See 5 U.S.C. 603(a). In 
addition, the Notice and IRFA (or summaries thereof) will be published 
in the Federal Register.

Need for and Objectives of the Proposed Rules

    5. This rule making proceeding is initiated to obtain comment 
regarding proposals to change the conducted line emission limits for RF 
lighting. Recent developments and advances in RF lighting technology 
offer potential economic and environmental benefits for consumers and 
industry. The current FCC rules, however, do not easily accommodate 
these technological advancements and thus hinder the further 
development and implementation of these promising new products. This 
action seeks to relax the part 18 regulations to accommodate new and 
beneficial products while ensuring that other important communications 
services continue to be protected from interference. This action will 
potentially benefit all entities using RF lighting technologies, 
including small entities.

Legal Basis

    6. The proposed action is authorized under Sections 4(i), 301, 302, 
303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 1934, 
as amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), 
303(r), 304 and 307.

Description and Estimate of the Number of Small Entities to Which 
the Proposed Rule Will Apply

    7. The RFA generally defines a ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' and 
``small government jurisdiction.'' In addition, the term ``small 
business'' is the same meaning as the term ``small business concern'' 
under the Small Business Act (``SBA''), 15 U.S.C. 632, unless the 
Commission has developed one or more definitions that are appropriate 
to its activities. Under the SBA, a ``small business concern'' is one 
that (1) is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) meets any individual criteria 
established by the Small Business Administration (SBA).
    8. The Commission has not developed a definition of small entities 
applicable to RF Lighting Devices. 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 
one with $11.0 million or less in annual receipts. According to Census 
Bureau data, there are 848 firms that fall under the category of 
Communications Services, Not Elsewhere Classified. Of those, 
approximately 775 reported annual receipts of $11 million or less and 
qualify as small entities.
    9. This Notice seeks comment to help the Commission determine the 
appropriate regulations necessary to protect communications services 
while facilitating development and use of the new generation of energy 
saving RF lighting devices. We also request comment on the description 
and the number of small entities that may be significantly impacted by 
this proposal.

Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    10. Under part 18 of the FCC rules, consumer ISM equipment must be 
approved under the FCC certification process and non-consumer equipment 
is subject to verification. No changes are proposed to the testing and 
approval process requirements for RF lighting product.

Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    11. U.S. manufacturers have developed new RF lighting technologies 
that offer potential economic and environmental benefits to consumers 
and industry. General Electric (GE) has developed and Electrodeless 
Fluorescent Lamp (EFL) that operates between 2.2-2.8 MHz. This a more 
efficient, longer lasting consumer lamp that is an alternative to 
normal incandescent light bulbs. EFL lamps represent a new generation 
of technology beyond the existing low frequency RF lights known as 
Compact Fluorescent Lamps (CFL), which are limited in their 
applications due to their non-traditional design using curved tubing. 
EFL lamps are nearly identical in size and shape to incandescent bulbs 
and therefore, are expected to have greater consumer applications and 
acceptance over CFL lamps.
    12. The existing RF lighting rules were adopted many years ago for 
products operating at relatively low frequencies and do not easily 
accommodate new state-of-the-art RF lighting technologies. We believe 
it is appropriate to examine and modify our rules to accommodate these 
new technologies to the extent possible while still ensuring that 
communications services are protected from harmful interference.
    13. Fusion Lighting, Inc. (Fusion) has developed an efficient, 
longer-lasting,

[[Page 20364]]

high-power commercial lamp that is suitable for lighting coverage of 
large, commercial areas, such as warehouses, parking lots and shopping 
malls. Fusion's efforts were supported by the Department of Energy 
(DOE), the Environmental Protection Agency (EPA) and the National Air 
and Space Administration (NASA). Fusion states that its sulfur based 
lamp is over four times more efficient than incandescent lighting, yet 
does not have the color drawbacks of present mercury based high 
intensity discharge lamps used in typical outside lighting and 
commercial environments. The lamp produces a spectra closely matching 
that of the sun, but with very little heat or ultraviolet rays. In 
testing demonstrations, two Fusion lamps, shining light from both ends 
into a reflective light tube 240 feet long, were able to replace the 
light of 240 and 175 watt mercury lamps at the DOE headquarters. At the 
National Air and Space Museum, three Fusion lamps shining into three 
separate 90-foot tubes replaced 94 conventional lights.
    14. Fusion states that the cost of complying with the current line-
conducted limits for RF lighting devices is excessive. The Fusion lamp 
must use a line filter to come into compliance with the line-conducted 
limits for commercial RF lighting devices. Fusion argues that although 
existing line filters will permit Fusion's lamp to pass the current FCC 
limits, they are not designed for the operating temperatures of the 
lamp and therefore fail to meet Underwriter Laboratories (UL) safety 
requirements. Additionally, Fusion solicited data from power supply 
manufacturers and notes that a custom line filter needed to make their 
product meet both the FCC and UL requirements would add approximately 
15 percent to the final cost.
    15. At this time, we are proposing no additional, alternative RF 
rule modifications beyond those generally described by GE and Fusion. 
We seek comment on any additional alternatives.

Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    16. None.

List of Subjects in 47 CFR Part 18

    Business and industry.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-10948 Filed 4-23-98; 8:45 am]
BILLING CODE 6712-01-F