[Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
[Rules and Regulations]
[Pages 37417-37419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17516]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 18

[ET Docket No. 98-42, FCC 99-135]


Regulations for RF Lighting Devices

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules for radio 
frequency (RF) lighting devices. This action seeks to eliminate 
unnecessary regulations and to support the introduction of new and 
beneficial products while ensuring that radio communications services 
are protected from interference. Accordingly, we are relaxing the line-
conducted emission limits below 30 MHz for new consumer RF lighting 
devices.

DATES: Effective October 13, 1999.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket 98-76, FCC 99-58, adopted June 9, 1999, and 
released June 16, 1999. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (TW-A257), 445 12th Street, S.W., Washington, 
D.C., and also may be purchased from the Commission's duplication 
contractor, International Transcription Service, 445 12th Street, S.W., 
Room CY-B400, Washington, D.C. 20554.

Summary of the Report and Order

    1. The Report and Order amends Part 18 of the Commission's rules 
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 
Commission rules, however, do not easily accommodate these 
technological advancements and thus hinder the further development and 
implementation of these new products. This action eliminates 
unnecessary regulations and supports the introduction of new and 
beneficial products while ensuring that radio communications services 
are protected from interference. Accordingly, we are relaxing the line-
conducted emission limits below 30 MHz for new consumer RF lighting 
devices.
    2. On April 1, 1998, the Commission adopted a Notice of Proposed 
Rulemaking (Notice) 63 FR 20363, April 24, 1998, that proposed rules to 
accommodate a new generation of RF lighting devices. These new devices 
offer potential benefits for both consumer and non-consumer users. 
General Electric (GE) developed a new Electrodeless Fluorescent Lamp 
(EFL) for typical low power consumer applications such as in-home 
lighting. The GE lamp is designed to operate in the 2.2-2.8 MHz band. 
GE claims that its new lamp is more efficient and longer-lasting than 
incandescent consumer bulbs, and is an improvement over existing low 
frequency RF lights known as Compact Fluorescent Lamps (CFL). Unlike 
current RF lighting lamps,

[[Page 37418]]

EFLs are nearly identical in size and shape to incandescent bulbs. GE 
reports that a new 23-watt EFL will provide light similar to a 75-watt 
standard incandescent bulb and is expected to last two or three times 
longer than present lamps that use electrodes. GE estimates that, if 
10% of consumer lamps were replaced with EFL technology, energy 
consumption in the United States would be reduced by nearly 1 billion 
kilowatt hours, saving consumers approximately $1.4 billion each year. 
The lamp cannot meet the current FCC line-conducted emission limits for 
consumer RF lighting devices without the addition of filters which 
would significantly increase costs and would impede market acceptance. 
In 1995 the Commission granted GE a waiver to begin marketing the lamp 
under relaxed line-conducted emissions limits in the 2.2-2.8 MHz band. 
In the Notice, the Commission proposed to codify the relaxed line-
conducted emission limits.
    3. The Commission proposed to relax the consumer line-conducted 
emission limits 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. This proposal 
was consistent with the waiver granted to GE. The 2.2-2.8 MHz band is 
allocated to several Government and Non-Government communications 
services, including aviation, international fixed public, maritime, 
private land mobile, Government fixed and mobile, and standard 
frequency and time transmissions. Operations on these frequencies 
include, among others, Civil Air Patrol, ship to shore communications, 
broadcast auxiliary, local government and police operations. GE had 
performed analyses showing that there would be little risk of 
interference to these services if the line-conducted emissions limits 
were relaxed. GE marketed several hundred thousand EFLs under the 
waiver, with no reported incidents of interference to communications 
services.
    4. We believe that it is appropriate to relax the line conducted 
limits to facilitate the use of this new technology. GE has 
demonstrated through experience gained under its waiver that the 
proposed relaxation of the line conducted limits does not pose any 
significant risk of causing interference to radio communications 
services. We find no evidence in the record to support argument that 
the proposed relaxation of the line-conducted limit could increase 
spurious emissions due to interactions with other products. Further, we 
find no basis for the argument that the proposed relaxation could lead 
to increased harmonic emissions in other frequency bands because the 
Commission proposed no changes to the existing line-conducted and 
radiated emissions limits that apply to harmonic and spurious emissions 
outside the proposed frequency band.
    5. We also believe that the frequency range for the rule relaxation 
should be changed to be consistent with international standards. We 
believe that harmonization with the frequency band used internationally 
will promote trade and reduce product costs. Accordingly, we are 
relaxing the consumer line-conducted emission limit in Section 
18.307(c) by 22 dB to 3000 microvolts in the 2.51-3.0 MHz band, as 
proposed.
    6. Labelling. The terms of the GE waiver required that an advisory 
label be placed on the product packaging warning of possible 
interference to maritime operations. In the Notice, we asked for 
comment on whether to continue to require this advisory label and 
whether a similar label should be required for all RF lighting devices. 
Commenters recommend requiring a label for RF lighting devices to warn 
users about potential interference to communication services.
    7. We believe that an advisory label is appropriate to further 
ensure that RF lighting devices are not used in close proximity to 
critical navigation and communications equipment. Accordingly, we are 
requiring manufacturers of RF lighting devices to provide an advisory 
statement, either on the product packaging or with other user 
documentation, similar to the following: ``This product may cause 
interference to radio communications and should not be installed near 
maritime safety communications equipment or other critical navigation 
or communication equipment operating between 0.45-30 MHz.'' Variations 
of this language are permitted provided all the points of the statement 
are addressed.
    8. Transient Emissions. In the Notice, we invited comment as to 
whether any requirements may be necessary to address transient 
emissions that can occur when RF lighting devices are turned on and 
off. We find that requirements for transient emissions are unnecessary. 
The limited potential for added interference does not warrant 
additional regulations. Accordingly, we choose not to adopt any 
requirements for transient emissions.
    9. It is ordered that Part 18 of the Commission's Rules and 
Regulations is amended as specified and will be effective October 13, 
1999 in order to allow sufficient time for the Paperwork Reduction Act 
requirements due to the new labelling regulations. 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.
Final Regulatory Flexibility Analysis
    10. As required by the Regulatory Flexibility Act 
(RFA),1 the Commission prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the expected significant economic impact 
on small entities by the policies and rules proposed in the Notice of 
Proposed Rule Making (``Notice''). Written public comments were 
requested on the IRFA. The Final Regulatory Flexbility Analysis (FRFA) 
in this Report and Order conforms to the RFA.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
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Need for and Objective of the Rules
    11. This rule making proceeding was initiated to obtain comment 
regarding proposals to change the regulations for RF lighting. Recent 
developments and advances in RF lighting technology offer potential 
economic and environmental benefits for consumers and industry. The 
current Commission 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.
Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA
    12. No commenting parties raised issues specifically in response to 
the IRFA.
Description and Estimate of the Number of Small Entities to Which the 
Rules Will Apply
    13. The RFA generally defines a ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' and 
``small government jurisdiction.'' 2 In addition, the term 
``small business'' is the same meaning as the term ``small business

[[Page 37419]]

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.3 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).4
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    \2\ See 5 U.S.C. 601(6).
    \3\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 5 U.S.C. 632).
    \4\ 15 U.S.C. 632.
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    14. 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.5 
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.
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    \5\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4899.
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Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements
    15. 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 being made 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
    16. The new rules adopted in this Report and Order are intended to 
support the further development and implementation of new RF lighting 
products. These actions will benefit all RF lighting manufacturers, 
including small entities.
    17. 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 an Electrodeless 
Fluorescent Lamp (EFL) that operates between 2.2-2.8 MHz. This is 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.
    18. 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 are 
modifying our rules to accommodate these new technologies to the extent 
possible while still ensuring that communications services are 
protected from harmful interference.
Report to Congress
    19. 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. 801(a)(1)(A). A copy of this FRFA will also be 
published in the Federal Register, see 5 U.S.C. 604(b), and will be 
sent to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 18

    Business and industry, Household appliances, Radio, Report and 
recordkeeping requirements.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, Part 18 of the Code of 
Federal Regulations, is amended as follows:

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

    1. The authority citation for Part 18 continues to read as follows:

    Authority: 47 U.S.C. Sec. 4, 301, 302, 303, 304 and 307.

    2. Section 18.213, paragraph (d) is added to read as follows:


Sec. 18.213  Information to the user.

* * * * *
    (d) Manufacturers of RF lighting devices must provide an advisory 
statement, either on the product packaging or with other user 
documentation, similar to the following: This product may cause 
interference to radio equipment and should not be installed near 
maritime safety communications equipment or other critical navigation 
or communication equipment operating between 0.45-30 MHz. Variations of 
this language are permitted provided all the points of the statement 
are addressed and may be presented in any legible font or text style.
    3. Section 18.307(c) is revised to read as follows:


Sec. 18.307  Conduction Limits.

* * * * *
    (c) RF lighting devices:

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                                                              Maximum RF
                                                                 line
                                                               voltage
                      Frequency (MHz)                          measured
                                                              with a 50
                                                              uH/50 ohm
                                                              LISN (uV)
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Non-consumer equipment:
  0.45 to 1.6..............................................        1,000
  1.6 to 30................................................        3,000
Consumer equipment:
  0.45 to 2.51.............................................          250
  2.51 to 3.0..............................................        3,000
  3.0 to 30................................................          250
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[FR Doc. 99-17516 Filed 7-9-99; 8:45 am]
BILLING CODE 6712-01-P