[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Notices]
[Pages 26202-26203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11237]



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FEDERAL COMMUNICATIONS COMMISSION

[DA 00-912]


Year 2000 Deadline for Compliance With Commission's Regulations 
Regarding Human Exposure to Radiofrequency Emissions

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Commission released a document on April 27, 2000, that 
reminds all of the Commission's licensees and grantees of the impending 
deadline for ensuring compliance with provisions of the Commission's 
rules. It is the responsibility of the licensee or grantee to either 
take action to bring the facility, operation or device into compliance 
or file an Environmental Assessment (EA) with the Commission no later 
than September 1, 2000. After September 1, 2000, if any facility, 
operation or device is found not to be in compliance with the 
Commission's RF exposure guidelines, and if the required EA has not 
been filed, the Commission will consider this to be a violation of its 
rules resulting in possible fines, forfeiture or other actions deemed 
appropriate by the Commission.

FOR FURTHER INFORMATION CONTACT: Robert Cleveland, Office of 
Engineering and Technology, (202) 418-2422.

SUPPLEMENTARY INFORMATION: This is a summary of the text of the Public 
Notice, DA 00-912, released April 27, 2000. The document is available 
for inspection and copying during normal business hours in the FCC 
Reference Information Center, Room CY-A257, 445 12th Street, SW, 
Washington, DC, and also may be purchased from the Commission's 
duplication contractor, International Transcription Service, (202) 857-
3800, 1231 20th Street, NW Washington, DC 20036.

Summary of Public Notice

    1. On August 25, 1997, the Commission adopted the second of two 
Orders finalizing its rules regarding compliance with safety limits for 
human exposure to radiofrequency (RF) emissions, 62 FR 47960, September 
12, 1997. The effective dates for implementation of the revised rules 
were August 1, 1996, for devices subject to equipment authorization, 
such as cellular and PCS telephones, and October 15, 1997, for other 
transmitting facilities and operations (except the Amateur Radio 
Service for which the effective date was January 1, 1998). For devices, 
facilities and operations authorized or licensed by the Commission 
prior to the appropriate effective date, the following provision was 
adopted in reference to 47 CFR 1.1307(b)(1) through 1.1307(b)(3): ``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. Sec. 1.1307(b)(5) and 1.1311.'' If such an Environmental 
Assessment (``EA'') is required, the obligation to file it would fall 
upon the licensee presently holding the permit or license to transmit, 
or the party presently holding the grant of equipment authorization.
    2. An EA is a formal document required by the National 
Environmental Policy Act whenever an action may have a significant 
environmental impact. Section 1.1311 of the Commission's rules, 47 CFR 
1.1311, explains what information must be included in an EA. The 
Commission's rules require that EAs accompany applications for 
licenses, renewals or other Commission actions when there is evidence 
of environmental impact for a variety of categories. An EA would be 
considered by the Commission to determine whether the environmental 
impact described is significant and whether further action is needed to 
minimize or eliminate the environmental effect. Filing procedures for 
EAs may vary depending on the specific authorizing bureau or office. 
Information on specific filing procedures can be obtained at the 
appropriate Web site address or phone number found at the end of this 
notice. With respect to antennas located on fixed structures, filers of 
EAs should be aware that non-RF environmental issues must be addressed 
in any EA filed with the Commission in accordance with the requirements 
of Sec. 1.1311 and the Commission's environmental rules in 
Sec. Sec. 1.1301 thorugh 1.1319.
    3. The purpose of this Public Notice is to remind all of the 
Commission's licensees and grantees of the impending September 1 
deadline for ensuring compliance with these provisions of its rules. 
Therefore, if an existing facility, operation or device of a licensee 
or grantee is not in compliance with the provisions of 47 CFR 
1.1307(b)(1) through (b)(3), it is the responsibility of the licensee 
or grantee to either take action to bring the facility, operation or 
device into compliance or file an EA with the Commission no later than 
September 1, 2000. After September 1, 2000, if any facility, operation 
or device is found not to be in compliance with the Commission's RF 
exposure guidelines, and if the required EA has not been filed, the 
Commission will consider this to be a violation of its rules resulting 
in possible fines, forfeiture or other actions deemed appropriate by 
the Commission. With respect to antennas located on fixed structures, 
it is the responsibility of the respective licensees, not tower owners, 
to undertake an environmental evaluation and file EAs, if required, due 
to non-compliance with our RF rules.
    4. It is important to note that the Commission's RF exposure rules 
apply to all facilities, operations and devices regulated by the 
Commission. While a given facility, operation or device might be 
categorically excluded from routine evaluation for RF exposure by 
Sec. 1.1307(b)(1) of our rules, it must still comply with the FCC's 
exposure guidelines.
    5. Consumers should be aware that hand-held cellular and PCS 
telephones that were authorized by the FCC after the August 1, 1996, 
effective date have been evaluated for compliance with FCC guidelines 
for safe exposure. Furthermore, PCS devices subject to equipment 
authorization have been required to comply with our RF guidelines since 
1994. This means that a large number, if not the majority, of cellular 
and PCS telephones now in use in the United States have already been 
evaluated for compliance with the FCC's RF exposure limits. To the 
extent that a wireless handset received an FCC authorization prior to 
the August 1, 1996, effective date, and is still being produced and 
marketed, manufacturers of such handsets will be required to file EAs 
if the handset in question is not in compliance with the FCC's RF 
guidelines.
    6. Further information on the Commission's RF exposure rules and on 
evaluating compliance with FCC RF guidelines may be found at the 
Commission's RF Safety Web page: www.fcc.gov/oet/rfsafety. In 
particular, the Office of Engineering and Technology's OET Bulletin 65 
and supplements to this bulletin (all available at the Web Site for 
viewing and downloading) offer detailed guidance on evaluating 
compliance. Requests for information or copies of these documents can 
also be directed to the FCC's RF Safety Program in the Office of 
Engineering and Technology, (202) 418-2464 or by e-mail to: 
[email protected].
    7. For information on specific filing procedures for EAs, licensees 
and grantees should consult the following

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Web Sites or contact the appropriate FCC office or bureau:
     Wireless Telecommunications Bureau: www.fcc.gov/wtb; Irene 
Griffith: (202) 418-1315.
     Mass Media Bureau: www.fcc.gov/mmb; FM (Brian Butler): 
(202) 418-2700;
     AM (Joseph Szczesny): (202) 418-2700; TV (John Morgan): 
(202) 418-1600.
     International Bureau: www.fcc.gov/ib; (202) 418-2222.
     Office of Engineering and Technology: www.fcc.gov/oet; 
(202) 418-2464.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-11237 Filed 5-4-00; 8:45 am]
BILLING CODE 6712-01-P