[Federal Register Volume 68, Number 173 (Monday, September 8, 2003)]
[Proposed Rules]
[Pages 52879-52889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22624]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2 and 95

[ET Docket No. 03-137; FCC 03-132]


Exposure to Radiofrequency Electromagnetic Fields

AGENCY: Federal Communications Commission

ACTION: Proposed rule.

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SUMMARY: This document seeks comment on proposed amendments to the 
FCC's rules and regulations relating to compliance of transmitters and 
facilities with guidelines for human exposure to radiofrequency (RF) 
energy. These proposals are intended to ensure protection of the public 
from potentially adverse health effects from RF exposure, while 
avoiding any unnecessary burden in evaluating compliance with FCC 
requirements. Several proposals are made regarding the Commission's 
rules and regulations including proposals related to categorical 
exclusion from routine evaluation for RF exposure, requirements for 
evaluation of Specific Absorption Rate (SAR) for certain RF devices, RF 
evaluation requirements for modular transmitters, labeling requirements 
for consumer devices, clarifications of responsibilities for evaluating 
compliance, special considerations regarding occupational exposure to 
RF fields, procedures for measuring RF fields for evaluating 
compliance, and other miscellaneous items related to clarification of 
the FCC's rules for RF exposure.

DATES: Written comments are due December 8, 2003, and reply comments 
are due January 6, 2004.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), ET Docket No. 03-137, FCC 03-132, 
adopted June 12, 2003, and released June 26, 2003. The full text of 
this document is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room CY-A257), 445 12th 
Street, SW., Washington, DC 20554. The complete text of this document 
also may be purchased from the Commission's copy contractor, Qualex 
International, 445 12th Street, SW., Room CY-B402, Washington, DC 
20554. The full text may also be downloaded at: http://www.fcc.gov. 
Alternate formats are available to persons with disabilities by 
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments on or before 
December 8, 2003, and reply comments on or before January 6, 2004. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998. Comments 
filed through the ECFS can be sent as an electronic file via the 
Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one 
copy of an electronic submission must be filed. If multiple docket or 
rulemaking numbers appear in the caption of this proceeding, however, 
commenters must transmit one electronic copy of the comments to each 
docket or rulemaking number referenced in the caption. In completing 
the transmittal screen, commenters should include their full name, U.S. 
Postal Service mailing address, and the applicable docket or rulemaking 
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], and should include the following words 
in the body of the message, ``get form .'' A sample form and directions will be sent in 
reply. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number.
    All filings must be addressed to the Commission's Secretary, Office 
of the

[[Page 52880]]

Secretary, Federal Communications Commission. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although we continue 
to experience delays in receiving U.S. Postal Service mail). The 
Commission's contractor, Vistronix, Inc., will receive hand-delivered 
or messenger-delivered paper filings for the Commission's Secretary at 
236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The 
filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries 
must be held together with rubber bands or fasteners. Any envelopes 
must be disposed of before entering the building. Commercial overnight 
mail (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. 
U.S. Postal Service first-class mail, Express Mail, and Priority Mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554.

Summary of the Notice of Proposed Rule Making

Proposed Changes in the Commission's Rules Regarding Human Exposure to 
Radiofrequency Electromagnetic Fields

    1. The National Environmental Policy Act of 1969 (NEPA) requires 
agencies of the Federal Government to evaluate the effects of their 
actions on the quality of the human environment. To meet its 
responsibilities under NEPA, the Commission has adopted requirements 
for evaluating the potential environmental impact of its actions. One 
of several environmental factors that must be considered is human 
exposure to radiofrequency (RF) energy emitted by FCC-regulated 
transmitters and facilities.
    2. In 1996 and 1997, the Commission established its most recent 
comprehensive guidelines for evaluating the environmental impact of RF 
energy. These guidelines include limits for Maximum Permissible 
Exposure (MPE), including limits for both whole-body and partial-body 
exposures. The Commission's guidelines were based on recommendations 
from expert scientific bodies as well as on guidance received from 
Federal agencies with responsibility for protecting the public health 
and for worker safety.
    3. Since adoption and implementation of its guidelines, the 
Commission has determined that certain revisions and changes may be 
needed in the procedures and regulations used in ensuring compliance 
with the RF exposure guidelines. For example, additional transmitters 
and devices under FCC jurisdiction may be eligible for categorical 
exclusion from routine evaluation while others may have been 
inappropriately excluded. Also, certain criteria used for categorical 
exclusion should be harmonized to govern similar facilities in 
different services. In addition, it appears that certain aspects of the 
Commission's RF exposure rules may require revision to clarify the 
responsibilities of licensees and grantees and to ensure compliance in 
a more practical, consistent and efficient manner.
    4. This NPRM makes several proposals to accomplish these goals, and 
Commission is requesting comment on all of the proposals. These 
proposals are related only to the Commission's implementation of 
procedures for compliance with the adopted limits for human exposure 
from fixed, mobile and portable transmitters regulated by the FCC. This 
NPRM does not invite comment regarding the exposure limits themselves, 
which have been developed in conjunction with other organizations and 
agencies that have primary expertise in health and safety.

Initial Regulatory Flexibility Analysis

    5. As required by the Regulatory Flexibility Act (RFA),\1\ the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities by 
the policies and rules proposed in this Notice of Proposed Rule Making 
(NPRM). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments provided in this NPRM. The Commission will send 
a copy of this NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA).\2\
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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).
    \2\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Proposed Rules

    6. The National Environmental Policy Act of 1969 (NEPA) requires 
agencies of the Federal Government to evaluate the effects of their 
actions on the quality of the human environment.\3\ To meet its 
responsibilities under NEPA, the Commission has adopted requirements 
for evaluating the environmental impact of its actions. One of several 
environmental factors addressed by these requirements is human exposure 
to radiofrequency (RF) energy emitted by FCC-regulated transmitters, 
facilities and devices.\4\
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    \3\ National Environmental Policy Act of 1969, as amended, 42 
U.S.C. 4321-4335.
    \4\ See 47 CFR 1.1307(b).
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    7. The NPRM proposes to amend parts 1 and 2 of our rules relating 
to the compliance of FCC regulated transmitters, facilities, and 
devices with the guidelines for human exposure to radiofrequency (RF) 
energy adopted by the Commission in 1996 and 1997. Specifically we are 
proposing to make certain revisions in our rules that we believe will 
result in more efficient, practical and consistent application of 
compliance procedures.

B. Legal Basis

    8. The proposed action is authorized under sections 4(i), 301, 
303(f) and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 301, 303(f) and 303(r).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    9. The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\5\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \6\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act, 15 U.S.C. 632, unless the Commission has 
developed one or more definitions that are appropriate to its 
activities.\7\ 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 additional criteria established by the 
Small Business Administration (``SBA'').\8\
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    \5\ 5 U.S.C. 603(b)(3).
    \6\ 5 U.S.C. 601(6).
    \7\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \8\ 15 U.S.C. 632.
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Experimental Radio Service (Other Than Broadcast)
    10. The Commission has not developed a definition of small entities

[[Page 52881]]

applicable to experimental licensees. Therefore, the applicable 
definition of small entity is the definition under the Small Business 
Administration (SBA) rules applicable to radiotelephone companies. This 
definition provides that a small entity is a radiotelephone company 
employing fewer than 1,500 persons. The Commission is unable at this 
time to make a precise estimate of the number of Experimental Radio 
Services which are small businesses.
    11. The majority of experimental licenses are issued to companies 
such as Motorola and Department of Defense contractors such as 
Northrop, Lockheed and Martin Marietta. Businesses such as these may 
have as many as 200 licenses at one time. The majority of these 
applications are from entities such as these. Given this fact, the 
remaining 30 percent of applications, we assume, for purposes of our 
evaluations and conclusions in this FRFA, will be awarded to small 
entities, as that term is defined by the SBA.
    12. The Commission processes approximately 1,000 applications a 
year for experimental radio operations. About half or 500 of these are 
renewals and the other half are for new licenses. We do not have 
adequate information to predict precisely how many of these 
applications will be impacted by our proposed rule revisions. However, 
based on the above figures we estimate that as many as 300 of these 
applications could be from small entities and potentially could be 
impacted.

Mass Media Services

    13. Experimental Broadcast Stations; Low Power TV, TV Translator 
and TV Booster Stations; Instructional Television Fixed Service; FM 
Broadcast Translator Stations and FM Booster Stations. These services 
involve a variety of transmitters, generally used to relay broadcast 
programming to the public (through translator and booster stations) or 
within the program distribution chain (e.g., from a remote news 
gathering unit back to the station), although the latter service is not 
affected by this proceeding. The applicable definitions of small 
entities are those, noted previously, under the SBA rules and are 
applicable to radio broadcasting stations and television broadcasting 
stations.\9\
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    \9\ 13 CFR 121.201, NAICS codes 513111 and 513112.
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    14. The Commission estimates that there are approximately 2,700 
translators and boosters. The Commission does not collect financial 
information on any broadcast facility, and the Department of Commerce 
does not collect financial information on these broadcast facilities. 
We recognize that most commercial translators and boosters are owned by 
a parent station which, in some cases, would be covered by the revenue 
definition of small business entity discussed above. These stations 
would likely have annual revenues that exceed the SBA maximum to be 
designated as a small business (either $5 million for a radio station 
or $10.5 million for a TV station). Furthermore, they do not meet the 
Small Business Act's definition of a ``small business concern'' because 
they are not independently owned and operated.\10\
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    \10\ 15 U.S.C. 632.
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    15. There are presently 2032 ITFS licensees. All but 100 of these 
licensees are held by educational institutions. Educational 
institutions are included in the definition of a small business. We do 
not, however, collect annual revenue data for ITFS licensees and are 
not able to ascertain how many of the 100 non-educational licensees 
would be categorized as small under the SBA definition. Therefore, we 
conclude that at least 1932 ITFS licensees are small businesses. All of 
these licensees could be impacted by the rule revisions proposed with 
respect to categorical exclusion and labeling requirements for 
subscriber transceivers.
    16. Multipoint Distribution Service (MDS). This service has 
historically provided primarily point-to-multipoint, one-way video 
services to subscribers.\11\ The Commission recently amended its rules 
to allow MDS licensees to provide a wide range of high-speed, two-way 
services to a variety of users.\12\ In connection with the 1996 MDS 
auction, the Commission defined small businesses as entities that had 
annual average gross revenues for the three preceding years not in 
excess of $40 million.\13\ The Commission established this small 
business definition in the context of this particular service and with 
the approval of the SBA.\14\ The MDS auction resulted in 67 successful 
bidders obtaining licensing opportunities for 493 Basic Trading Areas 
(BTAs).\15\ Of the 67 auction winners, 61 met the definition of a small 
business. At this time, we estimate that of the 61 small business MDS 
auction winners, 48 remain small business licensees. In addition to the 
48 small businesses that hold BTA authorizations, there are 
approximately 392 incumbent MDS licensees that are considered small 
entities.\16\ After adding the number of small business auction 
licensees to the number of incumbent licensees not already counted, we 
find that there are currently approximately 440 MDS licensees that are 
defined as small businesses under either the SBA or the Commission's 
rules. These small business licensees may be affected by the proposals 
in this NPRM pertaining to categorical exclusion and labeling.
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    \11\ For purposes of this item, MDS includes both the single 
channel Multipoint Distribution Service (MDS) includes Local 
Multipoint Distribution Service (LMDS), and the Multichannel 
Multipoint Distribution Service (MMDS).
    \12\ Amendment of Parts 21 and 74 to Enable Multipoint 
Distribution Service and Instructional Television Fixed Service 
Licensees to Engage in Fixed Two-Way Transmissions, 13 FCC Rcd 19112 
(1998), recon., 14 FCC Rcd 12764 (1999), further recon., 15 FCC Rcd 
14566 (2000).
    \13\ 47 CFR 21.961 and 1.2110.
    \14\ Amendment of Parts 21 and 74 of the Commission's Rules with 
Regard to Filing Procedures in the Multipoint Distribution Service 
and in the Instructional Television Fixed Service and Implementation 
of Section 309(j) of the Communications Act--Competitive Bidding, 10 
FCC Rcd 9589, 9670 (1995), 60 FR 36524 (July 17, 1995).
    \15\ Basic Trading Areas (BTAs) were designed by Rand McNally 
and are the geographic areas by which MDS was auctioned and 
authorized. See id. At 9608.
    \16\ 47 U.S.C. 309(j). (Hundreds of stations were licensed to 
incumbent MDS licensees prior to implementation of section 309(j) of 
the Communications Act of 1934, 47 U.S.C. 309(j). For these pre-
auction licenses, the applicable standard is SBA's small business 
size standard for ``other telecommunications'' (annual receipts of 
$11 million or less). See 13 CFR 121.201.
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Maritime Services

    17. The proposed rules would not change the current rules that 
affect licensees using ship earth stations in the Maritime Services. 
The Commission has not developed a definition of small entities 
applicable to licensees of ship earth stations. Therefore, the 
Commission is unable at this time to make a precise estimate of the 
number of licensees of ship earth stations which are small businesses.

International Services

    18. The Commission has not developed a definition of small entities 
applicable to licensees in the international services. Therefore, the 
applicable definition of small entity is generally the definition under 
the SBA rules applicable to Communications Services, Not Elsewhere 
Classified (NEC).\17\ This definition provides that a small entity is 
expressed as one with $11.0 million or less in annual receipts.\18\ 
According to the Census Bureau, there were a total of 848 
communications services providers,

[[Page 52882]]

NEC, in operation in 1992, and a total of 775 had annual receipts of 
less than $10.0 million.\19\ The Census report does not provide more 
precise data.
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    \17\ An exception is the Direct Broadcast Satellite (DBS) 
Service, infra.
    \18\ 13 CFR 121.201, NAICS codes 48531, 513322, 51334, and 
51339.
    \19\ 1992 Economic Census Industry and Enterprise Receipts Size 
Report, Table 2D, NAICS codes 48531, 513322, 51334, and 513391 (U.S. 
Bureau of the Census data under contract to the Office of Advocacy 
of the U.S. Small Business Administration).
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    International Broadcast Stations. Commission records show that 
there are 17 international high frequency broadcast station 
authorizations. We do not request nor collect annual revenue 
information, and are unable to estimate the number of international 
high frequency broadcast stations that would constitute a small 
business under the SBA definition. Since all international broadcast 
stations operate using relatively high power levels, it is likely that 
they could all be impacted by our rule revisions.
    Fixed Satellite Transmit/Receive Earth Stations. There are 
approximately 2,784 earth station authorizations, a portion of which 
are Fixed Satellite Transmit/Receive Earth Stations. We do not request 
nor collect annual revenue information, and are unable to estimate the 
number of the earth stations that would constitute a small business 
under the SBA definition. However, the majority of these stations could 
be impacted by our revised rules.
    Fixed Satellite Small Transmit/Receive Earth Stations. There are 
approximately 2,784 earth station authorizations, a portion of which 
are Fixed Satellite Small Transmit/Receive Earth Stations. We do not 
request nor collect annual revenue information, and are unable to 
estimate the number of fixed small satellite transmit/receive earth 
stations that would constitute a small business under the SBA 
definition. However, the majority of these stations could be impacted 
by our revised rules.
    Fixed Satellite Very Small Aperture Terminal (VSAT) Systems. These 
stations operate on a primary basis, and 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. There are 492 current VSAT 
System authorizations. We do not request nor collect annual revenue 
information, and are unable to estimate the number of VSAT systems that 
would constitute a small business under the SBA definition. However, it 
is expected that many of these stations could be impacted by our 
revised rules.
    Mobile Satellite Earth Stations. There are 15 licensees. We do not 
request nor collect annual revenue information, and are unable to 
estimate the number of mobile satellite earth stations that would 
constitute a small business under the SBA definition. However, it is 
expected that many of these stations could be impacted by our revised 
rules.

Wireless and Commercial Mobile Services

    19. Cellular Licensees. Neither the Commission nor the SBA has 
developed a definition of small entities specific to cellular 
licensees. Therefore, the applicable definition of small entity is the 
definition under the SBA rules applicable to radiotelephone (wireless) 
companies. This provides that a small entity is a radiotelephone 
(wireless) company employing no more than 1,500 persons.\20\ According 
to the Census Bureau, only twelve radiotelephone (wireless) firms from 
a total of 1,178 such firms which operated during 1992 had 1,000 or 
more employees.\21\ Even if all twelve of these firms were cellular 
telephone companies, nearly all cellular carriers were small businesses 
under the SBA's definition. In addition, we note that there are 1,758 
cellular licenses; however, a cellular licensee may own several 
licenses. According to the most recent Telecommunications Reporting 
Worksheets data, 806 wireless telephony providers reported that they 
were engaged in the provision of either cellular service, Personal 
Communications Service (PCS) services, and SMR telephony carriers, 
which are placed together in the data.\22\ We do not have data 
specifying the number of these carriers that are not independently 
owned and operated or have more than 1,500 employees, and are unable at 
this time to estimate with greater precision the number of cellular 
service carriers that would qualify as small business concerns under 
the SBA's definition. We estimate that there are fewer than 806 small 
wireless service providers that may be affected by these revised rules. 
All may be impacted by these proposed rule revisions.
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    \20\ 13 CFR 121.201, NAICS code 513322.
    \21\ 1992 Census, Series UC92-S-1, at Table 5, NAICS code 
513322.
    \22\ Trends in Telephone Service, Table 16.3 (December 2000).
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    Private and Common Carrier Paging. In the Paging Third Report and 
Order, we adopted criteria for defining small businesses and very small 
businesses for purposes of determining their eligibility for special 
provisions such as bidding credits and installment payments.\23\ We 
have defined a small business as an entity that, together with its 
affiliates and controlling principals, has average gross revenues not 
exceeding $15 million for the preceding three years. Additionally, a 
very small business is defined as an entity that, together with its 
affiliates and controlling principals, has average gross revenues that 
are not more than $3 million for the preceding three years.\24\ The SBA 
has approved these definitions.\25\ An auction of Metropolitan Economic 
Area licenses commenced on February 24, 2000, and closed on March 2, 
2000.\26\ Of the 985 licenses auctioned, 440 were sold. Fifty-seven 
companies claiming small business status won. At present, there are 
approximately 24,000 Private-Paging site-specific licenses and 74,000 
Common Carrier Paging licenses. According to the most recent 
Telecommunications Industry Revenue data, 172 carriers reported that 
they were engaged in the provision of either paging or ``other mobile'' 
services, which are placed together in the data.\27\ We do not have 
data specifying the number of these carriers that are not independently 
owned and operated or have more than 1,500 employees, and therefore are 
unable at this time to estimate with greater precision the number of 
paging carriers that would qualify as small business concerns under the 
SBA's definition. Consequently, we estimate that there are fewer than 
172 small paging carriers that may be affected by these revised rules. 
We estimate that the majority of private and common carrier paging 
providers would qualify as small entities under the SBA definition. All 
may be impacted by these proposed rule revisions.
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    \23\ 220 MHz Third Report and Order, 62 FR 16004 (April 3, 
1997), at paragraphs 291-295.
    \24\ 700 MHz Guard Band Auction Closes,'' Public Notice, 15 FCC 
Rcd 18026 (2000).
    \25\ ``Revision of Part 22 and Part 90 of the Commission's Rules 
to Facilitate Future Development of Paging Systems,'' Memorandum 
Opinion and Order on Reconsideration and Third Report and Order, 14 
FCC Rcd 10030, at paragraph 98-107 (1999).
    \26\ ``Revision of Part 22 and Part 90 of the Commission's Rules 
to Facilitate Future Development of Paging Systems,'' Memorandum 
Opinion and Order on Reconsideration and Third Report and Order, 14 
FCC Rcd 10030, at paragraph 98 (1999).
    \27\ See Letter to Amy Zoslov, Chief, Auctions and Industry 
Analysis Division from A. Alvarez, Administrator, SBA (December 2, 
1998).
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    Specialized Mobile Radio (SMR). Pursuant to 47 CFR 90.814(b)(1), 
the Commission has defined ``small business'' for purposes of 
auctioning 900 MHz SMR licenses, 800 MHz SMR licenses for the upper 200 
channels, and 800 MHz SMR licenses for the lower 230 channels on the 
800 MHz band, as a firm that has had average annual gross revenues of 
$15 million or less in the

[[Page 52883]]

three preceding calendar years.\28\ The SBA has approved this small 
business size standard for the 800 MHz and 900 MHz auctions.\29\ Sixty 
winning bidders for geographic area licenses in the 900 MHz SMR band 
qualified as small business under the $15 million size standard. The 
auction of the 525 800 MHz SMR geographic area licenses for the upper 
200 channels began on October 28, 1997, and was completed on December 
8, 1997.\30\ Ten winning bidders for geographic area licenses for the 
upper 200 channels in the 800 MHz SMR band qualified as small 
businesses under the $15 million size standard.\31\ An auction of 800 
MHz SMR geographic area licenses for the General Category channels 
began on August 16, 2000 and was completed on September 1, 2000. Of the 
1,050 licenses offered in that auction, 1,030 licenses were sold. 
Eleven winning bidders for licenses for the General Category channels 
in the 800 MHz SMR band qualified as small business under the $15 
million size standard. In an auction completed on December 5, 2000, a 
total of 2,800 Economic Area licenses in the lower 80 channels of the 
800 MHz SMR service were sold. Of the 22 winning bidders, 19 claimed 
small business status. Thus, 40 winning bidders for geographic licenses 
in the 800 MHz SMR band qualified as small businesses. In addition, 
there are numerous incumbent site-by-site SMR licenses on the 800 and 
900 MHz band. All may be impacted by these proposed rule revisions.
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    \28\ 47 CFR 90.814(b)(1).
    \29\ See Letter to Thomas J. Sugrue, Chief, Wireless 
Telecommunications Bureau (FCC) from A. Alvarez, Administrator, SBA 
(August 10, 1999).
    \30\ See Letter to Daniel B. Phython, Chief, Wireless 
Telecommunications Bureau (FCC) from A. Alvarez, Administrator, SBA 
(October 27, 1997).
    \31\ Id.
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    Private Land Mobile Radio (PLMR). PLMR systems serve an essential 
role in a range of industrial, business, land transportation, and 
public safety activities. These radios are used by companies of all 
sizes operating in all U.S. business categories. The Commission has not 
developed a definition of small entity specifically applicable to PLMR 
licensees due to the vast array of PLMR users. For the purpose of 
determining whether a licensee is a small business as defined by the 
SBA, each licensee would need to be evaluated within its own business 
area. Therefore, the Commission is unable at this time to estimate the 
number of small businesses which could be impacted by the rules.
    Fixed Microwave Services. Microwave services include common 
carrier,\32\ private-operational fixed,\33\ and broadcast auxiliary 
radio services.\34\ At present, there are approximately 22,015 common 
carrier fixed licensees and 61,670 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services. The 
Commission has not yet defined a small business with respect to 
microwave services. For purposes of this FRFA, we will use the SBA's 
definition applicable to radiotelephone (wireless) companies--i.e, an 
entity with no more than 1,500 persons.\35\ We estimate that all of the 
Fixed Microwave licensees (excluding broadcast auxiliary licensees) 
would qualify as small entities under the SBA definition for 
radiotelephone (wireless) companies. Some of these services could be 
impacted by the proposed revisions of our rules, particularly those 
which utilize consumer subscriber transceivers that may be subject to 
labeling requirements.
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    \32\ 47 CFR 101 et seq. (formerly, part 21 of the Commission's 
rules).
    \33\ Persons eligible under parts 80 and 90 of the Commission's 
rules can use Private Operational-Fixed Microwave services. See 47 
CFR parts 80 and 90. Stations in this service are called 
operational-fixed to distinguish them from common carrier and public 
fixed stations. Only the licensee may use the operational-fixed 
station, and only for communications related to the licensee's 
commercial, industrial, or safety operations.
    \34\ Auxiliary Microwave Service is governed by part 74 of Title 
47 of the Commission's rules. See 47 CFR 74 et seq. As discussed 
earlier, there should be no impact on this class of transmitters.
    \35\ 13 CFR 121.201, NAICS codes 513321, 513322, 51333.
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    Personal Radio Services. Personal radio services provide short-
range, low power radio for personal communications, radio signaling, 
and business communications not provided for in other services. The 
services include the citizen's band (CB) radio service, general mobile 
radio service (GMRS), radio control radio service, and family radio 
service (FRS).\36\ Since the CB, GMRS, and FRS licensees are 
individuals, no small business definition applies for these services. 
We are unable at this time to estimate the number of other licensees 
that would qualify as small under the SBA's definition. However, in 
general, there should be little impact of these proposed rule revisions 
on these services.
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    \36\ Licensees in the Citizens Band (CB) Radio Service, General 
Mobile Radio Service (GMRS), Radio Control (R/C) Radio Service and 
Family Radio Service (FRS) are governed by subpart D, subpart A, 
subpart C, and subpart B, respectively, of part 95 of the 
Commission's rules. 47 CFR 95.401 through 95.428; 95.1 through 
95.181; 95.201 through 95.225; 47 CFR 95.191 through 95.194.
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    Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these definitions.\37\ The FCC auctioned geographic area licenses in 
the WCS service. In the auction, there were seven winning bidders that 
qualified as very small business entities, and one that qualified as a 
small business entity. We conclude that the number of geographic area 
WCS licensees which could be impacted includes these eight entities.
---------------------------------------------------------------------------

    \37\ See Letter to Amy Zoslov, Chief, Auctions and Industry 
Analysis Division from A. Alvarez, Administrator, SBA (December 2, 
1998).
---------------------------------------------------------------------------

    Local Multipoint Distribution Service. The Commission defined 
``small entity'' for LMDS licenses as an entity that has average gross 
revenues of less than $40 million in the three previous calendar 
years.\38\ An additional classification for ``very small business'' was 
added and is defined as an entity that, together with its affiliates, 
has average gross revenues of not more than $15 million for the 
preceding three calendar years.\39\ These regulations defining ``small 
entity'' in the context of LMDS auctions have been approved by the 
SBA.\40\ There were 93 winning bidders that qualified as small entities 
in the LMDS auctions. A total of 93 small and very small business 
bidders won approximately 277 A Block licenses and 387 B Block 
licenses. On March 27, 1999, the Commission re-auctioned 161 licenses; 
there were 40 winning bidders. Based on this information, we conclude 
that the number of small LMDS licenses will include the 93 winning 
bidders in the first auction and the 40 winning bidders in the re-
auction, for a total of 133 small entity LMDS providers as defined by 
the SBA and the Commission's auction rules. The LMDS service could be 
impacted by the proposed revisions of our rules, particularly with 
respect to consumer subscriber transceivers that may be subject to 
labeling requirements.
---------------------------------------------------------------------------

    \38\ See Local Multipoint Distribution Service, Second Report 
and Order, 12 FCC Rcd 12545 (1997).
    \39\ Id.
    \40\ See Letter to Daniel Phythyon, Chief, Wireless 
Telecommunications Bureau (FCC) from A. Alvarez, Administrator, SBA 
(January 6, 1998).

---------------------------------------------------------------------------

[[Page 52884]]

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    20. The proposals being made in this item may require additional 
reporting regarding compliance with our RF exposure limits for certain 
facilities, operations and transmitters, such as some wireless base 
stations and some antennas at multiple transmitter sites. In other 
cases, current reporting requirements are being relaxed. Also, we are 
proposing to require that in order for the occupational/controlled SAR 
or MPE limits to be used in evaluating compliance for a portable or 
mobile device, certain conditions must be met, that may include placing 
a label on a device that provides a user with specific information on 
RF exposure. We are also proposing that a sample of the label and 
instructional material be filed with the Commission along with the 
application for equipment authorization.
    21. We are also proposing to adopt a general labeling requirement 
for certain high-gain subscriber across all services that will be 
consistent and ensure compliance of consumer products with our RF 
safety guidelines. When equipment authorization is required, we are 
proposing that a sample of the label and illustrations showing its 
location should be filed with the Commission along with the application 
for a grant of equipment authorization.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    22. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\41\ In this proceeding, our proposals are consistent with 
(2), in that our goal is making our RF rules more consistent and 
clarifying certain areas that have created confusion in the past. In 
addition, due to our revisions in our policy on categorical exclusions, 
we are providing exemptions from routine RF evaluation for many small 
entities that should reduce the overall impact on small entities (see 
number 4 of this paragraph).
---------------------------------------------------------------------------

    \41\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    23. None.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Environmental impact 
statements.

47 CFR Parts 2 and 95

    Communications equipment, Reporting and recordkeeping requirements.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2 and 95 as 
follows:

PART 1--PRACTICE AND PROCEDURE

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

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

    2. Section 1.1307 is amended by revising paragraph (b)(1) and the 
table that immediately follows it, and by revising paragraph (b)(2) 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. Sec.  1.1310 and 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 the facilities, 
operations and transmitters indicated in table l, 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 (b)(1)(ii), (c) and 
(d) of this section. 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), effective isotropically 
radiated power (EIRP), or peak envelope power (PEP), as defined in 
Sec.  2.1 of this chapter.
    The phrase total transmit power of all channels when used 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 criteria of table 1, radiation in all 
directions should be considered. For the case of transmitting 
facilities using sectorized transmitting antennas, the criteria are to 
be applied 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. See Sec.  
1.1310 for general information on compliance with the FCC's limits for 
RF exposure.
    (i) Table 1 applies to ``fixed'' transmitters. For purposes of 
applying these rules, a fixed transmitter is defined as one that is 
physically secured at one location and is not able to be easily moved 
to another location. This definition includes transmitters that are 
physically secured at one location on a temporary basis. An example of 
this latter case would be a wireless base station installed temporarily 
to accommodate increased call volume at a special event.
    (ii) Fixed transmitters in any service are not required to undergo 
routine environmental evaluation for RF exposure, and the provisions of 
table 1 do not apply, if the transmitter is mounted such that persons 
cannot be closer than 20 cm from any part of the radiating structure 
and if the operating power of the transmitter is less than 1.5 W 
effective radiated power (ERP), for transmitters operating at 
frequencies at or below 1.5 GHz, or less than 3 W ERP for operating 
frequencies above 1.5 GHz. Compliance with exposure guidelines for 
fixed transmitters can be accomplished by the use of labels specifying 
minimum separation distance and/or proper antenna installation.
    (iii) Labeling requirements: With the exception of paragraph 
(b)(1)(iv) of this section, licensees in service categories with 
labeling requirements are required to attach a label to a fixed 
subscriber transceiver antenna if:
    (A) The transceiver is mounted such that persons cannot be closer 
than 20 cm from any part of the radiating structure and the operating 
power of the transmitter is greater than 1.5 W ERP, for transmitters 
operating at frequencies at or below 1.5 GHz, or greater than 3

[[Page 52885]]

W ERP for operating frequencies above 1.5 GHz; or,
    (B) The transceiver is designed with the potential to be mounted 
closer than 20 cm from the body or from nearby persons and the 
operating power is greater than 100 mW conducted or radiated peak 
power. The label must provide adequate notice regarding potential 
radiofrequency safety hazards, e.g., information regarding the safe 
minimum distance required between users and antennas; and reference the 
applicable FCC-adopted limits for radiofrequency exposure specified in 
Sec.  1.1310. Such labels must be clearly visible and legible to nearby 
persons.
    (iv) Labels are not required on any fixed subscriber transceiver 
antennas if it can be demonstrated that the appropriate partial body 
SAR limits specified in Sec.  2.1093 of this chapter cannot be exceeded 
by persons immediately adjacent to the antenna. Also, labels are not 
required on any fixed subscriber transceiver antenna if the transmitter 
is mounted such that persons can never be closer than 20 cm from any 
part of the radiating structure and the device can be shown to comply 
with the MPE limits for field strength and/or power density at a 
distance of 20 cm or more.

   Table 1.--Fixed Transmitters, Facilities and Operations Subject to
                    Routine Environmental Evaluation
------------------------------------------------------------------------
  Service (title 47 CFR rule
            part)                       Evaluation required if:
------------------------------------------------------------------------
Experimental Radio Services    (1) Transmit power is 100 W ERP (164 W
 (part 5).                      EIRP) or more
                               or
                               (2) Separation distance is less than 3 m.
 
Multipoint Distribution        (1) Separation distance is less than 10 m
 Service (subpart K of part     and transmit power is greater than 200 W
 21).                           ERP (328 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.
                               Labeling: In addition, MDS licensees are
                                required to comply with the labeling
                                requirements set forth in Sec.  Sec.
                                1.1307(b)(1)(iii) and (iv).
Paging and Radiotelephone      (1) Separation distance is less than 10 m
 Service (subpart E of part     and transmit power is greater than 100 W
 22).                           ERP (164 W EIRP) for VHF, UHF, and 900
                                MHz channels, or greater than 200 W ERP
                                (328 W EIRP) for 2.1 GHz channels
                               or
                               (2) Separation distance is less than 3 m.
Cellular Radiotelephone        (1) Separation distance is less than 10 m
 Service (subpart H of part     and transmit power is greater than 100 W
 22).                           ERP (164 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.
Personal Communications        Narrowband PCS (subpart D):
 Services (part 24).
                               (1) Separation distance is less than 10 m
                                and transmit power is greater than 100 W
                                ERP (164 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.
                               Broadband PCS (subpart E):
                               (1) Separation distance is less than 10 m
                                and transmit power is greater than 200 W
                                ERP (328 W EIRP).
                               (2) Separation distance is less than 3 m.
Satellite Communications       All Included.
 (part 25).
                               For DARS terrestrial repeater stations
                                only:
                               (1) Separation distance is less than 10 m
                                and transmit power is greater than 200 W
                                ERP (328 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.
                               Labeling: In addition, for NGSO
                                subscriber equipment, licensees are
                                required to comply with the labeling
                                requirements set forth in Sec.  Sec.
                                1.1307(b)(1)(iii) and (iv).
 
Wireless Communications        700 MHz service:
 Service (part 27).
                               (1) Separation distance is less than 10 m
                                and transmit power is greater than 100 W
                                ERP (164 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.
                               2.3 GHz service:
                               (1) Separation distance is less than 10 m
                                and transmit power is greater than 200 W
                                ERP (328 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.
Radio Broadcast Services       All included, except subpart G.
 (part 73).
                               For subpart G only: Separation distance
                                less than 3 m (assuming ERP 100 W or
                                less).
Experimental, auxiliary, and   Subparts A, G, L:
 Broadcast and other program   (1) Transmit power is greater than 100 W
 Distributional services        ERP (164 W special EIRP)
 (part 74).
                               or
                               (2) Separation distance is less than 3 m.
                               Subpart I:
                               (1) Separation distance is less than 10 m
                                and transmit power is greater than 200 W
                                ERP (328 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.

[[Page 52886]]

 
                               Labeling: In addition, ITFS licensees are
                                required to comply with the labeling
                                requirements set forth in Sec.  Sec.
                                1.1307(b)(1)(iii) and (iv).
Stations in the Maritime       Ship earth stations only.
 Services (part 80).
Private Land Mobile Radio      (1) Separation distance is less than 10 m
 Services Paging Operations &   and transmit power is greater than 100 W
 Specialized Mobile Radio       ERP (164 W EIRP)
 (part 90).
                               or
                               (2) Separation distance is less than 3 m.
Amateur Radio Service (part    Transmitter output power levels specified
 97).                           in Sec.   97.13(c)(1) of this chapter.
Fixed Microwave Service (part  For frequencies at or below 1500 MHz:
 101).
                               (1) Separation distance is less than 10 m
                                and transmit power is greater than 100 W
                                ERP (164 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.
                               For frequencies above1500 MHz:
                               (1) Separation distance is less than 10 m
                                and transmit power is greater than 200 W
                                ERP (328 W EIRP)
                               or
                               (2) Separation distance is less than 3 m.
                               Labeling: In addition, licensees in the
                                LMDS, 24 GHz and DEMS, and 39 GHz
                                Service are required to comply with the
                                labeling requirements set forth in Sec.
                                Sec.   1.1307(b)(1)(iii) and (iv).
------------------------------------------------------------------------
Note to Table 1: The term ``separation distance'' in Table 1 is defined
  to mean the minimum distance from any part of the radiating structure
  of a transmitting antenna in any direction to any area that may be
  entered by a member of the general public. Workers meeting the
  criteria for occupational/controlled exposures may access such areas
  consistent with appropriate engineering and/or administrative controls
  that result in compliance with FCC occupational/controlled limits
  without triggering the need for routine evaluation.

    (2) Except as provided under Sec. Sec.  2.1091 and 2.1093, mobile 
and portable devices that operate in the Cellular Radiotelephone 
Service, the Personal Communications Services (PCS), the Satellite 
Communications Services, 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, 
27, 80, and 90, respectively, of this chapter, are subject to routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use, as specified in Sec. Sec.  2.1091 and 2.1093 of 
this chapter. Cordless telephones and portable transmitters, millimeter 
devices, unlicensed PCS and unlicensed NII devices authorized under 
Sec. Sec.  15.247, 15.253, 15.255, 15.319 and 15.407 of this chapter 
are also subject to routine environmental evaluation for RF exposure 
prior to equipment authorization or use. However, routine evaluation 
for portable devices authorized under Sec.  15.247 of this chapter is 
required only if the maximum peak output power of the device exceeds 
100 milliwatts (100 mW). Portable transmitting equipment for use in the 
Wireless Medical Telemetry Service (WMTS) authorized under part 95 of 
this chapter is subject to routine environmental evaluation as 
specified in Sec. Sec.  2.1093 and 95.1125 of this chapter. Equipment 
authorized for use in the Medical Implant Communications Service (MICS) 
as a medical implant transmitter (as defined in Appendix 1 to subpart E 
of part 95 of this chapter) is subject to routine environmental 
evaluation for RF exposure prior to equipment authorization or use, as 
specified in Sec.  2.1093 of this chapter. All other mobile, portable 
and unlicensed transmitting devices are categorically excluded from 
routine environmental evaluation for RF exposure under Sec. Sec.  
2.1091 and 2.1093 of this chapter prior to equipment authorization or 
use, except as specified in Sec. Sec.  1.1307(c) and 1.1307(d).
* * * * *
    3. Section 1.1310 is amended by revising the introductory text, by 
removing notes 1 and 2 to table 1, and by adding paragraphs (a), (b), 
(c), and (d) to read as follows:


Sec.  1.1310  Radiofrequency radiation exposure limits.

    The limits for Maximum Permissible Exposure (MPE) specified below 
and in table 1 shall be used to evaluate the environmental impact of 
human exposure to radiofrequency (RF) radiation as specified in Sec.  
1.1307(b). In the case of portable devices, as defined in Sec.  2.1093 
of this chapter, and fixed transmitters that are mounted so that 
persons may normally be within 20 cm of any part of the radiating 
structure, the MPE values listed in table 1 are not appropriate for 
evaluation of exposure and such evaluations must be performed according 
to the provisions of Sec.  2.1093 of this chapter. The MPE values in 
table 1 are derived from a Specific Absorption Rate (SAR) limit for 
occupational/controlled exposure of 0.4 W/kg, as averaged over the 
whole body, and an SAR limit for general population/uncontrolled 
exposure of 0.08 W/kg, as averaged over the whole body. In addition, 
the Commission has adopted exposure limits for spatial peak SAR. In 
general, and in lieu of compliance with the MPE values in table 1, 
compliance can also generally be demonstrated with respect to the 
allowed limits for SAR. The SAR limits for occupational/controlled 
exposure are 0.4 W/kg, as averaged over the whole body, and a spatial 
peak SAR of 8 W/kg, averaged over any 1 gram of tissue (defined as a 
tissue volume in the shape of a cube); exceptions are the hands, 
wrists, feet and ankles where the spatial peak SAR limit is 20 W/kg, as 
averaged over any 10 grams of tissue (defined as a tissue volume in the 
shape of a cube). The SAR limits for general population/uncontrolled 
exposure are 0.08 W/kg, as averaged over the whole body, and a spatial 
peak SAR of 1.6 W/kg, averaged over any 1 gram of tissue (defined as a 
tissue volume in the shape of a cube); exceptions are the hands, 
wrists, feet and ankles where the spatial peak SAR limit is 4 W/kg, as 
averaged over any 10 grams of tissue (defined as a tissue volume in the 
shape of a cube). Detailed information on evaluating compliance with 
these exposure limits can be found in the FCC's OET Bulletin Number 65, 
``Evaluating Compliance with FCC-Specified Guidelines for Human 
Exposure to Radiofrequency Electromagnetic Fields,'' and in the

[[Page 52887]]

supplements to Bulletin 65, all available at the FCC's Internet Web 
site: www.fcc.gov/oet/rfsafety.
    Note to Introductory Paragraph: These limits are generally based on 
recommended exposure guidelines published by the National Council on 
Radiation Protection and Measurements (NCRP) in ``Biological Effects 
and Exposure Criteria for Radiofrequency Electromagnetic Fields,'' NCRP 
Report No. 86, Sections 17.4.1, 17.4.1.1, 17.4.2 and 17.4.3. Copyright 
NCRP, 1986, Bethesda, Maryland 20814. In the frequency range from 100 
MHz to 1500 MHz, exposure limits for field strength and power density 
are also generally based on guidelines recommended by the American 
National Standards Institute (ANSI) in Section 4.1 of ``IEEE Standard 
for Safety Levels with Respect to Human Exposure to Radio Frequency 
Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE C95.1-1992. 
Copyright 1992 by the Institute of Electrical and Electronics 
Engineers, Inc., New York, New York 10017. Limits for whole body SAR 
and spatial peak SAR are based on recommendations made in both of these 
documents.
* * * * *
    (a) Occupational/controlled exposure limits apply in situations in 
which persons are exposed as a consequence of their employment provided 
those persons are fully aware of the potential for exposure and can 
exercise control over their exposure. Limits for occupational/
controlled exposure also apply in situations when an individual is 
transient through a location where occupational/controlled limits apply 
provided he or she is made aware of the potential for exposure. The 
phrase fully aware in the context of applying these exposure limits 
means that an exposed individual has received written and verbal 
information fully explaining the potential for RF exposure resulting 
from his or her employment. With the exception of transient 
individuals, this phrase also means that an exposed individual has 
received comprehensive training regarding appropriate work practices 
relating to controlling or mitigating his or her exposure. Such 
training is not required for transient individuals, but they must 
receive written or verbal information and notification (for example, 
warning signs) concerning their exposure potential and appropriate 
means available to mitigate their exposure. The phrase exercise control 
means that an exposed individual is allowed to reduce or avoid exposure 
by administrative or engineering work practices, such as use of 
personal protective equipment or time-averaging of exposure.
    (b) General population/uncontrolled exposure limits apply in 
situations in which the general public may be exposed, or in which 
persons that are exposed as a consequence of their employment may not 
be fully aware of the potential for exposure or cannot exercise control 
over their exposure.
    (c) Licensees and applicants are generally responsible for 
compliance with both the occupational/controlled exposure limits and 
the general population/uncontrolled exposure limits as they apply to 
transmitters under their jurisdiction. Licensees and applicants should 
be aware that the occupational/controlled exposure limits apply 
especially in situations where workers may have access to areas in very 
close proximity to antennas where access to the general public may be 
restricted.
    (d) Amateur radio station licensees must also take steps to ensure 
that their stations comply with the exposure limits, as noted in Sec.  
1.1307(b), table 1, of this section and in Sec.  97.13(c) of that 
chapter. For example, for a typical amateur station located at a 
residence the station licensee and members of his or her immediate 
household may be evaluated with respect to the occupational/controlled 
exposure limits, provided the appropriate conditions specified in 
paragraph (a) of this section. Other nearby persons, such as neighbors, 
who are not members of the amateur licensee's household must be 
evaluated with respect to the general population/uncontrolled exposure 
limits. Similar considerations apply to amateur stations located at 
places other than a residence.

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

    4. The authority citation for Part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

    5. Section 2.1091 is amended by revising paragraphs (c), (d) 
introductory text and (d)(3) to read as follows:


Sec.  2.1091  Radiofrequency radiation exposure evaluation: mobile 
devices.

* * * * *
    (c) Mobile devices that operate in the Cellular Radiotelephone 
Service, the Personal Communications Service (PCS), the Satellite 
Communications Services, the Wireless Communications Service, the 
Maritime Services, the Specialized Mobile Radio Service, authorized 
under subpart H of part 22, parts 24, 25, 27, 80 (ship earth station 
devices only), and 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 Sec. Sec.  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.
    (1) When antennas for part 15 modular transmitters (``transmitter 
modules'') that operate at power levels of 200 mW or less (peak EIRP or 
peak conducted output power) are designed to be incorporated into a 
laptop (``notebook'') computer such that they will be located at a 
distance of at least 20 cm from the body of a user (the configuration 
necessary to be classified as a mobile device) evaluation of the 
modular transmitter for compliance with the Commission's RF exposure 
limits is not required. Evaluation for compliance with the Commission's 
RF exposure limits is required for modular transmitters operating in 
excess of 200 mW (peak EIRP or peak conducted output power).
    (2) In general, the maximum RF exposure of a combination device 
(host device plus modules) can be determined by adding the frequency-
dependent RF exposure levels of all antennas incorporated within a 
single combination device that could functionally transmit at the same 
time. Such antennas can be considered to be

[[Page 52888]]

``mobile'' transmitting devices for purposes of evaluating compliance 
as long as the 20 cm separation criterion defined in paragraph (b) of 
this section is met.
    (d) The limits to be used for evaluation of mobile devices are the 
limits for Maximum Permissible Exposure (MPE) specified in Sec.  1.1310 
of this chapter. Appropriate methodologies for evaluating exposure from 
mobile devices are described in the most current edition of OET 
Bulletin 65. All unlicensed personal communications service (PCS) 
devices and unlicensed NII devices shall be subject to the limits for 
general population/uncontrolled exposure.
* * * * *
    (3) If appropriate, compliance with exposure guidelines for devices 
in this section can be accomplished by the use of labels and by 
providing users with information concerning minimum separation 
distances from transmitting structures and proper installation of 
antennas. Labels should be legible and clearly visible to the user of 
the device. Labels used on devices that are subject to occupational/
controlled exposure limits must indicate that the device is for 
occupational use only, must refer the user to specific information on 
RF exposure, such as that provided in a user manual, and must note that 
the label and its information is required for FCC RF exposure 
compliance. Such instructional material must provide the user with 
information on how to use the device in order to ensure compliance with 
the occupational/controlled exposure limits. A sample of the label, 
illustrating its location on the device, and any instructional material 
intended to accompany the device when marketed, shall be filed with the 
Commission along with the application for equipment authorization. For 
occupational devices, details of any special training requirements 
pertinent to limiting RF exposure should also be submitted. Holders of 
grants for mobile devices to be used in occupational settings are 
encouraged, but not required, to coordinate with end-user organizations 
to ensure appropriate RF safety training.
* * * * *
    6. Section 2.1093 is amended by revising paragraphs (c) and (d)(3) 
and by adding paragraph (d)(6) to read as follows:


Sec.  2.1093  Radiofrequency radiation exposure evaluation: portable 
devices.

* * * * *
    (c) Portable devices that operate in the Cellular Radiotelephone 
Service, the Personal Communications Service (PCS), the Satellite 
Communications Services, the Wireless Communications Service, the 
Maritime Services, the Specialized Mobile Radio Service, the Wireless 
Medical Telemetry Service (WMTS) and the Medical Implant Communications 
Service (MICS), authorized under subpart H of part 22, parts 24, 25, 
27, 80 (ship earth station devices only), and 90, subparts H and I of 
part 95, and unlicensed personal communication service devices, 
unlicensed NII devices and millimeter wave devices authorized under 
subparts D and E, Sec. Sec.  15.253 and 15.255 of part 15 of this 
chapter are subject to routine environmental evaluation for RF exposure 
prior to equipment authorization or use. Portable devices authorized 
under Sec.  15.247 of part 15 of this chapter are subject to routine 
evaluation for RF exposure prior to equipment authorization or use if 
the maximum peak output power of the device exceeds 100 milliwatts (100 
mW). Evaluation of MICS transmitters may be demonstrated by use of 
computational modeling or laboratory measurement techniques. Unless 
otherwise specified in this chapter, other portable transmitting 
devices are categorically excluded from routine environmental 
evaluation for RF exposure prior to equipment authorization or use, 
except as specified in Sec. Sec.  1.1307 (c) and (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.
    (1) Unlicensed transmitters authorized under Sec.  15.247 may be 
authorized as ``transmitter modules'' for use in various host devices 
provided that the configurations and exposure conditions of host 
products are identified and provided the maximum peak conducted output 
power is 100 milliwatts (100 mW) or less. Such transmitters may be 
authorized as modules when they have been shown to comply with our RF 
exposure guidelines and when it can be demonstrated that the use of the 
module in additional host devices would not result in non-compliance.
    (2) When a modular transmitter (``transmitter module'') is designed 
to be used in a hand-held wireless portable telephone or in a portable 
digital assistant (``PDA'') that can be used in contact with the head 
or body, and the operating power level of the module is 2 mW or less 
(peak EIRP or peak conducted output power), if the phone or PDA 
(``host'' device) has been previously shown to be compliant with the 
Commission's limits for SAR, no additional SAR evaluation of the 
combined device (host plus module) is required. When a modular 
transmitter is designed to be used in a hand-held wireless portable 
telephone or in a PDA that can be used in contact with the head or 
body, and the operating power level of the module is greater than 2 mW 
(peak EIRP or peak conducted output power), the combined device (host 
plus module) must be evaluated for SAR in the normal operating 
configuration. If the combined device is demonstrated to be in 
compliance with the Commission's SAR limits, this demonstration of 
compliance can be applied to such modules designed to be used in 
similar host devices that have been tested and certified for similar 
configurations.
    (3) When modular transmitters (``transmitter modules'') operating 
at power levels of 10 mW or less (peak EIRP or peak conducted output 
power) are designed to be used in the keyboard portion of a laptop 
(``notebook'') computer evaluation for compliance with the Commission's 
limits for SAR is not required.
    (4) When modular transmitters (``transmitter modules'') operating 
at power levels of 25 mW or less (peak EIRP or peak conducted output 
power) are designed to be used in a PDA, designed only to be held in 
the hand, evaluation for compliance with the Commission's limits for 
SAR is not required.
    (5) When a modular transmitter is designed to be used in a PDA (the 
``host device'') that is only used when held in the hand, and the 
operating power level of the module is greater than 25 mW (peak EIRP or 
peak conducted output power), the combined device (host plus module) 
must be evaluated for SAR in the normal operating configuration. If the 
combined device is demonstrated to be in compliance with the 
Commission's SAR limits, this demonstration of compliance can be 
applied to such modules designed to be used in similar host devices 
that have been tested and certified for similar configurations.
    (6) For a combination device that incorporates at least one modular 
transmitter in addition to the host transmitter, when the relevant 
exclusion thresholds described in this section are not applicable, 
evaluation of SAR of the combination device can be determined by adding 
the maximum RF exposure

[[Page 52889]]

levels of all antennas incorporated within a single combination device 
that could functionally transmit at the same time.
    (d) * * *
    (3) Compliance with SAR limits can be demonstrated by either 
laboratory measurement techniques or by computational modeling. The 
latter must be supported by adequate documentation. The methodologies 
that shall be used for evaluating SAR for wireless handsets and similar 
devices are described in the most current edition of Supplement C to 
OET Bulletin 65, issued by the Commission's Office of Engineering and 
Technology.
* * * * *
    (6) Labels placed directly on portable devices designed only for 
occupational use can be used as part of an applicant's evidence of 
compliance with occupational/controlled exposure limits. Such labels 
should be legible and clearly visible to the user of the device. They 
must indicate that the device is for occupational use only, refer the 
user to specific information on RF exposure, such as that provided in a 
user manual and note that the label and its information is required for 
FCC RF exposure compliance. Such instructional material must provide 
the user with information on how to use the device in order to ensure 
compliance with the occupational/controlled exposure limits. A sample 
of the label, illustrating its location on the device, and any 
instructional material intended to accompany the device when marketed, 
shall be filed with the Commission along with the application for 
equipment authorization. Details of any special training requirements 
pertinent to limiting RF exposure should also be submitted. Holders of 
grants for portable devices to be used in occupational settings are 
encouraged, but not required, to coordinate with end-user organizations 
to ensure appropriate RF safety training.
    7. Section 95.603 is amended by revising paragraph (f) to read as 
follows:


Sec.  95.603  Certification required.

* * * * *
    (f) Each Medical Implant Communications Service transmitter (a 
transmitter that operates or is intended to operate in the MICS) must 
be certificated except for medical implant transmitters that are not 
marketed for use in the United States, but which otherwise comply with 
the MICS technical requirements and are operated in the United States 
by individuals who have traveled to the United States from abroad. 
Medical implant transmitters (as defined in appendix 1 to subpart E of 
part 95 of this chapter) are subject to the radiofrequency radiation 
exposure requirements specified in Sec. Sec.  1.1307 and 2.1093 of this 
chapter, as appropriate. Applications for equipment authorization of 
devices operating under this section must demonstrate compliance with 
these requirements using either finite difference time domain 
computational modeling or by laboratory measurement techniques. Where a 
showing is based on computational modeling, the Commission retains the 
discretion to request that specific absorption rate (SAR) data also be 
submitted.
* * * * *
[FR Doc. 03-22624 Filed 9-5-03; 8:45 am]
BILLING CODE 6712-01-P