[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Proposed Rules]
[Pages 19117-19126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06966]



[[Page 19117]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 18

[ET Docket No. 19-226; FCC 19-126; FRS 16618]


Human Exposure to Radiofrequency Electromagnetic Fields

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on expanding the range of frequencies for 
which its radiofrequency (RF) exposure limits apply; on applying 
localized exposure limits above 6 GHz in parallel to the localized 
exposure limits already established below 6 GHz; on specifying the 
conditions and methods for averaging the RF exposure, in both time and 
area, during evaluation for compliance with the RF exposure limits in 
the rules; on addressing new RF exposure issues raised by wireless 
power transfer (WPT) devices; and on the definition of a WPT device.

DATES: Comments are due on or before May 6, 2020, and reply comments 
are due on or before May 21, 2020.

ADDRESSES: Interested parties may submit comments and replies, 
identified by ET Docket No. 19-226, by any of the following methods:
     Federal Communications Commission's Website: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     People with Disabilities: Contact the Commission to 
request reasonable accommodations (accessible format documents, sign 
language interpreters, CART, etc.) by email: [email protected] or phone: 
202-418-0530 or TTY: 202-418-0432.

For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Martin Doczkat, email: 
[email protected] of the Office of Engineering and Technology 
Electromagnetic Compatibility Division; the Commission's RF Safety 
Program, [email protected]; or call the Office of Engineering and 
Technology at (202) 418-2470. For information regarding the Paperwork 
Reduction Act (PRA) information collection requirements contained in 
this document, contact Nicole Ongele, Office of Managing Director, at 
(202) 418-2991 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), ET Docket No. 19-226, FCC 19-126, 
adopted November 27, 2019 and released December 4, 2019. The complete 
text of the document is available for public inspection and copying 
from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday 
or from 8:00 a.m. to 11:30 a.m. on Fridays in the FCC Reference Center, 
445 12th Street SW, Room CY-A257, Washington, DC 20554. The complete 
text of the document is also available electronically on the 
Commission's website at https://www.fcc.gov/engineering-technology or 
by using the search function on the Commission's Electronic Comment 
Filing System (ECFS) web page at https://fcc.gov/cgb/ecfs/ or on the 
FCC's Electronic Document System (EDOCS) web page at https://apps.fcc.gov/edocs. Alternative formats (Braille, large print, 
electronic files, audio format) are available to persons with 
disabilities by sending an email to [email protected] or by calling the 
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 
418-0432 (tty).

Comment Filing Procedures

    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 and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions provided on the website 
for submitting comments. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket number, ET Docket No. 19-226.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Dr., 
Annapolis Junction, Annapolis, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Ex Parte Rules--Permit-But-Disclose

    Pursuant to Sec.  1.1200(a) of the Commission's rules, this NPRM 
shall be treated as a ``permit-but-disclose'' proceeding in accordance 
with the Commission's ex parte rules. Persons making ex parte 
presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with Sec.  1.1206(b). 
In proceedings governed by Sec.  1.49(f) or for which the Commission

[[Page 19118]]

has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980 (``RFA''), 
the Commission has prepared this present Initial Regulatory Flexibility 
Analysis (``IRFA'') of the possible significant economic impact on a 
substantial number of small entities of the policies and rules proposed 
in the NPRM. The Commission requests written public comment on this 
IRFA. Comments must be filed in accordance with the same deadlines as 
comments filed in response to the NRPM and must have a separate and 
distinct heading designating them as responses to the IRFA. The 
Commission's Consumer and Governmental Affairs Bureau, Reference 
Information Center, will send a copy of this NPRM, including the IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration, 
in accordance with the Regulatory Flexibility Act.

Paperwork Reduction Act of 1995

    The NPRM contains proposed new or modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general Public, the Office of 
Management and Budget (OMB), and other federal agencies to comment on 
the proposed information collection requirements contained in this 
document, as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the 
Commission seeks specific comment on how it might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.

Synopsis

I. Introduction

    1. This NPRM focuses on developing a record encompassing RF 
exposure limits and compliance issues raised by recent developments in 
technology that have changed the way wireless devices are used, 
frequency bands of operation, how supporting wireless infrastructure is 
deployed, and how RF sources are assessed for compliance with the 
Commission's existing RF exposure limits. These recent developments 
include using millimeter-wave and submillimeter-wave frequencies for 
mobile applications, devices that can time-average their power output 
to increase transmission efficiency, adaptive array antennas used by 
fluctuating multi-beam sources, and devices that can transfer power 
wirelessly. These and other similar applications of RF energy being 
developed raise questions as to how to determine compliance with the RF 
exposure limits. This NPRM seeks comment on the Commission's proposals 
to apply RF exposure limits in additional frequency ranges beyond those 
currently specified in the Commission's RF exposure rules; on applying 
localized exposure limits above 6 GHz, in parallel with the existing 
localized exposure limits below 6 GHz; on specifying the conditions and 
methods for averaging RF exposure, in both time and area, during 
evaluation for compliance with the rules; and on addressing new issues 
raised by WPT devices.
    2. This NPRM proposes methods and seeks comment on how to best 
incorporate new RF technologies, new methods and techniques for RF 
transmission, and new usages for a variety of spectrum bands into the 
Commission's preexisting exposure framework. In particular, on the 
topic of body-worn spacing during testing of cell phones, the 
Commission continues to strive to ensure that such spacing represents 
realistic values for present-day technology and common usage. As part 
of this effort, the Commission explores the issue of approval for 
equipment using new methods and technologies.

A. Extension of Exposure Limits to Additional Frequencies

    3. The Commission's existing RF exposure rules provide for 
evaluation of the specific absorption rate (SAR) exposure level within 
the frequency range of 100 kHz to 6 GHz, and for evaluation of maximum 
permissible exposure (MPE) field strength and power density within the 
frequency range of 300 kHz to 100 GHz. The standards for localized SAR 
that are normally applied for testing compliance of consumer devices 
operating below 6 GHz were derived from the whole body limits; the 
Commission currently employs a similar derivation to apply localized 
limits where appropriate for testing consumer devices above 6 GHz. 
However, this approach is not formalized in the Commission's rules. 
Previously, the Commission sought comment on whether it should 
establish specific exposure limits and protocols outside the frequency 
ranges presently used for evaluation of SAR and/or MPE. Further, some 
inductive wireless chargers operate at frequencies below 100 kHz, and 
Commission staff have been approached by parties seeking guidance on 
how to determine compliance for wireless car chargers generally 
operating at similarly low frequencies.
    4. The Commission is aware of three existing guidelines for RF 
exposure that extend to frequencies below 100 kHz: International 
Commission on Non-Ionizing Radiation Protection (ICNIRP) Guidelines for 
Limiting Exposure to Time-Varying Electric and Magnetic Fields (1Hz--
100 kHz) (2010); Institute of Electrical and Electronic Engineers, Inc. 
(IEEE) Standard for Safety Levels with Respect to Human Exposure to 
Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz (IEEE Std 
C95.1-2005) and Standard for Safety Levels with Respect to Human 
Exposure to Electric, Magnetic, and Electromagnetic Fields, 0 Hz to 300 
GHz (IEEE Std C95.1-2019); and Health Canada Safety Code 6--Limits of 
Human Exposure to Radiofrequency Electromagnetic Energy in the 
Frequency Range from 3 kHz to 300 GHz (2015). While these guidelines 
are aimed at prevention of electrostimulation due to electric fields 
induced internally within the human body in the presence of an external 
electromagnetic field outside the body and have similar values for 
limiting the internal electric field (Ei), they have 
different approaches to the dosimetry used to derive their respective 
MPE limits on external fields from those Ei values. The 
Commission seeks comment on the significance of the difference between 
these guidelines.
    5. While each of the standards appears to provide appropriate 
Ei guidelines, the ICNIRP 2010 guidelines are the most 
widely accepted from an international perspective. The Commission 
proposes to adopt limits on Ei similar to the ICNIRP 2010 
guidelines into its rules for frequencies between 3 kHz to 10 MHz. The 
Commission does not propose to apply these guidelines below 3 kHz. The 
Commission seeks comments on these proposals and other relevant and 
authoritative standards that commenters deem appropriate for 
consideration.
    6. The Commission proposes to overlay ICNIRP 2010 
electrostimulation limits for Ei on its existing SAR limits 
for frequencies between 100 kHz and 10

[[Page 19119]]

MHz. Because of the fast response time of neural stimulation relative 
to heating, it is appropriate to apply electrostimulation limits 
without time averaging (in addition to time-averaged SAR limits) to 
fields at frequencies well above 100 kHz. This proposal would place 
Ei alongside SAR as a co-primary limit between 100 kHz and 
10 MHz (i.e., both Ei and SAR limits must be met between 100 kHz and 10 
MHz). The Commission does not propose to amend or extend its MPE limits 
on external fields. By not amending or extending MPE limits on external 
fields, the Commission's policy that MPE limits are secondary remains 
intact. Guidance on how to comply with both limits within this 
frequency range may be developed as necessary for particular 
applications. The Commission proposes that its policy on recommended 
best practices for evaluation techniques to comply with both 
Ei and SAR in the frequency range between 100 kHz and 10 MHz 
should be contained in its Bulletins and in other supplemental 
materials, such as the Commission's Office of Engineering and 
Technology Laboratory's Knowledge Database (KDB). The Commission seeks 
comment on these proposed numerical limits and on the guidance for 
demonstrating compliance with such limits.
    7. Although the radio spectrum is managed up to 3,000 GHz (3 THz), 
the Commission's exposure limits are currently specified only up to 100 
GHz. The Commission is unaware of any reason the limits should be 
different above 100 GHz. As frequency increases up to 3,000 GHz (3 
THz), body penetration is reduced and ultimately approaches zero. 
Accordingly, there is no reason to expect that thermal effects will 
effectively change at the increasingly higher frequencies. Accordingly, 
the Commission proposes to extend the same constant exposure limits 
that presently apply from 6 GHz to 100 GHz up to an upper frequency of 
3,000 GHz (3 THz), which is considered to be the upper bound of 
existing radiofrequency bands. Starting at 300 GHz or a wavelength of 
1,000 micrometers ([micro]m), standards have been developed for lasers 
primarily for application in industrial settings. In an effort by 
standards bodies to match the laser standards, RF limits have been 
increased at millimeter wave frequencies; however, the Commission does 
not feel it is appropriate to relax its limits at higher frequencies 
for exposure from consumer communication devices, considering the 
already minimal skin depth at 100 GHz. Accordingly, the Commission 
proposes to extend its existing exposure limits to 3,000 GHz (3 THz) to 
stay ahead of the possibility of technologies being introduced that are 
nascent or unknown today. The Commission notes that most of the 
services being contemplated in the Spectrum Horizons proceeding in ET 
Docket No. 18-21 operate within the 95-275 GHz frequency range, but 
there may be other potential applications or services being 
contemplated above this frequency range. The Commission seeks comment 
on this proposal. Specifically, it seeks comment on the frequency range 
over which these proposed limits would apply.

B. Localized Exposure Limits for Higher Frequencies

    8. New technologies that employ techniques such as adaptive array 
antennas created by fluctuating multi-beam sources create complex 
energy fields that present challenges for current RF measurement 
methods. Because portable devices are being developed for operation at 
higher frequencies for future 5G services, the Commission proposes a 
localized exposure limit above 6 GHz of 4 mW/cm\2\ averaged over 1 
cm\2\ for the general population, applicable up to the upper frequency 
boundary of 3 THz, and seeks comment on this proposal. The Commission 
notes that both the ICNIRP guidelines and the IEEE standards specify a 
spatial maximum power density of 20 times the whole-body MPE limit 
(e.g., between 3 and 10 GHz), generally averaged over 1 cm\2\. The 
Commission proposes a localized exposure limit above 6 GHz for 
occupational settings of 20 mW/cm\2\ averaged over 1 cm\2\, which is 
consistent with the typical ratio of 5:1 for the occupational limits 
relative to the general population limits. The Commission tentatively 
concludes not to adopt an extremity limit at this time.
    9. The proposed general population localized power density value of 
4 mW/cm\2\ matches the exposure limit specified at 6 GHz in the IEEE 
Std C95.1-1991 standard referenced in the Commission's rules. Based on 
planar models, this standard suggests that a power density of 4 mW/
cm\2\ just above 6 GHz is consistent with the Commission's 1-gram SAR 
limit of 1.6 W/kg at 6 GHz. Also, the thermal perception threshold at 
frequencies approaching 100 GHz for large areas of exposure is 
indicated at about 4 mW/cm\2\. Maintaining 4 mW/cm\2\ across the entire 
frequency range of 6 GHz to 3 THz will avoid any potential 
discontinuity between SAR and power density limits at 6 GHz, while also 
preventing the possibility of perception of warmth at higher 
millimeter-wave frequencies. The Commission seeks comment on all 
elements of this proposal, and on whether its lower-power exemptions 
above 6 GHz should be changed for a localized power density limit in 
this frequency range.
    10. Recognizing the ongoing work in standards bodies to establish 
an in-tissue power density in lieu of free-space power density--
analogous to SAR below 6 GHz--the Commission also seeks comment on 
whether it should instead adopt such a limit, and if so what that limit 
should be, or if it should withhold consideration of an in-tissue power 
density limit until after the standards have been published at a later 
date. Commenters may also propose other approaches for determining 
appropriate exposure limits at higher frequencies, with an analysis and 
justification for using any such protocol.

C. Averaging Area for Higher Frequencies

    11. In the 2016 Spectrum Frontiers R&O and FNPRM, the Commission 
acknowledged as reasonable a spatial averaging area of 20 cm\2\ for 
power density above 10 GHz--as provided by ICNIRP for a whole-body 
exposure limit. However, as the Commission continues to consider this 
issue, it finds little support in the technical literature for 
specifying a large averaging area with respect to the whole-body limit 
when an averaging area for a spatial maximum limit for localized 
exposure is stipulated. Moreover, ICNIRP maintains an averaging area of 
1 cm\2\ for spatial maximum power densities over the frequency range of 
10 GHz to 300 GHz. There is growing consensus that a range of from one 
to a few square centimeters would be a more appropriate averaging area 
for localized spatial maximum power density limits rather than the much 
larger values (20 cm\2\ or 100 cm\2\) that are provided for the whole-
body limits in recent published versions of technical standards, e.g., 
ICNIRP and IEEE.
    12. For the reasons noted, the Commission proposes a 1 cm\2\ 
averaging area to be applicable to localized exposure conditions where 
the averaged power density would not exceed 4 mW/cm\2\ for the general 
population (20 mW/cm\2\ for occupational settings). The 1 cm\2\ area is 
approximately the same size as any of the surfaces of a 1-g cube used 
for portable device SAR evaluation below 6 GHz in the Commission's 
rules, and the Commission notes that this is the guidance that the FCC 
Laboratory currently offers for pertinent equipment authorizations. The 
Commission invites comment on this proposal. It also seeks comment on 
whether it may also be

[[Page 19120]]

appropriate to specify a spatial peak limit coupled with this 1 cm\2\ 
averaging area to avoid significant excursions under actual non-uniform 
exposure conditions on a millimeter scale. The Commission is aware that 
this 1 cm\2\ averaging area is generally smaller than the actual size 
of antenna arrays being contemplated for use by millimeter-wave 
portable devices, and it seeks comment on whether this factor presents 
insuperable or significant difficulties, and on other technically valid 
and practical alternatives.

D. Transmitter-Based and Device-Based Time-Averaging

    13. Recent technology has been developed to allow for the 
optimization of the time-averaged transmit power of a device over a 
predefined time window, using past transmit power levels as a reference 
to determine the maximum time-averaged SAR over that period. Based on 
the device's own management of time-averaged SAR, a maximum allowable 
transmit power for a future fixed time interval would be determined. 
The device would then operate at a power equal to or less than the 
maximum allowable transmit power, depending on factors such as the 
amount of data to be transmitted and network conditions. The device 
would either back off from a higher transmit power to a lower power 
when the calculated time-averaged SAR approaches the SAR limit, or the 
device could transmit at a higher power when the device gains an 
additional margin between the calculated time-averaged SAR and the SAR 
limit. The recent generation of wireless devices (e.g., 4G LTE) 
transmit in short bursts that are variable depending on operational 
network and user demands. The Commission's current rules for source-
based time-averaging do not account for the variable nature of such 
transmissions. The technology being developed utilizes both the power 
level and the time-averaging duration in a dynamic manner, depending on 
the operating conditions of the device, to determine SAR compliance in 
real time. For example, a device could temporarily increase power to 
accommodate a high upload rate and/or poor propagation conditions, and 
then reduce power during less demanding periods based on the available 
SAR margin for the designated time-averaging period.
    14. The Commission proposes that such active accounting and control 
of the instantaneous output power of the device be defined as device-
based time averaging in its rules, because the Commission expects, 
especially for portable devices with multiple transmitters, that the 
cumulative transmissions from all RF sources in the device be accounted 
for in the SAR margin calculations. The Commission recognizes that a 
device may have a plurality of RF sources, some of which might be 
power-controlled by the device and others which might not, and so it 
seeks comment on how to reliably and predictably distinguish any such 
device from a conventional device intending to be certified under its 
existing source-based time-averaging rules.
    15. The Commission seeks comment on whether to permit this device-
based time averaging where the instantaneous transmit power and 
duration of each transmission burst can be managed by the device over 
some time period in a way that will ensure compliance with the RF 
exposure rules. It also seeks input as to what specifications it should 
adopt that will confirm compliance and be applied clearly and 
consistently to devices coming on the market. The Commission proposes 
to allow a practical extension of its existing ``source-based'' 
definition in its rules to include ``device-based'' time averaging. The 
Commission proposes to add this definition to distinguish such a device 
from those devices already being authorized, and recognizes its 
responsiveness and applicability to an individual RF source while 
compliance is ultimately controlled by the device itself, based on the 
device tracking transmission bursts and power levels over time.
    16. It is unclear how SAR measurement results based on static 
conditions at certain power levels may be applied to support device 
compliance for dynamic conditions where both operational and user 
exposure conditions are continuously changing. It will be necessary to 
select the various parameters for applying source-based time-averaging 
to non-periodic transmissions that are random and dynamic, which can be 
influenced by device operating configurations, network and propagation 
conditions, and user operating conditions to ensure that the final 
measured exposure values still provide sufficient margins for various 
use configurations. The Commission seeks comment on the range and type 
of parameters that should be considered to apply the proposed time-
averaging principles. For example, is it possible to develop one or 
more standard transmission sequences that would reasonably replicate 
typical operating conditions? Alternatively, would the averaging be 
demonstrated through modeling of the device's software or firmware, and 
how would this modeling be implemented? How will the Commission 
determine that the device software and/or firmware achieve compliance? 
The Commission seeks comment on the above and any other factors as they 
may relate to consideration of device-based time-averaging in the 
equipment authorization process.
    17. With respect to the appropriate time-averaging period, the 
Commission notes two references for specifying time-averaging limits: 
(1) The ICNIRP standard that provides for averaging over 6 minutes at 
10 GHz, and reduces to 10 seconds at 300 GHz on a complex basis; and 
(2) the IEEE standard that provides for an averaging time of 25 minutes 
at 6 GHz, dropping to 10 seconds at 300 GHz. However, since the 
Commission does not limit temporal-peak SAR or power density, all of 
the energy available in a time-averaging period could be deposited in 
an instant, resulting in a well-defined temperature rise, yet still be 
compliant with the rules. Thus, using the extended time-averaging 
periods of 6 or 30 minutes as set forth in the Commission's rules in 
other contexts, or either of the alternative time windows specified by 
ICNIRP and IEEE, could allow for inappropriate temperature rises in 
extreme cases when intense exposure occurs for only a brief period. By 
reducing the time-averaging period, the maximum possible temperature 
rise can be limited to a reasonable magnitude. The potential 
temperature rise ([Delta]T) due to an impulse exposure is proportional 
to the product of the allowed continuous-spatial-peak SAR 
(SARcsp) and the time-averaging period ([Delta]t), so that a 
maximum time-averaging period ([Delta]t) can be calculated from a 
specified temperature rise ([Delta]T) from [Delta]t = 
c[middot][Delta]T/SARcsp where c is the specific heat of 
tissue. SARcsp at higher frequencies occurs at the skin 
surface, and it is dependent on the SAR or power density limit (for 
this calculation 1.6 mW/g or 4.0 mW/cm\2\), as well as the depth of 
energy absorption into tissue. In turn, the depth of absorption is 
frequency-dependent. Determination of SARcsp was approached 
with standard calculations using a planar model of uniform dry skin. 
Based on this approach, 100 seconds is a supportable averaging time up 
to about 3 GHz, with smaller averaging times down to one second at 
higher frequencies. This would permit a device to actively track its RF 
emissions while limiting potential temperature rise in tissue due to an 
impulse to a value of about 0.1[deg]C, less than would be perceptible 
by the general population. Therefore, the Commission proposes and seeks 
comment on the following

[[Page 19121]]

maximum time windows to be allowed for any frequency for devices 
seeking to implement device-based time averaging techniques:

                                            Proposed Maximum Averaging Times for Device-Based Time-Averaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Frequency (GHz).............................       < 2.9   2.9-7.125  7.125-10.5   10.5-15.4     15.4-24       24-37       37-53       53-95         >95
Time (seconds)..............................         100          49          27          14           7           4           3           2           1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In deriving this table, as a matter of simplicity and practicality, 
the Commission considered the bands and bandwidths it expects will be 
utilized for various types of devices and services, and developed 
distinct parameters for each frequency range. The Commission seeks 
comment on this approach and whether it has best delineated these 
frequency ranges for the purpose of time-averaging limits. Any comment 
should include a rigorous technical analysis in support of the position 
that is advocated.

E. Wireless Power Transfer Devices

    18. Definition. WPT devices have been authorized for several years 
under the Commission's Part 15 rules or Part 18 rules, depending on 
whether any communication functionality is provided between the 
transmitting unit (TU) and the receiving unit (RU). These new and 
enhanced WPT products will seek an ubiquitous position in modern 
households and workplaces, and will require unique considerations in 
the equipment authorization process. Accordingly, the Commission 
proposes to define WPT devices under Part 18 of its rules as follows: A 
wireless power transfer (WPT) device is a category of Industrial, 
Scientific, and Medical (ISM) equipment which generates and emits RF 
energy for local use by inductive, capacitive, or radiative coupling, 
for transfer of electromagnetic energy between a power transfer unit 
(TU) and receiving unit(s) (RU) of a WPT system.
    19. The Commission seeks comment on the proposed definition. Is 
there an alternative definition that would better reflect the 
technological developments in this area? It also seeks to allow non-
communications feedback--for example, the RU modulates its resistance 
to create a ``feedback'' to the TU to indicate its charge level--as 
being compliant with Part 18 rules. Based on the distinction between 
locally-operated wireless power transfer equipment and wireless power 
transfer equipment that operates at a distance, should the Commission 
also consider a separate definition for wireless power transfer 
equipment that provides for the charging of receiving units located at 
a distance from the transfer unit, as this type of equipment may not 
meet the above proposed definition for ``local'' operation? The 
Commission invites comments and input on these issues.
    20. Locally operated wireless power transfer systems. Part 18 
allows the use of potentially unlimited power if a device operates 
within a designated Industrial, Scientific and Medical (ISM) frequency 
band, so long as the device operates ``locally.'' Because the 
Commission's rules do not define what would constitute ``local'' usage, 
measurement and compliance challenges arise in assessing wireless power 
transfer devices that provide charging of receiving units located at a 
distance from the wireless power transfer transmitting unit. The 
Commission seeks comment on whether the term ``local'' should be 
defined in terms of distance between the transmitting and receiving 
units. If the Commission defines ``local'' based on this distance, what 
is the maximum distance between the transmitting and receiving units 
that should be considered as ``local'' operation?
    21. The Commission notes that the International Special Committee 
on Radio Interference (CISPR) is considering a definition for the 
primary device of a wireless power transfer system that states that the 
term ``local'' is used differently in the context of wireless power 
transfer from other ISM devices: ``for the case of WPT systems that 
operate inductively, `local' may imply that the separation distance 
between the primary (TU) and secondary (RU) WPT devices should not be 
greater than 50 centimeters (cm).'' Based on CISPR's proposal, should 
the Commission use 50 cm as the maximum distance for wireless power 
transfer devices that operate ``locally'' (excluding wireless power 
transfer at-a-distance devices, as discussed below) under Part 18?
    22. Wireless power transfer at-a-distance. The Commission seeks 
comment on a suitable definition and operating parameters for wireless 
power transfer devices that provide charging of receiving units located 
at a distance from the power transfer unit (i.e., 50 cm or greater), 
with future developments intended at distances suitable for room-size 
operation, and while the RU is in motion. This would cover wireless 
power transfer devices that do not meet the definition of a locally 
operated wireless power transfer device, i.e., within a proposed 
maximum distance between the transmitting and receiving unit(s) as 
discussed above. Should the Commission consider the size and coherence 
of the electromagnetic field created, rather than its distance from the 
transmitting unit? The challenge with these types of wireless power 
transfer devices is that charging at a distance can create an RF field 
distribution in three dimensions with an undefined or varying beam 
shape depending on the design. Moreover, the location of maximum RF 
exposure will be an area where various beams intersect, and the 
direction/location and intensity of the beams can change with the 
location of the target receiving unit(s). Instead--or in addition--
should the size and/or shape of the maximum field determine whether the 
energy is used in reference to the distance between the transmitting 
unit and any receiving unit(s)? What parameters should be used for such 
a consideration?
    23. The Commission further seeks comment on what factors it should 
consider to ensure that the RF beam from the transmitting unit is 
closely concentrated at the receiving unit, such that RF energy along 
the path(s) does not exceed the applicable RF exposure limit for any 
human that may be situated along the path(s), or create the potential 
for harmful interference to other services. How should the Commission 
evaluate compliance of wireless power transfer at-a-distance devices 
with potential movements of humans in the RF field and the potential 
for very close proximity of the receiving unit to humans? The 
Commission believes that these devices should comply with its rules 
under all operating conditions, including movements of people around 
and in the field. Should the Commission propose to establish frequency 
bands and power limits specifically for wireless power transfer at-a-
distance devices either under Part 15 or Part 18 of its rules, 
including operation in designated ISM frequency bands (instead of 
allowing unlimited power in these bands, as Part 18 currently permits)? 
If the Commission establishes power limits, what should be the basis 
for such limits, and should any consideration be given

[[Page 19122]]

to potential harmful interference to other non-part 18 devices, given 
the popularity of these ISM frequency bands for consumer devices? With 
respect to the potential for harmful interference from wireless power 
transfer devices to active medical devices that may be worn or 
implanted (e.g., body worn insulin pumps, implantable cardiac 
pacemakers, implantable deep brain stimulators (DBS), spinal cord 
stimulators, and the like), what mitigation techniques should be 
required?
    24. Finally, the Commission seeks input on the following issues: 
Under what category of spectrum use should the Commission consider 
wireless power transfer, e.g., either ISM under Part 18, Part 15, or 
new rule part? What radio frequency bands are most suitable for 
wireless power transfer? What steps are required to ensure that 
radiocommunication services, including the radio astronomy service, as 
well as active medical devices, as indicated above, are protected from 
wireless power transfer operations?
    25. Certification. Under Part 18, wireless power transfer equipment 
is currently authorized pursuant to the Supplier's Declaration of 
Conformity (SDoC) rules (formerly the Declaration of Conformity rules), 
with the option to use the Certification rules.
    26. Because of the continuing evolution of wireless power transfer 
technology, and the potential use at higher power and in closer 
proximity to humans, the Commission proposes to require wireless power 
transfer equipment for both consumer and non-consumer applications to 
be subject to its Certification rules. Certification will allow the 
Commission to ensure that a wireless power transfer device complies 
with its RF exposure rules which may be achieved by determining whether 
the device qualifies for an RF exposure exemption, or whether a routine 
RF exposure evaluation is required. The FCC Laboratory presently 
provides guidance that requires applicants for authorization of 
wireless power transfer devices to consult with the FCC Laboratory on 
measurement procedures prior to equipment authorization, but exempts 
certain low-power wireless power transfer devices from this requirement 
(KDB Publication 680106). These low-power wireless power transfer 
devices include those that operate on frequencies below 1 MHz, at power 
levels less than 15 watts, only in mobile device exposure condition 
(>20 cm from the body), and only use single primary and secondary coils 
in close proximity. The Commission seeks comment on whether it should 
adopt a rule to exempt such low-power wireless power transfer devices 
from requiring certification and instead allow them to continue to be 
authorized using its SDoC procedure. In addition, are there other 
criteria the Commission should consider when exempting wireless power 
transfer devices from the certification requirement and, if so, what 
are they, and why?

II. Initial Regulatory Flexibility Analysis

    27. As required by the Regulatory Flexibility Act of 1980 (RFA), 
the Commission prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on a substantial 
number of small entities by the policies and rules proposed in the 
NPRM. The Commission requests written public comment on the IRFA, which 
is contained in Appendix C to the NPRM. Comments must be identified as 
responses to the IRFA and must be filed by the deadline for comments 
provided in this NPRM.
    28. In the IRFA, the Commission noted that 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 
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.
    29. The NPRM proposes to amend Parts 1, 2, and 18 of its rules 
relating to the compliance of FCC-regulated transmitters, facilities, 
and devices with the guidelines for human exposure to radiofrequency 
(RF) energy. Specifically, the Commission is proposing to make certain 
revisions in its rules that it believes will result in more efficient, 
practical and consistent application of its RF exposure compliance 
procedures. The NPRM seeks to develop a record that will enable the 
Commission to meet the challenges presented by evolving technological 
advances not resolved in the previous RF exposure proceedings. The NPRM 
seeks comment on expanding the range of frequencies for which the RF 
exposure limits apply; on applying localized exposure limits above 6 
GHz in parallel with the localized exposure limits already established 
below 6 GHz; on specifying the conditions under which and the methods 
by which the limits are averaged, in both time and area, during 
evaluation for compliance with the rules; and on addressing new issues 
raised by Wireless Power Transfer devices.The proposed action is 
authorized under Sections 1, 4(i), 4(j), 301, 203, 303(r), 307, 308, 
309, 332(a)(1), 332(c)(7)(B)(iv), and 403 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 301, 302a, 303(r), 
307, 308, 309, 332(a)(1), 332(c)(7)(B)(iv), 403; the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.; and Section 
704(b) of the Telecommunications Act of 1996, Public Law 104-104.
    30. The Commission identified the small entities to which the 
proposed rules would apply as being made up of entities from the 
following categories: International Broadcast Stations; Satellite 
Telecommunications Providers; All Other Telecommunications; Fixed 
Satellite Small Transmit/Receive Earth Stations; Fixed Satellite Very 
Small Aperture Terminal (VSAT) Systems; Mobile Satellite Earth 
Stations; Wireless Telecommunications Carriers (except satellite); 
Licenses Assigned by Auction; Paging Services; 2.3 GHz Wireless 
Communications Services; 1670-1675 MHz Services; Wireless Telephony; 
Broadband Personal Communications Service; Advanced Wireless Services; 
Narrowband Personal Communications Services; Lower 700 MHz Band 
Licensees; Upper 700 MHz Band Licensees; 700 MHz Guard Band Licensees; 
Specialized Mobile Radio, 220 MHz Radio Service--Phase I Licensees; 220 
MHz Radio Service--Phase II Licensees; Private Land Mobile Radio; Fixed 
Microwave Services; 39 GHz Service; Local Multipoint Distribution 
Service; 218-219 MHz Service; Location and Monitoring Service; Rural 
Radiotelephone Service; Air-Ground Radiotelephone Service; Aviation and 
Marine Radio Services; Offshore Radiotelephone Service; Multiple 
Address Systems; 1.4 GHz Band Licensees; Incumbent 24 GHz Licensees; 
Future 24 GHz Licensees; Broadband Radio Service and Educational 
Broadband Service; Television Broadcasting; Radio Broadcasting; 
Auxiliary, Special Broadcast, and Other Program Distribution Services; 
Multichannel Video Distribution and Data Service; Amateur Radio 
Service; Personal Radio Services; Public Safety Radio Services; IMTS 
Resale Carriers; and Wireless Carriers and Service Providers.
    31. The proposed rules in the NPRM do not duplicate, overlap, or 
conflict with other Federal rules. The proposals being made in the NPRM 
may require

[[Page 19123]]

additional analysis and mitigation activities regarding compliance with 
the Commission's RF exposure limits for certain facilities, operations, 
and transmitters, such as some wireless base stations, particularly 
those on rooftops, and some antennas at multiple transmitter sites. In 
other cases, current analytical requirements are being relaxed. The 
Commission also sought comments on potential alternatives.

Statement of Authority for the Actions Proposed

    32. Sections 1, 4(i), 4(j), 301, 303(r), 307, 308, 309, 332(a)(1), 
332(c)(7)(B)(iv), and 403 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 301, 303(r), 307, 308, 309, 
332(a)(1), 332(c)(7)(B)(iv), 403; the National Environmental Policy Act 
of 1969, 42 U.S.C. 4321, et seq.; and section 704(b) of the 
Telecommunications Act of 1996, Public Law 104-104.

List of Subjects in 47 CFR Parts 1, 2, and 18

    Communications equipment, Radio.
Federal Communications Commission.

Cecilia Sigmund,
Federal Register Liaison Officer.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposed to amend 47 CFR parts 1, 2, and 18 
as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 47 U.S. C chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, 
unless otherwise noted.

0
2. Section 1.1307 is amended by adding in alphabetical order the 
definition of ``Device-based time averaging'' to 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) * * *
    (2) * * *
    Device-based time averaging is where the instantaneous transmit 
power and duration of each transmission burst is managed by the device 
over some specified time-averaging period to ensure compliance with the 
RF exposure limits.
* * * * *
0
3. Section 1.1310 is revised to read as follows:


Sec.  1.1310   Radiofrequency radiation exposure limits.

    (a) Between 3 kHz and 10 MHz (inclusive), internal electric field 
limits as set forth in paragraph (f) of this section shall be used to 
evaluate the environmental impact of human exposure to RF radiation as 
specified in Sec.  1.1307(b). Specific absorption rate (SAR) shall be 
used to evaluate the environmental impact of human exposure to 
radiofrequency (RF) radiation as specified in Sec.  1.1307(b) within 
the frequency range of 100 kHz to 6 GHz (inclusive). Power density (PD) 
shall be used to evaluate the environmental impact of human exposure to 
radiofrequency (RF) radiation as specified in Sec.  1.1307(b) for the 
frequency range above 6 GHz.
    (b) The SAR limits for occupational/controlled exposure are 0.4 W/
kg, as averaged over the whole body, and a peak spatial-average 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 parts of the human body 
treated as extremities, such as hands, wrists, feet, ankles, and 
pinnae, where the peak spatial-average SAR limit for occupational/
controlled exposure is 20 W/kg, averaged over any 10 grams of tissue 
(defined as a tissue volume in the shape of a cube). The PD limits for 
occupational/controlled exposure are 5 mW/cm\2\, as averaged over the 
whole body, and a peak spatial-average PD of 20 mW/cm\2\, averaged over 
any 1 cm\2\. Exposure may be averaged over a time period not to exceed 
6 minutes to determine compliance with occupational/controlled SAR 
limits.
    (c) The SAR limits for general population/uncontrolled exposure are 
0.08 W/kg, as averaged over the whole body, and a peak spatial-average 
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 parts of the 
human body treated as extremities, such as hands, wrists, feet, ankles, 
and pinnae, where the peak spatial-average SAR limit is 4 W/kg, 
averaged over any 10 grams of tissue (defined as a tissue volume in the 
shape of a cube). The PD limits for general population/uncontrolled 
exposure are 1 mW/cm\2\, as averaged over the whole body, and a peak 
spatial-average PD of 4 mW/cm\2\, averaged over any 1 cm\2\. Exposure 
may be averaged over a time period not to exceed 30 minutes to 
determine compliance with general population/uncontrolled SAR limits.
    (d)(1) Evaluation with respect to the SAR and/or PD limits in this 
section must demonstrate compliance with both the whole-body and peak 
spatial-average limits. Evaluation with respect to both the SAR and PD 
limits in this section and in Sec.  2.1093 of this chapter, as well as 
the internal electric field limits in this section where applicable, 
shall be done using technically supported measurement or computational 
methods and exposure conditions in advance of authorization (licensing 
or equipment certification) and in a manner that facilitates 
independent assessment and, if appropriate, enforcement. Numerical 
computation of SAR must be supported by adequate documentation showing 
that the numerical method as implemented in the computational software 
has been fully validated; in addition, the equipment under test and 
exposure conditions must be modeled according to protocols established 
by FCC-accepted numerical computation standards or available FCC 
procedures for the specific computational method.
    (2) The limits for maximum permissible exposure (MPE) listed in 
Table 1 to paragraph (e)(1) of this section, which have been derived 
from whole-body SAR limits, may be used instead of whole-body SAR and/
or PD limits as set forth in paragraphs (a) through (c) of this section 
to evaluate the environmental impact of human exposure to RF radiation 
as specified in Sec.  1.1307(b), except for portable devices as defined 
in 47 CFR 2.1093 as these evaluations shall be performed according to 
the SAR and/or PD provisions, and internal electric field provisions 
where applicable, in Sec.  2.1093 of this chapter.
    (3) The MPE limits listed in Table 1 to paragraph (e)(1) of this 
section, the SAR and/or PD limits as set forth in paragraph (a) through 
(c) of this section and in Sec.  2.1093 of this chapter, and the 
internal electric field limits listed in Table 2 to paragraph (f) of 
this section are for continuous exposure, that is, for indefinite time 
periods. Except for internal electric field, as described in (f) of 
this section, exposure levels higher than the limits are permitted for 
shorter exposure times, as long as the average exposure over a period 
not to exceed the specified averaging time in Table 1 to paragraph 
(e)(1) of this section or source-based time averaging requirement of 
Sec. Sec.  2.1091(d)(2) and 2.1093(d)(5) for general population 
exposure is less than the limits. Detailed information on our policies 
regarding procedures for evaluating compliance with all of these 
exposure limits can be found in the FCC's OET Bulletin 65, ``Evaluating 
Compliance with FCC Guidelines for Human Exposure to Radiofrequency 
Electromagnetic Fields,'' and in supplements to Bulletin

[[Page 19124]]

65, all available at the FCC's internet website: http://www.fcc.gov/rfsafety and in the Office of Engineering and Technology (OET) 
Laboratory Division Knowledge Database (KDB) (https://www.fcc.gov/kdb).

    Note 1 to Paragraph (d):  SAR is a measure of the rate of energy 
absorption due to exposure to RF electromagnetic energy. These SAR 
limits to be used for evaluation in paragraphs (a) through (d) of 
this section are based generally on criteria published by the 
American National Standards Institute (ANSI) for localized SAR in 
Section 4.2 of ANSI/IEEE Std C95.1-1992 These criteria for SAR 
evaluation are similar to those recommended by the National Council 
on Radiation Protection and Measurements (NCRP) in NCRP Report No. 
86, Section 17.4.5. Limits for whole body SAR and peak spatial-
average SAR are based on recommendations made in both of these 
documents.

    (e)(1) Table 1 to paragraph (e)(1) sets forth limits for Maximum 
Permissible Exposure (MPE) to radiofrequency electromagnetic fields.

                   Table 1 to paragraph (e)(1)--Limits for Maximum Permissible Exposure (MPE)
----------------------------------------------------------------------------------------------------------------
                                        Electric field     Magnetic field   Power density (mW/   Averaging time
        Frequency range (MHz)           strength (V/m)     strength (A/m)         cm\2\)           (minutes)
----------------------------------------------------------------------------------------------------------------
                                 (A) Limits for Occupational/Controlled Exposure
----------------------------------------------------------------------------------------------------------------
0.3-3.0.............................                614               1.63               *100                  6
3.0-30..............................             1842/f             4.89/f          *900/f\2\                  6
30-300..............................               61.4              0.163                1.0                  6
300-1,500...........................  .................  .................              f/300                  6
1,500-3,000,000.....................  .................  .................                  5                  6
----------------------------------------------------------------------------------------------------------------
                             (B) Limits for General Population/Uncontrolled Exposure
----------------------------------------------------------------------------------------------------------------
0.3-1.34............................                614               1.63               *100                 30
1.34-30.............................              824/f             2.19/f          *180/f\2\                 30
30-300..............................               27.5              0.073                0.2                 30
300-1,500...........................  .................  .................             f/1500                 30
1,500-3,000,000.....................  .................  .................                1.0                 30
----------------------------------------------------------------------------------------------------------------
f = frequency in MHz. * = Plane-wave equivalent power density, electric and magnetic field strengths are root-
  mean-square (rms).


    Note 2 to Paragraph (E)(1): The MPE limits in Table 1 to 
paragraph (e)(1) of this section are based generally on criteria 
published by the NCRP in NCRP Report No. 86, Sections 17.4.1, 
17.4.1.1, 17.4.2 and 17.4.3 In the frequency range from 100 MHz to 
1500 MHz, these MPE exposure limits for field strength and power 
density are also generally based on criteria recommended by the ANSI 
in Section 4.1 of ``ANSI/IEEE Std C95.1-1992. Peak spatial-average 
PD limits of 4 mW/cm\2\ for general population/uncontrolled exposure 
and 20 mW/cm\2\ for occupational/controlled exposure in the 
frequency range from 6 GHz to 300 GHz are generally based on 
criteria recommended at 6 GHz by the ANSI in Section 4.4 of ANSI/
IEEE Std C95.1-1992, and on thermal perception thresholds at 
frequencies above 6 GHz.

* * * * *

    Note 3 to paragraph (F):  Internal electric field shall be used 
to evaluate the environmental impact of human exposure to 
radiofrequency (RF) radiation as specified in Sec.  1.1307(b) within 
the frequency range of 3 kHz to 10 MHz (inclusive). Internal 
electric fields shall be determined as a vector average in a 
contiguous tissue volume of 2 x 2 x 2 cubic millimeters. Internal 
electric fields induced by electric or magnetic fields including 
transient or very short-term peak fields shall be regarded as 
instantaneous values not to be time-averaged.


      Table 2 to Paragraph (F)--Limits for Internal Electric Field
------------------------------------------------------------------------
                                                       Internal electric
                Frequency range (MHz)                    field strength
                                                          (rms) (V/m)
------------------------------------------------------------------------
             (A) Limits for Occupational/Controlled Exposure
------------------------------------------------------------------------
0.003-10.............................................               270f
------------------------------------------------------------------------
         (B) Limits for General Population/Uncontrolled Exposure
------------------------------------------------------------------------
0.003-10.............................................               135f
------------------------------------------------------------------------
f = frequency in MHz.


    Note 3 to paragraph (f): Internal electric field limits in Table 
2 to paragraph (f) of this section are generally based on guidelines 
recommended by the International Commission on Non-Ionizing 
Radiation Protection (ICNIRP) in ``ICNIRP Guidelines for Limiting 
Human Exposure to Time-Varying Electric and Magnetic Fields (1 Hz to 
100 kHz).''


    Note 4 to Sec.  1.1310: Sources cited in this section. 1. ANSI/
IEEE Std C95.1-1992 . ``IEEE Standard for Safety Levels with Respect 
to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz 
to 300 GHz,'', copyright 1992 by the Institute of Electrical and 
Electronics Engineers, Inc. (IEEE), New York, New York 10017. 2. 
``ICNIRP Guidelines for Limiting Human Exposure to Time-Varying 
Electric and Magnetic Fields (1 Hz to 100 kHz),'' Published in 
Volume 99, Issue 6, Pages 818-836, copyright 2010 by the Health 
Physics Society and available at http://www.icnirp.org. 3. NCRP 
Report No. 86 ``Biological Effects and Exposure Criteria for 
Radiofrequency Electromagnetic Fields,'' copyright 1986 by NCRP, 
Bethesda, Maryland 20814.

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

0
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.

0
5. Section 2.1091 is amended by revising paragraph (d) to read as 
follows:


Sec.  2.1091   Radiofrequency radiation exposure evaluation: mobile 
devices.

* * * * *
    (d)(1) Applications for equipment authorization of mobile RF 
sources subject to routine environmental evaluation must contain a 
statement confirming compliance with the limits specified in Sec.  
1.1310 of this chapter as part of their application. Technical 
information showing the basis for this statement must be submitted to 
the Commission upon request. In general, maximum time-averaged power 
levels must be used for evaluation. All unlicensed personal 
communications service (PCS) devices and unlicensed

[[Page 19125]]

NII devices shall be subject to the limits for general population/
uncontrolled exposure.
    (2) For purposes of analyzing mobile transmitting devices under the 
occupational/controlled criteria specified in Sec.  1.1310 of this 
chapter, time averaging provisions of the limits may be used in 
conjunction with maximum duty factor to determine maximum time-averaged 
exposure levels under normal operating conditions.
    (3) Such time averaging provisions based on maximum duty factor may 
not be used in determining exposure levels for devices intended for use 
by consumers in general population/uncontrolled environments as defined 
in Sec.  1.1310 of this chapter. However, either ``source-based'' time 
averaging, based on an inherent property of the RF source, or ``device-
based'' time averaging based on an inherent capability of the device in 
direct control of the RF source, is allowed.
* * * * *
0
6. Section 2.1093 is amended by revising paragraph (d) to read as 
follows:


Sec.  2.1093   Radiofrequency radiation exposure evaluation: portable 
devices.

* * * * *
    (d)(1) Applications for equipment authorization of portable RF 
sources subject to routine environmental evaluation must contain a 
statement confirming compliance with the limits specified in Sec.  
1.1310 of this chapter as part of their application. Technical 
information showing the basis for this statement must be submitted to 
the Commission upon request. In general, maximum time-averaged power 
levels must be used for evaluation. All unlicensed personal 
communications service (PCS) devices and unlicensed NII devices shall 
be subject to the limits for general population/uncontrolled exposure.
    (2) Evaluation of compliance with the SAR limits can be 
demonstrated by either laboratory measurement techniques or by 
computational modeling. The latter must be supported by adequate 
documentation showing that the numerical method as implemented in the 
computational software has been fully validated; in addition, the 
equipment under test and exposure conditions must be modeled according 
to protocols established by FCC-accepted numerical computation 
standards or available FCC procedures for the specific computational 
method. Guidance regarding SAR, PD, internal electric field, and MPE 
measurement techniques, where applicable, can be found in the Office of 
Engineering and Technology (OET) Laboratory Division Knowledge Database 
(KDB). The staff guidance provided in the KDB does not necessarily 
represent the only acceptable methods for measuring RF exposure or RF 
emissions, and is not binding on the Commission or any interested 
party.
    (3) For purposes of analyzing portable RF sources under the 
occupational/controlled SAR criteria specified in Sec.  1.1310 of this 
chapter, the time averaging provisions of these SAR criteria may be 
used to determine maximum time-averaged exposure levels under normal 
operating conditions.
    (4) The time averaging provisions for occupational/controlled SAR/
PD criteria, based on maximum duty factor, may not be used in 
determining typical exposure levels for portable devices intended for 
use by consumers, such as cellular telephones, that are considered to 
operate in general population/uncontrolled environments as defined in 
Sec.  1.1310 of this chapter. However, either ``source-based'' time 
averaging, based on an inherent property of the RF source, or ``device-
based'' time averaging based on an inherent capability of the device in 
direct control of the RF source, is allowed, as described in paragraph 
(d)(6) of this section.
    (5) Visual advisories (such as labeling, embossing, or on an 
equivalent electronic display) on portable devices designed only for 
occupational use can be used as part of an applicant's evidence of the 
device user's awareness of occupational/controlled exposure limits. 
Such visual advisories shall be legible and clearly visible to the user 
from the exterior of the device. Visual advisories 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 advisory 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 
visual advisory, 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.
    (6) General population/uncontrolled exposure limits defined in 
Sec.  1.1310 of this chapter apply to portable devices intended for use 
by consumers or persons who are exposed as a consequence of their 
employment and may not be fully aware of the potential for exposure or 
cannot exercise control over their exposure. No communication with the 
consumer including either visual advisories or manual instructions will 
be considered sufficient to allow consumer portable devices to be 
evaluated subject to limits for occupational/controlled exposure 
specified in Sec.  1.1310 of this chapter.
    (7) ``Device-based'' time averaging, based on an inherent 
capability of the device in direct control of the RF source(s) within a 
device, is permitted if the protocols established to track the 
instantaneous transmit power over a time averaging period not to exceed 
the values listed in Table 1 for the specific operating frequencies of 
each transmitter have been validated against available FCC procedures 
for the ``device-based'' time averaging method to be used by the 
device.

                                    Table 1 to Paragraph (d)--Maximum Averaging Times for Device-Based Time Averaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Frequency (GHz):............................        <2.9   2.9-7.125  7.125-10.5   10.5-15.4     15.4-24       24-37       37-53       53-95         >95
Time (seconds):.............................         100          49          27          14           7           4           3           2           1
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 19126]]

* * * * *

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

0
7. The authority citation for part 18 continues to read as follows:

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

0
8. Amend Sec.  18.107 by adding paragraph (k) to read as follows:


Sec.  18.107   Definitions.

* * * * *
    (k) Wireless power transfer (WPT) equipment. A category of ISM 
equipment which generates and emits RF energy for local use by 
inductive, capacitive or radiative coupling, for transfer of 
electromagnetic energy between a power transfer unit (TU) and receiving 
unit(s) (RU) of a WPT system.
* * * * *
0
9. Add Sec.  18.123 to read as follows:


Sec.  18.123   Transition Provisions for Wireless Power Transfer 
Equipment.

    All wireless power transfer equipment that are manufactured, 
imported, marketed or installed on or after [DATE 6 MONTHS AFTER 
EFFECTIVE DATE OF FINAL RULE] shall comply with all the provisions for 
wireless power transfer devices of this part.
0
10. Amend Sec.  18.203 by adding paragraph (d) to read as follows:


Sec.  18.203   Equipment authorization.

* * * * *
    (d) Wireless power transfer equipment shall be authorized under the 
Certification procedure prior to use or marketing, in accordance with 
the relevant sections of part 2, subpart J of this chapter.
0
11. Amend Sec.  18.207 by adding paragraph (e)(6) to read as follows:


Sec.  18.207   Technical report.

* * * * *
    (e) * * *
    (6) For wireless power transfer equipment, a statement confirming 
compliance for radio frequency radiation exposure in accordance with 
the requirements in 47 CFR 1.1307(b), 1.1310, 2.1091, and 2.1093, as 
appropriate. Applications for equipment authorization of RF sources 
operating under this section must contain a statement confirming 
compliance with these requirements. Technical information showing the 
basis for this statement must be submitted to the Commission upon 
request.
* * * * *

[FR Doc. 2020-06966 Filed 4-3-20; 8:45 am]
 BILLING CODE 6712-01-P