§ 2.1091   Radiofrequency radiation exposure evaluation: mobile devices.

   (a)  Requirements  of  this  section  are  a consequence of Commission
   responsibilities under the National Environmental Policy Act to evaluate the
   environmental significance of its actions. See subpart I of part 1 of this
   chapter, in particular § 1.1307(b).

   (b)  For  purposes  of  this  section, a mobile device is defined as a
   transmitting device designed to be used in other than fixed locations and to
   generally be used in such a way that a separation distance of at least 20
   centimeters is normally maintained between the transmitter's radiating
   structure(s) and the body of the user or nearby persons. In this context,
   the term “fixed location” means that the device is physically secured at one
   location  and  is  not  able  to  be easily moved to another location.
   Transmitting devices designed to be used by consumers or workers that can be
   easily re-located, such as wireless devices associated with a personal
   computer, are considered to be mobile devices if they meet the 20 centimeter
   separation requirement.

   (c)(1) Mobile devices that operate in the Commercial Mobile Radio Services
   pursuant to part 20 of this chapter; the Cellular Radiotelephone Service
   pursuant to part 22 of this chapter; the Personal Communications Services
   pursuant to part 24 of this chapter; the Satellite Communications Services
   pursuant  to  part  25  of  this  chapter;  the Miscellaneous Wireless
   Communications Services pursuant to part 27 of this chapter; the Maritime
   Services (ship earth station devices only) pursuant to part 80 of this
   chapter; the Specialized Mobile Radio Service, and the 3650 MHz Wireless
   Broadband Service pursuant to part 90 of this chapter; and the Citizens
   Broadband Radio Service pursuant to part 96 of this chapter are subject to
   routine  environmental  evaluation  for RF exposure prior to equipment
   authorization or use if:

   (i) They operate at frequencies of 1.5 GHz or below and their effective
   radiated power (ERP) is 1.5 watts or more, or

   (ii) They operate at frequencies above 1.5 GHz and their ERP is 3 watts or
   more.

   (2)  Unlicensed  personal  communications  service devices, unlicensed
   millimeter  wave  devices  and unlicensed NII devices authorized under
   § § 15.253(f), 15.255(g), 15.257(g), 15.319(i), and 15.407(f) 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 § 2.1093(b)
   requiring evaluation under the provisions of that section.

   (3) 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 § § 1.1307(c) and
   1.1307(d) of this chapter.

   (4)  Applications for equipment authorization of mobile and unlicensed
   transmitting  devices subject to routine environmental evaluation must
   contain a statement confirming compliance with the limits specified in
   paragraph (d) of this section. Technical information showing the basis for
   this statement must be submitted to the Commission upon request.

   (d) The limits to be used for evaluation are specified in § 1.1310 of this
   chapter. All unlicensed personal communications service (PCS) devices and
   unlicensed  NII  devices  shall  be  subject to the limits for general
   population/uncontrolled exposure.

   (1)  For  purposes  of analyzing mobile transmitting devices under the
   occupational/controlled criteria specified in § 1.1310 of this chapter,
   time-averaging provisions of the guidelines may be used in conjunction with
   typical maximum duty factors to determine maximum likely exposure levels.

   (2)  Time-averaging  provisions may not be used in determining typical
   exposure  levels  for devices intended for use by consumers in general
   population/uncontrolled environments as defined in § 1.1310 of this chapter.
   However, “source-based” time-averaging based on an inherent property or
   duty-cycle of a device is allowed. An example of this is the determination
   of  exposure  from  a  device  that  uses digital technology such as a
   time-division multiple-access (TDMA) scheme for transmission of a signal. In
   general, maximum average power levels must be used to determine compliance.

   (3) If appropriate, awareness of exposure from devices in this section can
   be  accomplished  by  the  use of visual advisories (such as labeling,
   embossing, or on an equivalent electronic display) and by providing users
   with information concerning minimum separation distances from radiating
   structures and proper installation of antennas.

   (i) Visual advisories shall be legible and clearly visible to the user from
   the exterior of the device.

   (ii)   Visual   advisories   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
   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.

   (iii) 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.

   (iv) 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.

   (4) In some cases, e.g., modular or desktop transmitters, the potential
   conditions of use of a device may not allow easy classification of that
   device as either mobile or portable (also see § 2.1093). In such cases,
   applicants are responsible for determining minimum distances for compliance
   for the intended use and installation of the device based on evaluation of
   either specific absorption rate (SAR), field strength or power density,
   whichever is most appropriate.

   [ 61 FR 41017 , Aug. 7, 1996, as amended at  62 FR 4655 , Jan. 31, 1997;  62 FR 9658 , Mar. 3, 1997;  62 FR 47966 , Sept. 12, 1997;  68 FR 38638 , June 30, 2003;
    69 FR 3264 , Jan. 23, 2004;  70 FR 24725 , May 11, 2005;  78 FR 21559 , Apr. 11,
   2013;  78 FR 29062 , May 17, 2013;  78 FR 33651 , June 4, 2013;  80 FR 36221 ,
   June 23, 2015]

   return arrow Back to Top