§ 2.1093   Radiofrequency radiation exposure evaluation: portable 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 portable device is defined as a
   transmitting device designed to be used so that the radiating structure(s)
   of the device is/are within 20 centimeters of the body of the user.

   (c)(1) Portable devices that operate in the Cellular Radiotelephone Service
   pursuant to part 22 of this chapter; the Personal Communications Service
   (PCS) 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, the 4.9 GHz Band Service, and
   the 3650 MHz Wireless Broadband Service pursuant to part 90 of this chapter;
   the  Wireless  Medical Telemetry Service (WMTS) and the Medical Device
   Radiocommunication Service (MedRadio), pursuant to subparts H and I of part
   95 of this chapter, respectively, unlicensed personal communication service,
   unlicensed  NII  devices  and millimeter wave devices authorized under
   § § 15.253(f), 15.255(g), 15.257(g), 15.319(i), and 15.407(f) 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.

   (2) All other portable 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.

   (3)  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. 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 based generally on criteria
   published by the American National Standards Institute (ANSI) for localized
   specific absorption rate (“SAR”) in Section 4.2 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. These criteria for SAR evaluation are similar to those recommended by
   the National Council on Radiation Protection and Measurements (NCRP) in
   “Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic
   Fields,” NCRP Report No. 86, Section 17.4.5. Copyright NCRP, 1986, Bethesda,
   Maryland 20814. SAR is a measure of the rate of energy absorption due to
   exposure to an RF transmitting source. SAR values have been related to
   threshold levels for potential biological hazards. The criteria to be used
   are specified in paragraphs (d)(1) and (d)(2) of this section and shall
   apply for portable devices transmitting in the frequency range from 100 kHz
   to 6 GHz. Portable devices that transmit at frequencies above 6 GHz are to
   be  evaluated  in terms of the MPE limits specified in § 1.1310 of this
   chapter. Measurements and calculations to demonstrate compliance with MPE
   field strength or power density limits for devices operating above 6 GHz
   should be made at a minimum distance of 5 cm from the radiating source.

   (1) 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). Exposure may be averaged over a time period not to exceed
   6 minutes to determine compliance with occupational/controlled SAR limits.

   (i) Occupational/Controlled limits apply when persons are exposed as a
   consequence of their employment provided these persons are fully aware of
   and exercise control over their exposure. Awareness of exposure can be
   accomplished by use of visual advisories (such as labeling, embossing, or on
   an equivalent electronic display) or by specific training or education
   through  appropriate  means,  such  as  an RF safety program in a work
   environment.

   (ii) Visual advisories 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.

   (A) Such visual advisories shall be legible and clearly visible to the user
   from the exterior of the device.

   (B) 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.

   (C) 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.

   (D)  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.

   (E)  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.

   (2) 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). Exposure may be
   averaged over a time period not to exceed 30 minutes to determine compliance
   with general population/uncontrolled SAR limits.

   (i) General Population/Uncontrolled limits apply when the general public may
   be exposed, or when persons that are exposed as a consequence of their
   employment may not be fully aware of the potential for exposure or do not
   exercise control over their exposure.

   (ii) Visual advisories (such as labeling, embossing, or on an equivalent
   electronic display) on consumer devices such as cellular telephones will not
   be sufficient reason to allow these devices to be evaluated subject to
   limits for occupational/controlled exposure in paragraph (d)(1) of this
   section.

   (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 showing that the test device and
   exposure conditions have been correctly modeled in accordance with the
   operating configurations for normal use. Guidance regarding SAR measurement
   techniques 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 emissions, and is not binding on the Commission or
   any interested party.

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

   (5) Time-averaging provisions of the MPE guidelines identified in § 1.1310 of
   this chapter may not be used in determining typical exposure levels for
   portable devices intended for use by consumers, such as hand-held cellular
   telephones,    that    are    considered   to   operate   in   general
   population/uncontrolled   environments   as  defined  above.  However,
   “source-based” time-averaging based on an inherent property or duty-cycle of
   a  device is allowed. An example of this would be 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.

   [ 61 FR 41017 , Aug. 7, 1996, as amended at  62 FR 4655 , Jan. 31, 1997;  62 FR 9658 , Mar. 3, 1997;  62 FR 47967 , Sept. 12, 1997;  65 FR 44007 , July 17, 2000;
    68 FR 38638 , June 30, 2003;  69 FR 3264 , Jan. 23, 2004;  70 FR 24725 , May 11,
   2005;  74 FR 22704 , May 14, 2009;  76 FR 67607 , Nov. 2, 2011;  78 FR 21559 ,
   Apr. 11, 2013;  78 FR 33652 , June 4, 2013;  80 FR 36221 , June 23, 2015]

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Subpart K—Importation of Devices Capable of Causing Harmful Interference

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