§ 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 Upper Microwave Flexible Use Service pursuant to
   part 30 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), the Medical Device
   Radiocommunication Service (MedRadio), and the 76-81 GHz Band Radar
   Service pursuant to subparts H, I, and M of part 95 of this chapter,
   respectively; unlicensed personal communication service, unlicensed NII
   devices and millimeter-wave devices authorized under § § 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;  81 FR 79936 , Nov. 14, 2016;  82 FR 43870 , Sept.
   20, 2017]

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Subpart K—Importation of Devices Capable of Causing Harmful Interference

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