§  2.1091   Radiofrequency radiation exposure evaluation: mobile devices.

   Link to an amendment published at  85 FR 18146 , Apr. 1, 2020.

   Link to a correction of the above amendment published at  85 FR 33578 ,
   June 2, 2020.

   (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 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, and the 3650 MHz Wireless Broadband
   Service pursuant to part 90 of this chapter; the 76-81 GHz Band Radar
   Service pursuant to part 95 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
   § § 15.255(f), 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;  81 FR 79936 , Nov. 14, 2016;  82 FR 43870 , Sept. 20, 2017;  84 FR 25689 , June 4, 2019;  85 FR 38739 , June 26,
   2020]

   Effective Date Note: At  85 FR 18146 , Apr. 1, 2020, § 2.1091 was amended
   by revising paragraphs (b) and (c), removing paragraph (d) introductory
   text, and revising paragraphs (d)(1) and (2). At  85 FR 33578 , June 2,
   2020, this revision was delayed indefinitely.