Sec. 2.1091  Radiofrequency radiation exposure evaluation: mobile and 
          unlicensed devices.

                                * * * * *

    (b) For purposes of this section mobile devices are defined as 
transmitters 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 radiating antennas and the 
body of the user or nearby persons.
    (c) Mobile devices that operate in the Cellular Radiotelephone 
Service, the Personal Communications Services, the Satellite 
Communications Services, the Wireless Communications Service, the 
Maritime Services and the Specialized Mobile Radio Service authorized 
under subpart H of part 22 of this chapter, part 24 of this chapter, 
part 25 of this chapter, part 27 of this chapter, part 80 of this 
chapter (ship earth station devices only) and part 90 of this chapter 
(``covered'' SMR devices only, as defined in the note to Table 1 of 
Sec. 1.1307(b)(1) of this chapter), are subject to routine environmental 
evaluation for RF exposure prior to equipment authorization or use if 
their effective radiated power (ERP) is 1.5 watts or more. Unlicensed 
personal communications service, unlicensed millimeter wave devices and 
unlicensed NII devices authorized under Sec. 15.253, Sec. 15.255 and 
subparts D and E of part 15 of this chapter are also subject to routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use, regardless of their power used, unless they meet 
the definition of a portable device as specified in Sec. 2.1093(b). All 
other mobile and unlicensed transmitting devices are categorically 
excluded from routine environmental evaluation for RF exposure prior to 
equipment authorization, except as specified in Secs. 1.1307(c) and 
1.1307(d) of this chapter. 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 as part of 
their application. Technical information showing the basis for this 
statement must be submitted to the Commission upon request.

                                * * * * *

    (d) * * *
    (3) Compliance with exposure guidelines for mobile and unlicensed 
devices can be accomplished by the use of warning labels and by 
providing users with information concerning minimum separation distances 
from transmitting structures and proper installation of antennas.

                                * * * * *