§  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) Portable devices that operate in the Cellular Radiotelephone
   Service, the Personal Communications Service (PCS), the Satellite
   Communications Services, the General Wireless Communications Service,
   the Wireless Communications Service, the Maritime Services, the
   Specialized Mobile Radio Service, the 4.9 GHz Band Service, the
   Wireless Medical Telemetry Service (WMTS) and the Medical Device
   Radiocommunication Service (MedRadio), authorized under subpart H of
   part 22 of this chapter, parts 24, 25, 26, 27, 80 and 90 of this
   chapter, subparts H and I of part 95 of this chapter, and unlicensed
   personal communication service, unlicensed NII devices and millimeter
   wave devices authorized under subparts D and E, 15.253, 15.255 and
   15.257 of this chapter are subject to routine environmental evaluation
   for RF exposure prior to equipment authorization or use. 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. 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 as part of their application. 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) Limits for Occupational/Controlled exposure: 0.4 W/kg as averaged
   over the whole-body and spatial peak SAR not exceeding 8 W/kg as
   averaged over any 1 gram of tissue (defined as a tissue volume in the
   shape of a cube). Exceptions are the hands, wrists, feet and ankles
   where the spatial peak SAR shall not exceed 20 W/kg, as averaged over
   an 10 grams of tissue (defined as a tissue volume in the shape of a
   cube). 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 warning labels or by specific
   training or education through appropriate means, such as an RF safety
   program in a work environment.

   (2) Limits for General Population/Uncontrolled exposure: 0.08 W/kg as
   averaged over the whole-body and spatial peak SAR not exceeding 1.6
   W/kg as averaged over any 1 gram of tissue (defined as a tissue volume
   in the shape of a cube). Exceptions are the hands, wrists, feet and
   ankles where the spatial peak SAR shall not exceed 4 W/kg, as averaged
   over any 10 grams of tissue (defined as a tissue volume in the shape of
   a cube). 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. Warning
   labels placed 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. Methodologies and
   references for SAR evaluation are described in numerous technical
   publications including "IEEE Recommended Practice for the Measurement
   of Potentially Hazardous Electromagnetic Fields--RF and Microwave,"
   IEEE C95.3-1991.

   (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]

Subpart K--Importation of Devices Capable of Causing Harmful Interference