Goto Section: 2.1091 | 2.1201 | Table of Contents
Revised as of October 22, 2020
Goto Year:2020 |
§ 2.1093 Radiofrequency radiation exposure evaluation: portable devices.
Link to an amendment published at 85 FR 18147 , 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 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
(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(f),
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
(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
[ 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; 84 FR 25689 , June 4, 2019; 85 FR 38739 , June 26, 2020]
Effective Date Note: At 85 FR 18147 , Apr. 1, 2020, § 2.1093 was amended
by revising paragraphs (b) through (d). At 85 FR 33578 , June 2, 2020,
this revision was delayed indefinitely.
Subpart K—Importation of Devices Capable of Causing Harmful Interference
Goto Section: 2.1091 | 2.1201
Goto Year: 2020 |
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