Sec.  2.1091   Radiofrequency radiation exposure evaluation: mobile 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  Sec. 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) Mobile devices that operate in the Cellular Radiotelephone Service, the
   Personal Communications Services, the Satellite Communications Services, the
   General  Wireless  Communications Service, the Wireless Communications
   Service, the Maritime Services and the Specialized Mobile Radio Service
   authorized under subpart H of part 22 of this chapter, parts 24, 25, 26 and
   27 of this chapter, part 80 of this chapter (ship earth stations devices
   only) and part 90 of this chapter are subject to routine environmental
   evaluation for RF exposure prior to equipment authorization or use if they
   operate at frequencies of 1.5 GHz or below and their effective radiated
   power (ERP) is 1.5 watts or more, or if they operate at frequencies above
   1.5 GHz and their ERP is 3 watts or more. Unlicensed personal communications
   service devices, unlicensed millimeter wave devices and unlicensed NII
   devices authorized under  Sec.  Sec. 15.253, 15.255, and 15.257, 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 if their
   ERP is 3 watts or more or if they meet the definition of a portable device
   as specified in  Sec. 2.1093(b) requiring evaluation under the provisions of that
   section.  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  Sec.  Sec. 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) The limits to be used for evaluation are specified in  Sec. 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  Sec. 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  Sec. 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, compliance with exposure guidelines for devices in this
   section 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.

   (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  Sec. 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]