§  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 § 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 § § 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 § 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 § § 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 § 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, 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 § 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]