§  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, the definitions in § 1.1307(b)(2) of
   this chapter shall apply. A portable 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 the RF source's radiating
   structure(s) is/are within 20 centimeters of the body of the user.

   (c)(1) Evaluation of compliance with the exposure limits in § 1.1310 of
   this chapter, and preparation of an EA if the limits are exceeded, is
   necessary for portable devices having single RF sources with more than
   an available maximum time-averaged power of 1 mW, more than the ERP
   listed in Table 1 to § 1.1307(b)(3)(i)(C), or more than the Pth in the
   following formula, whichever is greater. The following formula shall
   only be used in conjunction with portable devices not exempt by
   § 1.1307(b)(3)(i)(C) at distances from 0.5 centimeters to 20 centimeters
   and frequencies from 0.3 GHz to 6 GHz.
   eCFR graphic er01ap20.007.gif

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   d = the minimum separation distance (cm) in any direction from any part
   of the device antenna(s) or radiating structure(s) to the body of the
   device user.

   (2) For multiple mobile or portable RF sources within a device
   operating in the same time averaging period, evaluation is required if
   the formula in § 1.1307(b)(3)(ii)(B) of this chapter is applied to
   determine the exemption ratio and the result is greater than 1.

   (3) Unless otherwise specified in this chapter, any other single
   portable or multiple mobile and portable RF source(s) associated with a
   device is exempt from routine environmental evaluation for RF exposure
   prior to equipment authorization or use, except as specified in
   § 1.1307(c) and (d) of this chapter.

   (d)(1) Applications for equipment authorization of portable RF sources
   subject to routine environmental evaluation must contain a statement
   confirming compliance with the limits specified in § 1.1310 of this
   chapter as part of their application. Technical information showing the
   basis for this statement must be submitted to the Commission upon
   request. The SAR limits specified in § 1.1310(a) through (c) of this
   chapter shall be used for evaluation of portable devices transmitting
   in the frequency range from 100 kHz to 6 GHz. Portable devices that
   transmit at frequencies above 6 GHz shall be evaluated in terms of the
   MPE limits specified in Table 1 to § 1.1310(e)(1) of this chapter. A
   minimum separation distance applicable to the operating configurations
   and exposure conditions of the device shall be used for the evaluation.
   In general, maximum time-averaged power levels must be used for
   evaluation. All unlicensed personal communications service (PCS)
   devices and unlicensed NII devices shall be subject to the limits for
   general population/uncontrolled exposure.

   (2) Evaluation of compliance with the 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
   numerical method as implemented in the computational software has been
   fully validated; in addition, the equipment under test and exposure
   conditions must be modeled according to protocols established by
   FCC-accepted numerical computation standards or available FCC
   procedures for the specific computational method. 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 RF emissions, and
   is not binding on the Commission or any interested party.

   (3) For purposes of analyzing portable RF sources under the
   occupational/controlled SAR criteria specified in § 1.1310 of this
   chapter, time averaging provisions of the limits may be used in
   conjunction with the maximum duty factor to determine maximum
   time-averaged exposure levels under normal operating conditions.

   (4) The time averaging provisions for occupational/controlled SAR
   criteria, based on maximum duty factor, may not be used in determining
   typical exposure levels for portable devices intended for use by
   consumers, such as cellular telephones, that are considered to operate
   in general population/uncontrolled environments as defined in § 1.1310
   of this chapter. However, “source-based” time averaging based on an
   inherent property of the RF source is allowed over a time period not to
   exceed 30 minutes. 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.

   (5) Visual advisories (such as labeling, embossing, or on an equivalent
   electronic display) 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. Such visual
   advisories shall be legible and clearly visible to the user from the
   exterior of the device. 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. Such instructional material must provide users with
   information on how to use the device and to ensure users are fully
   aware of and able to exercise control over their exposure to satisfy
   compliance with the occupational/controlled exposure limits. 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 mitigating and limiting RF exposure should
   also be submitted. 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.

   (6) General population/uncontrolled exposure limits defined in § 1.1310
   of this chapter apply to portable devices intended for use by consumers
   or persons who are exposed as a consequence of their employment and may
   not be fully aware of the potential for exposure or cannot exercise
   control over their exposure. No communication with the consumer
   including either visual advisories or manual instructions will be
   considered sufficient to allow consumer portable devices to be
   evaluated subject to limits for occupational/controlled exposure
   specified in § 1.1310 of this chapter.

   [ 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 18147 , Apr. 1, 2020;  85 FR 38739 , June 26, 2020]

   

Subpart K—Importation of Devices Capable of Causing Harmful Interference