Sec.  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  Sec. 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 Implant Communications Service (MICS), 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,  Sec.  Sec. 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
    Sec.  Sec. 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  Sec. 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  Sec. 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  Sec. 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]

Subpart K—Importation of Devices Capable of Causing Harmful Interference