Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 24 and 97

[ET Docket No. 93-62; FCC 96-326]

Guidelines for Evaluating the Environmental Effects of

Radiofrequency Radiation

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Report and Order (``R&O'') amends the Commission's Rules

to adopt new guidelines and methods for evaluating the environmental

effects of radiofrequency (RF) radiation from FCC-regulated

transmitters, in accordance with The National Environmental Policy Act

(NEPA) of 1969. NEPA requires agencies of the Federal Government to

evaluate the effects of their actions on the quality of the human

environment. To meet the Commission's responsibilities under NEPA, the

Commission has adopted revised RF exposure guidelines for purposes of

evaluating potential environmental effects of RF radiation. The new

guidelines reflect more recent scientific studies of the biological

effects of RF radiation. Use of the new guidelines will ensure that the

public and workers receive adequate protection from exposure to

potentially harmful RF field.

EFFECTIVE DATE: August 6, 1996.

FOR FURTHER INFORMATION CONTACT: FCC RF Safety Program, (202) 418-2422,

Office of Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report

and Order in ET Docket No. 93-62, FCC 96-326, adopted August 1, 1996

and released August 1, 1996. The complete text of this Report and Order

is available for inspection and copying during normal business hours in

the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington,

D.C., and also may be purchased from the Commission's copy contractor,

International Transcription Services, Inc., (202) 857-3800, 2100 M

Street, NW, Suite 140, Washington, DC 20037.

Summary of the Report and Order

1. By this action, we are amending the Commission's Rules to adopt

new guidelines and methods for evaluating the environmental effects of

radiofrequency (RF) radiation from FCC-regulated transmitters. We are

adopting Maximum Permissible Exposure (MPE) limits for electric and

magnetic field strength and power density for transmitters operating at

frequencies from 300 kHz to 100 GHz. Specifically, we are adopting

limits for field strength and power density that are generally based on

Sections 17.4.1 and 17.4.2 and the time-averaging provisions

recommended in Sections 17.4.1.1 and 17.4.3 of ``Biological Effects and

Exposure Criteria for Radiofrequency Electromagnetic Fields,'' NCRP

Report No. 86 (1986), National Council on Radiation Protection and

Measurements (NCRP). With the exception of the limits on exposure to

power density above

[[Page 41007]]

1500 MHz and the limits for exposure to lower frequency magnetic

fields, these MPE limits are also generally based on the guidelines

contained in the RF safety standard developed by the Institute of

Electrical and Electronic Engineers, Inc. (IEEE) and adopted by the

American National Standards Institute (ANSI). See Section 4.1 of ANSI/

IEEE C95.1-1992, ``Safety Levels with Respect to Human Exposure to

Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz''. We are also

adopting limits for localized (``partial body'') absorption that will

apply to certain portable transmitting devices. These guidelines are

based on those recommended by ANSI/IEEE and NCRP. See Sections 4.2.1

and 4.2.2 of ANSI/IEEE C95.1-1992 and Section 17.4.5 of NCRP Report No.

86. We believe that the guidelines we are adopting will protect the

public and workers from exposure to potentially harmful RF fields.

2. In reaching our decision on the adoption of new RF exposure

guidelines we have carefully considered the large number of comments

submitted in this proceeding, and particularly those submitted by the

U. S. Environmental Protection Agency (EPA), the Food and Drug

Administration (FDA) and other federal health and safety agencies. The

new guidelines we are adopting are based primarily on the

recommendations of those agencies, and we believe that these guidelines

represent a consensus view of the federal agencies responsible for

matters relating to the public safety and health.

3. The MPE limits adopted herein are based on exposure criteria

quantified in terms of specific absorption rate (SAR), a measure of the

rate of RF energy absorption. The basis for these limits, as well as

the basis for the 1982 ANSI limits that the Commission previously

specified in our rules, is an SAR limit of 4 watts per kilogram. The

new MPE limits are derived by incorporating safety factors that lead,

in some cases, to limits that are more conservative than the limits

specified by ANSI in 1982. The more conservative limits do not arise

from a fundamental change in the RF safety criteria for SAR, but from a

precautionary desire for more rigor in the derivation of factors which

allow limits for MPE to be derived from SAR limits.

4. This action satisfies the requirements of the Telecommunications

Act of 1996 for a timely resolution of this proceeding. We note that

research and analysis relating to RF safety and health is ongoing, and

changes in recommended exposure limits are possible in the future. In

that regard, we intend to continue our cooperative work with industry

and with the various agencies and organizations with responsibilities

in this area in order to ensure that our guidelines continue to be

appropriate and scientifically valid.

5. Accordingly, it is ordered that Parts 1, 2, 15, 24 and 97 of the

Commission's Rules and Regulations are amended as specified below,

effective August 6, 1996. Section 704(b) of the Telecommunications Act

of 1996 requires that the Commission complete action in this

proceeding, and prescribe and make effective rules regarding the

environmental effects of RF emissions, by no later than August 6, 1996

(180 days after enactment)]. We find that good cause exists, pursuant

to 5 U.S.C. Sec. 553 (d)(3), to make these rules effective upon their

release rather than follow the normal practice of making them effective

30 days after publication in the Federal Register. Congress directed

the Commission to make these rules effective within 180 days. Sec. 704

of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56

(1996) states that ``[w]ithin 180 days after the enactment of this Act,

the Commission shall complete action in ET Docket 93-62 to prescribe

and make effective rules regarding the environmental effects of radio

frequency emissions.'' Unlike other sections of that Act, see, e.g.,

Secs. 251(d)(d)(1), which directs us to ``complete'' action, and Sec.

254(a)(2), which directs us to ``promulgate'' rules, Sec. 704 requires

that the RF exposure guidelines be made effective within the prescribed

180 day time period. Completion of this rule making has required an

extensive amount of work to resolve some extremely complex issues. In

addition, coordination with the various federal agencies pursuant to

the Interdepartmental Radio Advisory Committee has consumed more time

than anticipated. The time required to review the comments, decide on

the best possible guidelines based on the scientific evidence and,

comments and to coordinate that decision with the other agencies has

made it impossible to delay the effective date for 30 days and still

meet the Congressionally imposed deadline. Thus, we have no alternative

but to make these rules effective immediately. The authority for

issuance of this Report and Order is contained in Sections 4(i), 7(a),

303(c), 303(f), 303(g), 303(r), and 332(c)(7) of the Communications Act

of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f),

303(g), 303(r), and 332(c)(7) , unless otherwise noted.

Final Regulatory Flexibility Analysis

As required by Section 603 of the Regulatory Flexibility Act, 5

U.S.C. Sec. 603 (RFA), an Initial Regulatory Flexibility Analysis

(IRFA) was incorporated in the Notice.1 The Commission sought

written public comments on the proposals in the Notice, including on

the IRFA. The Commission's Final Regulatory Flexibility Analysis (FRFA)

in this Report and Order conforms to the RFA, as amended by the

Contract With America Advancement Act of 1996 (CWAAA), Pub. L. No. 104-

121, 110 Stat. 847 (1996).2

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\1\ See Notice of Proposed Rule Making, ET Docket No. 93-62, 8

FCC Rcd 2849 (1993), 58 FR 19393 (April 14, 1993).

\2\ Subtitle II of the CWAAA is ``The Small Business Regulatory

Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.

Sec. 601 et seq.

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I. Need for and Purpose of this Action:

The National Environmental Policy Act (NEPA) of 1969 requires

agencies of the Federal Government to evaluate the effects of their

actions on the quality of the human environment. To meet its

responsibilities under NEPA, the Commission has adopted revised RF

exposure guidelines for purposes of evaluating potential environmental

effects of RF radiation from FCC-regulated facilities. The new

guidelines reflect more recent scientific studies of the biological

effects of RF radiation. Use of these new guidelines will ensure that

the public and workers receive adequate protection from exposure to

potentially harmful RF field.

II. Summary of Issues Raised by the Public Comments in Response to the

Initial Regulatory Flexibility Analysis

No comments were filed in direct response to the IRFA. In general

comments on the Notice, however, some commenters raised issues that

might affect small entities. In particular, some commenters argued that

the cost of complying with the radio frequency (RF) limits could be

overly burdensome, and this could negatively impact small businesses.

They express concern that the cost of testing, with respect to devices

operating in close proximity to the body, is extremely expensive and

obtaining testing equipment could be difficult for small businesses.

For example, the National Association of Business and Educational

Radio, Inc. (NABER) encourages us to categorically exclude land mobile

transmitters, expressing concern that if categorical exclusions for

land mobile services are eliminated, manufacturers would have to

institute unnecessary and costly

[[Page 41008]]

testing.3 They also request that we limit the amount of paperwork

that is necessary for demonstrating compliance with the limits. In

particular, the Broadcast Joint Commenters suggest that additional

paperwork should not be required to establish compliance with the new

policies because it would be needlessly burdensome to the broadcasters

and to the Mass Media Bureau.4 As discussed in Section V of this

FRFA, we have attempted to address these concerns.

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\3\ NABER Comments at 5-6.

\4\ Broadcast Joint Commenters Reply Comments at 39-40.

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III. Description and estimate of the Small Entities Subject to the

Rules:

The rules in this Report and Order will apply to the following

twelve industry categories and services. The RFA generally defines the

term ``small business'' as having the same meaning as the term ``small

business concern'' under the Small Business Act, 15 U.S.C. Sec. 632.

Based on that statutory provision, we will consider a small business

concern one which (1) is independently owned and operated; (2) is not

dominant in its field of operation; and (3) satisfies any additional

criteria established by the Small Business Administration (SBA). The

RFA SBREFA provisions also apply to nonprofit organizations and to

governmental organizations. Since the Regulatory Flexibility Act

amendments were not in effect until the record in this proceeding was

closed, the Commission was unable to request information regarding the

number of small business within each of these services or the number of

small business that would be affected by this action. We have, however,

made estimates based on our knowledge about applications that have been

submitted in the past. To the extent that a government entity may be a

licensee or an applicant, the impact on those entities is included in

the estimates for small businesses below.

As discussed below, under the rules we are adopting many radio

services are categorically excluded from having to determine compliance

with the new RF radiation limits that are being adopted. This exclusion

is based on a determination that there is little potential for these

services causing exposures in excess of the limits. Within the services

below, many transmitting facilities are also categorically excluded

based on antenna location and power. These categorical exclusions

significantly reduce the burden associated with these rules, and may

reduce the impact of these rules on small businesses.

A. Radiofrequency Devices

The radiofrequency devices affected by this rulemaking are low

power, unlicensed transmitters that will be used to provide, on

millimeter wave frequencies, a variety of services, including vehicle

collision avoidance and high data rate/short range wireless data

communications. Unlicensed personal communications service (PCS)

transmitters are also radiofrequency devices. Radiofrequency devices

are subject to compliance with the new RF radiation requirements at the

time of equipment authorization. Therefore, it will be the equipment

manufacturers and importers who will be affected by this action.

We expect most of the firms that would be interested in producing

millimeter wave and unlicensed PCS devices will be large businesses. We

note that Ford Motor and Hewlett Packard have expressed interest in

millimeter wave devices and filed comments in this proceeding. In

addition, Motorola and Ericsson Corporate, both large equipment

manufacturers, have expressed interest in manufacturing unlicensed PCS

devices. Nevertheless, it is conceivable that small businesses will

also want to manufacture these devices.

The Commission has not developed a definition of small entities

applicable to radiofrequency devices. Therefore, the applicable

definition of small entity is the definition under the SBA applicable

to the ``Communications Services, Not Elsewhere'' category. A small

millimeter wave device or unlicensed PCS entity under this definition

is one with less than $11.0 million in annual receipts.5

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\5\ 13 CFR Sec. 121.201, Standard Industrial Classification

(SIC) Code 4899.

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The Commission has not yet authorized any millimeter wave devices,

and has authorized fewer than ten unlicensed PCS devices. Both these

services are new, so we really don't know how many applications for

equipment authorization we may receive, nor how many small

manufacturers may be interested in producing these products. Since the

Regulatory Flexibility Act amendments were not in effect until the

record in this proceeding was closed, the Commission was unable to

request information regarding the number of small businesses in this

category. The Census Bureau estimates indicate that of the 848 firms in

the ``Communications Services, Not Elsewhere'' category, 775 are small

businesses. Based on this information, as well as our past experience

in granting equipment authorization for other types of radiofrequency

devices, we estimate that 50 percent of the applications for millimeter

wave and unlicensed PCS devices will be from small businesses.

The Commission anticipates that approximately 30 applications will

be filed annually for devices that operate in the millimeter band and

unlicensed PCS spectrum. All of these applications will require an

initial determination of compliance with our new RF guidelines. Of

these devices, ten will require specific absorption rate (SAR) modeling

or measurement, which adds cost to the authorization process.

B. Cellular Radio Telephone Service

The Commission has not developed a definition of small entities

applicable to cellular licensees. Therefore, the applicable definition

of small entity is the definition under the Small Business

Administration (SBA) rules applicable to radiotelephone companies. This

definition provides that a small entity is a radiotelephone company

employing fewer than 1,500 persons.6 Since the Regulatory

Flexibility Act amendments were not in effect until the record in this

proceeding was closed, the Commission was unable to request information

regarding the number of small cellular businesses and is unable at this

time to make a precise estimate of the number of cellular firms which

are small businesses.

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\6\ 13 C.F.R. Sec. 121.201, Standard Industrial Classification

(SIC) Code 4812.

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The size data provided by the SBA does not enable us to make a

meaningful estimate of the number of cellular providers which are small

entities because it combines all radiotelephone companies with 500 or

more employees.7 We therefore used the 1992 Census of

Transportation, Communications, and Utilities, conducted by the Bureau

of the Census, which is the most recent information available. That

census shows that only 12 radiotelephone firms out of a total of 1,178

such firms which operated during 1992 had 1,000 or more

employees.8 Therefore, even if all 12 of these large firms were

cellular telephone

[[Page 41009]]

companies, all of the remainder were small businesses under the SBA's

definition. We assume that, for purposes of our evaluations and

conclusions in the Final Regulatory Flexibility Analysis, all of the

current cellular licensees are small entities, as that term is defined

by the SBA. Although there are 1,758 cellular licenses, we do not know

the number of cellular licensees, since a cellular licensee may own

several licenses.

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\7\ U.S. Small Business Administration 1992 Economic Census

Employment Report, Bureau of the Census, U.S. Department of

Commerce, SIC Code 4812 (radiotelephone communications industry data

adopted by the SBA Office of Advocacy).

\8\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992

Census of Transportation, Communications, and Utilities, UC92-S-1,

Subject Series, Establishment and Firm Size, Table 5, Employment

Size of Firms: 1992, SIC Code 4812 (issued May 1995).

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We assume that all of the current rural cellular licensees are

small businesses. Comments filed by small business associations, the

Organization for the Protection and Advancement of Small Telephone

Companies (OPASTCO), state that \2/3\ of its 440 members provide

cellular service,9 and comments filed by the Rural Cellular

Association (RCA) state that its members serve 80 cellular service

areas.10 We recognize that these numbers represent only part of

the current rural cellular licensees because there might be other rural

companies not represented by either association.

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\9\ OPASTCO Comments at 1-2 (filed January 9, 1995).

\10\ RCA Comments at 2 (filed January 9, 1995).

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The rules we are adopting generally require cellular stations to

make a determination, through calculation or measurement, as to whether

a transmitter facility will comply with the RF radiation exposure

limits. If the facility does not comply with the limits, then the

applicant (for a new license, a modification, or a renewal of an

existing license) must file an Environmental Assessment (EA) pursuant

to the National Environment Policy Act. The vast majority of applicants

will find their facilities in compliance with the limits, or take steps

such as controlling access around the transmitting facility, and will

only need to indicate on their application that they comply with the

limits. Many cellular transmission facilities are categorically

exempted from making a compliance determination based on power and/or

antenna height. The Commission processes roughly 700 applications for

cellular transmitters facilities, involving 7,000 site locations, per

year. Approximately 2,800 transmitting facilities will exceed

categorical exclusion criteria and will require a determination of

compliance with our new guidelines, based on calculations or

measurements.

Manufacturers of mobile and portable cellular transmitters will

have to make measurements, or in some cases calculations, as a

condition for equipment authorization. Many of these manufacturers are

likely to be the same as those that will manufacture unlicensed PCS

transmitters, as discussed in the radiofrequency device category above.

Based on the information presented for radiofrequency devices, as well

as our past experience in granting equipment authorization for other

types of radiofrequency devices, we estimate that 50 percent of the

applications for cellular telephones will be from small businesses. It

is estimated that 200 mobile and portable cellular transmitters will

require authorization per year.

C. Personal Communications Service

The broadband PCS spectrum is divided into six frequency blocks

designated A through F. Pursuant to 47 C.F.R. Sec. 24.720(b), the

Commission has defined ``small entity'' for Blocks C and F licensees as

firms that had average gross revenues of less than $40 million in the

three previous calendar years. This regulation defining `''small

entity'' in the context of broadband PCS auctions has been approved by

the SBA.11

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\11\ See Implementation of Section 309(j) of the Communications

Act--Competitive Bidding, PP Docket No. 93-253, Fifth Report and

Order, 9 FCC Rcd 5532, 5581-84 (1994), 59 FR 37566 (July 22, 1994).

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The Commission has auctioned broadband PCS licenses in Blocks A, B,

and C. We do not have sufficient data to determine how many small

businesses under the Commission's definition bid successfully for

licenses in Blocks A and B. As of now, there are 90 non-defaulting

winning bidders that qualify as small entities in the Block C auction.

Based on this information, we conclude that the number of broadband PCS

licensees affected by the rule adopted in this Report and Order

includes the 90 non-defaulting winning bidders that qualify as small

entities in the Block C broadband PCS auction.

At present, no licenses have been awarded for Blocks D, E, and F

for spectrum. Therefore, there are no small businesses currently

providing these services. However, a total of 1,479 licenses will be

awarded in the D, E, and F Block broadband PCS auctions, which are

scheduled to begin on August 26, 1996. Eligibility for the 493 F Block

licensees is limited to ``entrepreneurs'' with the average gross

revenues of less than $125 million. However, we cannot estimate how

many small businesses under the Commission's definition will win F

Block licenses, or D and E Block licenses. Given the facts that nearly

all radiotelephone companies have fewer than 1,000 employees and that

no reliable estimate of the number of prospective D, E, and F Block

licensees can be made, we assume, for purposes of our evaluations and

conclusions in this FRFA, that all of the licenses will be awarded to

small entities, as that term is defined by the SBA.

After all PCS licenses have been issued, the Commission expects to

receive approximately 1,000 applications per year involving 10,000

sites. We anticipate that 3000 sites will not meet the categorical

exclusion criteria and will involve a determination of compliance with

the RF exposure guidelines.

As in the case of cellular telephones, mobile and portable PCS

transmitters will have to undergo measurement or modeling to determine

compliance with the RF radiation limits as a condition of equipment

authorization. Again, we estimate that 50% of the manufacturers will be

small businesses. Although we have authorized fewer than ten PCS

transmitters, it is estimated that eventually 50 of such devices will

be authorized each year.

D. Private Land Mobile Radio Services, Specialized Mobile Radio

Pursuant to 47 C.F.R. Sec. 90.814(b)(1), the Commission has defined

``small entity'' for geographic area 800 MHz and 900 MHz SMR licenses

as firms that had average gross revenues of less than $15 million in

the three previous calendar years. This regulation defining ``small

entity'' in the context of 800 MHz and 900 MHz SMR has been approved by

the SBA.12

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\12\ See Amendment of Parts 2 and 90 of the Commission's Rules

to Provide for the Use of 200 Channels Outside the Designated Filing

Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the

Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Order on

Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, 2693-

702 (1995), 60 FR 48913 September 21, 1995 Amendment of Part 90 of

the Commission's Rules to Facilitate Future Development of SMR

Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, First

Report and Order, Eighth Report and Order, and Second Further Notice

of Proposed Rulemaking, 11 FCC Rcd 1463 (1995), 61 FR 6212, February

16, 1996.

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The rule adopted in this Report and Order applies to SMR providers

in the 800 MHz and 900 MHz bands that either hold geographic area

licenses or have obtained extended implementation authorizations. We do

not know how many firms provide 800 MHz or 900 MHz geographic area SMR

service pursuant to extended implementation authorizations, nor how

many of these providers have annual revenues of less than $15 million.

Since the Regulatory Flexibility Act amendments were not in effect

until the record in this proceeding was closed, the Commission was

unable

[[Page 41010]]

to request information regarding the number of small businesses in this

category. We do know that one of these firms has over $15 million in

revenues. We assume, for purposes of our evaluations and conclusions in

this FRFA, that the remaining existing extended implementation

authorizations may be held by small entities, as that term is defined

by the SBA.

The Commission recently held auctions for geographic area licenses

in the 900 MHz SMR band. There were 60 winning bidders who qualified as

small entities under the Commission's definition in the 900 MHz

auction. Based on this information, we conclude that the number of

geographic area SMR licensees affected by the rule adopted in this

Report and Order includes these 60 small entities.

No auctions have been held for 800 MHz geographic area SMR

licenses. Therefore, no small entities currently hold these licenses. A

total of 525 licenses will be awarded for the upper 200 channels in the

800 MHz geographic area SMR auction. However, the Commission has not

yet determined how many licenses will be awarded for the lower 230

channels in the 800 MHz geographic area SMR auction. There is no basis

to estimate, moreover, how many small entities within the SBA's

definition will win these licenses. Given the facts that nearly all

radiotelephone companies have fewer than 1,000 employees and that no

reliable estimate of the number of prospective 800 MHz licensees can be

made, we assume, for purposes of our evaluations and conclusions in

this FRFA, that all of the licenses will be awarded to small entities,

as that term is defined by the SBA.

The Commission receives about 3,000 applications for covered SMR

transmitters facilities per year. Approximately 1,000 transmitters will

exceed categorical exclusion criteria and will require a determination

of compliance. In addition, as in the case of cellular telephones and

PCS, mobile and portable covered SMR transmitters will have to undergo

measurement or modeling to determine compliance with MPE and/or SAR

requirements. It is estimated that 200 of such devices will require

authorization per year.

E. Satellite Communications Services

The Commission has not developed a definition of small entities

applicable to satellite communications licensees. Therefore, the

applicable definition of small entity is the definition under the Small

Business Administration (SBA) rules applicable to radiotelephone

companies. This definition provides that a small entity is a

radiotelephone company employing fewer than 1,500 persons.

Satellite systems authorized by the Commission can be divided into

the following categories: mobile satellite service (MSS) non-

geostationary satellite orbit (NGSO) (low or medium orbit satellites);

mobile satellite service geostationary; mobile satellite service ship

stations; and fixed satellite service.

In the MSS NGSO category the commission has divided its spectrum

allocation into small and large NGSO. In the small NGSO or small low

Earth-orbit (LEO) satellite service there are three existing and three

pending or further licensees, all of which may be considered small

business entities in the context of this analysis. These licensees are

authorized in the VHF/UHF bands.

In the large LEO MSS category of MSS NGSO there are three existing

licensees and three pending or future licensees in the 1.6/2.5 GHz

band. The three existing are probably not small business entities and

the three pending are probably small business entities. In the category

of geostationary MSS the Commission has licensed one consortium, in the

1.5/1.6 GHz band, that comprises many small business entities.

The fixed satellite service (FSS) has generally been authorized in

the 4/6 and 11/12 GHz band. There are three FSS licensees, that serve

domestic US markets, none of which are small business entities. There

are also two licensees serving international markets with FSS

authorizations and these entities may be considered small business

entities.

It should be noted that in most of the satellite areas discussed

above the Commission issues one license to an entity but generally

issues blanket license authority for thousands or even hundreds of

thousands of earth stations or hand held transceivers. In this analysis

we have considered satellite companies that have less than 1500

employees to be small business entities. Therefore, we are concluding

that small business entities are largely affected by this proceeding in

the satellite area.

The Commission receives about 600 applications for satellite

facilities per year. All applicants must make a determination of

compliance with the limits, based on calculations or measurements.

F. Radio Broadcast Service

The SBA has defined small radio broadcast service entities based on

their ``annual receipts'' specifically in 13 CFR Sec. 104, and its

calculations include an averaging process. We do not currently require

submission of financial data from licensees that we could use to apply

the SBA's definition of a small business. Thus, for purposes of

estimating the number of small entities to which the rules apply, we

are limited to considering the revenue data that are publicly

available, and the revenue data on which we rely may not correspond

completely with the SBA definition of annual receipts.

Under SBA criteria for determining annual receipts, if a concern

has acquired an affiliate or been acquired as an affiliate during the

applicable averaging period for determining annual receipts, the annual

receipts in determining size status include the receipts of both firms.

13 CFR. Sec. 121.104(d)(1). The SBA defines affiliation in 13 CFR.

Sec. 121.103. While the Commission refers to an affiliate generally as

a station affiliated with a network, the SBA's definition of affiliate

is analogous to our attribution rules. Generally, under the SBA's

definition, concerns are affiliates of each other when one concern

controls or has the power to control the other, or a third party or

parties controls or has the power to control both. 13 CFR.

Sec. 121.103(a)(1). The SBA considers factors such as ownership,

management, previous relationships with or ties to another concern, and

contractual relationships, in determining whether affiliation exists.

13 CFR. Sec. 121.103(a)(2). Instead of making an independent

determination of whether radio and television stations were affiliated

based on SBA's definitions, we relied on the data bases available to us

to afford us that information.

We have performed a study based on the data contained in the BIA

Publications, Inc. Master Access Television Analyzer Database, which

lists a total of 1,141 full-power commercial television stations. Low

Power Television (LPTV) Stations and translator stations are discussed

in paragraph H below. It should be noted that the percentage figures

derived from the data base may be underinclusive because the data base

does not list revenue estimates for noncommercial educational stations,

and these are therefore excluded from our calculations based on the

data base. Non-commercial stations are subject to the requirements

adopted in the Report and Order. The data indicate that, based on 1995

revenue estimates, 440 full-power commercial television stations had an

estimated revenue of 10.5 million dollars or less. That represents 54

percent of commercial television stations with revenue estimates listed

in the BIA program. The data base does not

[[Page 41011]]

list estimated revenues for 331 stations. Using an extreme scenario, if

those 331 stations for which no revenue is listed are counted as small

stations, there would be a total of 771 stations with an estimated

revenue of 10.5 million dollars or less, representing approximately 68

percent of the 1,141 commercial television stations listed in the BIA

data base.

Alternatively, if we look at owners of commercial television

stations as listed in the BIA data base, there are a total of 488

owners. The data base lists estimated revenues for 60 percent of these

owners, or 295. Of these 295 owners, 156 or 53 percent had annual

revenues of less than $10.5 million. Using an extreme scenario, if the

193 owners for which revenue is not listed are assumed to be small, the

total of small entities would constitute 72 percent of owners.

In summary, based on the foregoing extreme analysis using census

data, we estimate that our rules will apply to as many as 1,150

commercial and non-commercial television stations (78 percent of all

stations) that could be classified as small entities. Using the extreme

analysis based on the data in the BIA data base, we estimate that as

many as approximately 771 commercial television stations (about 68

percent of all commercial televisions stations) could be classified as

small entities. As we noted above, these estimates are based on a

definition that we believe greatly overstates the number of television

broadcasters that are small businesses. Further, it should be noted

that under the SBA's definitions, revenues of affiliates that are not

television stations should be aggregated with the television station

revenues in determining whether a concern is small. The estimates

overstate the number of small entities since the revenue figures on

which they are based do not include or aggregate such revenues from

non-television affiliated companies.

In addition, according to the SBA's regulations, a radio

broadcasting station must have annual gross receipts of $5.0 million or

less in order to qualify as a small business concern.\13\ There are

approximately 10,250 commercial radio broadcasting stations and 1,810

noncommercial radio broadcast stations of all sizes in the nation, with

approximately 5,200 different commercial licensees. For the same

reasons as above, the exact number of small radio broadcasting entities

to which the elimination of the rule will apply is unknown. Based on

1996 revenue estimates, the BIA Publications, Inc. Master Access

Analyzer Database indicates that 3,314 commercial radio stations had an

estimated revenue of $5.0 million or less. That represents

approximately 32 percent of commercial radio stations with revenue

estimates listed in the BIA program. The data base does not list

estimated revenue for 6,571 stations. Using the most extreme scenario,

if those 6,571 stations for which no revenue estimates is listed are

counted as small stations, there would be a total of 9,885 stations

with an estimated revenue of $5.0 or less, representing approximately

96 percent of the 10,257 commercial radio stations listed in the BIA

data base.

---------------------------------------------------------------------------

\13\ 13 CFR. Sec. 121.201.

---------------------------------------------------------------------------

Alternatively, if we look at owners of commercial radio stations as

listed in the BIA data base, there are a total of 5,207 owners. The

data base lists estimated revenues for 29 percent of these owners, or

1,532. Of these 1,532 owners, 1,344 or 88 percent had annual revenue of

less than $5.0 million. Using the most extreme scenario, if the 3,675

owners for which revenue estimates are not listed are assumed to be

small businesses, then the total of small entities would constitute 96

percent of commercial radio station owners. Further, many noncommercial

radio broadcasters are considered to be small entities. Thus, a large

number of licensees of radio broadcast facilities of several types

(commercial AM, commercial FM, and noncommercial FM stations) could

benefit from the rule amendment herein adopted.

The Commission receives about 1,800 applications for broadcast

facilities per year. All applicants must make a determination of

compliance with the limits, either by calculation or measurement.

G. Stations in the Maritime Services

This item would require licensees and applicants for ship satellite

earth terminals to make a determination of compliance with the new RF

radiation requirements. The Commission has not developed a definition

of small entities applicable to ship satellite earth station licensees.

Therefore, the applicable definition of small entity is the definition

under the Small Business Administration (SBA) rules applicable to

radiotelephone companies. This definition provides that a small entity

is a radiotelephone company employing fewer than 1,500 persons.

Ship MSS is similar to geostationary MSS, as discussed above,

except that earth stations are aboard maritime vessels rather than

traditional earth stations in the MSS. In the area of ship MSS the

Commission has two pending licensees for operation of the satellite

service, one of which can be considered small business.

The Commission receives about 272 applications for ship earth

stations per year. All applicants must make a determination of

compliance with the new RF radiation limits.

H. Experimental, Auxiliary, and Special Broadcast and Other Program

Distribution Services

This service involves a variety of transmitters, generally used to

relay broadcast programming to the public (through translator and

booster stations) or within the program distribution chain (from a

remote news gathering unit back to the station). It also includes

Instructional Television Fixed Service stations, which are used to

relay programming to the home or office, similar to that provided by

cable television systems. The Commission has not developed a definition

of small entities applicable to broadcast auxiliary licensees.

Therefore, the applicable definition of small entity is the definition

under the Small Business Administration (SBA) rules applicable to

radiotelephone companies. This definition provides that a small entity

is a radiotelephone company employing fewer than 1,500 persons.

There are currently 2,637 FM translators and boosters, 4,910 TV

translators, and 1,903 Low Power TV stations which will be affected by

the new requirements.\14\ There are also 2,032 ITFS licensees. The FCC

does not collect financial information on any broadcast facility and

the Department of Commerce does not collect financial information on

these auxiliary broadcast facilities. We believe, however, that most,

if not all, of these auxiliary facilities, including Low Power TV

stations, could be classified as small businesses by themselves. We

also recognize that most translators and boosters are owned by a parent

station which, in some cases, would be covered by the revenue

definition of small business entity discussed above. These stations

would likely have annual revenues that exceed the SBA maximum to be

designated as a small business (either $5 million for a radio station

or $10.5 million for a TV station). As we indicated earlier, 96% of

radio stations and 78% of TV stations are designated as small.

---------------------------------------------------------------------------

\14\ FCC news release, Broadcast Station Totals as of June 30,

1996, released July 10, 1996.

---------------------------------------------------------------------------

The approximate number of annual applications processed by the

Commission for this service is 1,032. All of these applications would

be required to have a determination made regarding

[[Page 41012]]

compliance with the new RF radiation limits.

I. Multipoint Distribution Service (MDS)

This service involves a variety of transmitters, which are used to

relay programming to the home or office, similar to that provided by

cable television systems. The Commission has not developed a definition

of small entities applicable to MDS licensees. Therefore, the

applicable definition of small entity is the definition under the Small

Business Administration (SBA) rules applicable to radiotelephone

companies. This definition provides that a small entity is a

radiotelephone company employing fewer than 1,500 persons. There are

1,800 MDS stations currently licensed and 500 applications for

additional channels.

The approximate number of annual applications processed by the

Commission for MDS is 900. It is estimated that of the 900 processed,

only 113 will not meet the categorical exclusion criteria and have to

make a determination of compliance with the RF radiation limits.

J. Paging and Radiotelephone Service, and Private Land Mobile Radio

Services, Paging Operations

Since the Commission has not yet approved a definition for paging

services, we will utilize the SBA's definition applicable to

radiotelephone companies, i.e., an entity employing less than 1,500

persons.

The Commission anticipates that a total of 15,531 non-nationwide

geographic area licenses will be granted or auctioned. The geographic

area licenses will consist of 3,050 MTA licenses and 12,481 EA

licenses. In addition to the 47 Rand McNally MTAs, the Commission is

licensing Alaska as a separate MTA and adding three MTAs for the U.S.

territories, for a total of 51 MTAs. No auctions of paging licenses has

been held yet, and there is no basis to determine the number of

licenses that will be awarded to small entities. Given the fact that

nearly all radiotelephone companies have fewer than 1,000 employees,

and that no reliable estimate of the number of prospective paging

licensees can be made, we assume, for purposes of this FRFA, that all

the 15,531 geographic area paging licenses will be awarded to small

entities, as that term is defined by the Small Business Administration

(SBA).

We estimate that the approximately 600 current paging carriers

could take the opportunity to partition and or/ disaggregate a license

to obtain an additional license through partitioning or disaggregation.

We estimate that up to 48,393 licensees or potential licensees could

take the opportunity to partition and/or disaggregate a license or

obtain a license through partitioning or disaggregation. This number is

based on the total estimate of paging carriers (approximately 600) and

non-nationwide geographic area licenses to be awarded (15,531) and our

estimate that each license will probably not be partitioned and/or

disaggrageted to no more than three parties. Given the fact that nearly

all radiotelephone companies have fewer than 1,000 employees, and that

no reliable estimate of the number of future paging licensees can be

made, we assume for purposes of this FRFA that all of the licensees

will be awarded to small businesses. We believe that it is possible

that a significant number of up to approximately 48,393 licensees or

potential licensees who could take the opportunity to partition and/or

disaggregate a license or who could obtain a license through

partitioning and/or disaggregation will be a small business.

The Commission receives about 10,000 applications for paging

facilities per year. Approximately 1,176 transmitters will exceed

categorical exclusion criteria and will require a determination of

compliance with the new guidelines, either by measurement or

calculation.

K. Experimental Radio Service

The Commission has not developed a definition of small entities

applicable to experimental licensees. Therefore, the applicable

definition of small entity is the definition under the Small Business

Administration (SBA) rules applicable to radiotelephone companies. This

definition provides that a small entity is a radiotelephone company

employing fewer than 1,500 persons.15 Since the Regulatory

Flexibility Act amendments were not in effect until the record in this

proceeding was closed, the Commission was unable to request information

regarding the number of small experimental radio businesses and is

unable at this time to make a precise estimate of the number of

Experimental Radio Services which are small businesses.

---------------------------------------------------------------------------

\15\ 13 C.F.R. Sec. 121.201, Standard Industrial Classification

(SIC) Code 4812.

---------------------------------------------------------------------------

The majority of experimental licenses are issued to companies such

as Motorola and Department of Defense contractors such as Northrop,

Lockheed and Martin Marietta. Businesses such as these may have as many

as 200 licenses at one time. The majority of these applications, 70

percent, are from entities such as these. Given this fact, the

remaining 30 percent of applications, we assume, for purposes of our

evaluations and conclusions in this FRFA, will be awarded to small

entities, as that term is defined by the SBA.

The Commission processes approximately 1,000 applications a year

for experimental radio operations. About half or 500 of these are

renewals and the other half are for new licenses. Approximately 500 of

these applications will be required to make an initial determination of

compliance with our new RF guidelines.

IV. Summary of Projected Reporting, Recordkeeping and Other Compliance

Requirements:

Applicants that are subject to the new RF radiation guidelines

(i.e., not categorically excluded), are required to make a statement on

any application filed with the Commission indicating that they comply

with the RF radiation limits. Technical information supporting that

statement must be retained by the applicant, and provided to the

Commission upon request. In some cases, the applicant will be able to

determine compliance by making calculations or reading applicable

literature, including OST Bulletin No. 65. In other cases, detailed

measurements of the transmitting facility may be necessary. In

addition, steps to control access to the facility, such as warning

signs or fences, may be required. Manufacturers of radio transmitting

equipment will, as indicated above, need to make MPE and/or SAR

measurements that will need to form part of the manufacturer's records

for equipment authorization.

Reporting

Reporting requirements are limited to certain classes of applicants

and licensees for which the potential for human exposure to RF

emissions is the greatest. Most applicants and licensees are

categorically excluded from routinely evaluating their facilities,

operations or transmitters for compliance with the new RF exposure

guidelines. The National Environmental Policy Act (NEPA), upon which

our rules are based, allows ``categorical exclusion'' of large classes

of actions that generally do not provide an opportunity for causing

significant environmental impact, such as would result from human

exposure to RF emissions in excess of the guidelines. In this case, the

``actions'' excluded are the granting of Commission applications and

authorizations. Therefore, we are categorically excluding many

applications submitted to the

[[Page 41013]]

Commission from routine evaluation for compliance with the RF

guidelines. This exclusion significantly limits burden on our

regulatees, including many small businesses. The category exclusions

apply to all radio services except those listed in section IV above and

the radio amateur service. This means, for example, that all land

mobile and public safety two-way systems are categorically excluded.

Applicants in services that are not categorically excluded may also

be categorically excluded from determining compliance based on antenna

location or station power. Applicants who are not categorically

excluded are required to make a statement on certain application forms

filed with the Commission indicating whether they comply with our

environmental rules. This action by a licensee or applicant is the

primary reporting requirement. In addition, supporting information

(such as measurement data, site drawings, and calculations) may be

requested, in certain cases, to justify the statement made on a

Commission form.

Recordkeeping

The Commission has no specific recordkeeping requirements related

to compliance with the RF exposure guidelines. This has not changed

from the rules previously in place regarding compliance with RF

exposure guidelines. The Commission does reserve the right to request

information supporting the answer an applicant gives on a form. Such

information would normally be technical in nature and could involve a

report of calculations performed or measurements made to determine

compliance. Therefore, many applicants and licensees may keep

information related to their compliance on file in some form for their

own records. The Commission provides applicants with guidance on

performing calculations or measurements through its OST Bulletin No.

65, which is being updated to reflect the new guidelines. In many

cases, an applicant or licensee can easily use this bulletin to

determine compliance through the use of charts, figures and tables.

This largely eliminates the need for keeping a detailed analytic report

in many cases. Manufacturers of equipment who are required to evaluate

portable or mobile devices would likely have to perform more detailed

analysis and keep on file a specific technical report for review by the

Commission if requested. Also, in a few cases involving multiple

transmitters at large antenna farms detailed measurement studies may be

necessary. Reports of such studies would be retained by an applicant to

provide evidence of compliance if required.

Other Compliance Requirements

As was true for the previous rules, there are no specific

compliance requirements, as such. Under the Commission's NEPA rules,

applicants and licensees are required to submit an Environmental

Assessment (EA) if they do not comply with our RF exposure guidelines

(47 CFR Sec. 1.1311). An EA is a detailed accounting of the

consequences created by a specific action that may have a significant

environmental impact, in this case a Commission authorization of a

transmitter or facility that exceeds the RF guidelines. An EA would be

evaluated by the Commission to determine whether the authorization

should be granted in view of the environmental impact. In reality, this

leads to a de facto compliance requirement, since most applicants and

licensees who are not categorically excluded (see above) undertake

measures to ensure compliance before submitting an application in order

to avoid the preparation of a costly and time-consuming EA. For this

reason EAs are rarely filed with the Commission. This has not changed

from the existing rules. As for determining compliance, as mentioned

above, the Commission provides applicants with specific guidance in the

form of a technical bulletin. This bulletin is designed to minimize the

effort and burden required by an applicant to determine compliance with

the guidelines prior to submitting an application. Many options are

available for ensuring compliance, including restricting access to an

area where high RF levels exist, using warning signs or fences to

provide notice of potential RF exposure, use or protective shielding or

warning devices, reduction of power when people are in high RF areas

and, in the case of portable and mobile devices, designing devices to

minimize RF absorption in the body of the user.

Skills Needed to Meet Requirements

If a station is not categorically excluded, then the licensee or

applicant must make a determination of whether the station will comply

with the RF radiation limits. This study can be done by calculation or

measurement, depending upon the situation. The calculations can be done

in many cases by a radio technician or engineer familiar with radio

propagation. If measurements are necessary, then a radio technician or

engineer will also be required.

The applicant must indicate on its application that it meets the

NEPA requirements and, therefore, does not exceed the RF radiation

limits. This is usually done by checking a box on a form, which can be

done by a clerical person.

V. Steps Taken to Minimize the Economic Impact on Small Entities

The Commission has made every effort to devise ways to minimize the

impact of the new RF limits on small entities, while protecting the

health and safety of the public. However, we have incorporated

sufficient flexibility in the procedures to make compliance as

minimally burdensome as possible. We have taken the following steps to

ease the impact on small businesses.

1. The Commission has created a categorical exclusion that requires

only those transmitters that appear to have the highest potential to

create a significant environmental effect to perform an environmental

evaluation.

2. The Commission will revise OST Bulletin No. 65 to provide

guidance for determining compliance with FCC-specified RF limits. This

should be of particular assistance to small businesses since it will

provide straightforward information that should allow a quick

understanding of the requirements and a quick assessment of the

potential for compliance problems without the need for an expensive

consultant or measurement.

3. The Commission allows various methods for ensuring compliance

with RF limits such as fencing, warning signs, labels, and markings,

locked doors in roof-top areas, and the use of personal monitors and RF

protective clothing in an occupational environment.

4. The Commission has rejected its initial proposal to adopt

induced and contact currents limits due to the lack of reliable

equipment available.

5. The Commission has specified a variety of acceptable testing

methods and procedures that may be used to determine compliance. This

will allow each small business to choose a procedure that best meets

its needs in the manner that is least burdensome to it.

6. The Commission has always allowed multiple transmitter sites,

i.e., antenna farms, to pool their resources and have only one study

done for the entire site. This is very common at sites that have

multiple entities such as TV, FM, paging, cellular, etc. In most

circumstances, rather than each licensee hiring a separate consultant

and submitting a study showing their compliance with the guidelines,

one

[[Page 41014]]

consulting radio technician or radio engineer can be hired by the group

of licensees. The consultant surveys the entire site for compliance and

gives his recommendations and findings to each of the licensees at the

site. The licensees can then use the findings to show their compliance

with the guidelines. In this way the cost of compliance is minimized as

no one licensee has to pay the entire consulting fee, rather just a

portion of it.

The Commission has determined cost of performing an environmental

evaluation is minimal for 87 percent of the businesses required to

determine compliance. In normal situations, an environmental evaluation

can be performed within 1 hour or less with the use of the revised OST

Bulletin No. 65, ``Evaluating Compliance With FCC-Specified Guidelines

for Human Exposure to Radio Frequency Radiation.'' In situations

involving devices intended to be used in close proximity to the body,

only PCS, cellular, and SMR portable and mobile devices will be

required to evaluate compliance under the Commission's equipment

authorization process.

Report to Congress

The Commission shall send a copy of this Final Regulatory

Flexibility Analysis, along with this Report and Order, in a report to

Congress pursuant to the Small Business Regulatory Enforcement Fairness

Act of 1996, 5 U.S.C. Sec. 801(a)(1)(A). A copy of this FRFA will also

be published in the Federal Register.

List of Subjects

47 CFR Part 1

Environmental impact statement, Federal Communications Commission,

Radio, Reporting and recordkeeping requirements.

47 CFR Part 2

Federal Communications Commission, Radio, Reporting and

recordkeeping requirements.

47 CFR Part 15

Computer technology, Federal Communications Commission, Reporting

and recordkeeping requirements.

47 CFR Part 24

Federal Communications Commission, Personal communications service.

47 CFR Part 97

Communications equipment, Federal Communications Commission, Radio.

Federal Communications Commission

William F. Caton,

Acting Secretary.

Rule Changes

Title 47 of the Code of Federal Regulations, parts 1, 2, 15, 24 and

97 are amended as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303 and 309(j) unless otherwise

noted.

2. Section 1.1307 is amended by revising paragraph (b), by removing

notes 1, 2 and 3 following paragraph (b), and by adding new paragraph

(e) to read as follows:

Sec. 1.1307 Actions that may have a significant environmental effect,

for which Environmental Assessments (EAs) must be prepared.

* * * * *

(b) In addition to the actions listed in paragraph (a) of this

section, Commission actions granting construction permits, licenses to

transmit or renewals thereof, equipment authorizations or modifications

in existing facilities, require the preparation of an Environmental

Assessment (EA) if the particular facility, operation or transmitter

would cause human exposure to levels of radiofrequency radiation in

excess of the limits in Sec. 1.1310 and Sec. 2.1093 of this chapter.

Applications to the Commission for construction permits, licenses to

transmit or renewals thereof, equipment authorizations or modifications

in existing facilities must contain a statement confirming compliance

with the limits unless the facility, operation, or transmitter is

categorically excluded, as discussed below. Technical information

showing the basis for this statement must be submitted to the

Commission upon request.

(1) The exposure limits in Sec. 1.1310 are generally applicable to

all facilities, operations and transmitters regulated by the

Commission. However, a determination of compliance with the exposure

limits in Sec. 1.1310, and preparation of an EA if the limits are

exceeded, is necessary only for facilities, operations and transmitters

that fall into the categories listed in Table 1, or those specified in

paragraph (b)(2) of this section. All other facilities, operations and

transmitters are categorically excluded from making such studies or

preparing an EA, except as indicated in paragraphs (c) and (d) of this

section. For purposes of Table 1, ``rooftop'' means the roof or

otherwise outside, topmost level or levels of a building structure that

is occupied as a workplace or residence and where either workers or the

general public may have access. The term ``power'' in column 2 of Table

1 refers to total operating power of the transmitting operation in

question in terms of effective radiated power (ERP), equivalent

isotropically radiated power (EIRP), or peak envelope power (PEP), as

defined in Sec. 2.1 of this chapter. For the case of the Cellular

Radiotelephone Service, subpart H of part 22 of this chapter; the

Personal Communications Service, part 24 of this chapter and covered

Specialized Mobile Radio Service operations, part 90 of this chapter,

the phrase ``total power of all channels'' in column 2 of Table 1 means

the sum of the ERP or EIRP of all co-located simultaneously operating

transmitters of the facility. When applying the criteria of Table 1,

radiation in all directions should be considered. For the case of

transmitting facilities using sectorized transmitting antennas,

applicants and licensees should apply the criteria to all transmitting

channels in a given sector, noting that for a highly directional

antenna there is relatively little contribution to ERP or EIRP

summation for other directions.

Table 1.--Transmitters, Facilities and Operations Subject to Routine

Environmental Evaluation

------------------------------------------------------------------------

Service (Title 47 CFR Rule Part) Evaluation required if:

------------------------------------------------------------------------

Experimental Radio Services (part 5)... Power > 100W ERP (164W EIRP).

Radio Frequency Devices (part 15)...... Millimeter wave devices

operating in one of the

following bands 46.7-46.8 GHz,

59.0-64.0 GHz or 76.0-77.0 GHz

(see Secs. 15.253 and 15.255

of this chapter).

Unlicensed personal

communications service devices

operating under subpart D of

this chapter.

[[Page 41015]]

Multipoint Distribution Service Non-rooftop antennas: height

(subpart K of part 21). above ground level to

radiation center 1640 W EIRP.

Rooftop antennas: Power > 1640W

EIRP.

Paging and Radiotelephone Service Non-rooftop antennas: height

(subpart E of part 22). above ground level to

radiation center 1000W ERP (1640 W

EIRP).

Rooftop antennas: power > 1000W

ERP (1640W EIRP).

Cellular Radiotelephone Service Non-rooftop antennas: height

(subpart H of part 22). above ground level to

radiation center

1000W ERP (1640 W EIRP).

Rooftop antennas: total power

of all channels > 1000W ERP

(1640W EIRP).

Personal Communications Services (part (1) Narrowband PCS (subpart D):

24). non-rooftop antennas: height

above ground level to

radiation center

1000W ERP (1640 W EIRP).

Rooftop antennas: total power

of all channels > 1000W (1640W

EIRP).

(2) Broadband PCS (subpart E):

non-rooftop antennas: height

above ground level to

radiation center

2000W ERP (3280 W EIRP).

Rooftop antennas: total power

of all channels > 2000W (3280W

EIRP).

Satellite Communications (part 25)..... All included.

Radio Broadcast Services (part 73)..... All included.

Experimental, auxiliary, and special Subparts A, G, L: power > 100W

broadcast and other program ERP.

distributional services (part 74). Subpart I: non-rooftop

antennas: height above ground

level to radiation center 1640 W EIRP.

Rooftop antennas: power > 1640W

EIRP.

Stations in the Maritime Services (part Ship earth stations only.

80).

Private Land Mobile Radio Services Non-rooftop antennas: height

Paging Operations (part 90). above ground level to

radiation center 1000W ERP (1640 W

EIRP).

Rooftop antennas: power > 1000W

ERP (1640W EIRP).

Private Land Mobile Radio Services Non-rooftop antennas: height

Specialized Mobile Radio (``covered'' above ground level to

providers only--see below)\1\ (part radiation center

1000W ERP (1640 W EIRP).

Rooftop antennas: total power

of all channels > 1000W ERP

(1640W EIRP).

Amateur Radio Service (part 97)........ Transmitter power > 50W PEP.

------------------------------------------------------------------------

\1\ Note: ``Covered'' SMR providers includes geographic area SMR

licensees in the 800 MHz and 900 MHz bands that offer real-time, two-

way switched voice service that is interconnected with the public

switched network and Incumbent Wide Area SMR licensees, as defined in

Sec. 20.3 of this chapter.

(2) Mobile and portable transmitting devices that operate in the

Cellular Radiotelephone Service, the Personal Communications Services

(PCS), the Satellite Communications Services, the Maritime Services

(ship earth stations only) and covered Specialized Mobile Radio Service

providers authorized under subpart H of part 22, part 24, part 25, part

80, and part 90 of this chapter are subject to routine environmental

evaluation for RF exposure prior to equipment authorization or use, as

specified in Secs. 2.1091 and 2.1093 of this chapter. All unlicensed

PCS and millimeter wave devices are also subject to routine

environmental evaluation for RF exposure prior to equipment

authorization or use, as specified in Sec. 15.253(f), Sec. 15.255(g),

and Sec. 15.319(i) of this chapter. All other mobile, portable, and

unlicensed transmitting devices are categorically excluded from routine

environmental evaluation for RF exposure under Secs. 2.1091 and 2.1093

of this chapter except as specified in paragraphs (c) and (d) of this

section.

(3) In general, when the guidelines specified in Sec. 1.1310 are

exceeded in an accessible area due to the emissions from multiple fixed

transmitters, actions necessary to bring the area into compliance with

the guidelines are the shared responsibility of all licensees whose

transmitters produce field strengths or power density levels at the

area in question in excess of 1% of the exposure limits applicable to

their particular transmitter.

(i) Applicants for proposed (not otherwise excluded) transmitters,

facilities or modifications that would cause non-compliance with the

limits specified in Sec. 1.1310 at an accessible area previously in

compliance must submit an EA if emissions from the applicant's

transmitter or facility would result in a field strength or power

density at the area in question that exceeds 1% of the exposure limit

applicable to that transmitter or facility.

(ii) Renewal applicants whose (not otherwise excluded) transmitters

or facilities contribute to the field strength or power density at an

accessible area not in compliance with the limits specified in

Sec. 1.1310 must submit an EA if emissions from the applicant's

transmitter or facility results in a field strength or power density at

the area in question that exceeds 1% of the exposure limit applicable

to that transmitter or facility.

(4) Transition Provisions. For applications filed with the

Commission prior to January 1, 1997, Commission actions granting

construction permits, licenses to transmit or renewals thereof,

equipment authorizations, or modifications in existing facilities

require the preparation of an Environmental Assessment if the

particular facility, operation or transmitter would cause human

exposure to levels of radiofrequency radiation that are in excess of

the requirements contained in paragraphs (b)(4) (i) through (iii) of

this section. These transition provisions do not apply to applications

for equipment authorization of mobile, portable, and unlicensed devices

specified in paragraph (b) (2) of this section.

(i) For facilities and operations licensed or authorized under

parts 5, 21 (subpart K), 25, 73, 74 (subparts A, G, I, and L), and 80

of this chapter, the ``Radio Frequency Protection Guides'' recommended

in ``American National Standard Safety Levels with Respect to

[[Page 41016]]

Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to

100 GHz'', (ANSI C95.1-1982), issued by the American National Standards

Institute (ANSI) and copyright 1982 by the Institute of Electrical and

Electronics Engineers, Inc., New York, New York shall apply. With

respect to subpart K of part 21 and subpart I of Part 74 of this

chapter, these requirements apply only to multipoint distribution

service and instructional television fixed service stations

transmitting with an equivalent isotropically radiated power (EIRP) in

excess of 200 watts. With respect to subpart L of part 74 of this

chapter, these requirements apply only to FM booster and translator

stations transmitting with an effective radiated power (ERP) in excess

of 100 watts. With respect to part 80 of this chapter, these

requirements apply only to ship earth stations.

(ii) For facilities and operations licensed or authorized under

part 24 of this chapter, licensees and manufacturers are required to

ensure that their facilities and equipment comply with IEEE C95.1-1991

(ANSI/IEEE C95.1-1992), ``Safety Levels With Respect to Human Exposure

to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz.''

Measurement methods are specified in IEEE C95.3-1991, ``Recommended

Practice for the Measurement of Potentially Hazardous Electromagnetic

Fields--RF and Microwave.'' Copies of these standards are available

from IEEE Standards Board, 445 Hoes Lane, P.O. Box 1331, Piscataway, NJ

08855-1331. Telephone: 1-800-678-4333. The limits for both

``controlled'' and ``uncontrolled'' environments, as defined by IEEE

C95.1-1991, will apply to all PCS base and mobile stations, as

appropriate.

(iii) Applications for all other types of facilities and operations

are categorically excluded from routine RF radiation evaluation except

as provided in paragraphs (c) and (d) of this section.

* * * * *

(e) No State or local government or instrumentality thereof may

regulate the placement, construction, and modification of personal

wireless service facilities on the basis of the environmental effects

of radio frequency emissions to the extent that such facilities comply

with the regulations contained in this chapter concerning the

environmental effects of such emissions. For purposes of this

paragraph:

(1) The term ``personal wireless service'' means commercial mobile

services, unlicensed wireless services, and common carrier wireless

exchange access services;

(2) The term ``personal wireless service facilities'' means

facilities for the provision of personal wireless services;

(3) The term ``unlicensed wireless services'' means the offering of

telecommunications services using duly authorized devices which do not

require individual licenses, but does not mean the provision of direct-

to-home satellite services; and

(4) The term ``direct-to-home satellite services'' means the

distribution or broadcasting of programming or services by satellite

directly to the subscriber's premises without the use of ground

receiving or distribution equipment, except at the subscriber's

premises or in the uplink process to the satellite.

3. A new Section 1.1310 is added to read as follows:

Sec. 1.1310 Radiofrequency radiation exposure limits.

The criteria listed in Table 1 shall be used to evaluate the

environmental impact of human exposure to radiofrequency (RF) radiation

as specified in Sec. 1.1307(b), except in the case of portable devices

which shall be evaluated according to the provisions of Sec. 2.1093 of

this chapter. Further information on evaluating compliance with these

limits can be found in the FCC's OST/OET Bulletin Number 65,

``Evaluating Compliance with FCC-Specified Guidelines for Human

Exposure to Radiofrequency Radiation.''

Note to Introductory Paragraph: These limits are generally based

on recommended exposure guidelines published by the National Council

on Radiation Protection and Measurements (NCRP) in ``Biological

Effects and Exposure Criteria for Radiofrequency Electromagnetic

Fields,'' NCRP Report No. 86, Sections 17.4.1, 17.4.1.1, 17.4.2 and

17.4.3. Copyright NCRP, 1986, Bethesda, Maryland 20814. In the

frequency range from 100 MHz to 1500 MHz, exposure limits for field

strength and power density are also generally based on guidelines

recommended by the American National Standards Institute (ANSI) in

Section 4.1 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.

Table 1.-- Limits for Maximum Permissible Exposure (MPE)

----------------------------------------------------------------------------------------------------------------

Electric field Magnetic field Power density Averaging time

Frequency range (MHz) strength (V/m) strength (A/m) (mW/cm\2\) (minutes)

----------------------------------------------------------------------------------------------------------------

(A) Limits for Occupational/Controlled Exposures

----------------------------------------------------------------------------------------------------------------

0.3-3.0............................. 614 1.63 *(100) 6

3.0-30.............................. 1842/f 4.89/f *(900/f\2\) 6

30-300.............................. 61.4 0.163 1.0 6

300-1500............................ ................. ................. f/300 6

1500-100,000........................ ................. ................. 5 6

----------------------------------------------------------------------------------------------------------------

(B) Limits for General Population/Uncontrolled Exposure

----------------------------------------------------------------------------------------------------------------

0.3-1.34............................ 614 1.63 *(100) 30

1.34-30............................. 824/f 2.19/f *(180/f\2\) 30

30-300.............................. 27.5 0.073 0.2 30

300-1500............................ ................. ................. f/1500 30

1500-100,000........................ ................. ................. 1.0 30

----------------------------------------------------------------------------------------------------------------

f = frequency in MHz

* = Plane-wave equivalent power density

Note 1 to Table 1: Occupational/controlled limits apply in

situations in which persons are exposed as a consequence of their

employment provided those persons are fully aware of the potential

for exposure and can exercise control over their exposure. Limits

for occupational/controlled exposure also apply in situations when

an individual is transient through a location where

[[Page 41017]]

occupational/controlled limits apply provided he or she is made

aware of the potential for exposure.

Note 2 to Table 1: General population/uncontrolled exposures

apply in situations in which the general public may be exposed, or

in which persons that are exposed as a consequence of their

employment may not be fully aware of the potential for exposure or

can not exercise control over their exposure.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL

RULES AND REGULATIONS

1. The authority citation for part 2 continues to read as follows:

Authority: Sec. 4, 302, 303 and 307 of the Communications Act of

1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307, unless

otherwise noted.

2. A new center heading and Sec. 2.1091 are added to subpart J to

read as follows: Radiofrequency Radiation Exposure

Sec. 2.1091 Radiofrequency radiation exposure evaluation: mobile and

unlicensed 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 mobile devices are defined as

transmitters 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 radiating antennas and

the body of the user or nearby persons.

(c) Mobile devices that operate in the Cellular Radiotelephone

Service, the Personal Communications Services, the Satellite

Communications Services, the Maritime Services and the Specialized

Mobile Radio Service authorized under subpart H of part 22, part 24,

part 25, part 80 of this chapter (ship earth station devices only) and

part 90 of this chapter (``covered'' SMR devices only, as defined in

the note to Table 1 of Sec. 1.1307(b)(1) of this chapter), are subject

to routine environmental evaluation for RF exposure prior to equipment

authorization or use if their effective radiated power (ERP) is 1.5

watts or more. Unlicensed personal communications service and

unlicensed millimeter wave devices authorized under Sec. 15.253,

Sec. 15.255 and subpart D of part 15 of this chapter are also subject

to routine environmental evaluation for RF exposure prior to equipment

authorization or use, regardless of their power used, unless they meet

the definition of a portable device as specified in Sec. 2.1093(b). All

other mobile and unlicensed transmitting devices are categorically

excluded from routine environmental evaluation for RF exposure prior to

equipment authorization, except as specified in Secs. 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 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) Compliance with exposure guidelines for mobile and unlicensed

devices 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. A new section 2.1093 is added to subpart J to read as follows:

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 portable devices are defined as

transmitters designed to be used within 20 centimeters of the body of

the user.

(c) Portable devices that operate in the Cellular Radiotelephone

Service, the Personal Communications Services, the Satellite

Communications services, the Maritime Services and the Specialized

Mobile Radio Service authorized under subpart H of part 22 of this

chapter, part 24 of this chapter, part 25 of this chapter, part 80 of

this chapter (ship earth station devices only), part 90 of this chapter

(``covered'' SMR devices only, as defined in the note to Table 1 of

Sec. 1.1307(b)(1) of this chapter), and portable unlicensed personal

communication service and millimeter wave devices authorized under

Sec. 15.253, Sec. 15.255 or subpart D of part 15 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, except as specified in

Secs. 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

[[Page 41018]]

specified in paragraphs (d)(1) and (d)(2) of this section.

(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.

PART 15--RADIO FREQUENCY DEVICES

1. The authority citation for part 15 continues to read as follows:

Authority: Secs. 4, 302, 303, 304, 307 and 624A of the

Communications Act of 1934, as amended, 47 U.S.C. 154, 302, 303, 307

and 544A.

2. Section 15.253 is amended by revising paragraph (f) to read as

follows:

Sec. 15.253 Operation within the bands 46.7-46.9 GHz and 76.0-77.0

GHz.

* * * * *

(f) Regardless of the power density levels permitted under this

section, devices operating under the provisions of this section are

subject to the radiofrequency radiation exposure requirements specified

in Sec. 1.1307(b), Sec. 2.1091 and Sec. 2.1093 of this chapter, as

appropriate. Applications for equipment authorization of devices

operating under this section must contain a statement confirming

compliance with these requirements for both fundamental emissions and

unwanted emissions. Technical information showing the basis for this

statement must be submitted to the Commission upon request.

3. Section 15.255 is amended by revising paragraph (g) to read as

follows:

Sec. 15.255 Operation within the band 59.0-64.0 GHz.

* * * * *

(g) Regardless of the power density levels permitted under this

section, devices operating under the provisions of this section are

subject to the radiofrequency radiation exposure requirements specified

in Sec. 1.1307(b), Sec. 2.1091 and Sec. 2.1093 of this chapter, as

appropriate. Applications for equipment authorization of devices

operating under this section must contain a statement confirming

compliance with these requirements for both fundamental emissions and

unwanted emissions. Technical information showing the basis for this

statement must be submitted to the Commission upon request.

4. Section 15.319 is amended by revising paragraph (i), to read as

follows:

Sec. 15.319 General technical requirements.

* * * * *

(i) Unlicensed PCS devices are subject to the radiofrequency

radiation exposure requirements specified in Sec. 1.1307(b),

Sec. 2.1091 and Sec. 2.1093 of this chapter, as appropriate. All

equipment shall be considered to operate in a ``general population/

uncontrolled'' environment. Applications for equipment authorization of

devices operating under this section must contain a statement

confirming compliance with these requirements for both fundamental

emissions and unwanted emissions. Technical information showing the

basis for this statement must be submitted to the Commission upon

request.

PART 24--PERSONAL COMMUNICATIONS SERVICES

1. The authority citation for part 24 continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless

otherwise noted.

2. Section 24.52 is revised to read as follows:

Sec. 24.52 RF hazards.

Licensees and manufacturers are subject to the radiofrequency

radiation exposure requirements specified in Sec. 1.1307(b),

Sec. 2.1091 and Sec. 2.1093 of this chapter, as appropriate.

Applications for equipment authorization of mobile or portable devices

operating under this section must contain a statement confirming

compliance with these requirements for both fundamental emissions and

unwanted emissions. Technical information showing the basis for this

statement must be submitted to the Commission upon request.

PART 97--AMATEUR RADIO SERVICE

1. The authority citation for part 97 continues to read as follows:

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. Secs. 154,

303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended;

47 U.S.C. Secs. 151-155, 301-609, unless otherwise noted.

2. Section 97.13 is amended by adding paragraph (c) to read as

follows:

[[Page 41019]]

Sec. 97.13 Restrictions on station location.

* * * * *

(c) Before causing or allowing an amateur station to transmit from

any place where the operation of the station could cause human exposure

to levels of radiofrequency (RF) radiation in excess of that allowed

under Sec. 1.1310 of this chapter, the licensee is required to take

certain actions. A routine RF radiation evaluation, as discussed in

Sec. 1.1307(b) of this chapter, is required if the transmitter power

exceeds 50 watts peak envelope power; otherwise the operation is

categorically excluded from routine RF radiation evaluation except as

specified in Sec. 1.1307(c) and Sec. 1.1307(d) of this chapter. Where

the routine evaluation indicates that the RF radiation could be in

excess of the limits contained in Sec. 1.1310 of this chapter, the

licensee must take action to prevent such an occurrence. Further

information on evaluating compliance with these limits can be found in

the FCC's OST/OET Bulletin Number 65, ``Evaluation Compliance with FCC-

Specified Guidelines for Human Exposure to Radiofrequency Radiation.''

3. Section 97.503 is amended by revising paragraphs (b)(1), (b)(2),

and (b)(3), and adding entry 10 to the table in paragraph (c) to read

as follows:

Sec. 97.503 Element standards.

* * * * *

(b) * * *

(1) Element 2: 35 questions concerning the privileges of a Novice

Class operator license. The minimum passing score is 26 questions

answered correctly.

(2) Element 3(A): 30 questions concerning the privileges of a

Technician Class operator license. The minimum passing score is 22

questions answered correctly.

(3) Element 3(B): 30 questions concerning the privileges of a

General Class operator license. The minimum passing score is 22

questions answered correctly.

* * * * *

(c) * * *

------------------------------------------------------------------------

Topics 2 3(A) 3(B) 4(A) 4(B)

------------------------------------------------------------------------

* * * * * * *

(10) Radiofrequency

environmental safety practices

at an amateur station.......... 5 5 5 0 0

------------------------------------------------------------------------

[FR Doc. 96-20082 Filed 8-5-96; 2:01 pm]

BILLING CODE 6712-01-P