Regulations for RF Lighting Devices

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 18

[ET Docket 98-42; FCC 98-53]

Regulations for RF Lighting Devices

AGENCY: Federal Communications Commission

ACTION: Proposed rule.

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SUMMARY: By this Notice of Proposed Rulemaking, the Commission is

proposing to update the regulations for RF lighting devices. This

action is taken in response to new developments in RF lighting

technology. It is intended to support the development of new more

efficient RF lighting products for consumer and commercial

applications.

DATES: Comments are due July 8, 1998. Reply comments are due August 7,

1998.

FOR FURTHER INFORMATION CONTACT: Office of Engineering and Technology,

Anthony Serafini at (202) 418-2456.

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

Notice of Proposed Rulemaking adopted April 1, 1998 and released April

9, 1998. The full text of this decision is available for inspection and

copying during regular business hours in the FCC Reference Center, Room

239, 1919 M Street, NW, Washington, DC. The complete text of this

decision also may be purchased from the Commission's duplication

contractor, International Transcription Service, Inc., (202) 857-3800,

1231 20th Street, NW, Washington, DC 20036.

Summary of the Notice of Proposed Rulemaking

1. By this action, the Commission proposes to amend part 18 of its

rules to update the regulations for radio frequency (RF) lighting

devices. Recent developments and advances in RF lighting technology

offer potential economic and environmental benefits for consumers and

industry. The current FCC rules, however, may not easily accommodate

these technological advancements and thus hinder the further

development and implementation of these new products. This action seeks

to reduce unnecessary

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regulatory burden and to support the introduction of new and beneficial

products while ensuring that spectrum-based communications services

continue to be protected from interference. Accordingly, the Commission

proposes to relax the line-conducted emission limits and to adopt

radiated emission limits above 1 GHz for RF lighting devices and

solicits comments on these proposals.

2. RF lighting technology has been typically designed to operate at

relatively low frequencies around 150 kHz. The new products we are

considering are designed to operate at much higher frequencies and

therefore were not taken into account when the existing rules were

adopted. The new consumer RF light operates in the 2.2-2.8 MHz band.

This product is more efficient and longer lasting than existing

incandescent bulbs. We propose to amend our rules to allow for this new

technology without causing potential harmful interference to spectrum-

based services. We propose to relax the consumer line-conducted

emission limit in Section 18.307(c) by 22 dB in the 2.2-2.8 MHz band to

the existing non-consumer limit of 3000 microvolts.

3. The new commercial use product is a high-power RF lamp that

operates in the 2400-2500 MHz Industrial, Scientific, and Medical (ISM)

band and offers benefits similar to the consumer lighting product.

Although this product is an RF lamp, it uses a magnetron power source

similar to magnetrons used in microwave ovens operating in the same

band. Therefore, it does not easily fit under our rules for either RF

lighting or microwave ovens. We propose to amend the RF lighting rules

to consider the requirements of this new technology. Specifically, we

seek comment on whether the non-consumer line-conducted limits in

Section 18.307(c) should be relaxed 10 dB for RF lighting products. We

also propose to adopt out-of-band radiated limits above 1 GHz.

Initial Regulatory Flexibility Analysis

4. As required by the Regulatory Flexibility Act (RFA), the

Commission has prepared this Initial Regulatory Flexibility Analysis

(IRFA) of the expected significant economic impact on small entities by

the policies and rules proposed in this Notice of Proposed Rule Making

(``Notice''). Written public comments are requested on the IRFA.

Comments must be identified as responses to the IRFA and must be filed

by the deadlines for comments on the Notice. The Commission will send a

copy of the Notice, including this IFRA, to the Chief Counsel for

Advocacy of the Small Business Administration. See 5 U.S.C. 603(a). In

addition, the Notice and IRFA (or summaries thereof) will be published

in the Federal Register.

Need for and Objectives of the Proposed Rules

5. This rule making proceeding is initiated to obtain comment

regarding proposals to change the conducted line emission limits for RF

lighting. Recent developments and advances in RF lighting technology

offer potential economic and environmental benefits for consumers and

industry. The current FCC rules, however, do not easily accommodate

these technological advancements and thus hinder the further

development and implementation of these promising new products. This

action seeks to relax the part 18 regulations to accommodate new and

beneficial products while ensuring that other important communications

services continue to be protected from interference. This action will

potentially benefit all entities using RF lighting technologies,

including small entities.

Legal Basis

6. The proposed action is authorized under Sections 4(i), 301, 302,

303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 1934,

as amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f),

303(r), 304 and 307.

Description and Estimate of the Number of Small Entities to Which

the Proposed Rule Will Apply

7. The RFA generally defines a ``small entity'' as having the same

meaning as the terms ``small business,'' ``small organization,'' and

``small government jurisdiction.'' In addition, the term ``small

business'' is the same meaning as the term ``small business concern''

under the Small Business Act (``SBA''), 15 U.S.C. 632, unless the

Commission has developed one or more definitions that are appropriate

to its activities. Under the SBA, a ``small business concern'' is one

that (1) is independently owned and operated; (2) is not dominant in

its field of operation; and (3) meets any individual criteria

established by the Small Business Administration (SBA).

8. The Commission has not developed a definition of small entities

applicable to RF Lighting Devices. Therefore, the applicable definition

of small entity is the definition under the Small Business

Administration (SBA) rules applicable to Communications Services, Not

Elsewhere Classified. This definition provides that a small entity is

one with $11.0 million or less in annual receipts. According to Census

Bureau data, there are 848 firms that fall under the category of

Communications Services, Not Elsewhere Classified. Of those,

approximately 775 reported annual receipts of $11 million or less and

qualify as small entities.

9. This Notice seeks comment to help the Commission determine the

appropriate regulations necessary to protect communications services

while facilitating development and use of the new generation of energy

saving RF lighting devices. We also request comment on the description

and the number of small entities that may be significantly impacted by

this proposal.

Description of Projected Reporting, Recordkeeping and Other

Compliance Requirements

10. Under part 18 of the FCC rules, consumer ISM equipment must be

approved under the FCC certification process and non-consumer equipment

is subject to verification. No changes are proposed to the testing and

approval process requirements for RF lighting product.

Steps Taken to Minimize Significant Economic Impact on Small

Entities, and Significant Alternatives Considered

11. U.S. manufacturers have developed new RF lighting technologies

that offer potential economic and environmental benefits to consumers

and industry. General Electric (GE) has developed and Electrodeless

Fluorescent Lamp (EFL) that operates between 2.2-2.8 MHz. This a more

efficient, longer lasting consumer lamp that is an alternative to

normal incandescent light bulbs. EFL lamps represent a new generation

of technology beyond the existing low frequency RF lights known as

Compact Fluorescent Lamps (CFL), which are limited in their

applications due to their non-traditional design using curved tubing.

EFL lamps are nearly identical in size and shape to incandescent bulbs

and therefore, are expected to have greater consumer applications and

acceptance over CFL lamps.

12. The existing RF lighting rules were adopted many years ago for

products operating at relatively low frequencies and do not easily

accommodate new state-of-the-art RF lighting technologies. We believe

it is appropriate to examine and modify our rules to accommodate these

new technologies to the extent possible while still ensuring that

communications services are protected from harmful interference.

13. Fusion Lighting, Inc. (Fusion) has developed an efficient,

longer-lasting,

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high-power commercial lamp that is suitable for lighting coverage of

large, commercial areas, such as warehouses, parking lots and shopping

malls. Fusion's efforts were supported by the Department of Energy

(DOE), the Environmental Protection Agency (EPA) and the National Air

and Space Administration (NASA). Fusion states that its sulfur based

lamp is over four times more efficient than incandescent lighting, yet

does not have the color drawbacks of present mercury based high

intensity discharge lamps used in typical outside lighting and

commercial environments. The lamp produces a spectra closely matching

that of the sun, but with very little heat or ultraviolet rays. In

testing demonstrations, two Fusion lamps, shining light from both ends

into a reflective light tube 240 feet long, were able to replace the

light of 240 and 175 watt mercury lamps at the DOE headquarters. At the

National Air and Space Museum, three Fusion lamps shining into three

separate 90-foot tubes replaced 94 conventional lights.

14. Fusion states that the cost of complying with the current line-

conducted limits for RF lighting devices is excessive. The Fusion lamp

must use a line filter to come into compliance with the line-conducted

limits for commercial RF lighting devices. Fusion argues that although

existing line filters will permit Fusion's lamp to pass the current FCC

limits, they are not designed for the operating temperatures of the

lamp and therefore fail to meet Underwriter Laboratories (UL) safety

requirements. Additionally, Fusion solicited data from power supply

manufacturers and notes that a custom line filter needed to make their

product meet both the FCC and UL requirements would add approximately

15 percent to the final cost.

15. At this time, we are proposing no additional, alternative RF

rule modifications beyond those generally described by GE and Fusion.

We seek comment on any additional alternatives.

Federal Rules that May Duplicate, Overlap, or Conflict With the

Proposed Rule

16. None.

List of Subjects in 47 CFR Part 18

Business and industry.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98-10948 Filed 4-23-98; 8:45 am]

BILLING CODE 6712-01-F