Regulations for RF Lighting Devices

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 18

[ET Docket No. 98-42, FCC 99-135]

Regulations for RF Lighting Devices

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules for radio

frequency (RF) lighting devices. This action seeks to eliminate

unnecessary regulations and to support the introduction of new and

beneficial products while ensuring that radio communications services

are protected from interference. Accordingly, we are relaxing the line-

conducted emission limits below 30 MHz for new consumer RF lighting

devices.

DATES: Effective October 13, 1999.

FOR FURTHER INFORMATION CONTACT: Anthony Serafini, Office of

Engineering and Technology, (202) 418-2456.

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

and Order, ET Docket 98-76, FCC 99-58, adopted June 9, 1999, and

released June 16, 1999. The full text of this Commission decision is

available for inspection and copying during normal business hours in

the FCC Reference Center (TW-A257), 445 12th Street, S.W., Washington,

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

contractor, International Transcription Service, 445 12th Street, S.W.,

Room CY-B400, Washington, D.C. 20554.

Summary of the Report and Order

1. The Report and Order amends Part 18 of the Commission's rules

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

Commission rules, however, do not easily accommodate these

technological advancements and thus hinder the further development and

implementation of these new products. This action eliminates

unnecessary regulations and supports the introduction of new and

beneficial products while ensuring that radio communications services

are protected from interference. Accordingly, we are relaxing the line-

conducted emission limits below 30 MHz for new consumer RF lighting

devices.

2. On April 1, 1998, the Commission adopted a Notice of Proposed

Rulemaking (Notice) 63 FR 20363, April 24, 1998, that proposed rules to

accommodate a new generation of RF lighting devices. These new devices

offer potential benefits for both consumer and non-consumer users.

General Electric (GE) developed a new Electrodeless Fluorescent Lamp

(EFL) for typical low power consumer applications such as in-home

lighting. The GE lamp is designed to operate in the 2.2-2.8 MHz band.

GE claims that its new lamp is more efficient and longer-lasting than

incandescent consumer bulbs, and is an improvement over existing low

frequency RF lights known as Compact Fluorescent Lamps (CFL). Unlike

current RF lighting lamps,

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EFLs are nearly identical in size and shape to incandescent bulbs. GE

reports that a new 23-watt EFL will provide light similar to a 75-watt

standard incandescent bulb and is expected to last two or three times

longer than present lamps that use electrodes. GE estimates that, if

10% of consumer lamps were replaced with EFL technology, energy

consumption in the United States would be reduced by nearly 1 billion

kilowatt hours, saving consumers approximately $1.4 billion each year.

The lamp cannot meet the current FCC line-conducted emission limits for

consumer RF lighting devices without the addition of filters which

would significantly increase costs and would impede market acceptance.

In 1995 the Commission granted GE a waiver to begin marketing the lamp

under relaxed line-conducted emissions limits in the 2.2-2.8 MHz band.

In the Notice, the Commission proposed to codify the relaxed line-

conducted emission limits.

3. The Commission proposed to relax the consumer line-conducted

emission limits 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. This proposal

was consistent with the waiver granted to GE. The 2.2-2.8 MHz band is

allocated to several Government and Non-Government communications

services, including aviation, international fixed public, maritime,

private land mobile, Government fixed and mobile, and standard

frequency and time transmissions. Operations on these frequencies

include, among others, Civil Air Patrol, ship to shore communications,

broadcast auxiliary, local government and police operations. GE had

performed analyses showing that there would be little risk of

interference to these services if the line-conducted emissions limits

were relaxed. GE marketed several hundred thousand EFLs under the

waiver, with no reported incidents of interference to communications

services.

4. We believe that it is appropriate to relax the line conducted

limits to facilitate the use of this new technology. GE has

demonstrated through experience gained under its waiver that the

proposed relaxation of the line conducted limits does not pose any

significant risk of causing interference to radio communications

services. We find no evidence in the record to support argument that

the proposed relaxation of the line-conducted limit could increase

spurious emissions due to interactions with other products. Further, we

find no basis for the argument that the proposed relaxation could lead

to increased harmonic emissions in other frequency bands because the

Commission proposed no changes to the existing line-conducted and

radiated emissions limits that apply to harmonic and spurious emissions

outside the proposed frequency band.

5. We also believe that the frequency range for the rule relaxation

should be changed to be consistent with international standards. We

believe that harmonization with the frequency band used internationally

will promote trade and reduce product costs. Accordingly, we are

relaxing the consumer line-conducted emission limit in Section

18.307(c) by 22 dB to 3000 microvolts in the 2.51-3.0 MHz band, as

proposed.

6. Labelling. The terms of the GE waiver required that an advisory

label be placed on the product packaging warning of possible

interference to maritime operations. In the Notice, we asked for

comment on whether to continue to require this advisory label and

whether a similar label should be required for all RF lighting devices.

Commenters recommend requiring a label for RF lighting devices to warn

users about potential interference to communication services.

7. We believe that an advisory label is appropriate to further

ensure that RF lighting devices are not used in close proximity to

critical navigation and communications equipment. Accordingly, we are

requiring manufacturers of RF lighting devices to provide an advisory

statement, either on the product packaging or with other user

documentation, similar to the following: ``This product may cause

interference to radio communications and should not be installed near

maritime safety communications equipment or other critical navigation

or communication equipment operating between 0.45-30 MHz.'' Variations

of this language are permitted provided all the points of the statement

are addressed.

8. Transient Emissions. In the Notice, we invited comment as to

whether any requirements may be necessary to address transient

emissions that can occur when RF lighting devices are turned on and

off. We find that requirements for transient emissions are unnecessary.

The limited potential for added interference does not warrant

additional regulations. Accordingly, we choose not to adopt any

requirements for transient emissions.

9. It is ordered that Part 18 of the Commission's Rules and

Regulations is amended as specified and will be effective October 13,

1999 in order to allow sufficient time for the Paperwork Reduction Act

requirements due to the new labelling regulations. 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.

Final Regulatory Flexibility Analysis

10. As required by the Regulatory Flexibility Act

(RFA),1 the Commission prepared an Initial Regulatory

Flexibility Analysis (IRFA) of the expected significant economic impact

on small entities by the policies and rules proposed in the Notice of

Proposed Rule Making (``Notice''). Written public comments were

requested on the IRFA. The Final Regulatory Flexbility Analysis (FRFA)

in this Report and Order conforms to the RFA.

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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has

been amended by the Contract With America Advancement Act of 1996,

Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the

CWAAA is the Small Business Regulatory Enforcement Fairness Act of

1996 (SBREFA).

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Need for and Objective of the Rules

11. This rule making proceeding was initiated to obtain comment

regarding proposals to change the regulations for RF lighting. Recent

developments and advances in RF lighting technology offer potential

economic and environmental benefits for consumers and industry. The

current Commission 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.

Summary of Significant Issues Raised by Public Comments in Response to

the IRFA

12. No commenting parties raised issues specifically in response to

the IRFA.

Description and Estimate of the Number of Small Entities to Which the

Rules Will Apply

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

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

``small government jurisdiction.'' 2 In addition, the term

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

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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.3 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).4

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\2\ See 5 U.S.C. 601(6).

\3\ 5 U.S.C. 601(3) (incorporating by reference the definition

of ``small business concern'' in 5 U.S.C. 632).

\4\ 15 U.S.C. 632.

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14. 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.5

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.

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\5\ 13 CFR 121.201, Standard Industrial Classification (SIC)

Code 4899.

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Description of Projected Reporting, Recordkeeping and Other Compliance

Requirements

15. 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 being made 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

16. The new rules adopted in this Report and Order are intended to

support the further development and implementation of new RF lighting

products. These actions will benefit all RF lighting manufacturers,

including small entities.

17. 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 an Electrodeless

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

18. 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 are

modifying our rules to accommodate these new technologies to the extent

possible while still ensuring that communications services are

protected from harmful interference.

Report to Congress

19. 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. 801(a)(1)(A). A copy of this FRFA will also be

published in the Federal Register, see 5 U.S.C. 604(b), and will be

sent to the Chief Counsel for Advocacy of the Small Business

Administration.

List of Subjects in 47 CFR Part 18

Business and industry, Household appliances, Radio, Report and

recordkeeping requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the preamble, Part 18 of the Code of

Federal Regulations, is amended as follows:

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

1. The authority citation for Part 18 continues to read as follows:

Authority: 47 U.S.C. Sec. 4, 301, 302, 303, 304 and 307.

2. Section 18.213, paragraph (d) is added to read as follows:

Sec. 18.213 Information to the user.

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(d) Manufacturers of RF lighting devices must provide an advisory

statement, either on the product packaging or with other user

documentation, similar to the following: This product may cause

interference to radio equipment and should not be installed near

maritime safety communications equipment or other critical navigation

or communication equipment operating between 0.45-30 MHz. Variations of

this language are permitted provided all the points of the statement

are addressed and may be presented in any legible font or text style.

3. Section 18.307(c) is revised to read as follows:

Sec. 18.307 Conduction Limits.

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(c) RF lighting devices:

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Maximum RF

line

voltage

Frequency (MHz) measured

with a 50

uH/50 ohm

LISN (uV)

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Non-consumer equipment:

0.45 to 1.6.............................................. 1,000

1.6 to 30................................................ 3,000

Consumer equipment:

0.45 to 2.51............................................. 250

2.51 to 3.0.............................................. 3,000

3.0 to 30................................................ 250

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[FR Doc. 99-17516 Filed 7-9-99; 8:45 am]

BILLING CODE 6712-01-P