97-24165. Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation  

  • [Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
    [Rules and Regulations]
    [Pages 47960-47968]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-24165]
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Parts 1, 2, 26 and 97
    
    [ET Docket No. 93-62; FCC 97-303]
    
    
    Guidelines for Evaluating the Environmental Effects of 
    Radiofrequency Radiation
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Final rule.
    
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    SUMMARY: This Second Memorandum Opinion and Order amends the 
    Commission's rules to refine and clarify the decisions adopted in the 
    Report and Order, regarding the use of new guidelines and methods in 
    the evaluation of the environmental effects of RF electromagnetic 
    fields or emissions produced by FCC-regulated transmitters. The 
    Commission believes its decisions provide a proper balance between the 
    need to protect the public and workers from exposure to potentially 
    harmful RF electromagnetic fields and the requirement that industry be 
    allowed to provide telecommunications services to the public in the 
    most efficient and practical manner possible.
    
    EFFECTIVE DATE: October 15, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Robert F. Cleveland, Office of 
    Engineering and Technology, Federal
    
    [[Page 47961]]
    
    Communications Commission, (202) 418-2464.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
    Memorandum Opinion and Order, ET Docket 93-62, FCC 97-303, adopted 
    August 25, 1997, and released August 25, 1997. The full text of this 
    Commission decision 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 duplication contractor, International Transcription 
    Service, (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, 
    D.C. 20037.
    
    Summary of the Memorandum Opinion and Order
    
        1. In this Second Memorandum Opinion and Order, we are amending our 
    rules to refine and clarify the decisions adopted August 1, 1996, in 
    the Report and Order, 61 FR 41006, August 7, 1996, regarding the use of 
    new guidelines and methods in the evaluation of the environmental 
    effects of RF electromagnetic fields or emissions produced by FCC-
    regulated transmitters. This Second Memorandum Opinion and Order 
    responds to petitions for reconsideration and/or clarification filed in 
    this proceeding. In reaching our decisions, we have considered 
    carefully the petitions and comments that were received in this 
    proceeding. We believe our decisions provide a proper balance between 
    the need to protect the public and workers from exposure to potentially 
    harmful RF electromagnetic fields and the requirement that industry be 
    allowed to provide telecommunications services to the public in the 
    most efficient and practical manner possible. Specifically, we are: (1) 
    Affirming the RF exposure limits that were previously adopted; (2) 
    modifying in a few areas our policy that categorically excludes certain 
    transmitters from routine environmental evaluation; and (3) revising 
    and clarifying our guidelines regarding RF emissions involving multiple 
    transmitter facilities. We are also adopting a number of minor changes 
    and clarifications.
        2. In the Report and Order, the Commission adopted limits for 
    Maximum Permissible Exposure (MPE) and localized, partial-body exposure 
    of humans based on criteria published by the National Council on 
    Radiation Protection and Measurements (NCRP) and by the American 
    National Standards Institute/Institute of Electrical and Electronics 
    Engineers, Inc. (ANSI/IEEE). The Report and Order also modified the 
    Commission's policy on categorical exclusions that exempts many radio 
    services and transmitters from routine environmental evaluation for RF 
    exposure. In accordance with Section 704 of the Telecommunications Act 
    of 1996, the Report and Order followed Congressional direction with 
    respect to completion of the docket in this proceeding. The new rules 
    became effective immediately; however, a transition period (originally 
    to January 1, 1997) was provided for implementation of the new 
    requirements for transmitters other than portable and mobile devices.
        3. A First Memorandum Opinion and Order, adopted on December 23, 
    1996, 62 FR 3232, January 22, 1997, addressed comments in those 
    petitions requesting extension of the transition provisions of the 
    Report and Order and extended the transition period to September 1, 
    1997 (January 1, 1998 for amateur stations). This Second Memorandum 
    Opinion and Order addresses the other issues raised in the petitions, 
    including whether we should: (1) Reconsider the RF exposure limits 
    originally adopted; (2) reconsider our policy on categorical exclusion 
    of certain transmitters from routine evaluation for compliance with our 
    guidelines; (3) modify our policy with respect to evaluation of RF 
    exposure at multiple transmitter sites; (4) revise our policy with 
    respect to routine evaluation for SMR transmitters; and (5) broaden our 
    authority to preempt state and local regulations concerning RF 
    exposure.
        4. Some petitioners ask that we reconsider our previous decision 
    not to adopt ANSI/IEEE C95.1-1992 in its entirety. Several other 
    petitioners claim that the limits we adopted were not protective 
    enough. The staff believes that no new and compelling justifications 
    have been provided that would warrant a modification of the limits 
    adopted in the Report and Order. Those limits were crafted to address 
    concerns about ANSI/IEEE C95.1-1992 that had been raised by several 
    agencies of the Federal Government with responsibility for health and 
    safety. Furthermore, all of these agencies have written letters to the 
    Commission supporting our new guidelines. We believe that the limits 
    adopted in the Report and Order provide a proper balance between the 
    need to protect the public and workers from exposure to excessive RF 
    electromagnetic fields and the need to allow communications services to 
    readily address growing marketplace demands.
        5. The Commission's environmental rules identify particular 
    categories of existing or proposed transmitters or facilities for which 
    licensees and applicants are required to conduct routine environmental 
    evaluations to determine whether these transmitters or facilities 
    comply with our RF guidelines. Other transmitting facilities are 
    categorically excluded from these rules because we have judged them to 
    offer little potential for causing exposures in excess of the 
    applicable guidelines. In the Report and Order, we revised our rules 
    related to this policy of categorical exclusion based on our own 
    calculations and analyses of the implications of the new limits, along 
    with information and data acquired during the proceeding. Whereas 
    previously we had categorically excluded entire service categories, 
    such as paging and cellular transmitters, the Report and Order 
    concluded that some transmitting facilities, regardless of service, may 
    offer the potential for causing exposures in excess of MPE limits.
        6. Several petitioners ask that we return to our earlier policy of 
    categorical exclusion for entire services. However, these petitioners 
    present no new evidence that would lead us to change our basic premise 
    for categorical exclusion. We continue to believe that it is desirable 
    and appropriate to categorically exclude from routine environmental 
    evaluation only those transmitting facilities that offer little or no 
    potential for exposure in excess of our limits. However, some 
    transmitting facilities, regardless of service, offer the potential for 
    causing exposures in excess of MPE limits because of such factors as 
    their relatively high operating power, location or relative 
    accessibility, and these facilities should not be categorically 
    excluded from routine evaluation.
        7. Except in a few limited areas, we do not believe it is 
    appropriate to modify the categorical exclusion policies adopted in the 
    Report and Order. We are modifying our policy related to unlicensed 
    millimeter-wave devices that do not meet the definition of a portable 
    device and unlicensed and licensed PCS and other mobile devices 
    operating above 1.5 GHz. Secondly, we are revising the 50-watt 
    threshold for routine evaluation of amateur radio stations so that it 
    reflects the manner in which the RF exposure limits change in the 
    different amateur frequency bands. We are also revising categorical 
    exclusions currently based on the height of the antenna radiation 
    center above ground so that they are based on the height of the lowest 
    portion of the antenna above ground. In addition to these areas, we are 
    revising our policy
    
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    on categorical exclusions for SMR transmitters so that all SMR 
    operations are covered, and we are changing our definition of 
    ``rooftop'' so that antennas that are mounted on the sides of buildings 
    or otherwise don't fit the previous definition will be considered, if 
    appropriate.
        8. Several petitioners argue that our policy regarding evaluation 
    at sites with multiple FCC-regulated transmitters is overly burdensome. 
    Our rules state that when the RF exposure limits are exceeded in an 
    accessible area due to the RF fields of multiple fixed transmitters, 
    actions necessary to bring the area into compliance are the shared 
    responsibility of all licensees whose transmitters produce power 
    densities in excess of 1% of the exposure limit applicable to their 
    transmitter. After considering the various arguments, we conclude that 
    the 1% level should be changed. We concur that a 1% level is difficult 
    to measure or calculate. We believe that a 5% threshold represents a 
    more reasonable and supportable compromise, by offering relief to 
    relatively low-powered site occupants who do not contribute 
    significantly to areas of non-compliance and, at the same time, by 
    providing for the appropriate allocation of responsibility among major 
    site emitters.
        9. Some petitioners request that the Commission broaden its 
    preemptive authority beyond the category of ``personal wireless 
    services'' authorized in the Telecommunications Act of 1996. Based upon 
    the current record in this proceeding, we find that there is 
    insufficient evidence at this time to warrant our preempting state and 
    local actions that are based on concerns over RF emissions for services 
    other than those defined by Congress as ``personal wireless services.'' 
    However, additional issues concerning preemption of state and local 
    regulations involving advanced television facilities have been raised 
    in a Petition for Further Rulemaking filed by the National Association 
    of Broadcasters which will be considered in a separate proceeding.
        10. Several additional petitions were received in response to our 
    earlier First Memorandum Opinion and Order extending the transition 
    period for fixed stations and transmitters. Some petitioners request 
    that we end the transition period immediately because of the potential 
    for large scale exposure of the public to harmful RF emissions. Others 
    argue that additional time is needed to consider the Commission's 
    response to earlier petitions relating to OET Bulletin 65 on RF 
    compliance. This bulletin will be released simultaneously with this 
    Order. In order to provide applicants and licensees with sufficient 
    time to review the final version of the bulletin, we will extend the 
    initial transition period to October 15, 1997. The transition period 
    for the Amateur Radio Service, only, will remain the same, and will end 
    on January 1, 1998.
        11. Finally, we are revising our rules to require that existing 
    sites and transmitters come into compliance with the new guidelines as 
    of a date certain. Accordingly, we will require all existing 
    facilities, operations and devices to comply with the new FCC RF 
    guidelines no later than September 1, 2000.
    
    Revised Final Regulatory Flexibility Analysis
    
    Second Memorandum Opinion and Order
    
        12. 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 of Proposed Rule Making (NPRM) in 
    ET Docket 93-62. The Commission sought written public comments on the 
    proposals in the NPRM, including on the IRFA. In the Report and Order 
    in this proceeding, the Commission adopted a Final Regulatory 
    Flexibility Analysis (FRFA). Petitions for reconsideration were filed 
    in response to the Report and Order by seventeen parties. Several 
    technical and legal issues have been raised in the petitions and 
    subsequent comments. In addition, several petitions have raised 
    questions about the original FRFA. The First Memorandum Opinion and 
    Order in this proceeding, and the associated FRFA, addressed those 
    petitions and comments requesting extension of the transition period 
    specified in the Report and Order as well as the comments that were 
    made on the original FRFA contained in the Report and Order. This 
    Second Memorandum Opinion and Order, including this FRFA, addresses the 
    other issues raised in the petitions. The FRFA conforms to the RFA, as 
    amended by the Contract With America Advancement Act of 1996 (CWAAA), 
    Public Law 104-121, 110 Stat. 847 (1996).
    
    I. Need for and Purpose of This Action
    
        13. 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 
    radiofrequency (RF) exposure guidelines for purposes of evaluating 
    potential environmental effects of RF electromagnetic fields produced 
    by FCC-regulated facilities. The new guidelines reflect more recent 
    scientific studies of the biological effects of RF electromagnetic 
    fields. Use of these new guidelines will ensure that the public and 
    workers receive adequate protection from exposure to potentially 
    harmful RF electromagnetic fields. This Second Memorandum Opinion and 
    Order addresses a number of concerns that were raised in petitions and 
    comments received in response to the Report and Order.
    
    II. Summary of Issues Raised by the Public Comments in Response to the 
    Initial Regulatory Flexibility Analysis (IFRA)
    
        14. No comments were filed in direct response to the IRFA. In 
    general comments on the NPRM, however, some commenters raised issues 
    that might affect small entities. These issues were discussed in the 
    FRFA contained in the Report and Order in this proceeding.
    
    III. Summary of Issues Raised Regarding the Final Regulatory 
    Flexibility Analysis (FRFA) by the Petitions, Motions, and Comments in 
    Response to the Report and Order
    
        15. The American Radio Relay League, Inc., Paging Network, Inc., 
    and the Personal Communications Industry Association raised concerns in 
    their petitions, motions and comments regarding the FRFA that was 
    associated with the Report and Order. Those concerns were addressed in 
    the revised FRFA contained in the First Memorandum Opinion and Order in 
    this proceeding.
    
    IV. Description and Estimate of the Small Entities Subject to the 
    Rules
    
        16. The rules being adopted in this Second Memorandum Opinion and 
    Order apply to twelve industry categories and services. All but one of 
    these industry categories and services was described in the FRFA 
    accompanying the First Memorandum Opinion and Order in this proceeding. 
    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
    
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    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 within each of these services or the number of small 
    businesses 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.
        17. Under the new rules adopted in the Report and Order and in this 
    Second Memorandum Opinion and Order, many radio services are 
    categorically excluded from having to determine compliance with the new 
    RF exposure limits. This exclusion is based on a determination that 
    there is little potential for these services causing exposures in 
    excess of the limits. Within the following services that are not 
    categorically excluded in their entirety, many transmitting facilities 
    are 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. Furthermore, the extension of the transition periods 
    contained in the First Memorandum Opinion and Order will reduce the 
    impact on applicants, particularly small businesses, by allowing them 
    adequate time to understand the new requirements and ensure that their 
    facilities are in compliance with them in a orderly and reasonable 
    manner.
        18. As noted above, descriptions and estimates of all of the 
    categories and services for small entities subject to our rules, except 
    one, were previously given in the FRFRA that accompanied the First 
    Memorandum Opinion and Order. Therefore, that document should be 
    consulted for this information. Information on the one additional 
    category not included in the earlier FRFA, radiofrequency devices, is 
    given below. Minor edits were also made in the section of the previous 
    FRFA for satellite communications services, and the revised section is 
    also given below.
    
    A. Satellite Communications Services
    
        19. 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 Communications 
    Services, Not Elsewhere Classified. This definition provides that a 
    small entity is expressed as one with $11.0 million or less in annual 
    receipts.
        20. Because the Regulatory Flexibility Act amendments were not in 
    effect until the comment period for this proceeding was closed, the 
    Commission was unable to request information regarding the number of 
    licensees in the international services discussed below that meet this 
    definition of a small business. Thus, we are providing an estimate of 
    licensees that constitute a small business.
        21. Fixed Satellite Earth Stations. Fixed satellite earth stations 
    include international and domestic earth stations operating in the 4/6 
    GHZ, 11/12/14 GHZ and 20/30 GHZ bands. 
    There are approximately 4200 earth station authorizations, a portion of 
    which are Fixed Satellite Earth Stations. Although we were unable to 
    request the revenue information, we estimate that some of the licensees 
    of these earth stations would constitute a small business under the SBA 
    definition.
        22. Fixed Satellite Small Earth Stations. Small transmit/receive 
    earth stations operate in the 4/6 GHZ frequency bands with 
    antennas that are two meters or less in diameter. There are 4200 earth 
    station authorizations, a portion of which are Fixed Satellite Small 
    Earth Stations. Although we were unable to request the revenue 
    information, we estimate that some of the fixed satellite small earth 
    stations would constitute a small business under the SBA definition.
        23. Fixed Satellite Very Small Aperture Terminal (VSAT) Systems. 
    VSAT systems operate in the 12/14 GHZ frequency bands. 
    Although various size small aperture antenna earth-stations may be 
    used, all stations of a particular size must be technically identical. 
    Because these stations operate on a primary basis, frequency 
    coordination with terrestrial microwave systems is not required. Thus, 
    a single ``blanket'' application may be filed for a specified number of 
    small antennas and one or more hub stations. The Commission has 
    processed 377 applications for fixed satellite VSAT systems. At this 
    time, we are unable to make a precise estimate of the number of small 
    businesses that are VSAT system licensees and could be impacted by this 
    action.
        24. Mobile Satellite Earth Stations. Mobile satellite earth 
    stations are intended to be used while in motion or during halts at 
    unspecified points. These stations operate as part of a network that 
    includes a fixed hub station or stations. The network may provide a 
    variety of land, maritime and aeronautical voice and data services. 
    There are 8 mobile satellite licensees. At this time, we are unable to 
    make a precise estimate of the number of small businesses that are 
    mobile satellite earth station licensees and could be impacted by this 
    action.
        25. Radio Determination Satellite Earth Stations. A radio 
    determination satellite earth station is used in conjunction with a 
    radio determination satellite service (rdss) system for the purpose of 
    providing position location information. These stations operate as part 
    of a network that includes a fixed hub station or stations and operate 
    in the frequency bands (1610-1626.5 MHZ and 2483.5-2500 
    MHZ) allocated to rdss. At this time, we are unable to make 
    a precise estimate of the number of small businesses that are radio 
    determination satellite earth station licensees and could be impacted 
    by the forfeiture guidelines.
        26. 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. 
    Overall, the Commission receives about 600 applications for satellite 
    facilities per year. All applicants for satellite earth stations 
    (except for receive-only stations) must make a determination of 
    compliance with the RF exposure limits, based on calculations or 
    measurements.
    
    B. Radiofrequency Devices
    
        27. 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.
        28. 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, 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.
    
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        29. 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.
        30. The Commission has not yet authorized any millimeter wave 
    devices, and has authorized fewer than fifteen 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.
        31. The Commission anticipates that approximately 30 applications 
    will be filed annually for devices that operate in the millimeter band 
    and unlicensed PCS spectrum. An initial determination of compliance 
    with our new RF guidelines will be required for: (1) Applications for 
    unlicensed PCS devices that do not meet our definition for a portable 
    device contained in 47 CFR Sec. 2.1093(b) and that operate with 1.5 
    watts effective radiated power (ERP) or more; (2) applications for 
    portable unlicensed PCS devices; (3) applications for unlicensed 
    millimeter wave devices that do not meet our definition for a portable 
    device and that operate with 3 watts ERP or more; and (4) applications 
    for portable unlicensed millimeter wave devices. We anticipate that 20 
    of the 30 applications filed will meet these requirements and need to 
    undergo an initial determination of compliance. Of these devices, ten 
    will require specific absorption rate (SAR) modeling or measurement, 
    which adds cost to the authorization process.
    
    V. Summary of Projected Reporting, Recordkeeping and Other 
    Compliance Requirements
    
        32. No new reporting, recordkeeping, or other compliance 
    requirements are contained in this Second Memorandum Opinion and Order.
    
    VI. Steps Taken to Minimize the Economic Impact on Small Entities
    
        33. We have made every effort to devise ways to minimize the impact 
    of the new RF exposure requirements on small entities, while protecting 
    the health and safety of the public. We have incorporated substantial 
    flexibility in the procedures to make compliance as minimally 
    burdensome as possible.
        In particular, we took the following steps in the Report and Order 
    to ease the impact on small businesses:
        a. We created categorical exclusions that require only those 
    transmitters that appear to have the highest potential to create a 
    significant environmental effect to perform an environmental 
    evaluation.
        b. We indicated that we would revise OST Bulletin No. 65 in the 
    near future 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.
        c. We allowed 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.
        d. We rejected our initial proposal to adopt induced and contact 
    currents limits due to the lack of reliable equipment available.
        e. We 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.
        f. We have 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 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.
        34. In this First Memorandum Opinion and Order, we took the 
    following additional steps to reduce the burden on small businesses and 
    organizations:
        a. We extended the transition period for station applicants to come 
    into compliance with the new requirements. This will give licensees, 
    and applicants for new stations many of which may be small businesses, 
    more time to learn the nature of the new requirements, make studies to 
    determine whether they comply, and take steps to come into compliance 
    if necessary.
        b. We decided to permit the required changes in the ARS 
    examinations to be made as the examinations are being routinely 
    revised. This ensures that a minimal burden is put on the small 
    organizations acting as VECs.
        35. In this Second Memorandum Opinion and Order, we have taken 
    these additional steps to reduce the burden on small businesses and 
    organizations:
        a. We categorically excluded from routine environmental evaluation 
    certain non-portable, unlicensed millimeter wave and PCS devices. This 
    eliminates the need for these devices to undergo detailed evaluation 
    before the devices undergo equipment authorization.
        b. We increased the responsibility threshold, above which licensees 
    at multiple transmitter locations must share responsibility for 
    addressing RF exposure non-compliance problems, from 1% to 5%. We 
    believe that a 5% responsibility threshold will offer relief to 
    relatively low-powered site occupants who do not contribute 
    significantly to the non-compliance and, at the same time, provide for 
    the appropriate allocation of responsibility among major site emitters. 
    Similarly, we are raising the filing thresholds, above which applicants 
    must file an EA if emissions from the applicant's transmitter or 
    facility would result in a field strength or power density in excess of 
    our limits, from 1% to 5%. 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
    
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    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.
        (c) Before causing or allowing an amateur station to transmit from 
    any place where the operation of the station could cause human exposure 
    to RF electromagnetic field levels in excess of those allowed under 
    Sec. 1.1310 of this chapter, the licensee is required to take certain 
    actions.
        (1) The licensee must perform the routine RF environmental 
    evaluation prescribed by Sec. 1.1307(b) of this chapter, if the 
    transmitter PEP exceeds the following limits:
    
    List of Subjects
    
    47 CFR Part 1
    
        Radio, Reporting and recordkeeping requirements.
    
    47 CFR Part 2
    
        Radio, Reporting and recordkeeping requirements.
    
    47 CFR Part 26
    
        Radio.
    
    47 CFR Part 97
    
        Radio, Reporting and recordkeeping requirements.
    
    Rule Changes
    
        Title 47 of the Code of Federal Regulations, parts 1, 2, 26 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, and Section 704 of the Telecommunications Act of 1996.
    
        2. Section 1.1307 is amended by revising paragraphs (b)(1), (b)(2), 
    (b)(3) and (b)(4) introductory text and by adding paragraph (b)(5) to 
    read as follows:
    
    
    Sec. 1.1307  Actions that may have a significant environmental effect, 
    for which Environmental Assessments (EAs) must be prepared.
    
    * * * * *
        (b) * * *
        (1) The appropriate exposure limits in Sec. 1.1310 and Sec. 2.1093 
    of this chapter 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 or Sec. 2.1093 of 
    this chapter (routine environmental evaluation), 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, ``building-mounted antennas'' means antennas mounted in or on 
    a building structure that is occupied as a workplace or residence. 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 the Specialized Mobile Radio Service, 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 owned and operated by a single 
    licensee. 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    Power > 100 W ERP (164 W EIRP).          
     (part 5).                                                              
    Multipoint Distribution        Non-building-mounted antennas: height    
     Service (subpart K of part     above ground level to lowest point of   
     21).                           antenna < 10="" m="" and="" power=""> 1640 W EIRP. 
                                   Building-mounted antennas: power > 1640 W
                                    EIRP.                                   
    Paging and Radiotelephone      Non-building-mounted antennas: height    
     Service (subpart E of part     above ground level to lowest point of   
     22).                           antenna < 10="" m="" and="" power=""> 1000 W ERP   
                                    (1640 W EIRP).                          
                                   Building-mounted antennas: power > 1000 W
                                    ERP (1640 W EIRP).                      
    Cellular Radiotelephone        Non-building-mounted antennas: height    
     Service (subpart H of part     above ground level to lowest point of   
     22).                           antenna < 10="" m="" and="" total="" power="" of="" all="" channels=""> 1000 W ERP (1640 W EIRP).    
                                   Building-mounted antennas: total power of
                                    all channels > 1000 W ERP (1640 W EIRP).
    Personal Communications        (1) Narrowband PCS (subpart D): non-     
     Services (part 24).            building-mounted antennas: height above 
                                    ground level to lowest point of antenna 
                                    < 10="" m="" and="" total="" power="" of="" all="" channels="">
                                    1000 W ERP (1640 W EIRP).               
                                   Building-mounted antennas: total power of
                                    all channels > 1000 W ERP (1640 W EIRP).
                                   (2) Broadband PCS (subpart E): non-      
                                    building-mounted antennas: height above 
                                    ground level to lowest point of antenna 
                                    < 10="" m="" and="" total="" power="" of="" all="" channels="">
                                    2000 W ERP (3280 W EIRP).               
                                   Building-mounted antennas: total power of
                                    all channels > 2000 W ERP (3280 W EIRP).
    Satellite Communications       All included.                            
     (part 25).                                                             
    General Wireless               Total power of all channels > 1640 W     
     Communications Service (part   EIRP.                                   
     26).                                                                   
    Wireless Communications        Total power of all channels > 1640 W     
     Service (part 27).             EIRP.                                   
    Radio Broadcast Services       All included.                            
     (part 73).                                                             
    Experimental, auxiliary, and   Subparts A, G, L: power > 100 W ERP.     
     special broadcast and other   Subpart I: non-building-mounted antennas:
     program distributional         height above ground level to lowest     
     services (part 74).            point of antenna < 10="" m="" and="" power=""> 1640
                                    W EIRP.                                 
                                   Building-mounted antennas: power > 1640 W
                                    EIRP.                                   
    Stations in the Maritime       Ship earth stations only.                
     Services (part 80).                                                    
    
    [[Page 47966]]
    
                                                                            
    Private Land Mobile Radio      Non-building-mounted antennas: height    
     Services Paging Operations     above ground level to lowest point of   
     (part 90).                     antenna < 10="" m="" and="" power=""> 1000 W ERP   
                                    (1640 W EIRP).                          
                                   Building-mounted antennas: power > 1000 W
                                    ERP (1640 W EIRP).                      
    Private Land Mobile Radio      Non-building-mounted antennas: height    
     Services Specialized Mobile    above ground level to lowest point of   
     Radio (part 90).               antenna < 10="" m="" and="" total="" power="" of="" all="" channels=""> 1000 W ERP (1640 W EIRP).    
                                   Building-mounted antennas:               
                                   Total power of all channels > 1000 W ERP 
                                    (1640 W EIRP).                          
    Amateur Radio Service (part    Transmitter output power > levels        
     97).                           specified in Sec.  97.13(c)(1) of this  
                                    chapter.                                
    Local Multipoint Distribution  Non-building-mounted antennas: height    
     Service (subpart L of part     above ground level to lowest point of   
     101).                          antenna < 10="" m="" and="" power=""> 1640 W EIRP. 
                                   Building-mounted antennas: power > 1640 W
                                    EIRP.                                   
                                   LMDS licensees are required to attach a  
                                    label to subscriber transceiver antennas
                                    that:                                   
                                   (1) provides adequate notice regarding   
                                    potential radiofrequency safety hazards,
                                    e.g., information regarding the safe    
                                    minimum separation distance required    
                                    between users and transceiver antennas; 
                                    and                                     
                                   (2) references the applicable FCC-adopted
                                    limits for radiofrequency exposure      
                                    specified in Sec.  1.1310 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 General Wireless 
    Communications Service, the Wireless Communications Service, the 
    Maritime Services (ship earth stations only) and the Specialized Mobile 
    Radio Service authorized under subpart H of parts 22, 24, 25, 26, 27, 
    80, and 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. Unlicensed PCS, 
    unlicensed NII and millimeter wave devices are also subject to routine 
    environmental evaluation for RF exposure prior to equipment 
    authorization or use, as specified in Secs. 15.253(f), 15.255(g), and 
    15.319(i) and 15.407(f) 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 are 
    the shared responsibility of all licensees whose transmitters produce, 
    at the area in question, power density levels that exceed 5% of the 
    power density exposure limit applicable to their particular transmitter 
    or field strength levels that, when squared, exceed 5% of the square of 
    the electric or magnetic field strength limit applicable to their 
    particular transmitter. Owners of transmitter sites are expected to 
    allow applicants and licensees to take reasonable steps to comply with 
    the requirements contained in Sec. 1.1307(b) and, where feasible, 
    should encourage co-location of transmitters and common solutions for 
    controlling access to areas where the RF exposure limits contained in 
    Sec. 1.1310 might be exceeded.
        (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, at the area in question, in a 
    power density that exceeds 5% of the power density exposure limit 
    applicable to that transmitter or facility or in a field strength that, 
    when squared, exceeds 5% of the square of the electric or magnetic 
    field strength 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, at the area in question, in a power 
    density that exceeds 5% of the power density exposure limit applicable 
    to that transmitter or facility or in a field strength that, when 
    squared, exceeds 5% of the square of the electric or magnetic field 
    strength limit applicable to that transmitter of facility.
        (4) Transition Provisions. For applications filed with the 
    Commission prior to October 15, 1997, (or January 1, 1998, for the 
    Amateur Radio Service only), 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 (b)(4)(iii) of this section. 
    These transition provisions do not apply to applications for equipment 
    authorization or use of mobile, portable and unlicensed devices 
    specified in paragraph (b)(2) of this section.
    * * * * *
        (5) Existing transmitting facilities, devices and operations: All 
    existing transmitting facilities, operations and devices regulated by 
    the Commission must be in compliance with the requirements of 
    paragraphs (b)(1) through (b)(3) of this section by September 1, 2000, 
    or, if not in compliance, file an Environmental Assessment as specified 
    in Sec. 1.1311.
    * * * * *
    
    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. Section 2.1091 is amended by revising the section heading, 
    paragraphs (b), (c) and (d)(3) and adding new paragraph (d)(4) to read 
    as follows:
    
    
    Sec. 2.1091  Radiofrequency radiation exposure evaluation: mobile 
    devices.
    
    * * * * *
    
    [[Page 47967]]
    
        (b) For purposes of this section, a mobile device is defined as a 
    transmitting device designed to be used in other than fixed locations 
    and to generally be used in such a way that a separation distance of at 
    least 20 centimeters is normally maintained between the transmitter's 
    radiating structure(s) and the body of the user or nearby persons. In 
    this context, the term ``fixed location'' means that the device is 
    physically secured at one location and is not able to be easily moved 
    to another location. Transmitting devices designed to be used by 
    consumers or workers that can be easily re-located, such as wireless 
    devices associated with a personal computer, are considered to be 
    mobile devices if they meet the 20 centimeter separation requirement.
        (c) Mobile devices that operate in the Cellular Radiotelephone 
    Service, the Personal Communications Services, the Satellite 
    Communications Services, the General Wireless Communications Service, 
    the Wireless Communications Service, 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 
    26 of this chapter, part 27 of this chapter, part 80 of this chapter 
    (ship earth stations devices only) and part 90 of this chapter are 
    subject to routine environmental evaluation for RF exposure prior to 
    equipment authorization or use if they operate at frequencies of 1.5 
    GHz or below and their effective radiated power (ERP) is 1.5 watts or 
    more, or if they operate at frequencies above 1.5 GHz and their ERP is 
    3 watts or more. Unlicensed personal communications service devices, 
    unlicensed millimeter wave devices and unlicensed NII devices 
    authorized under Sec. 15.253, Sec. 15.255, and subparts D and E of part 
    15 of this chapter are also subject to routine environmental evaluation 
    for RF exposure prior to equipment authorization or use if their ERP is 
    3 watts or more or if they meet the definition of a portable device as 
    specified in Sec. 2.1093 (b) requiring evaluation under the provisions 
    of that section. All other mobile and unlicensed transmitting devices 
    are categorically excluded from routine environmental evaluation for RF 
    exposure prior to equipment authorization or use, 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) * * *
        (3) If appropriate, compliance with exposure guidelines for devices 
    in this section 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) In some cases, e.g., modular or desktop transmitters, the 
    potential conditions of use of a device may not allow easy 
    classification of that device as either mobile or portable (also see 
    Sec. 2.1093). In such cases, applicants are responsible for determining 
    minimum distances for compliance for the intended use and installation 
    of the device based on evaluation of either specific absorption rate 
    (SAR), field strength or power density, whichever is most appropriate.
        3. Section 2.1093 is amended by revising paragraphs (b), (c) and 
    (d) introductory text to read as follows:
    
    
    Sec. 2.1093  Radiofrequency radiation exposure evaluation: portable 
    devices.
    
    * * * * *
        (b) For purposes of this section, a portable device is defined as a 
    transmitting device designed to be used so that the radiating 
    structure(s) of the device is/are within 20 centimeters of the body of 
    the user.
        (c) Portable devices that operate in the Cellular Radiotelephone 
    Service, the Personal Communications Services, the Satellite 
    Communications services, the General Wireless Communications Service, 
    the Wireless Communications Service, 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 
    26 of this chapter, part 27 of this chapter, part 80 of this chapter 
    (ship earth station devices only), part 90 of this chapter, and 
    portable unlicensed personal communication service, unlicensed NII 
    devices and millimeter wave devices authorized under Sec. 15.253, 
    Sec. 15.255 or subparts D and E 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 or use, 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 specified in paragraphs (d)(1) and (d)(2) 
    of this section and shall apply for portable devices transmitting in 
    the frequency range from 100 kHz to 6 GHz. Portable devices that 
    transmit at frequencies above 6 GHz are to be evaluated in terms of the 
    MPE limits specified in Sec. 1.1310 of this chapter. Measurements and 
    calculations to demonstrate compliance with MPE field strength or power 
    density limits for devices operating above 6 GHz should be made at a 
    minimum distance of 5 cm from the radiating source.
    * * * * *
    
    PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE
    
        1. The authority citation for part 26 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 26.51 is amended by removing paragraph (d).
        3. Section 26.52 is revised to read as follows:
    
    [[Page 47968]]
    
    Sec. 26.52  RF safety.
    
        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 revising paragraph (c) to read as 
    follows:
    
    
    Sec. 97.13  Restrictions on station location.
    
    * * * * *
    
    ------------------------------------------------------------------------
                                                                 Transmitter
                          Wavelength band                           power   
                                                                   (watts)  
    ------------------------------------------------------------------------
                                       MF                                   
    ------------------------------------------------------------------------
    160 m......................................................          500
    ------------------------------------------------------------------------
                                        HF                                  
    ------------------------------------------------------------------------
    80 m.......................................................          500
    75 m.......................................................          500
    40 m.......................................................          500
    30 m.......................................................          425
    20 m.......................................................          225
    17 m.......................................................          125
    15 m.......................................................          100
    12 m.......................................................           75
    10 m.......................................................           50
    VHF (all bands)............................................           50
    ------------------------------------------------------------------------
                                       UHF                                  
    ------------------------------------------------------------------------
    70 cm......................................................           70
    33 cm......................................................          150
    23 cm......................................................          200
    13 cm......................................................          250
    SHF (all bands)............................................          250
    EHF (all bands)............................................          250
    ------------------------------------------------------------------------
    
        (2) If the routine environmental evaluation indicates that the RF 
    electromagnetic fields could exceed the limits contained in Sec. 1.1310 
    of this chapter in accessible areas, the licensee must take action to 
    prevent human exposure to such RF electromagnetic fields. Further 
    information on evaluating compliance with these limits can be found in 
    the FCC's OET Bulletin 65, ``Evaluating Compliance with FCC-Specified 
    Guidelines for Human Exposure to Radio Frequency Electromagnetic 
    Fields.''
    
    Federal Communications Commission.
    William F. Caton,
    Acting Secretary.
    [FR Doc. 97-24165 Filed 9-11-97; 8:45 am]
    BILLING CODE 6712-01-P
    
    
    

Document Information

Effective Date:
10/15/1997
Published:
09/12/1997
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-24165
Dates:
October 15, 1997.
Pages:
47960-47968 (9 pages)
Docket Numbers:
ET Docket No. 93-62, FCC 97-303
PDF File:
97-24165.pdf
CFR: (9)
47 CFR 2.1093)
47 CFR 1.1307
47 CFR 1.1310
47 CFR 2.1091
47 CFR 2.1093
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