FCC Issues Notice of Proposed Rule Making
Overview
The FCC released a Notice of Proposed Rule Making on June 26, 2003 that
proposes to amend several aspects of Parts 1 and 2 of the Commission's rules
relating to the compliance of FCC-regulated transmitters and facilities and
human exposure to radiofrequency (RF) energy. The comment period is
90 days.
Proposed Changes
Quoting the FCC, "... we are proposing modifications in those rules to
provide more efficient, practical, and consistent application of compliance
procedures. More specifically, we are proposing to:
-
revise and harmonize the criteria for determining
whether transmitters used in a number of services are subject to routine
evaluation for compliance wit the RF exposure limits or are categorically
excluded from such evaluations;
-
clarify the procedures for evaluating RF exposure
from mobile and portable devices, including modular transmitters;
-
add more specific definitions and compliance
procedures relating to RF exposure of workers (occupational exposure);
-
develop consistent labeling requirements to ensure
the compliance of certain types of RF devices;
-
consider certain issues related to spatial
averaging of exposure, including how to account for localized exposures whose
spatial peak measurement might exceed the exposure limits;
-
make certain changes in our rules to eliminate
inappropriate references or to make evaluation procedures consistent and
complete; and
-
provide a transition period for the implementation
of any new rules.
We invite comment and suggestions on these proposals..."
RF Safety Solutions' Analysis
Unless your company is involved with the manufacture of consumer products,
most organizations should pay attention to three areas of the proposed changes:
-
Categorical Exclusions: There
will be fewer categorical exclusions. If members of the general public
can get within 3 meters of the antenna, the emitter will no longer be
categorically excluded even if the power level is less than 100 W ERP.
This is particularly important when one considers the requirements to be
considered for Occupational/Controlled exposure rather than the far more
restrictive General Population/Uncontrolled exposure.
-
Occupational/Controlled exposure versus
General Population/Uncontrolled exposure: Nothing in the FCC
rules has caused more confusion than interpreting what is needed to qualify as
an Occupational/Controlled exposure. Many of RF Safety Solutions'
clients have been surprised that their facilities and workers were subject to
the far more restrictive Maximum Permissible Exposure limits for General
Population/Uncontrolled exposure. The FCC's rules have always made
reference to the terms "fully aware" and the ability to "exercise control"
over ones exposure. The new proposed rules provide some important
additional details that help define these two critical requirements.
-
Spatial Averaging: The FCC
rules currently do not discuss spatial averaging. However, the
Commission has gone on record as supporting the use of spatial averaging where
appropriate when conducting evaluations of sites. The proposed rule
changes clearly state that the Commission is in favor of using spatial
averaging. However, rather than defining a specific technique, it
invites comment on the application, limits, and technique to be used.
Occupational/Controlled exposure:
The rules state that the occupational/controlled limits apply "in situations in
which persona 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." The limits for occupational/controlled exposure also
apply "in situations where an individual is transient through a location
where occupation/controlled limits apply provided he or she is made aware of the
potential for exposure." The general population/uncontrolled exposure
limits apply "in situations in which the general public may be exposed, or in
which persons that are exposed as consequence of their employment may not
be fully aware of the potential for exposure or cannot exercise control over
their exposure." The proposed rule intends to add a note that states:
