Conducted Emission Limits

This is a summary of the Commission's Notice of Proposed Rule Making in ET Docket No. 98-80, adopted October 13, 1999, and released October 18, 1999. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Center (Room CY-A257), 445 12th Street, SW, Washington, DC, and also may be purchased from the Commission's copy contractor, International Transcription Services, Inc., (202) 857-3800, 1231 20th Street, NW, Washington, DC 20036.

Summary of the Notice of Proposed Rule Making

1. In the Notice of Proposed Rule Making, the Commission proposes to amend parts 15 and 18 of its rules regarding the limits on the amount of radio frequency (RF) energy that is permitted to be conducted onto the AC power lines. The devices regulated under parts 15 and 18 include personal computers, TV and FM receivers, RF lighting devices, microwave ovens, induction cooking ranges and ultrasonic equipment. The conducted RF energy can cause interference to radio communications via two possible paths. First, the RF energy may be carried along the electrical wiring to another device that is also connected to the electrical wiring. Second, at frequencies below 30 MHz where wavelengths are greater than 10 meters, the long stretches of electrical wiring can act as very efficient antennas permitting the RF energy to be radiated over the airwaves. 2. Under parts 15 and 18 of the rules, the potential for interference below 30 MHz is controlled by limiting the levels of RF energy that may be conducted onto the AC power lines. The current standards are based largely on limits that were developed in the late 1970s for digital devices. Accordingly, on May 29, 1998, the Commission adopted a Notice of Inquiry (``NOI''), 63 FR 34618, June 25, 1998, in this proceeding to review the conducted emission limits applicable to equipment operating under parts 15 and 18 of its rules. In the NOI, the Commission designated this proceeding as parts of its 1998 biennial review of regulations pursuant to section 11 of the Communications Act of 1934, as amended. Section 11 requires the Commission to review all of its regulations applicable to providers of telecommunications services and determine whether any rule is no longer in the public interest as a result of meaningful economic competition between providers of telecommunications services. While a review of the regulations regarding conducted emission limits for products subject to parts 15 and 18 of the rules is not specifically encompassed by section 11 of the Communications Act of 1934, this review is consistent with the objectives and spirit of section 11. As part of our biennial review, the Commission stated that its goal in this proceeding, among other things, was to examine whether the regulations on conducted emission limits continue to be necessary. It also sought information on the costs of complying with these

regulations and whether these regulations impede new technologies. 3. Based on the comments filed in response to the NOI, the Commission is proposing a number of changes to its rules to reduce the burden of these regulations. Specifically, it is proposing to amend the conducted emission limits to make them generally consistent with international standards developed by the International Electrotechnical Commission (IEC), International Special Committee on Radio Interference (CISPR). The specific proposals are shown below. Consistency with the international standards will promote a global marketplace that will reduce costs for manufacturers and consumers. The Commission is proposing to adopt conducted emission limits for part 18 consumer products, such as microwave ovens, that currently are subject only to radiated emission limits. The Commission also proposes an alternative measurement procedure for part 15 transmitters operating below 30 MHz where the responsible party may demonstrate that the total radiated emissions from the device, including emissions at the fundamental frequency that are conducted onto, and radiated from, the AC power lines, do not exceed the radiated emission limits; such transmitters would not be required to demonstrate compliance with the AC power line conducted limits at the fundamental frequency. 4. Comments are invited on the proposed standards, as well as the expansion of the frequency ranges over which conducted emissions are applied. Comments are also invited on whether these standards will adequately protect communications services against interference and on how compliance with international standards may affect product costs. 5. Comments are also sought on whether a limit on power line conducted emissions could be used by carrier current systems as an optional alternative method of demonstrating compliance with the radiated emission limits outside of the AM broadcast band. In addition, comments are sought on the proposal to clarify when radiated emission measurements below 30 MHz are required for unintentional radiators operating under part 15 of the rules. 6. The Commission proposes that the regulations contained in the Notice of Proposed Rule Making become effective for all part 15 and 18 products subsequently authorized under a grant of certification, a Declaration of Conformity, or verification one year or more from the date of publication of the resulting Report and Order in the Federal Register. It also proposes that all products comply with these standards if they are imported or manufactured on or after three years from the date of publication of the Report and Order in the Federal Register.

Initial Regulatory Flexibility Analysis

7. As required by the Regulatory Flexibility Act (RFA),\1\ the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the possible 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 this Notice, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. See 5 U.S.C. 603(a). ---------------------------------------------------------------------------

\1\ 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). ---------------------------------------------------------------------------

Need for, and Objectives of, the Proposed Rule

8. This rule making proposal is initiated to obtain comments regarding proposed changes to the regulations for radio frequency devices that do not require a license to operate. The Commission seeks to determine if its standards regarding the amount of radio frequency energy permitted to be conducted onto the AC power lines should be amended.

Legal Basis

9. The proposed action is taken pursuant to sections 4(i), 301, 302, 303(e), 303(f), and 303(r) of the Communications Act 10 1934, as amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), and 303(r).

Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply

10. For purposes of this Notice, the RFA defines a ``small business'' to be the same as a ``small business concern'' under the Small Business Act, 15 U.S.C. 632, unless the Commission has developed one or more definitions that are appropriate to its activities.\2\ Under the Small Business Act, a ``small business concern'' is one that: (1) is independently owned and operated; (2) is not dominant in its field of operations; and (3) meets any additional criteria established by the Small Business Administration (SBA).\3\ SBA has defined a small business for Standard Industrial Classification (SIC) category 4812 (Radiotelephone Communications) to be small entities when they have fewer than 1500 employees.\4\ Given this definition, nearly all such companies are considered small. ---------------------------------------------------------------------------

\2\ See 5 U.S.C. 601(3) incorporating by reference the definition of ``small business concern'' in 5 U.S.C. 632. \3\ See 15 U.S.C. 632. \4\ See 13 CFR 121.201. ---------------------------------------------------------------------------

Description of Projected Reporting, Recordkeeping and Other Compliance Requirements

11. Part 15 and part 18 radio frequency devices are already required to be authorized under the Commission's certification, Declaration of Conformity, or verification procedures as a prerequisite to marketing and importation. The reporting and recordkeeping requirements associated with these equipment authorizations would not be changed by the proposals contained in the Notice. While most part 15 devices already are subject to standards on the amount of radio frequency energy that can be placed on the AC power lines, different limits are being proposed in the Notice. In most cases, depending on the bandwidth of the emission placed on the AC power lines, the emission limits are being relaxed from the current standards. Most part 18 products, such as microwave ovens, are not currently subject to limits on the amount of radio frequency energy that can be placed on the AC power lines. The limits proposed in this Notice would be new requirements. To reduce any perceived burden of compliance with the proposed standards, the Commission is proposing to adopt internationally-recognized standards that currently are specified in the European Union and other countries. This will permit manufacturers of all sizes to market their equipment globally.

Significant Alternatives to Proposed Rules Which Minimize Significant Economic Impact on Small Entities and Accomplish Stated Objectives

12. None.

Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rule

13. None.

Federal Communications Commission. Magalie Roman Salas, Secretary. [FR Doc. 99-29784 Filed 11-15-99; 8:45 am] BILLING CODE 6712-01-P