[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Proposed Rules]
[Pages 62159-62161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-29784]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15 and 18

[ET Docket No. 98-80; FCC 99-296]


Conducted Emission Limits

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to revise the limits on the amount of 
radio frequency energy that is permitted to be conducted onto the AC 
power lines. The purpose of these limits is to protect radio services 
operating below 30 MHz from interference. This proposal would harmonize 
the standards on conducted emissions with the international standards 
developed by the International Electrotechnical Commission (IEC), 
International Special Committee on Radio Interference (CISPR). Such 
harmonization will facilitate a global marketplace to the benefit of 
manufacturers and consumers.

DATES: Comments must be submitted on or before January 31, 2000, and 
reply comments on or before February 29, 2000.

ADDRESSES: All filings must be sent to the Commission's Secretary, 
Magalie Roman Salas, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW, TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: John A. Reed, Office of Engineering 
and Technology, (202) 418-2455.

SUPPLEMENTARY INFORMATION: 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

[[Page 62160]]

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).
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    \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).
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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.
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    \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.
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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.


[[Page 62161]]


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