Exclusions

(A) The following radiofrequency facilities are excluded from all requirements of 105 CMR 122.000: (1) Facilities maintained by the Federal government; (2) Radiofrequency machines which are in storage, shipment or on display for sale, provided such machines are not operated; and, (3) Radiofrequency machines not connected to a radiating device. (B) The following radiofrequency facilities are excluded from all requirements of 105 CMR 122.021: (1) All non-fixed radiofrequency machines such as; portable, hand-held and vehicular radiofrequency machines; (2) All scientific and medical machines operating at frequencies designated for that purpose by the FCC and all Class A and B computing devices as defined by FCC; (3) Radiofrequency machines which have an effective radiated power of seven watts or less; and, (4) Radiofrequency machines which are designated and marketed as consumer products (except microwave ovens) such as; citizen band radios, remote control toys. (C) The following radiofrequency facilities and installations involving radiofrequency machines are excluded from the requirements of 105 CMR 122.100: (1) Amateur radio stations licensed or authorized by the FCC; and, (2) Hand-held portable and mobile radios operating between ten kHz and 1GHz with an RF input power to the antenna not exceeding seven watts. (D) The Director may, upon request of any person or upon his own initiative, make such exemption and/or exception to 105 CMR 122.000 in whole or in part as he may deem appropriate.