[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31044-31051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14319]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 2 and 15

[ET Docket No. 95-19; FCC 96-208]


Streamlining the Equipment Authorization Procedures for Digital 
Devices

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: These rules deregulate the equipment authorization 
requirements for personal computers and personal computer peripherals 
by relaxing the equipment authorization procedures to provide a new 
self-authorization process based on a manufacturer's or supplier's 
declaration of compliance. These changes were made to reduce the 
regulatory burden on computer manufacturers and assemblers. This action 
will save industry approximately $250 million annually, permit products 
to reach the marketplace more quickly and stimulate competition in the 
computer industry.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT: John A. Reed at (202) 418-2455 and 
Anthony Serafini at 418-2456, Office of Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in ET Docket No. 95-19, FCC 96-208, adopted May 9, 1996 and 
released May 14, 1996. The complete text of this Report and Order is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington, 
DC, and also may be purchased from the Commission's copy contractor, 
International Transcription Services, Inc., (202) 857-3800, 2100 M 
Street, NW., Suite 140, Washington, DC 20037.

Summary of the Report and Order

    1. By this action, the Commission is streamlining the equipment 
authorization requirements for personal computers and personal computer 
peripherals. The item adopts a new ``Declaration of Conformity'' (DoC) 
procedure that will permit these devices to be authorized based on a 
manufacturer's or supplier's declaration that the computer product 
conforms with all FCC requirements. Under this procedure, a 
manufacturer or equipment supplier will test a product to ensure 
compliance with our standards for limiting radio frequency (RF) 
emissions and will include a statement, attesting to compliance with 
those standards in the literature furnished with the product. We are 
also permitting the marketing of personal computers assembled from 
separate components that have themselves been authorized under a DoC. 
In such cases, no further testing of the completed assembly will be 
required.
    2. We anticipate that these rule changes will save industry 
approximately $250 million annually in administrative expenses, while 
continuing to provide the same level of protection against harmful 
interference from personal computing devices to radio communication 
services. In addition, the new rules will eliminate the need for 
manufacturers to obtain FCC approval before marketing new personal 
computer products and thus will allow such products to reach the 
marketplace more quickly. We also believe that our relaxation of the 
existing regulations, which can be particularly burdensome for small 
manufacturers, will stimulate competition in the computer industry. 
Further, these changes will align our equipment authorization 
requirements for personal computers with those used in other parts of 
the world. This action is consistent with new authority provided in the 
Telecommunications Act of 1996 that permits the Commission to authorize 
the use of private organizations for testing and certifying the 
compliance of devices or home electronics equipment and systems with 
FCC regulations.
    3. Accordingly, it is ordered that Parts 0, 2 and 15 of the 
Commission's Rules and Regulations are amended as specified below, 
effective August 19, 1996. It is also ordered that the proceeding in 
GEN Docket No. 90-413 is terminated. The authority for issuance of this 
Report and Order is contained in Sections 4(i), 301, 302, 303(e), 
303(f), 303(r), 304 and 307 of the Communications Act of 1934, as 
amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), 303(r), 
304 and 307.

Final Regulatory Flexibility Analysis

    Pursuant to 5 U.S.C. Section 603, an Initial Regulatory Flexibility 
Analysis was incorporated in the Notice of Proposed Rule Making (NPRM) 
in ET Docket No. 95-19, FCC 95-46, 60 FR 15116, March 22, 1995. Written 
comments on the proposals in the NPRM, including the Regulatory 
Flexibility Analysis, were requested.

[[Page 31045]]

The following Final Regulatory Analysis has been prepared:
    1. Need and purpose of this action: This action determines the 
standards, test procedures, and equipment authorization requirements 
that will be applied to personal computers in order: (1) To reduce 
regulatory burdens on computer manufacturers; (2) to remove impediments 
to flexible system design and construction techniques for computers; 
and, (3) to reduce the potential for interference to radio services by 
improving our ability to ensure that personal computers comply with our 
standards.
    2. Summary of the issues raised by the public comments in response 
to the Initial Regulatory Flexibility Analysis: No commenting parties 
raised issues specifically in response to the initial regulatory 
flexibility analysis.
    3. Significant alternatives considered: None.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies).

47 CFR Part 2

    Imports, Radio, Reporting and recordkeeping requirements.

47 CFR Part 15

    Computer technology, Reporting and recordkeeping requirements.

Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.

Rule Changes

    Title 47 of the Code of Federal Regulations, Parts 0, 2 and 15 are 
amended as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for Part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

    2. Section 0.241 is amended by adding a new paragraph (g) to read 
as follows:


Sec. 0.241  Authority delegated.

* * * * *
    (g) The Chief of the Office of Engineering and Technology is 
authorized to enter into agreements with the National Institute of 
Standards and Technology and other accreditation bodies to perform 
accreditation of test laboratories pursuant to Sec. 2.948(d) of this 
chapter. In addition, the Chief is authorized to make determinations 
regarding the continued acceptability of individual accrediting 
organizations and accredited laboratories.

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 2.805 is revised to read as follows:


Sec. 2.805  Equipment that does not require Commission approval.

    In the case of a radio frequency device that, in accordance with 
the rules in this chapter, does not have to have a grant of equipment 
authorization issued by the Commission, e.g., a device subject to 
verification or a Declaration of Conformity, but, nevertheless, must 
comply with specified technical standards prior to use, no person shall 
sell or lease, or offer for sale or lease (including advertising for 
sale or lease), or import, ship or distribute for the purposes of 
selling or leasing or offering for sale or lease, any such radio 
frequency device unless, prior thereto, such device complies with the 
applicable administrative and technical provisions (including 
verification or Declaration of Conformity of the equipment, where 
required) specified in the Commission's rules.
    3. Section 2.901 is revised to read as follows:


Sec. 2.901  Basis and purpose.

    (a) In order to carry out its responsibilities under the 
Communications Act and the various treaties and international 
regulations, and in order to promote efficient use of the radio 
spectrum, the Commission has developed technical standards for radio 
frequency equipment and parts or components thereof. The technical 
standards applicable to individual types of equipment are found in that 
part of the rules governing the service wherein the equipment is to be 
operated. In addition to the technical standards provided, the rules 
governing the service may require that such equipment be verified by 
the manufacturer or importer, be authorized under a Declaration of 
Conformity, or receive an equipment authorization from the Commission 
by one of the following procedures: type approval, type acceptance, 
certification, registration or notification.
    (b) The following sections describe the verification procedure, the 
procedure for a Declaration of Conformity, and the procedures to be 
followed in obtaining type approval, type acceptance, certification or 
notification from the Commission and the conditions attendant to such a 
grant.
    4. A new Sec. 2.906 is added to read as follows:


Sec. 2.906  Declaration of Conformity.

    (a) A Declaration of Conformity is a procedure where the 
responsible party, as defined in Sec. 2.909, makes measurements or 
takes other necessary steps to ensure that the equipment complies with 
the appropriate technical standards. Submittal of a sample unit or 
representative data to the Commission demonstrating compliance is not 
required unless specifically requested pursuant to Sec. 2.1076.
    (b) The Declaration of Conformity attaches to all items 
subsequently marketed by the responsible party which are identical, as 
defined in Sec. 2.908, to the sample tested and found acceptable by the 
responsible party.
    5. Section 2.909 is amended by revising the introductory text and 
by adding a new paragraph (c) to read as follows:


Sec. 2.909  Responsible party.

    The following parties are responsible for the compliance of radio 
frequency equipment with the applicable standards:
* * * * *
    (c) In the case of equipment subject to authorization under the 
Declaration of Conformity procedure:
    (1) The manufacturer or, if the equipment is assembled from 
individual component parts and the resulting system is subject to 
authorization under a Declaration of Conformity, the assembler.
    (2) If the equipment, by itself, is subject to a Declaration of 
Conformity and that equipment is imported, the importer.
    6. Section 2.913 is revised to read as follows:


Sec. 2.913  Submittal of equipment authorization application or 
information to the Commission.

    (a) Unless otherwise directed, applications with fees attached for 
the equipment authorization, pursuant to Sec. 1.1103 of this chapter, 
must be submitted to the Federal Communications Commission, Equipment 
Approval Services, P.O. Box 358315, Pittsburgh, PA 15251-5315. If the 
applicant chooses to make use of an air courier/package delivery 
service, the following address must appear on the outside of the 
package/envelope:

[[Page 31046]]

Federal Communications Commission, c/o Mellon Bank, Three Mellon Bank 
Center, 525 William Penn Way, 27th floor, Room 153-2713, Pittsburgh, 
Pennsylvania 15259-0001, attention: Wholesale Lockbox Supervisor.
    (b) Any information or equipment samples requested by the 
Commission pursuant to the provisions of subpart J of this part shall, 
unless otherwise directed, be submitted to the FCC, Equipment 
Authorization Division, 7434 Oakland Mills Road, Columbia, Maryland 
21046.
    7. The centered heading preceding Sec. 2.927 is revised to read as 
follows:

Conditions Attendant to an Equipment Authorization

    8. Section 2.937 is revised to read as follows:


Sec. 2.937  Equipment defect and/or design change.

    When a complaint is filed with the Commission concerning the 
failure of equipment subject to this chapter to comply with pertinent 
requirements of the Commission's rules, and the Commission determines 
that the complaint is justified and arises out of an equipment fault 
attributable to the responsible party, the Commission may require the 
responsible party to investigate such complaint and report the results 
of such investigation to the Commission. The report shall also indicate 
what action if any has been taken or is proposed to be taken by the 
responsible party to correct the defect, both in terms of future 
production and with reference to articles in the possession of users, 
sellers and distributors.
    9. Section 2.945 is revised to read as follows:


Sec. 2.945  Sampling tests of equipment compliance.

    The Commission will, from time to time, request the responsible 
party to submit equipment subject to this chapter to determine the 
extent to which subsequent production of such equipment continues to 
comply with the data filed by the applicant (or on file with the 
responsible party for equipment subject to notification or a 
Declaration of Conformity). Shipping costs to the Commission's 
laboratory and return shall be borne by the responsible party.
    10. Section 2.946 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 2.946  Penalty for failure to provide test samples and data.

    (a) Any responsible party, as defined in Sec. 2.909, or any party 
who markets equipment subject to the provisions of this chapter, shall 
provide test sample(s) or data upon request by the Commission. Failure 
to comply with such a request with the time frames shown below may be 
cause for forfeiture, pursuant to Sec. 1.80 of this chapter, or other 
administrative sanctions such as suspending action on any applications 
for equipment authorization submitted by such party while the matter is 
being resolved.
    (1) When the equipment is subject to authorization under a 
Declaration of Conformity, data shall be provided within 14 days of 
delivery of the request and test sample(s) shall be provided within 60 
days of delivery of the request.
    (2) For all other devices, test sample(s) or data shall be provided 
within 60 days of the request.
    (b) In the case of equipment involving harmful interference or 
safety of life or property, the Commission may specify that test 
samples subject to the provisions of this section be submitted within 
less than 60 days, but not less than 14 days. Failure to comply within 
the specified time period will be subject to the sanctions specified in 
paragraph (a) of this section.
* * * * *
    11. Section 2.948 is amended by adding new paragraphs (a)(3) and 
(d) to read as follows:


Sec. 2.948  Description of measurement facilities.

    (a) * * *
    (3) If the equipment is to be authorized under a Declaration of 
Conformity, the description of the measurement facilities shall be 
retained by the party performing the measurements.
* * * * *
    (d) If the equipment is to be authorized under a Declaration of 
Conformity, the party performing the measurements shall be accredited 
for performing such measurements by an authorized accreditation body 
based on the International Organization for Standardization/
International Electrotechnical Commission (ISO/IEC) Guide 25, ``General 
Requirements for the Competence of Calibration and Testing 
Laboratories.'' Accreditation bodies must be approved by the FCC's 
Office of Engineering and Technology, as indicated in Sec. 0.241 of 
this chapter, to perform such accreditation based on ISO/IEC 58, 
``Calibration and Testing Laboratory Accreditation Systems--General 
Requirements for Operation and Recognition.'' The frequency for 
revalidation of the test site and the information required to be filed 
or retained by the testing party shall comply with the requirements 
established by the accrediting organization.

    Note to paragraph (d): Parties that are located outside of the 
United States or its possessions will be accredited only if there is 
a mutual recognition agreement between that country and the United 
States that permits similar accreditation of U.S. facilities to 
perform testing for products marketed in that country.

    12. A new centered heading is added following Section 2.1065, to 
read as follows:

Declaration of Conformity

    13. A new Sec. 2.1071 is added following the centered heading to 
read as follows:

Declaration of Conformity


Sec. 2.1071  Cross reference.

    The general provisions of this subpart, shall apply to equipment 
subject to a Declaration of Conformity.
    14. A new Sec. 2.1072 is added to read as follows:


Sec. 2.1072  Limitation on Declaration of Conformity.

    (a) The Declaration of Conformity signifies that the responsible 
party, as defined in Sec. 2.909, has determined that the equipment has 
been shown to comply with the applicable technical standards if no 
unauthorized change is made in the equipment and if the equipment is 
properly maintained and operated. Compliance with these standards shall 
not be construed to be a finding by the responsible party with respect 
to matters not encompassed by the Commission's rules.
    (b) A Declaration of Conformity by the responsible party is 
effective until a termination date is otherwise established by the 
Commission.
    (c) No person shall, in any advertising matter, brochure, etc., use 
or make reference to a Declaration of Conformity in a deceptive or 
misleading manner or convey the impression that such a Declaration of 
Conformity reflects more than a determination by the responsible party 
that the device or product has been shown to be capable of complying 
with the applicable technical standards of the Commission's rules.
    15. A new Sec. 2.1073 is added to read as follows:


Sec. 2.1073  Responsibilities.

    (a) The responsible party, as defined in Sec. 2.909, must warrant 
that each unit of equipment marketed under a Declaration of Conformity 
is identical to the unit tested and found acceptable with the standards 
and that the records maintained by the responsible party

[[Page 31047]]

continue to reflect the equipment being produced under the Declaration 
of Conformity within the variation that can be expected due to quantity 
production and testing on a statistical basis.
    (b) The responsible party, if different from the manufacturer, may 
upon receiving a written statement from the manufacturer that the 
equipment complies with the appropriate technical standards rely on the 
manufacturer or independent testing agency to determine compliance. 
However, the test records required by Sec. 2.1075 shall be in the 
English language and shall be made available to the Commission upon a 
reasonable request in accordance with the provisions of Sec. 2.1076.
    (c) In the case of transfer of control of the equipment, as in the 
case of sale or merger of the responsible party, the new responsible 
party shall bear the responsibility of continued compliance of the 
equipment.
    (d) Equipment shall be retested to demonstrate continued compliance 
with the applicable technical standards if any modifications or changes 
that could adversely affect the emanation characteristics of the 
equipment are made by the responsible party. The responsible party 
bears responsibility for the continued compliance of subsequently 
produced equipment.
    (e) If any modifications or changes are made by anyone other than 
the responsible party for the Declaration of Conformity, the party 
making the modifications or changes, if located within the U.S., 
becomes the new responsible party. The new responsible party must 
comply with all provisions for the Declaration of Conformity, including 
having test data on file demonstrating that the product continues to 
comply with all of the applicable technical standards.
    16. A new Sec. 2.1074 is added to read as follows:


Sec. 2.1074  Identification.

    Devices subject only to a Declaration of Conformity shall be 
uniquely identified by the responsible party. This identification shall 
not be of a format which could be confused with the FCC Identifier 
required on certified, notified, type accepted or type approved 
equipment. The responsible party shall maintain adequate identification 
records to facilitate positive identification for each device.
    17. A new Sec. 2.1075 is added to read as follows:


Sec. 2.1075  Retention of records.

    (a) Except as shown in paragraph (b) of this section, for each 
product subject to a Declaration of Conformity, the responsible party, 
as shown in Sec. 2.909, shall maintain the following records:
    (1) A record of the original design drawings and specifications and 
all changes that have been made that may affect compliance with the 
requirements of Sec. 2.1073.
    (2) A record of the procedures used for production inspection and 
testing (if tests were performed) to insure the conformance required by 
Sec. 2.1073. (Statistical production line emission testing is not 
required.)
    (3) A record of the measurements made on an appropriate test site 
that demonstrates compliance with the applicable regulations. The 
record shall contain:
    (i) The actual date or dates testing was performed;
    (ii) The name of the test laboratory, company, or individual 
performing the testing. The Commission may request additional 
information regarding the test site, the test equipment or the 
qualifications of the company or individual performing the tests;
    (iii) A description of how the device was actually tested, 
identifying the measurement procedure and test equipment that was used;
    (iv) A description of the equipment under test (EUT) and support 
equipment connected to, or installed within, the EUT;
    (v) The identification of the EUT and support equipment by trade 
name and model number and, if appropriate, by FCC Identifier and serial 
number;
    (vi) The types and lengths of connecting cables used and how they 
were arranged or moved during testing;
    (vii) At least two photographs showing the test set-up for the 
highest line conducted emission and showing the test set-up for the 
highest radiated emission. These photographs must be focused originals 
which show enough detail to confirm other information contained in the 
test report;
    (viii) A description of any modifications made to the EUT by the 
testing company or individual to achieve compliance with the 
regulations;
    (ix) All of the data required to show compliance with the 
appropriate regulations;
    (x) The signature of the individual responsible for testing the 
product along with the name and signature of an official of the 
responsible party, as designated in Sec. 2.909; and
    (xi) A copy of the compliance information, as described in 
Sec. 2.1077, required to be provided with the equipment.
    (b) If the equipment is assembled using modular components that, by 
themselves, are subject to authorization under a Declaration of 
Conformity and/or a grant of certification, and the assembled product 
is also subject to authorization under a Declaration of Conformity but, 
in accordance with the applicable regulations, does not require 
additional testing, the assembler shall maintain the following records 
in order to show the basis on which compliance with the standards was 
determined:
    (1) A listing of all of the components used in the assembly;
    (2) Copies of the compliance information, as described in 
Sec. 2.1077 for all of the modular components used in the assembly;
    (3) A listing of the FCC Identifier numbers for all of the 
components used in the assembly that are authorized under a grant of 
certification;
    (4) A listing of equipment modifications, if any, that were made 
during assembly; and
    (5) A copy of any instructions included with the components that 
were required to be followed to ensure the assembly of a compliant 
product, along with a statement, signed by the assembler, that these 
instructions were followed during assembly. This statement shall also 
contain the name and signature of an official of the responsible party, 
as designated in Sec. 2.909.
    (c) The records listed in paragraphs (a) and (b) of this section 
shall be retained for two years after the manufacture or assembly, as 
appropriate, of said equipment has been permanently discontinued, or 
until the conclusion of an investigation or a proceeding if the 
responsible party is officially notified that an investigation or any 
other administrative proceeding involving the equipment has been 
instituted. Requests for the records described in this section and for 
sample units also are covered under the provisions of Sec. 2.946.
    18. A new Sec. 2.1076 is added to read as follows:


Sec. 2.1076  FCC inspection and submission of equipment for testing.

    (a) Each responsible party, upon receipt of a reasonable request, 
shall submit to the Commission the records required by Sec. 2.1075 or 
one or more sample units for measurements at the Commission's 
laboratory.
    (b) Shipping costs to the Commission's Laboratory and return shall 
be borne by the responsible party. In the event the responsible party 
believes that shipment of the sample to the Commission's Laboratory is 
impractical because of the size or weight of the equipment, or the 
power

[[Page 31048]]

requirement, or for any other reason, the responsible party may submit 
a written explanation why such shipment is impractical and should not 
be required.
    19. A new Sec. 2.1077 is added to read as follows:


Sec. 2.1077  Compliance information.

    (a) If a product must be tested and authorized under a Declaration 
of Conformity, a compliance information statement shall be supplied 
with the product at the time of marketing or importation, containing 
the following information:
    (1) Identification of the product, e.g., name and model number;
    (2) A statement, similar to that contained in Sec. 15.19(a)(3) of 
this chapter, that the product complies with part 15 of this chapters; 
and
    (3) The identification, by name, address and telephone number, of 
the responsible party, as defined in Sec. 2.909. The responsible party 
for a Declaration of Conformity must be located within the United 
States.
    (b) If a product is assembled from modular components that, by 
themselves, are authorized under a Declaration of Conformity and/or a 
grant of certification, and the assembled product is also subject to 
authorization under a Declaration of Conformity but, in accordance with 
the applicable regulations, does not require additional testing, the 
product shall be supplied, at the time of marketing or importation, 
with a compliance information statement containing the following 
information:
    (1) Identification of the modular components used in the assembly. 
A modular component authorized under a Declaration of Conformity shall 
be identified as specified in paragraph (a)(1) of this section. A 
modular component authorized under a grant of certification shall be 
identified by name and model number (if applicable) along with the FCC 
Identifier number.
    (2) A statement that the product complies with part 15 of this 
chapter.
    (3) The identification, by name, address and telephone number, of 
the responsible party who assembled the product from modular 
components, as defined in Sec. 2.909. The responsible party for a 
Declaration of Conformity must be located within the United States.
    (4) Copies of the compliance information statements for each 
modular component used in the system that is authorized under a 
Declaration of Conformity.
    (c) The compliance information statement shall be included in the 
user's manual or as a separate sheet.

PART 15--RADO FREQUENCY DEVICES

    1. The authority citation for part 15 continues to read as follows:

    Authority: Sec. 4, 302, 303, 304, and 307 of the Communications 
Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, 304, and 
307.

    2. Section 15.3 is amended by revising paragraph (r) and adding a 
new paragraph (bb) to read as follows:


Sec. 15.3  Definitions.

* * * * *
    (r) Peripheral device. An input/output unit of a system that feeds 
data into and/or receives data from the central processing unit of a 
digital device. Peripherals to a digital device include any device that 
is connected external to the digital device, any device internal to the 
digital device that connects the digital device to an external device 
by wire or cable, and any circuit board designed for interchangeable 
mounting, internally or externally, that increases the operating or 
processing speed of a digital device, e.g., ``turbo'' cards and 
``enhancement'' boards. Examples of peripheral devices include 
terminals, printers, external floppy disk drives and other data storage 
devices, video monitors, keyboards, interface boards, external memory 
expansion cards, and other input/output devices that may or may not 
contain digital circuitry. This definition does not include CPU boards, 
as defined in paragraph (bb) of this section, even though a CPU board 
may connect to an external keyboard or other components.
* * * * *
    (bb) CPU board. A circuit board that contains a microprocessor, or 
frequency determining circuitry for the microprocessor, the primary 
function of which is to execute user-provided programming, but not 
including:
    (1) A circuit board that contains only a microprocessor intended to 
operate under the primary control or instruction of a microprocessor 
external to such a circuit board; or
    (2) A circuit board that is a dedicated controller for a storage or 
input/output device.
    3. Section 15.19 is amended by redesignating paragraph (b) as 
paragraph (a)(4), by redesignating paragraph (c) as paragraph (a)(5), 
by revising paragraphs (a)(4) and (a)(5), and by adding new paragraphs 
(b) and (c) to read as follows:


Sec. 15.19  Labelling requirements.

    (a) * * *
    (4) Where a device is constructed in two or more sections connected 
by wires and marketed together, the statement specified under paragraph 
(a) of this section is required to be affixed only to the main control 
unit.
    (5) When the device is so small or for such use that it is not 
practicable to place the statement specified under paragraph (a) of 
this section on it, the information required by this paragraph shall be 
placed in a prominent location in the instruction manual or pamphlet 
supplied to the user or, alternatively, shall be placed on the 
container in which the device is marketed. However, the FCC identifier 
or the unique identifier, as appropriate, must be displayed on the 
device.
    (b) Products subject to authorization under a Declaration of 
Conformity shall be labelled as follows:
    (1) The label shall be located in a conspicuous location on the 
device and shall contain the unique identification described in Section 
2.1074 of this chapter and the following logo:
    (i) If the product is authorized based on testing of the product or 
system; or

[[Page 31049]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.008


    (ii) If the product is authorized based on assembly using 
separately authorized components and the resulting product is not 
separately tested.
[GRAPHIC] [TIFF OMITTED] TR19JN96.009

    (2) When the device is so small or for such use that it is not 
practicable to place the statement specified under paragraph (b)(1) of 
this section on it, such as for a CPU board or a plug-in circuit board 
peripheral device, the text associated with the logo may be placed in a 
prominent location in the instruction manual or pamphlet supplied to 
the user. However, the unique identification (trade name and model 
number) and the logo must be displayed on the device.
    (3) The label shall not be a stick-on, paper label. The label on 
these products shall be permanently affixed to the product and shall be 
readily visible to the purchaser at the time of purchase, as described 
in Sec. 2.925(d) of this chapter. ``Permanently affixed'' means that 
the label is etched, engraved, stamped, silkscreened, indelibly 
printed, or otherwise permanently marked on a permanently attached part 
of the equipment or on a nameplate of metal, plastic, or other material 
fastened to the equipment by welding, riveting, or a permanent 
adhesive. The label must be designed to last the expected lifetime of 
the equipment in the environment in which the equipment may be operated 
and must not be readily detachable.
    (c) [Reserved]
* * * * *
    4. A new Sec. 15.32 is added to read as follows:


Sec. 15.32  Test procedures for CPU boards and computer power supplies.

    Power supplies and CPU boards used with personal computers and for 
which separate authorizations are required to be obtained shall be 
tested as follows:
    (a) CPU boards shall be tested as follows:
    (1) Testing for radiated emissions shall be performed with the CPU 
board installed in a typical enclosure but with the enclosure's cover 
removed so that the internal circuitry is exposed at the top and on at 
least two sides. Additional components, including a power supply, 
peripheral devices, and subassemblies, shall be added, as needed, to 
result in a complete personal computer system. If the oscillator and 
the microprocessor circuits are contained on separate circuit boards, 
both boards, typical of the combination that would normally be 
employed, must be used in the test. Testing shall be in accordance with 
the procedures specified in Sec. 15.31 of this part. Under these test 
conditions, the system under test shall not exceed the radiated 
emission limits specified in Sec. 15.109 by more than 3 dB;
    (2) Unless the test in paragraph (a)(1) of this section 
demonstrates compliance with the limits in Sec. 15.109, a second test 
shall be performed using the same configuration described in paragraph 
(a)(1) but with the cover installed on the enclosure. Testing shall be 
in accordance with the procedures specified in Sec. 15.31. Under these 
test conditions, the system under test shall not exceed the radiated 
emission limits specified in Sec. 15.10; and
    (3) The test demonstrating compliance with the AC power line 
conducted limits specified in Sec. 15.107 shall be performed in 
accordance with the procedures specified in Sec. 15.31 using a 
enclosure, peripherals, power supply and subassemblies that are typical 
of the type with which the CPU board under test would normally be 
employed.
    (b) The power supply shall be tested installed in an enclosure that 
is typical of the type within which it would normally be installed. 
Additional components, including peripheral devices, a CPU board, and 
subassemblies, shall be added, as needed, to result in a complete 
personal computer system. Testing shall be in accordance with the 
procedures specified in Sec. 15.31 and must demonstrate compliance with 
all of the standards contained in this part.
    5. Section 15.37 is amended by adding a new paragraph (g) to read 
as follows:


Sec. 15.37  Transition provisions for compliance with the rules.

* * * * *
    (g) For CPU boards and power supplies designed to be used with 
personal computers: The manufacture and importation of these products 
shall cease on or before June 19, 1997 unless these products have been 
authorized

[[Page 31050]]

under a Declaration of Conformity or a grant of certification, 
demonstrating compliance with all of the provisions in this part. 
Limited provisions, as detailed in Sec. 15.101(d), are provided to 
permit the importation and manufacture of these products subsequent to 
this date where the CPU boards and/or power supplies are marketed only 
to personal computer equipment manufacturers.
    6. Section 15.101 is amended by revising the table in paragraph (a) 
and revising paragraphs (c), (d), (e), and (f) to read as follows:


Sec. 15.101  Equipment authorization of unintentional radiators.

    (a) * * *

------------------------------------------------------------------------
                                               Equipment authorization  
              Type of device                          required          
------------------------------------------------------------------------
TV broadcast receiver.....................  Verification.               
FM broadcast receiver.....................  Verification.               
CB receiver...............................  Certification.              
Superregenerative receiver................  Certification.              
Scanning receiver.........................  Certification.              
All other receivers subject to Part 15....  Notification.               
TV interface device.......................  Certification.              
Cable system terminal device..............  Notification.               
Stand-alone cable input selector switch...  Verification.               
Class B personal computers and peripherals  Declaration of Conformity or
                                             Certification.             
CPU boards and power supplies used with     Declaration of Conformity or
 Class B personal computers.                 Certification.             
Class B personal computers assembled using  Declaration of Conformity.  
 authorized CPU boards or power supplies.                               
Class B external switching power supplies   Verification.               
 not used with personal computers.                                      
Other Class B digital devices &             Verification.               
 peripherals.                                                           
Class A digital devices, peripherals &      Verification.               
 external switching power supplies.                                     
All other devices.........................  Verification.               
------------------------------------------------------------------------

* * * * *
    (c) Personal computers shall be authorized in accordance with one 
of the following methods:
    (1) The specific combination of CPU board, power supply and 
enclosure is tested together and authorized under a Declaration of 
Conformity or a grant of certification;
    (2) The personal computer is authorized under a Declaration of 
Conformity or a grant of certification, and the CPU board or power 
supply in that computer is replaced with a CPU board or power supply 
that has been separately authorized under a Declaration of Conformity 
or a grant of certification; or
    (3) The CPU board and power supply used in the assembly of a 
personal computer have been separately authorized under a Declaration 
of Conformity or a grant of certification; and
    (4) Personal computers assembled using either of the methods 
specified in paragraphs (c)(2) or (c)(3) of this section must, by 
themselves, also be authorized under a Declaration of Conformity if 
they are marketed. However, additional testing is not required for this 
Declaration of Conformity, provided the procedures in Sec. 15.102(b) 
are followed.
    (d) Peripheral devices, as defined in Sec. 15.3(r), shall be 
authorized under a Declaration of Conformity, or a grant of 
certification, or verified, as appropriate, prior to marketing. 
Regardless of the provisions of paragraphs (a) or (c) of this section, 
if a CPU board, power supply, or peripheral device will always be 
marketed with a specific personal computer, it is not necessary to 
obtain a separate authorization for that product provided the specific 
combination of personal computer, peripheral device, CPU board and 
power supply has been authorized under a Declaration of Conformity or a 
grant of certification as a personal computer.
    (1) No authorization is required for a peripheral device or a 
subassembly that is sold to an equipment manufacturer for further 
fabrication; that manufacturer is responsible for obtaining the 
necessary authorization prior to further marketing to a vendor or to a 
user.
    (2) Power supplies and CPU boards that have not been separately 
authorized and are designed for use with personal computers may be 
imported and marketed only to a personal computer equipment 
manufacturer that has indicated, in writing, to the seller or importer 
that they will obtain a Declaration of Conformity or a grant of 
certification for the personal computer employing these components.
    (e) Subassemblies to digital devices are not subject to the 
technical standards in this part unless they are marketed as part of a 
system in which case the resulting system must comply with the 
applicable regulations. Subassemblies include:
    (1) Devices that are enclosed solely within the enclosure housing 
the digital device, except for: power supplies used in personal 
computers; devices included under the definition of a peripheral device 
in Sec. 15.3(r); and personal computer CPU boards, as defined in 
Sec. 15.3(bb);
    (2) CPU boards, as defined in Sec. 15.3(bb), other than those used 
in personal computers, that are marketed without an enclosure or power 
supply; and
    (3) Switching power supplies that are separately marketed and are 
solely for use internal to a device other than a personal computer.
    (f) The procedures for obtaining a grant of certification or 
notification and for verification and a Declaration of Conformity are 
contained in subpart J of part 2 of this chapter.
    7. A new Sec. 15.102 is added to read as follows:


Sec. 15.102  CPU boards and power supplies used in personal computers.

    (a) Authorized CPU boards and power supplies that are sold as 
separate components shall be supplied with complete installation 
instructions. These instructions shall specify all of the installation 
procedures that must be followed to ensure compliance with the 
standards, including, if necessary, the type of enclosure, e.g., a 
metal enclosure, proper grounding techniques, the use of shielded 
cables, the addition of any needed components, and any necessary 
modifications to additional components.
    (1) Any additional parts needed to ensure compliance with the 
standards, except for the enclosure, are considered to be special 
accessories and, in accordance with Sec. 15.27, must be marketed with 
the CPU board or power supply.
    (2) Any modifications that must be made to a personal computer, 
peripheral device, CPU board or power supply during installation of a 
CPU board or power supply must be simple enough that they can be 
performed by the average consumer. Parts requiring soldering, 
disassembly of circuitry or other similar modifications are not 
permitted.
    (b) Assemblers of personal computer systems employing modular CPU 
boards and/or power supplies are not required to test the resulting 
system provided the following conditions are met:
    (1) Each device used in the system has been authorized as required 
under this part (according to Sec. 15.101(e), some subassemblies used 
in a personal computer system may not require an authorization);

[[Page 31051]]

    (2) The original label and identification on each piece of 
equipment remain unchanged;
    (3) Each responsible party's instructions to ensure compliance 
(including, if necessary, the use of shielded cables or other 
accessories or modifications) are followed when the system is 
assembled;
    (4) If the system is marketed, the resulting equipment combination 
is authorized under a Declaration of Conformity pursuant to 
Sec. 15.101(c)(4) and a compliance information statement, as described 
in Sec. 2.1077(b), is supplied with the system. Marketed systems shall 
also comply with the labelling requirements in Sec. 15.19 and must be 
supplied with the information required under Secs. 15.21, 15.27 and 
15.105; and
    (5) The assembler of a personal computer system may be required to 
test the system and/or make necessary modifications if a system is 
found to cause harmful interference or to be noncompliant with the 
appropriate standards in the configuration in which it is marketed (see 
Secs. 2.909, 15.1, 15.27(d) and 15.101(e)).

[FR Doc. 96-14319 Filed 6-18-96; 8:45 am]
BILLING CODE 6712-01-P