[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Rules and Regulations]
[Pages 39976-39977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15877]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket Nos. 10-236 and 06-155; FCC 13-15]


Radio Experimentation and Market Trials--Streamlining Rules

AGENCY: Federal Communications Commission.

ACTION: Final rules; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection requirements contained in the regulations in 
the Radio Experimentation and Market Trials--Streamlining Rules. The 
information collection requirements were approved on June 9, 2014 by 
OMB.

DATES: The amendments to 47 CFR 2.803(c)(2), published at 78 FR 25138, 
April 29, 2013, are effective July 11, 2014.

FOR FURTHER INFORMATION CONTACT: For additional information contact 
Nancy Brooks on (202) 418-2454 or via email to: [email protected].

SUPPLEMENTARY INFORMATION: This document announces that on June 9, 
2014, OMB approved, for a period of three years, the information 
collection requirements contained in 47 CFR 2.803(c)(2). The Commission 
publishes this document to announce the effective date of this rule 
section. See, In the Matter of Promoting Expanded Opportunities for 
Radio Experimentation and Market Trials under Part 5 of the 
Commission's Rules and Streamlining Other Related Rules, ET Docket No. 
10-236; and 2006 Biennial Review of Telecommunications Regulations--
Part 2 Administered by the Office of Engineering and Technology ET 
Docket Nos. 06-155, FCC 13-15, 78 FR 25138, April 29, 2013.

Synopsis

    As required by the Paperwork Reduction Act of 1995, (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval on June 9, 2014, for the information collection requirement 
contained in 47 CFR 2.803(c)(2). Under 5 CFR 1320, an agency may not 
conduct or sponsor a collection of information unless it displays a 
current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a valid OMB Control Number.
    The OMB Control Number is 3060-0773 and the total annual reporting 
burdens for respondents for this information collection are as follows:
    OMB Control Number: 3060-0773.
    OMB Approval Date: 6/9/2014.
    OMB Expiration Date: 6/30/2017.
    Title: Section 2.803 Marketing of RF Devices Prior to Equipment 
Authorization.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.

[[Page 39977]]

    Respondents: Businesses or other for-profit.
    Number of Respondents: 10,000 respondents; 10,000 responses.
    Estimated Time per Response: 0.5 hours.
    Frequency of Response: One time reporting requirement and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 154(i), 302, 303, 303(r), and 307.
    Total Annual Burden: 5,000 hours.
    Total Annual Costs: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Privacy Act Impact Assessment: N/A.
    Needs and Uses: On January 31, 2013, the Commission adopted a 
Report and Order, ET Docket Nos. 10-236 and 06-155, FCC 13-15, which 
revised the rules in Sec.  2.803(c)(2) to include limited marketing 
activities prior to equipment authorization.
    The Commission has established rules for the marketing of radio 
frequency (RF) devices prior to equipment authorization under 
guidelines in 47 CFR 2.803. The general guidelines in Sec.  2.803 
prohibit the marketing or sale of such equipment prior to a 
demonstration of compliance with the applicable equipment authorization 
and technical requirements in the case of a device subject to 
verification or Declaration of Conformity without special notification. 
Section 2.803(c)(2) permits limited marketing activities prior to 
equipment authorization, for devices that could be authorized under the 
current rules; could be authorized under waivers of such rules that are 
in effect at the time of marketing; or could be authorized under rules 
that have been adopted by the Commission but that have not yet become 
effective. These devices may be not operated unless permitted by Sec.  
2.805.
    The following general guidelines apply for third party 
notifications: (a) A RF device may be advertised and displayed at a 
trade show or exhibition prior to a demonstration of compliance with 
the applicable technical standards and compliance with the applicable 
equipment authorization procedure provided the advertising and display 
is accompanied by a conspicuous notice specified in Sec. Sec.  
2.803(c)(2)(iii)(A) or 2.803(c)(2)(iii)(B).
    (b) An offer for sale solely to business, commercial, industrial, 
scientific, or medical users of an RF device in the conceptual, 
developmental, design or pre-production stage prior to demonstration of 
compliance with the equipment authorization regulations may be 
permitted provided that the prospective buyer is advised in writing at 
the time of the offer for sale that the equipment is subject to FCC 
rules and that the equipment will comply with the appropriate rules 
before delivery to the buyer or centers of distribution.
    (c) Equipment sold as evaluation kit may be sold to specific users 
with notice specified in Sec.  2.803(c)(2)(iv)(B).
    The information to be disclosed about marketing of the RF device is 
intended:
    (1) To ensure the compliance of the proposed equipment with 
Commission rules; and
    (2) To assist industry efforts to introduce new products to the 
marketplace more promptly.
    The information disclosure applies to a variety of RF devices that:
    (1) Is pending equipment authorization or verification of 
compliance;
    (2) May be manufactured in the future;
    (3) May be sold as kits; and
    (4) Operates under varying technical standards.
    The information disclosed is essential to ensuring that 
interference to radio communications is controlled.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014-15877 Filed 7-10-14; 8:45 am]
BILLING CODE 6712-01-P