[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Proposed Rules]
[Pages 46900-46928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18402]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 2, 15, and 18

[ET Docket No. 15-170; RM-11673; FCC 15-92]


Equipment Authorization and Electronic Labeling for Wireless 
Devices

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes updates to the rules that govern the 
evaluation and approval of RF devices. The Commission last 
comprehensively reviewed its equipment authorization procedures more 
than fifteen years ago. The RF equipment ecosystem has significantly 
expanded in that time, and the manner in which today's RF equipment is 
now designed, manufactured, and marketed--as well as the sheer number 
of devices subject to authorization--warrant the proposed rule 
modifications.

DATES: Comments must be filed on or before September 8, 2015, and reply 
comments must be filed on or before September 21, 2015.

FOR FURTHER INFORMATION CONTACT: Brian Butler, Office of Engineering 
and Technology, (202) 418-2702, email: [email protected]., TTY (202) 
418-2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 15-170; 
RM-11673, by any of the following methods:
     Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs//. Follow the instructions for submitting comments.

[[Page 46901]]

     Mail: Brian Butler, Office of Engineering and Technology, 
Room 7-A267, 445 12th Street SW., Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 888-835-5322.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
     Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 888-
835-5322 (tty). For detailed instructions for submitting comments and 
additional information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission Notice 
of Proposed Rule Making, ET Docket No. 15-170, FCC 15-92, adopted July 
17, 2015, and released July 21, 2015. The full text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street SW., 
Washington, DC 20554. The full text may also be downloaded at: 
www.fcc.gov.

Synopsis

    1. The telecommunications sector depends on the variety and utility 
of radiofrequency (RF) devices. The purpose of this Notice of Proposed 
Rulemaking (NPRM) is to update the rules that govern the evaluation and 
approval of RF devices. The proposals build on actions the Commission 
recently took to modify its equipment authorization processing rules.
    2. The Commission proposed to combine two separate product approval 
programs--Declaration of Conformity and verification--into one product 
self-approval program. It also proposed to revise and clarify the rules 
that govern equipment certification, including those specifying when 
device changes necessitate a new FCC ID. These revisions would codify 
the current practices related to certification of modular transmitters 
for licensed services as well as the filing requirements for RF devices 
that incorporate multiple certified modular transmitters. They would 
also replace requirements that apply only to devices specifically 
classified as ``software defined radios'' (SDRs) with broadly 
applicable rules, based in part on the current Commission practices 
regarding software control of radio parameters, and would eliminate 
restrictions on hardware modifications of SDR devices.
    3. The Commission also proposed to codify procedures related to 
electronic labeling, streamline the rules for the measurement 
procedures that are used to demonstrate device compliance, and codify 
existing practices that protect the confidentiality of market-sensitive 
information. It proposed to eliminate unnecessary or duplicative rules 
and consolidate rules from various specific rule parts into the 
equipment authorization rules in part 2 of the Commission's rules and 
to discontinue the requirement that importers file information 
associated with FCC Form 740 with Customs and Border Protection for RF 
devices that are imported into the United States. Finally, the 
Commission sought comment on how to codify any filing or notification 
requirements that may be necessitated by the adoption of these 
proposals.
    4. The Commission found that its proposals would better align its 
equipment authorization procedures with the current state of equipment 
development, design, and manufacturing practices, thus promoting 
significant cost savings, reducing the burdens, and avoiding any 
unnecessary delay associated with the equipment authorization process. 
It invited commenters to discuss the costs and benefits of the rule 
changes proposed in the NPRM, and provide relevant supporting data, 
along with additional suggestions for enhancing the benefits or 
reducing the costs associated with the proposals.

Background

    5. The Commission ensures compliance with its technical rules 
through the equipment authorization program for RF devices, which is 
codified in part 2 of the Commission's rules. Additionally, RF devices 
must comply with the Commission's technical and equipment authorization 
requirements before they can be imported to or marketed in the United 
States. The current RF equipment authorization procedures have evolved 
over the course of more than 40 years.
    6. The NPRM is informed by the evolution of the RF device 
ecosystem. The development of highly integrated circuitry, software-
based designs and new production procedures has resulted in the use of 
substantially more complex RF transmitters in increasingly compact 
devices. The transmitters may operate individually or simultaneously 
using multiple transmission modes. Certain of the transmitters may 
operate under rules for the various licensed radio services, while 
others operate under the unlicensed device rules, all within a single 
product. Such devices may be too small to fit a permanently attached 
label that includes the compliance information, particularly in the 
case where a finished product includes multiple modular transmitters 
with each one required to display certain information such as an FCC 
ID.

Unifying Self-Approval Procedures

    7. Currently, RF devices must be authorized in accordance with one 
of three procedures specified in subpart J of part 2-certification, 
Declaration of Conformity (DoC), and verification. DoC and verification 
are self-approval procedures in which the responsible

[[Page 46902]]

party is required to take specific actions to ensure that its equipment 
complies with the Commission's rules. Unlike certification, these 
procedures do not require submittal of an application to the FCC or a 
Telecommunication Certification Body (TCB) and do not require the 
explicit grant of certification. Also, unlike a certified device, such 
equipment does not have an FCC ID, and is not listed in an FCC 
database. Under DoC, the responsible party must use a recognized 
accredited test laboratory when testing devices and include a 
compliance information statement with the product that identifies the 
product and a responsible party within the United States. Verification 
does not require the use of FCC-recognized test laboratories or the 
provision of a compliance information statement with the product.
    8. The number and variety of devices subject to DoC has grown 
significantly since the Commission last investigated the possibility of 
combining the DoC and verification procedures, and there are now 
comprehensive and widely used measurement procedures, significant 
testing expertise and capabilities for devices subject to DoC, and a 
greater comfort with the use of self-approval procedures. At the same 
time, the development of highly integrated circuits to implement 
functions which were previously performed by discrete components has 
resulted in lower typical RF emissions from such devices. The 
Commission found little benefit in maintaining two distinct procedures 
or in maintaining the rigor of the Declaration of Conformity procedure 
given these changes, and recognized the potential for reducing costs 
for manufacturers. It tentatively concluded that a single process would 
simplify the equipment authorization requirements and reduce confusion 
as to which process may apply to any given device, while continuing to 
adequately ensure compliance with the rules, and sought comment on the 
proposed rule revisions.
    9. The Commission proposed to incorporate certain elements of the 
existing Suppliers Declaration of Conformity (SDoC) process now used 
for Telephone Network Terminal Equipment into the new single process, 
which would apply to all equipment currently subject to the DoC and 
verification procedures. Under this proposal, the responsible party for 
equipment subject to rules other than part 68 would test equipment for 
compliance to specified standards or requirements and certify 
compliance to the public, by way of a statement supplied with the 
product, without securing an independent third-party review or approval 
of compliance. Unlike the existing part 68 SDoC rules, the Commission 
did not propose to require that the RF devices be registered in any 
database. The use of accredited testing facilities would not be 
required under our proposal. The NPRM sought comment on use of the 
specific term ``Supplier's Declaration of Conformity'' or ``SDoC'' for 
this new process.
    10. The Commission proposed to modify its rules to remove the 
ambiguous reference to ``tak[ing] necessary steps'' as a potential 
alternative to testing. It also proposed to consolidate the existing 
Sec.  2.1073, ``Responsibilities,'' into an expanded Sec.  2.909, 
``Responsible party;'' and to consolidate existing Sec.  2.1075, which 
addresses records retention, into a revised Sec.  2.938 that would 
apply broadly to all equipment subject to our equipment authorization 
procedures. It proposed to otherwise retain the other DoC rules (i.e. 
those within Sec. Sec.  2.1071 through 2.1077) and to apply them to the 
new approval procedure, and sought comment on proposed revisions to 
Sec.  2.1077 that would require all equipment to include a compliance 
statement with the product literature that identifies for consumers who 
is responsible for the device's compliance with the Commission's 
technical regulations. The NPRM also asked whether the Commission 
should require the compliance statement to include additional 
information when equipment has been modified, but is nevertheless still 
subject to the self-approval process.
    11. The proposed rules would no longer require the use of a 
specific logo (Sec. Sec.  15.19(b) and 18.209). In lieu of the logo 
requirement, the NPRM proposed to expand use of the statement of 
compliance with the part 15 rules that currently applies to devices 
subject to verification and certification (Sec.  15.19(a)) to include 
its use as part of the new procedure. It asked questions about the 
impact of such an approach, including reliance on the logo as a mark of 
device approval, use of the logo on a voluntary basis, and potential 
effect on the identification of unauthorized devices. Under parts 15 
and 18 of the rules, a responsible party can opt for the certification 
process in lieu of required DoC for the approval of certain 
unintentional radiators (e.g., Class B personal computers and 
peripheral devices). The NPRM asked whether the Commission should allow 
devices that would be subject to the new SDoC requirements to 
optionally be certified.
A. Updating Certification Procedures
    12. Certification differs from the other equipment authorization 
processes in that a grant of certification signifies that a Commission-
qualified party other than the manufacturer or compliance testing 
laboratory has found that the equipment can be marketed in compliance 
with the technical and administrative requirements of the rule part(s) 
under which it will be operated. The procedure also requires submission 
of compliance information to a TCB as a part of the approval process, 
and the grant of certification and associated FCC ID is published on 
the Commission's public Web site. The Commission recently streamlined 
its certification procedures by modifying the rules associated with the 
TCB review of certification applications. The NPRM focuses on 
simplifying and clarifying the procedures related to the filing of 
certification applications.
    13. Traditionally, most certifications were granted for complete 
devices (i.e. devices that do not require additional equipment to be 
capable of functioning). Increasingly, devices such as personal 
computers, mobile wireless devices, and utility meters embody complex 
designs and incorporate numerous previously certified modular 
transmitters made by other manufacturers. Modular transmitters are not 
intended for standalone use, and can be designed to broadly comply with 
the applicable Commission rules, or be certified for operation and/or 
installation in a host device based on compliance with certain specific 
conditions. In some cases, the compliance of an end product that 
incorporates certified modular transmitters may be based upon the 
original testing of the certified modular transmitters. In other cases, 
particularly where the new host device or end product has significant 
characteristics different from the original host device, further 
testing may be needed to ensure compliance of the new device or 
product. Additionally, manufacturers are increasingly designing 
transmitters that use software to set the operating parameters. Such 
RF-controlling software can allow adjustment of individual parameters 
or enable a device to operate in different modes, and the manufacturer 
may provide software upgrades in the field to enable new capabilities. 
We need to be assured that such devices only operate consistent with 
their certification. Also, software may be designed to only be modified 
by the grantee of certification or may be designed to permit third 
parties to enable new functions or frequency bands. Such trends are 
testing

[[Page 46903]]

the limits of the Commission's existing certification rules, and formed 
the basis for the NPRM's proposals.
    14. The Commission proposed to better accommodate these 
developments by amending its basic certification rule to acknowledge 
that certification may be obtained for three types of RF devices: a 
device capable of independent operation, (currently addressed by our 
certification rules), a modular transmitter that is designed for 
installation into a host device or as a peripheral to another device, 
and a host device consisting of one or more modular transmitters 
certified by other parties. Additionally, the Commission proposed to 
permit certification of a group of related devices that are certified 
under a single FCC ID. It also proposed to streamline certain 
application procedures to reduce the need to file new applications in 
many cases.
a. Modular Transmitters
    15. The Commission proposed to broadly apply the current rule 
governing certification of modular transmitters that operate in part 15 
unlicensed spectrum allocations to all RF devices regulated by the 
Commission. This change would acknowledge the increasing reliance on 
modular transmitters in RF devices designed for use in licensed radio 
services. The Commission's proposed part 2 rule provisions are 
consistent with this existing guidance in KDB Publication 996369. The 
proposed new rules would broadly apply to modular transmitters used in 
any RF device and would also maintain certain specific requirements 
that are currently only applicable to modular transmitters used in 
unlicensed devices.
    16. The Commission proposed to retain the concept of a ``limited 
modular approval,'' under which the manufacturer demonstrates in the 
certification application that the transmitter will comply with our 
rules only under specific circumstances. The Commission proposed to 
incorporate the part 15 rules and the guidance in KDB Publication 
996369 for limited modular approvals into the revised part 2 rule. In 
light of the comprehensive RF exposure rules that apply to all devices, 
the Commission also proposed to no longer specify a unique RF exposure 
requirement for modular transmitters. It also proposed to eliminate the 
rule provision that permits authorization of modular transmitters that 
are ``split'' into the ``radio front end'' (the radio elements) and the 
``transmitter control element'' (the hardware on which the software 
that controls the radio operation resides), based on its determination 
that such a device configuration has not been widely implemented. 
Additionally, the Commission proposed to permit certification of 
modular transmitters that consist of a single chip which has been 
tested to demonstrate compliance in a typical installation provided 
that the grantee includes detailed instructions for integration into 
other RF devices (i.e. host devices) to ensure that the ultimate 
configuration is consistent with the significant parameters for which 
it was tested. The Commission sought comment on all of these proposals.
    17. The Commission anticipated the possible development of devices 
that are nothing more than physical platforms (form factors) into which 
individual modular transmitter components can be inserted in an almost 
limitless variety of combinations. The Commission proposed that an 
applicant for certification of a modular device or a form factor that 
includes its own RF characteristics provide design guidelines, 
interface specifications, and authentication requirements that would 
guarantee that a module can operate on the form factor only with other 
modules whose collective RF emissions meet the rules' requirements. The 
Commission sought comment on whether this regulatory regime would 
enable the development of this kind of product while ensuring 
compliance with the rules--including those related to interference, RF 
exposure, and hearing aid compatibility.
b. Devices With Software-Based Capabilities
    18. The SDR rules were intended to allow manufacturers to obtain 
approval for changes to the RF operating parameters of a radio 
resulting from software changes without the need to physically re-label 
a device with a new FCC ID number in the field. For a device to be 
certified as an SDR, in addition to demonstrating that the device 
complies with the applicable technical requirements, the applicant must 
also demonstrate that the device contains security features to prevent 
the loading of software that would allow the radio to operate in 
violation of the Commission's rules. The applicant generally has the 
option of whether to declare a device an SDR. Once the grantee of a 
device that is classified as an SDR makes any hardware modifications 
that require approval, the rules do not permit any subsequent software 
changes absent the filing of an application to obtain a new FCC ID.
    19. The Commission found that the existing SDR rules have proven to 
be insufficiently flexible to meet the growing use of software-defined 
control elements in RF devices, and proposed to simplify the rules by 
removing the SDR designation from grants of certification and 
incorporating any necessary requirements for software control of RF 
parameters and software security for all devices in the general 
certification rules and guidance.
    20. The proposals would modify the SDR-related requirements in part 
2 of its rules based in part on the current Commission practices 
regarding software configuration control. To minimize the potential for 
unauthorized modification to the software that controls the RF 
parameters of the device, grantees would have to implement well-defined 
measures to ensure that certified equipment is not capable of operating 
with RF-controlling software for which it has not been approved. All 
manufacturers of devices that have software-based control of RF 
parameters would have to provide specific information about the 
software capabilities of their devices. The Commission proposed to 
require that an applicant for certification explicitly describe the RF 
device's capabilities for software configuration and upgradeability in 
the application for certification. This description would include all 
frequency bands, power levels, modulation types, or other modes of 
operation for which the device is designed to operate, including modes 
not enabled in the device as initially marketed. Also, an applicant for 
certification would have to specify which parties will be authorized to 
make software changes (e.g., the grantee, wireless service provider, 
other authorized parties) and the software controls that are provided 
to prevent unauthorized parties from enabling different modes of 
operation. This information would be included as part of the 
operational description information required in the application for 
certification. The Commission sought comment on these proposals.
2. Changes to Certified Equipment
    21. Under the current rules, the grantee of an equipment 
authorization may market devices having different model/type numbers or 
trade names without additional authorization from the Commission, 
provided that the devices are ``electrically identical'' and the 
equipment bears an FCC ID validated by a grant of certification. The 
Commission identified the concept of electrically identical as not 
appropriate to modern radio designs, discussed how

[[Page 46904]]

strict application of this concept can result in outcomes that 
unnecessarily burden manufacturers and constrain design flexibilities, 
and proposed revisions to the rules.
    22. Section 2.1043 categorizes three broad classes of permissive 
changes: Class I (changes are equipment modifications that do not 
degrade the characteristics associated with the initial grant of 
certification); Class II (changes that do degrade these performance 
characteristics); and Class III (modifications to devices originally 
specifically certified as SDRs). The NPRM noted that the proposal to 
eliminate an SDR-specific certification would eliminate the need to 
maintain the Class III category. For Class II changes (as well as Class 
III), the grantee can file an abbreviated application for certification 
under the same FCC ID. A change that falls outside the permissive 
change definitions requires a new FCC ID issued in conjunction with a 
new grant of certification based on a complete certification 
application.
    23. The current rules require a grantee to obtain a new approval 
with a different FCC ID and label its equipment accordingly when minor 
electrical component changes are made that have no effect on the 
overall functionality or compliance of the device. Because modern 
equipment is often designed using chips with a high level of integrated 
functions and with the capability to use software to control and/or add 
functions that modify the RF parameters reported at the time of 
certification, a device may add a completely new set of RF operating 
parameters from the already approved device and still be ``electrically 
identical'' under the rules and, thus, can be authorized under one FCC 
ID. The NPRM proposed to replace the ``electrically identical'' 
benchmark with a new standard that considers how the device differs 
from what was evaluated at the time of equipment certification and 
whether those differences could affect how the modified device complies 
with our rules. The Commission sought comment on two proposed broad 
categories of changes--those that do not require a new FCC ID and those 
that do. Under this regime, a manufacturer or other responsible party 
would evaluate the scope of changes and potentially test its modified 
device to determine the applicable change category.
    24. The Commission proposed that certain changes in layout, 
included components, operating software, or variations in overall 
electrical or mechanical constructions that do not substantially change 
the overall function of the device do not require a new FCC ID. Within 
this category, the Commission proposed to retain a distinction between 
changes that may be made without an additional filing and those changes 
that require an application for certification. The Commission proposed 
to continue to permit Class I permissive changes for those changes that 
do not degrade the device parameters normally reported in an equipment 
authorization application (including a decrease in the fundamental 
emissions that does not increase spurious emissions; an improved 
spurious emission performance; minor variations in the enclosure or 
components; and software changes that do not affect RF parameters). The 
Commission emphasized that such changes could not cause the fundamental 
emissions to increase, the spurious emissions to deteriorate, RF 
exposure to increase or HAC ratings to change. Based on the negligible 
risk that these types of minor changes would make the device 
noncompliant with the rules, the Commission proposed that the 
manufacturer or responsible party perform the modifications without 
notifying the Commission or a TCB. The Commission also asked if there 
were other circumstances that may be covered by the proposed Class I 
permissive change procedures.
    25. The Commission also proposed to modify its rules for Class II 
permissive changes that maintain the same FCC ID, but are, nonetheless, 
subject to filing and approval requirements. It proposed to permit 
changes that would increase the fundamental emissions or degrade 
spurious emissions or other parameters reported to the Commission from 
what was evaluated at the time of certification, as long as rules 
compliance is maintained and the overall layout, major frequency 
determining components and circuitry, or function of the device have 
not changed. Under this proposal, any modification to component layout 
must have the same device circuit design as that approved initially, 
and the replaced components for RF determining functions must have 
similar capabilities. The Commission envisioned that parties would make 
these types of changes to enable new capabilities such as new frequency 
bands or transmission formats mostly through software changes. 
Application of this standard would allow for component changes, 
including depopulating certain components like power amplifiers from 
the RF section of a device, without requiring a new FCC ID.
    26. When the grantee adds such capabilities through software 
changes it would be required to demonstrate the device controls that 
would prevent unauthorized software modifications by filing an 
application for certification, as a permissive change, under the same 
FCC ID. Such applications would need to clearly identify the changes 
made to the device and any revisions of the operational description 
associated with such changes, and demonstrate the modified device's 
compliance with the rules. If the grantee of a certified modular 
transmitter wants to use the transmitter in a manner for which it has 
not been approved, the grantee would have to also obtain a new grant of 
certification under the same FCC ID by filing an application with data 
that demonstrates compliance with all pertinent technical standards. 
The Commission also asked whether there other circumstances where 
changes would be allowed under the same FCC ID with the grant of a new 
certification.
    27. The NPRM proposed to permit a group of devices that are 
essentially similar, based upon the overall design of the devices, 
their functions, components and layout, to be authorized as a ``family 
of products'' under the same FCC ID without having to obtain distinct 
approval from a TCB for each device. The Commission proposed to permit 
a manufacturer to determine what constitutes a family of products. It 
asked about appropriate review and oversight mechanisms, and proposed 
that a manufacturer include in its initial filing or updated filing 
specific information about the variations in the products within a 
family, and identify any variations due to removal of some components. 
It asked whether it should also require the manufacturer to specify 
different model numbers for each variation of the product.
    28. The Commission concluded that certain device modifications 
(such as major changes in the design, layout or replacement of the 
components) would be substantial enough to require a new FCC ID that 
has been validated by a new grant of certification. The Commission 
proposed to revise Sec.  2.1043 and remove the ``electrically 
identical'' definition from Sec.  2.924 of the rules, and to add rules 
that address the modular transmitters, software-defined radio, and 
device change matters discussed. The Commission sought comment on these 
proposals.
3. Responsible Parties for Certified Equipment
    29. The grantee of certification is responsible for the compliance 
of the certified equipment. When another party modifies a device 
through either hardware or software changes without

[[Page 46905]]

the authority of the original grantee, or incorporates a certified 
device into another host device, that party becomes responsible for the 
modified device's compliance and must obtain a new FCC ID for its 
product. When a party other than the grantee of certification modifies 
a device under the authority of the original grantee, the party must 
obtain a new certification under either the original FCC ID with the 
original grantee's approval, or with a new FCC ID. The NPRM proposed to 
clarify the parties responsible for ensuring the compliance of devices 
in different scenarios, and to make sure that all devices requiring 
authorization have been properly tested for compliance and have a 
clearly-identified responsible party.
a. End Products Incorporating Certified Modular Transmitters
    30. Modular transmitters are certified as compliant with the 
Commission's rules based upon specific data about the intended device 
configuration and use that are provided by the grantee in its 
certification application. Limitations on the grant may be required to 
ensure that a particular host device, modular transmitter, or 
combination of modular transmitters used in an end product complies 
with the rules. Complications can arise when a certified modular 
transmitter has not been certified for use with a specific host device 
or it is being used in a manner that was not evaluated at the time it 
was certified. The Commission proposed to continue to apply the general 
principle that a party that creates an end product is responsible for 
the compliance of the end product it creates, and to establish rules 
for two general scenarios involving end products that incorporate 
certified modular transmitters.
    31. The NPRM outlined the following proposal for when the 
installation of a certified modular transmitter installed would not 
require a certification application: The Commission proposed to codify 
existing guidance, under which the party installing a certified modular 
transmitter (or multiple certified transmitters) into a device must 
follow all instructions provided by the manufacturer(s) concerning the 
installation of the modular transmitter(s), the type and layout of the 
transmit antenna(s), and any other steps that must be taken to ensure 
the compliance of the end product. A party using a certified modular 
transmitter in the authorized configuration, must first confirm that 
the host device was manufactured in compliance with its own equipment 
authorization and it must also ensure that the end product is of a type 
that has been tested for use under the modular transmitter's 
certification(s). If the host device already contains transmitters 
which may not have been certified separately, or the party is 
installing multiple certified modular transmitters, then each 
transmitter must have been certified for use in such a combination and 
the modular transmitters may only be installed in an approved 
configuration. If a certified modular transmitter is installed in a 
host and if the modular transmitter is installed in compliance with all 
of the conditions tested and established as part of certified modular 
transmitter's grant of certification, then a new certification would 
not be required for the resulting end product. The Commission further 
proposed to clarify that the installer is responsible for ensuring that 
the host device complies with the rules and was properly authorized 
prior to the installation of the modular transmitter. It also asked 
whether there are other conditions which should not require a new grant 
of certification.
    32. The NPRM outlined the following proposal for governing the 
installation of a certified modular transmitter that would require 
additional certification application(s): Consistent with the 
Commission's current guidance, when the certified modular transmitter 
or the combination of certified modular transmitters would result in a 
configuration that is not consistent with any of the modular 
transmitters' certifications; or host device-specific tests are 
required, the installer would have to ensure that the end product is 
tested to demonstrate compliance with all applicable technical 
requirements. Such tests must be conducted with the installed 
configuration of certified modular transmitters including any host-
based non-certified modular transmitters and the grant of certification 
of certified modular transmitter (or the host, when applicable) must be 
updated accordingly.
    33. The Commission proposed to codify two filing options to ensure 
that an end product is properly authorized in compliance with its 
rules. First, the installer could apply for a grant of certification 
for the complete end product (i.e. the host device and the certified 
transmitter(s)). Under this scenario, if the installing party has 
obtained the consent of the original certified modular transmitter 
grantee(s), then its application could reference the test data 
associated with the modular transmitter(s)' current certification, and 
provide supplemental test data as necessary. The original grantee of 
certification would continue to be responsible for compliance of its 
certified modular transmitter(s) and the end product manufacturer would 
be responsible for compliance of the additional capabilities of the 
certified modular transmitter(s) approved under the new FCC ID and for 
the end product.
    34. Under the second scenario, the grantee(s) of the certified 
modular transmitter(s) could modify the original grant(s) of 
certification to allow for such an integration into a host device under 
the original FCC ID(s). In this case, the original grantee of the 
certified modular transmitter would submit a new certification 
application with any supplemental data necessary to demonstrate that 
the previously certified modular transmitter or that certain 
combinations of modular transmitters would comply with the rules when 
appropriately installed in the specific host device. Depending on the 
nature and scope of the modifications, the original grantee would 
either retain the existing FCC ID for the certified modular transmitter 
and submit a new certification application pursuant to Sec.  2.1043, or 
it would submit a new certification application pursuant to Sec.  
2.1033 and receive a new FCC ID.
    35. This NPRM also seeks comment on how to address certified 
modular transmitters that are sold directly to consumers to be 
integrated into host devices or independently combined. The NPRM noted 
that application of the proposed rules would make the consumer, acting 
as the integrator, the responsible party for these end products, and 
identified practical difficulties with such an approach. It proposed to 
designate the certified modular transmitter grantee or the host 
provider as responsible for the end products that are intended for 
assembly by consumers, and asked whether it should place limits or 
conditions on grants of certification when equipment may be directly 
sold to consumers for assembly or integration. The Commission suggested 
that such conditions could require detailed instructions to the end 
user for proper installation and use of the device, as well as the 
inclusion of certain electrical or mechanical locks to limit authorized 
operation. It asked if there were other conditions that would help 
ensure compliant operation in such cases.
    36. The NPRM addressed a specific scenario that may occur when a 
modular transmitter's authorized parameters may be modified via 
hardware or software changes, resulting in the filing of a permissive 
change application for certification for the modular transmitter. Under 
the

[[Page 46906]]

Commission's proposal, when certifications have already been granted 
for end products that reference the original modular transmitter 
certification, then the existing certification for the end product 
would remain valid without further action. It sought comment on ways 
both manufacturers of certified end products and the FCC can better 
distinguish among the different versions of certified modular 
transmitters that may be incorporated into their products from that 
point forward, and asked if anything, short of requiring a permissive 
change application for certification of the end product, should be done 
to track whether authorized version(s) of certified modular 
transmitters have been incorporated in end products. The Commission 
also asked how it could ensure that the manufacturer of the end product 
is using the version of the certified modular transmitter which was 
approved with the original filing and whether it should continue to 
rely on the manufacturers of end products to make sure that their 
products continue to comply if there are variations in the certified 
modular transmitters.
    37. The Commission recognized that adoption of its proposals could 
require parties to perform additional compliance testing on the end 
product with one or a combination of modular transmitters installed. 
However, it tentatively concluded that such costs would be outweighed 
by the benefits of more clearly defining responsibilities prior to 
certification and marketing products, which, in turn would better 
ensure compliance with the Commission's rules. The Commission also 
sought comment on whether the proposal represented the least burdensome 
and most efficient way to meet these goals.
b. Modification of Certified Equipment by Third Parties
    38. The Commission proposed to eliminate exceptions to the 
principle that certified devices could not be modified by third parties 
unless the third party receives its own certification. It proposed to 
revise Sec.  2.909(d), which allows a new party that performs device 
modifications without the consent of the original grantee to become 
responsible for the compliance by labeling the device with a statement 
indicating it was modified, with the requirement that the party obtain 
a new grant of certification. It would have to specify a new FCC ID 
unless the consent of the original is obtained. The Commission asked 
whether the new procedure should also apply to parties that currently 
market devices with modified certification labels.
    39. The Commission proposed, for certified device operating under 
all rule parts, to require that any party making changes without the 
authorization of the original grantee of certification must obtain a 
new grant of certification and a new FCC ID. This would codify a 
uniform application process for instances where parties other than the 
original grantee wish to make changes to certified devices, and would 
remove the current distinctions in Sec.  2.1043(d) and (f) of the 
rules.
    40. The Commission also proposed that an application from a third 
party that would result in a new FCC ID for a previously-approved 
device must include documentation substantiating that the original 
grantee has given permission for the new applicant to reference its 
original filing, and asked what documentation should be considered 
sufficient for this purpose. It proposed to require the submission of a 
new application without references to the original grant of 
certification when changes are made without the original grantee's 
approval.
    41. The Commission also proposed to permit third-party RF-
controlling software modifications to previously certified devices 
under the same procedures that currently apply to grantee modifications 
of SDRs. The Commission also proposed to incorporate the technical 
requirements currently specified in the current SDR rule (which was 
proposed to be deleted) into its broadly applicable application 
processing rule.
c. Repaired and Refurbished Devices
    42. The Commission proposed to formally adopt its current practice 
whereby a third party that repairs or refurbishes certified equipment 
to the device's original specification does not need to submit an 
application for certification if the equipment continues to operate as 
specified in its current grant. If a party does not return the 
equipment to its original specification, it would be considered to be a 
modification to a certified device. Third parties that repair or 
refurbish certified equipment to the device's original specification 
without the grantee's permission would have to file an application for 
certification or take other action to ensure that the Commission could 
readily identify the third party and confirm that the repair would not 
constitute an impermissible modification. The Commission further 
proposed that activities routinely performed by users or personnel at 
retail stores, such as battery pack replacement and hard drive and 
memory installation, would not be considered modifications of the 
device's grant of certification. It asked whether there were other 
types of refurbishing services (such as repair of broken controls) that 
would make its proposed requirements unduly onerous.
d. Imported Equipment
    43. The Commission's rules currently prohibit the importation of 
devices that require an authorization, and for which no specific 
authorization has been obtained. Under the current rules, the importer 
of a certified device is not the party responsible for compliance with 
its rules. The Commission proposed to require that all applications for 
certification include the contact information of a party located in the 
United States that is responsible for compliance, and asked whether 
there were other options (including rules amendments) that would 
provide it with jurisdiction over the party responsible for the 
compliance of the equipment. The Commission also addressed the entry 
into U.S. markets of non-compliant devices when a foreign-based entity 
markets and ships a device directly to a United States customer without 
an intervening importer. It asked if it should consider the company 
that ships a non-compliant device into the U.S. as an importer under 
FCC rules, and questioned whether it should treat the United States 
customer who orders a non-compliant device as an importer in violation 
of its rules. The Commission proposed to enforce its importation rules 
against both the seller and the buyer.
4. Information Included With Applications for Certification
    44. The Commission proposed to streamline Sec.  2.1033 of the rules 
by combining the duplicative information requirements listed in the two 
sections of the rule that list the information that must be included 
with applications for certification and reorganizing the information 
required only in specific rule parts or for specific types of operation 
into a more logical structure. The Commission also proposed to modify 
its requirements for submission of device's operational description to 
include information about software used to control RF parameters and 
security to ensure unauthorized modification. It proposed to allow a 
third party that makes changes to certified devices or files 
applications that rely on pre-existing certifications to reference 
portions of the original grant of certification that are consistent 
with the device as integrated in its end product. The Commission 
further proposed to

[[Page 46907]]

permit the new responsible parties to refer to test data submitted in 
the original grantee's filing, and sought comment on what additional 
portions of the original grant of certification the applicant would it 
be appropriate to incorporate by reference into the new application for 
certification. The Commission also asked if there are any portions of 
the application that the new responsible party always be required to 
submit, how to codify such requirements, and whether there are certain 
parts of the original application that the new responsible parties 
could refer to without the grantee's permission.
    45. The Commission proposed to stop allowing filing of applications 
for certification or acceptance of requests to update documentation in 
their application file when such actions are not required, except as 
allowed under our permissive change rules. The Commission recognized 
that there may be interest in continuing to allow this practice. It 
asked questions about how it would codify rule to support such filings, 
including how to define the scope of permitted modifications and the 
role of TCBs and Commission oversight under such provisions.
5. Confidentiality of Certification Applications
    46. A TCB is required to upload all the information associated with 
a certification application to the Commission's Equipment Authorization 
System (EAS). When an equipment certification is granted in EAS, all 
application material is generally made available on the FCC Web site. 
Commencement of marketing can only begin after the grant of equipment 
certification and associated materials have been published on our Web 
site. Some of this information may be held confidential, under the 
Commission's current rules and procedures as described in the NPRM. The 
Commission proposed to modify these rules and procedures.
    47. Short-term confidentiality allows for the preparation for 
marketing of devices without disclosure of sensitive information to the 
public prior to actual sale, and is typically requested for information 
that will become discoverable once sales commence and the product and 
its related literature can be physically examined--e.g. external 
photos, internal photos, and user manuals. The Commission proposed to 
codify the short-term confidentiality procedure for the types of 
information described in the Commission's June 15, 2004 public notice, 
DA 04-1705, concerning short-term confidentiality requests. It would 
grant short-term confidentiality upon the applicant's request for 45 
days or an earlier date if specified by the applicant, which may be 
extended with serial requests to a maximum of 180 days. The applicant 
would not need to provide a specific justification for its request. The 
Commission would immediately end the short-term confidentially period 
if the device is marketed to the public or otherwise publicized by the 
applicant or by an entity acting on the applicant's behalf prior to the 
expiration of this period. The Commission may nevertheless reveal the 
information at any time if a request for inspection is filed and 
granted under Sec.  0.461 of the rules, our general provision that 
governs the release of information not routinely available for public 
inspection.
    48. The Commission proposed to require an applicant to identify the 
specific exhibits associated with an application for certification for 
which short-term confidentiality is requested, and not to grant 
confidentiality for information such as test reports and test set-up 
information that demonstrates that the product complies with the 
Commission's technical rules. However, it asked whether there would be 
benefits in making all application exhibits automatically considered 
part of a short-term confidentiality request, and asked whether 45 days 
with extensions up to 180 days total is the proper length of time to 
allow short-term confidentiality. Furthermore, the Commission also 
proposed to codify its current policy that the applicant must give 
notice to the TCB issuing the grant of certification prior to the 
device being marketed to the public or otherwise publicized so that the 
short-term confidentiality period may be immediately terminated. The 
Commission asked whether, as an alternative proposal, short-term 
confidentiality should automatically be granted for some or all 
exhibits without being specifically requested by the applicant, and, if 
so, which application exhibits should be given short-term 
confidentiality.
    49. Long-term confidentiality is intended to safeguard trade 
secrets, is intended for information that is not readily discoverable 
upon release of the device, and can last indefinitely. Long-term 
confidentiality is governed by Sec. Sec.  0.457(d) and 0.459 of the 
rules, which provides for information to be held confidential by the 
Commission unless a request for inspection is filed and granted per 
Sec.  0.461 of the rules, and requires a specific application seeking 
that material be given long-term confidential treatment. The Commission 
proposed to provide long-term confidentiality automatically (i.e. 
without specific justification), based on the fact that the vast 
majority of equipment authorization applications are accompanied by 
requests for long-term confidentiality for certain types of exhibits 
and that the requests are regularly granted, for the following types of 
exhibits: (1) Schematics, (2) block diagrams, (3) operational 
descriptions, and (4) parts list/tune-up information. It asked whether 
some of the exhibits should not be automatically be given long-term 
confidential treatment, and whether other exhibits beyond those listed 
be given long-term confidentiality. The Commission noted that its 
proposal is consistent with the process reform goal 5.42 in the FCC 
staff report in GN Docket 14-25.
    50. Finally, the Commission stated that it believes that its 
proposals for short- and long-term confidentiality would comply with 
its obligations under the Freedom of Information Act (FOIA) and the 
Trade Secrets Act, and sought comment on that conclusion.
6. Timeframe for Requesting Review of Certification Grants
    51. The Commission proposed to adopt rules to specify that the 
``release date'' for the grant of a certification is the date that the 
grant is published on the Commission's Web site. It stated that it 
believes that the date that the grant is published on its Web site is 
the appropriate public notice date as it is the date that the grant of 
the certification becomes known to the public and is the effective date 
of the certification grant. While this release date should be the date 
that will appear on any electronic or hard copies of the grant, the 
Commission proposed to specify the date of publication on our Web site 
to avoid any confusion should a mistake or other circumstance occur in 
which the dates do not match.
    52. The Commission stated that its proposals regarding 
confidentiality could affect the ability of parties to contest a 
certification grant, and asked whether the information that is always 
made immediately available provides notice to the public of the 
substance of a final Commission action that is adequate to determine 
whether and how to contest a grant. It asked whether, if it adopts the 
proposal to codify the current practice for granting short-term 
confidentiality, to require the applicant requesting confidentiality 
place a summary or a redacted version of the exhibits for which they 
are requesting short-term confidential treatment on our Web site at the 
time of the grant. The Commission also asked about issuance of a 
``provisional'' certification grant for

[[Page 46908]]

a device which otherwise is deemed to meet all the certification 
requirements that could be used for legal importation and distribution 
through the supply chain of devices prior to sale. When the device is 
sold to the public, the final certification grant would be made public, 
and that would constitute the public notice date. It asked if a 
different consideration should hold for determining the start of the 
thirty-day period in which the Commission can set aside an action on 
its own motion. Lastly, the Commission proposed that it could specify 
that a provisional grant constitutes a ``grant'' for purposes of its 
importation rules. It sought comment on all of these proposals, as well 
as any other options it should consider.
B. Updating Procedures Applicable to Both Certification and Self-
Approval
1. Labeling
    53. The Commission proposed to amend its regulations to comply with 
the provisions of the Enhance Labeling, Accessing, and Branding of 
Electronic Licenses Act (E-LABEL Act), which requires it to make 
regulations (or take other appropriate action) ``to allow manufacturers 
of radiofrequency devices with display the option to use electronic 
labeling for the equipment in place of affixing physical labels to the 
equipment.'' In addition, the Commission proposed to amend its labeling 
regulations to address devices that are too small to be legibly labeled 
with an FCC ID. The NPRM discussed rules that impose different labeling 
requirements on radio devices, including Sec.  2.925, Sec.  15.19, and 
other rule sections that require warning labels or other information to 
be attached to particular types of devices. It also discussed how the 
Commission's rules and guidance already permit electronic labeling in 
certain circumstances, including per KDB Publication 784748.
    54. Consistent with the E-LABEL Act, the Commission proposed to add 
a new rule to codify electronic labeling procedures. The rule would 
generally allow a radiofrequency device with an integrated electronic 
display to electronically display any labels required by our rules. 
This would include the FCC ID, as well as any warning statements or 
other information that our rules require to be placed on a physical 
label on the device. The rule would require that this electronic 
labeling information be secured in order to prevent modification by a 
third party. The NPRM discussed how the proposal is consistent with a 
2012 petition for rulemaking filed by the Telecommunications Industry 
Association (TIA) asking the Commission to permit the use of electronic 
labels as a substitute for physical labels, and concluded that the 
proposed rules would effectively satisfy TIA's request and thus makes 
the rulemaking petition moot.
    55. The Commission noted that the E-LABEL Act applies to devices 
that have ``the capability to digitally display required labeling and 
regulatory information,'' and proposed that if a device cannot display 
the labeling and regulatory information to the intended recipient in a 
manner that effects its purpose, it would not be considered to be 
capable of ``digitally displaying the required labeling and regulatory 
information'' as required by E-LABEL Act. The Commission proposed that 
the user be provided with prominent instructions on how to access the 
required labeling and regulatory information, in either the packaging 
material or another easily accessible format, at the time of purchase, 
and that these instructions be available on the product-related Web 
site, if one exists. The Commission also proposed that accessing the 
labeling and regulatory information not require any special codes or 
permissions. Furthermore, the Commission proposed that accessing the 
labeling and regulatory information should require no more than three 
steps. The Commission's proposal would not allow other forms of 
electronic labeling such as Radio Frequency Identification (RFID) tags 
or Quick Response (QR) codes to substitute for the on-screen 
information display, or otherwise permit displays that require the use 
of special accessories, supplemental software, or similar plug-ins. 
When the labeling information is electronically displayed, it must be 
clearly legible without the aid of magnification. The Commission also 
proposed to continue to require that devices that rely on a wireless or 
remote connection and have no display have a physical label, and stated 
that it believes this conclusion is consistent with the explicit terms 
of the E-LABEL Act which specifically refers to devices with an 
electronic display. It asked whether, alternatively, it should allow 
such devices to use an electronic label that is accessible via the 
connected smartphone, web interface, or other network connection, and 
if so, what additional requirements on how the labeling requirement is 
implemented would be needed. The Commission asked whether there are any 
additional requirements that it should include in the rule to make the 
labeling and regulatory information more accessible
    56. To provide information prior to purchase, to avoid a hazard or 
when devices are imported, the Commission proposed that devices 
displaying labeling and regulatory information electronically must also 
place this information either on the product packaging or on a 
(removable) physical label placed on the device at the time of 
importation, marketing, and sales. The Commission tentatively concluded 
that its proposal would comply with the E-LABEL Act because devices 
with electronic displays are not usually capable of electronically 
providing this information in an effective manner when the devices are 
typically inside packaging and uncharged. The devices therefore do not 
have ``the capability to digitally display required labeling and 
regulatory information'' in the context for which the requirement 
exists. The Commission sought comment on this proposal.
    57. The Commission stated that its proposed rules were not intended 
to change existing requirements to place warning statements or other 
information on device packaging or in user manuals or make information 
available at the point of sale, and tentatively concluded that such 
requirements are outside the scope of the E-LABEL Act. The Commission 
did not propose to require parties to display any information that is 
not already required by the rules as part of an electronic label, nor 
to eliminate the ability of manufacturers to continue to physically 
label devices if they wish to do so. It also sought comment on the 
costs and benefits of its proposals.
    58. The NPRM discussed other labeling rules that ensure that 
important safety-of-life information or warnings about illegal use of 
equipment is made prominently available to users of equipment, such as 
those contained in Sec. Sec.  15.121, 87.147, and 95.1402 of rules. The 
Commission asked whether provision of these types of warning statements 
using an electronic display would provide the information to the 
intended recipient in an ``effective'' manner when safety or illegal 
activity is at issue, or would the size and/or makeup of displays on 
these devices make visual communication of these warnings ineffective. 
It asked whether continuing to require physical labels for these 
warnings would be consistent with the E-LABEL Act and, if so, which 
physical labeling requirements the Commission should maintain.
    59. The Commission also addressed how the FCC ID may be 
communicated for small devices. The Commission current rules requires 
that the FCC ID on the label of a certified device be large enough to 
be readily legible, but does not specify what the device

[[Page 46909]]

manufacturer should do if the device is too small to display a legible 
label. It proposed to codify the guidance in KDB Publication 784748, 
which states that the FCC ID may be placed in the device user manual if 
the device is too small for the FCC ID to be readable (smaller than 4-6 
point font size).
    60. The Commission proposed to eliminate the requirement for part 
15 devices to be labeled with the FCC logo, and observed that doing so 
would make a pending request by the Information Technology Industry 
Council (ITI) moot. The Commission stated that it intends for its 
labeling rules to match the equipment authorization rules that it 
ultimately adopts, and invited commenters, in discussing other elements 
of its proposals, to identify the implications for device labeling and 
propose any further rule modifications that may be necessary.
    61. The Commission proposed to move the existing rule concerning 
labeling of modular transmitters from part 15 to part 2 of its rules. 
It also sought comment on how its proposed modifications to the rules 
governing modular transmitters would affect our labeling requirements 
and on alternative approaches that would still accomplish the goal of 
providing sufficient identification of a certified modular transmitter. 
For example, the NPRM asked if a modified label should be allowed to be 
placed on the host device that reads ``contains FCC ID xxxyyy changed 
from FCC ID aaabbb.''
2. Measurement Procedures
    62. The Commission proposed to modify Sec.  2.947(a)(3) to 
specifically reference the advisory information available in its online 
KDB publications. The Commission noted that devices increasingly have 
to demonstrate compliance with service-specific procedures described in 
other parts of our rules, stated that it intends to consolidate 
references to measurement procedures into part 2, to the extent 
practicable, and asked if, until this consolidation can occur, it 
should further modify Sec.  2.947 to state that other rule parts may 
specify additional measurement procedures.
    63. The Commission made further proposals related to the 
measurement procedures for RF devices operating under the part 15 rules 
described in Sec. Sec.  15.31, 15.32, 15.33, and 15.35; and the part 18 
rules as described in Sec.  18.311, with Sec.  18.309. The Commission 
proposed to revise these sections in a manner that references 
procedures that will be published by OET as KDB Publications and to 
provide clarifying text. The Commission asked about further 
consolidating these rules to simply cross-reference Sec.  2.947.
    64. The Commission also sought comment on whether the measurement 
procedures specified in Sec.  15.31(a)(3) and (4) (referencing ANSI 
C63.4-2014 and ANSI C63.10-2013) are sufficient to address compliance 
testing for devices subject to the part 15 requirements, such that it 
could remove specific measurement procedures in Sec.  15.31-15.35. It 
proposed to modify Sec.  15.35 to clarify the measurement detector 
functions and bandwidth requirements and to replace an old reference to 
CISPR Publication 16 in Sec.  15.35 with an updated reference to the 
measurement instrumentation procedures in ANSI C63.4-2014. It proposed 
to eliminate the note associated with Sec.  15.35(a) that affords 
specific treatment of certain pulse modulated devices and instead rely 
on the emission measuring instrumentation specifications in ANSI C63.4-
2014. It proposed to introduce measurement procedures for the 
certification of composite systems in the part 2 rules that are similar 
to those contained in Sec. Sec.  15.31(h) and 15.31(k), while retaining 
certain specific requirements in the part 15 rules. The Commission 
asked whether there are alternatives to its proposed rules for 
measurement procedures that would better promote clarity and 
accommodate future technological developments and sought comment on the 
relative costs and benefits its proposals and any alternatives.
    65. The Commission noted the ongoing development of a new standard, 
ANSI C63.26, by ANSI-ASC C63, and asked whether references to the 
applicable measurement procedures in ANSI C63.26 could potentially 
replace measurement procedures in part 2 for RF power output, 
modulation characteristics, occupied bandwidth, spurious emissions at 
antenna terminals, field strength of spurious radiation, frequency 
stability, and frequency spectrum. It asked if references to part 2 
(and, by extension, ANSI C63.26) could replace the specific measurement 
procedures and details that are presently contained in many of the 
individual service rules and whether the measurement procedures in part 
2 would need to be changed in order to clarify these procedures. It 
asked parties to take the ANSI C63.26 standards development into 
account when drafting their comments and asked if there are any other 
actions that will help it reference the best and most up-to-date 
standards for making measurements on equipment used in the Commission's 
licensed radio services.
3. Rule Consolidation and Modification
    66. The Commission proposed to delete Sec.  2.1043(g) through (l) 
because these provisions address changes to previously approved 
broadcast equipment that are no longer necessary because such equipment 
is now subject to verification. It proposed to add a new paragraph to 
Sec.  2.1043 advising that parties may modify previously-approved 
broadcast transmitters, provided the modified transmitter complies with 
our authorization procedures or is otherwise shown to comply with the 
part 73 rules. It proposed to state that a previously approved 
broadcast transmitter that was later modified must either be labeled 
with a statement indicating that it was modified after approval, or the 
original FCC ID number must be permanently covered or removed. The 
Commission proposed to retain these provisions in Sec.  2.1043(e) (re-
designated as Sec.  2.1043(h)) because they provide a means for non-
manufacturer amateur radio users to modify equipment that had 
previously been certified or type accepted, and sought comment on 
whether the rule should be amended for clarity or consistency between 
parts 2 and 97 of the rules.
    67. The Commission proposed to delete Sec.  2.813 of the rules, 
because there are no provisions in part 27 comparable to the former 
part 74 rules that this rule was written to govern. It also proposed to 
delete Sec.  15.239(d) of the rules, which permits an educational 
institution to conduct experimentation in the 88-108 MHz band using a 
custom-built telemetry intentional radiator after submission of an 
operational description. It observed that the Commission's general 
experimental licensing rules provide an effective means for such 
experimentation.
C. Importation Rules
    68. Subpart K of part 2 of the rules sets out the conditions under 
which RF devices that are capable of causing harmful interference to 
radio communications may be imported into the United States. The 
Commission identified several proposals to lessen or eliminate the 
filing burdens associated with the importation rules, as described.
1. Importation Declaration
    69. The Commission proposed to eliminate Sec. Sec.  2.1205 and 
2.1203(b) to remove filing requirements that are now associated with 
FCC Form 740, and to discontinue that form. Section 2.1203 of the 
Commission's rules states that no RF device may be imported unless the 
importer or ultimate consignee (or their

[[Page 46910]]

designated customs broker) declares that the device meets the 
conditions of entry set forth in our importation rules subpart. Section 
2.1205 provides two ways to make this declaration: An electronic FCC 
declaration submitted to CBP in addition to the electronic entry 
summary required by CBP; and FCC Form 740, attached to the CBP-required 
entry papers. The NPRM discussed how compliance with the importation 
rules is implicitly addressed by the information already required by 
CBP, and how the Commission believes that by modifying its importation 
rules and procedures in this manner it will be able to reduce 
substantial administrative burdens while retaining sufficient 
enforcement tools to ensure that parties continue to comply with the 
Commission's equipment authorization and importation requirements. It 
sought comment on these proposals, as well as on additional rule 
modifications that would support its goals.
    70. The Commission asked commenters to consider its proposals in 
light of the potential use of provisional grants. It asked whether 
there are there additional steps, such as self-certification or 
required recordkeeping that would be necessary to ensure that parties 
continue to comply with the Commission's overall part 2 importation, 
and how such considerations would be affected if the Commission were to 
require the identification of a domestic responsible party.
2. Modification of Customs Bonded Warehouse Requirement
    71. The Commission proposed to remove the explicit bonded warehouse 
requirement in Sec.  2.1201(c). It discussed how the issuance of 
provisional grants of certification (as discussed above) could reduce 
or eliminate the need for using bonded warehouses and, if so, whether 
it would effectively meet manufacturers' importation and marketing 
needs. The Commission asked whether it should retain the option to use 
a bonded warehouse for any imported devices which are unauthorized and 
that have not received such provisional approval; and, if not, what it 
should do to ensure that unauthorized devices are not widely 
distributed.
3. Increasing the Number of Trade Show Devices
    72. The Commission proposed to modify Sec.  2.1204(a)(4) by 
increasing the number of devices that can be imported for demonstration 
purposes at a trade show from 200 to 400 for devices that are used in 
licensed services and from 10 to 400 for other products, thus applying 
a single limit to all types of devices for trade show demonstration 
purposes. It stated that it believes the current limit is insufficient 
to accommodate the needs of modern trade shows and conventions, and 
that the increased limit will reduce the administrative burden on both 
manufacturers and importers. It sought comment on the proposal, and the 
relative costs and benefits.
4. Excluded Devices
    73. The Commission proposed to remove the list of battery-powered 
unintentional radiators that are exempt from complying with the 
importation conditions contained in Sec.  2.1202(a), based on its 
belief that the examples are outdated and that such devices are now 
significantly more sophisticated and often contain circuitry that 
increases the risk of harmful interference.
5. Devices Imported for Personal Use
    74. The Commission proposed to expand its exception on devices 
imported for personal use by modifying its existing personal use 
exception for up to three devices to encompass devices that use both 
licensed and unlicensed frequencies. It asked if there are targeted 
exceptions within the Commission's existing rules that should also be 
updated or removed. It asked whether the three-device limit is still 
appropriate, and if a different limit would provide adequate protection 
against harmful interference without unduly restricting individuals' 
personal use importation.
D. Updating and Modifying Rule Sections
    75. The Commission proposed to comprehensively reorganize and 
simplify part 2, Subpart J of the rules as shown in the proposed rule 
section, and to make modifications to other related rule sections, to 
account for the proposals in the NPRM. It recognized that there are 
many additional references to the equipment authorization procedures 
throughout the Commission's rules, and proposed to make the necessary 
conforming revisions, such as updating specific rule section cross-
references, modifying outdated terminology. The Commission listed in a 
separate appendix of the NPRM, these rule sections by number, and 
invited commenters to identify any additional rules that would require 
such revisions.
E. Transition Period
    76. The Commission proposed to make any rule changes adopted as a 
result of the NPRM effective immediately upon their publication in the 
Federal Register, but to permit manufacturers to continue to self-
approve products using the existing DoC or verification procedures for 
up to one year from the effective date of the rules if they so choose.
Incorporation by Reference
    77. The OFR recently revised the regulations to require that 
agencies must discuss in the preamble of the rule ways that the 
materials the agency incorporates by reference are reasonably available 
to interested persons and how interested parties can obtain the 
materials. In addition, the preamble of the rule must summarize the 
material. 1 CFR 51.5(b). In accordance with OFR's requirements, the 
discussion in this section summarizes ANSI standards. Copies of the 
standards are also available for purchase from these organizations: The 
Institute of Electrical and Electronic Engineers (IEEE), 3916 Ranchero 
Drive, Ann Arbor, MI 48108, 1-800-699-9277, http://www.techstreet.com/ieee; and the American National Standards Institute (ANSI), 25 West 
43rd Street, 4th Floor, New York, NY 10036, (212) 642-4900, http://webstore.ansi.org/ansidocstore.
    78. (1) ANSI C63.4-2014: ``American National Standard for Methods 
of Measurement of Radio-Noise Emissions from Low-Voltage Electrical and 
Electronic Equipment in the Range of 9 kHz to 40 GHz,'' ANSI approved 
June 13, 2014, Section 4 IBR proposed for Sec.  15.35(a).
    79. This standard, ANSI C63.4-2014, contains methods, 
instrumentation, and facilities for measurement of radiofrequency (RF) 
signals and noise emitted from electrical and electronic devices in the 
frequency range of 9 kHz to 40 GHz, as usable, for example, for 
compliance testing to U.S. (47 CFR part 15) and Industry Canada (ICES-
003) regulatory requirements.
    80. (2) ANSI C63.10-2013, ``American National Standard of 
Procedures for Compliance Testing of Unlicensed Wireless Devices,'' 
ANSI approved June 27, 2013, Section 5.7 IBR proposed for Sec.  
15.31(m) and Section 5.5 IBR proposed for Sec.  15.33(a).
    81. This standard, ANSI C63.10-2013, contains standard methods and 
instrumentation and test facilities requirements for measurement of 
radio frequency (RF) signals and noise emitted from unlicensed wireless 
devices (also called unlicensed transmitters, intentional radiators, 
and license-exempt transmitters) operating in the frequency range 9 kHz 
to 231 GHz.

[[Page 46911]]

    Section 15.38 of the Commission's rules, 47 CFR 15.38, would 
likewise be updated to reflect these incorporations by reference.

Procedural Matters

F. Ex Parte Rules--Permit-But-Disclose
    82. The proceeding this NPRM initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b). In proceedings governed by 
Sec.  1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
G. Paperwork Reduction Act
    83. This document contains proposed modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the Commission seeks specific comment on how we 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Initial Regulatory Flexibility Analysis

    84. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this Notice of Proposed Rule Making 
(NPRM). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments on the NPRM provided in the item. The Commission 
will send a copy of the NPRM, including this IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration (SBA).\2\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See 5 U.S.C. 603(a).
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Proposed Rules
    85. The purpose of this Notice of Proposed Rulemaking (NPRM) is to 
update the rules that govern the evaluation and approval of 
radiofrequency (RF) devices. The Commission ensures compliance with its 
technical rules through the equipment authorization program for RF 
devices; the technical rules are the means by which the Commission 
carries out its responsibilities under section 302 of the 
Communications Act of 1934, as amended, which permits the Commission to 
make reasonable regulations governing the interference potential of 
devices that emit RF energy and can cause harmful interference to radio 
communications. By updating our rules, we can continue to ensure that 
hundreds of millions of radio transmitters, consumer products, and 
other electronic devices will continue to share the airwaves 
successfully. Our objective is to enable innovation and growth in the 
development and use of RF devices by providing a clear path for 
products to demonstrate compliance with the FCC rules so that they may 
be brought to the market expeditiously.
    86. The NPRM addressed the types of authorization procedures used 
to approve equipment, the effect of changes to authorized equipment, 
and the responsibilities of parties for complying with our rules. It 
also addresses the importation of radio devices. The Commission last 
comprehensively reviewed its equipment authorization procedures more 
than fifteen years ago.\3\ The changes in the way today's equipment is 
designed, manufactured, and marketed--as well as the sheer number of 
such devices that need to be authorized--warrant modifications to the 
rules that specify the equipment subject to our equipment authorization 
procedures and responsibilities of the various stakeholders. Our 
proposals complement the recent actions taken by the Commission to 
modify the equipment authorization rules that address the obligations 
of Telecommunication Certification Bodies (TCBs) that certify RF 
equipment and the laboratories that test equipment subject to the 
certification process.\4\
---------------------------------------------------------------------------

    \3\ See Amendment of Parts 2, 15, 18 and Other Parts of the 
Commission's Rules to Simplify and Streamline the Equipment 
Authorization Process for Radio Frequency Equipment, ET Docket No. 
97-94, Report and Order (Equipment Authorization Procedures Order), 
13 FCC Rcd 11415 (1998).
    \4\ See Amendment of Parts 0, 1, 2, and 15 of the Commission's 
Rules regarding Authorization of Radiofrequency Equipment and 
Amendment of Part 68 regarding Approval of Terminal Equipment by 
Telecommunications Certification Bodies, Report and Order (TCB 
Order), ET Docket No. 13-44, FCC 14-208, 29 FCC Rcd 16335 (2014). 
The TCB Order largely addressed the processes by which certification 
applications are to be evaluated.
---------------------------------------------------------------------------

Legal Basis

    87. The proposed action is taken pursuant to sections 1, 4(i), 
7(a), 301, 303(f), 303(g), 303(r), 307(e), 332, and 622 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 157(a), 
301, 303(f), 303(g), 303(r), 307(e), 332, and 622; and Sec. Sec.  
0.31(g), 0.31(i), and 0.31(j) of the Commission's rules, 47 CFR 
0.31(g), 0.31(i), and 0.31(j).
C. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply
    88. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\5\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental

[[Page 46912]]

jurisdiction.'' \6\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\7\ A ``small business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA).\8\ The Commission has not 
developed a definition of small entities applicable to RF Equipment 
manufacturers. The most analogous definition of small entity is that 
which is contained in the rules applicable to manufacturers of ``Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing.'' This NPRM addresses the repair of devices that are 
subject to the Commission's equipment authorization rules. For this, we 
also include small entities associated with an additional category, 
``Communication Equipment Repair and Maintenance,'' in our analysis.
---------------------------------------------------------------------------

    \5\ See 5 U.S.C. 603(b)(3).
    \6\ See 5 U.S.C. 601(6).
    \7\ See 5 U.S.C. 601(3) (incorporating by reference the 
definition of ``small-business concern'' in the Small Business Act, 
15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory 
definition of a small business applies ``unless an agency, after 
consultation with the Office of Advocacy of the Small Business 
Administration and after opportunity for public comment, establishes 
one or more definitions of such term which are appropriate to the 
activities of the agency and publishes such definition(s) in the 
Federal Register.''
    \8\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    89. Radio and Television and Wireless Communications Equipment 
Manufacturing. The Census Bureau defines this category as follows: 
``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \9\ The SBA has developed a small business 
size standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: All such firms having 
750 or fewer employees. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. Of this total, 912 had less than 500 
employees and 17 had more than 1000 employees.\10\ Thus, under that 
size standard, the majority of firms can be considered small.
---------------------------------------------------------------------------

    \9\ The NAICS Code for this service 334220. See 13 CFR 121.201. 
See also http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=300&-ds_name=EC0731SG2&-_lang=en.
    \10\ See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en.
---------------------------------------------------------------------------

    90. Communication Equipment Repair and Maintenance. This industry 
comprises establishments primarily engaged in repairing and maintaining 
communications without retailing new communication equipment, such as 
telephones, fax machines, communications transmission equipment, and 
two-way radios.\11\ The SBA has developed a size standard for this 
industry which is that any firm whose annual receipts are $11 million 
or less is defined as a small business.\12\ Census Bureau data for 2007 
indicated that in this industry, 1,415 firms operated for the entire 
year. Of these firms, 1,273 operated with annual receipts of less than 
$10 million dollars. Based on this date, the Commission concludes that 
the majority of firms operating in this industry is small.\13\
---------------------------------------------------------------------------

    \11\ http://wwww.census.gov/cgi-bin/sssd/naics/naicsrch.
    \12\ 13 CFR 121.201, NAICS Code 811213.
    \13\ http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_81SSSZ4&prodType=table.
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    91. Currently, the Commission ensures that RF equipment complies 
with its technical requirements by specifying that devices must be 
authorized in accordance with one of three procedures specified in 
subpart J of part 2 of the rules--certification, Declaration of 
Conformity (DoC), and verification. The NPRM proposes to update the 
certification process and replace the DoC and verification processes 
with a single process.
    92. Certification is typically applied to RF equipment employing 
new technology for which the testing methodology is relatively complex 
or not well defined, or that otherwise is considered to have the 
highest risk of interference.\14\ TCBs approve equipment under the 
certification procedure based on review of an application that provides 
test reports and all of the other information specified in the 
Commission's rules. Certified devices are uniquely identified by an FCC 
Identifier (FCC ID), which must be included on the device label.\15\ 
All certified equipment is listed in a Commission database that 
includes the application for certification, test report and other 
material.\16\
---------------------------------------------------------------------------

    \14\ See 47 CFR 2.907.
    \15\ See 47 CFR 2.925 and 2.926. The FCC ID consists of two 
elements--a grantee code and an equipment product code.
    \16\ The Commission's Equipment Authorization System (EAS) can 
be accessed at https://apps.fcc.gov/oetcf/eas/reports/GenericSearch.cfm.
---------------------------------------------------------------------------

    93. DoC and verification are self-approval procedures in which the 
responsible party is required to take specific actions to ensure that 
its equipment complies with our rules. DoC and verification procedures 
are permitted for certain types RF devices that operate under part 15 
or part 18 of our rules. DoC requires the responsible party, in 
addition to taking the necessary steps to ensure that the equipment 
complies with the appropriate technical standards, to use a recognized 
accredited test laboratory when testing devices.\17\ The responsible 
party also must include a compliance information statement with the 
product that identifies the product and a responsible party within the 
United States.\18\ Under verification, the responsible party must also 
take the necessary steps to ensure that the equipment complies with the 
appropriate technical standards, but there are no requirements to use 
recognized test laboratories and supply a compliance information 
statement with the product.\19\ Unlike certification, the DoC and 
verification procedures do not require submittal of an application to 
the FCC or a TCB, the explicit grant of approval, or submission of a 
test device (unless specifically requested by the Commission). Also, 
unlike certified devices, this equipment does not have an FCC ID, and 
is not listed in an FCC database.
---------------------------------------------------------------------------

    \17\ See 47 CFR 2.906. The party responsible for compliance is 
defined in 47 CFR 2.909.
    \18\ See 47 CFR 2.1077, 15.19(a)(3), and 18.209(b). Only parts 
15 and 18 equipment is currently covered by DoC. For example, part 
15 devices subject to the DoC rules must be labeled with the 
following statement: ``This device complies with part 15 of the FCC 
Rules. Operation is subject to the following two conditions: (1) 
This device may not cause harmful interference, and (2) this device 
must accept any interference received, including interference that 
may cause undesired operation.'' See also 47 CFR 2.1075 and 2.946 
(describing circumstances in which the responsible party must submit 
to the Commission records of the original design drawings and 
specifications, the procedures used for production inspection and 
testing, a report of RF emission measurements, the compliance 
information statement, and a sample of the device).
    \19\ See 47 CFR 2.909(b), 2.946, 2.953, 2.955, and 2.956.
---------------------------------------------------------------------------

    94. The Commission notes that the current state of RF equipment 
production makes the existing distinctions between the two self-

[[Page 46913]]

approval processes less meaningful, and, thus, the NPRM proposes to 
combine elements of DoC and verification into a single self-approval 
process for equipment that has a strong record of compliance and for 
which there is minimal risk of causing harmful interference 
(tentatively identified as a ``Supplier's Declaration of Compliance'' 
or ``SDoC''). Our objective is to recognize our increased comfort with 
self-approval procedures by streamlining the procedures and eliminating 
those elements that serve to increase the costs of complying with our 
rules and that provide benefits that are of only marginal utility.
    95. The Commission believes that our actions will minimize the 
compliance costs borne by small entities by, for example, eliminating 
the mandate to use accredited laboratories that is currently associated 
with the DoC rules, removing the requirement to display the FCC logo on 
the equipment identification label, and, potentially, allowing devices 
that are currently subject to certification to be authorized under the 
new SDoC procedures. The Commission recognizes that manufacturers of 
devices currently subject to verification may be subject to some 
minimal additional requirements under SDoC, most notably that the 
manufacturers include a written compliance statement with the 
literature furnished to the user that serves to identify the party 
responsible for the device's compliance with the Commission's 
regulations. The Commission nevertheless believes that, on the whole, 
the use the SDoC process will also make it easier for manufacturers to 
comply with recordkeeping and reporting requirements because we will 
for the first time adopt a single, streamlined self-approval process 
that is easy to understand, simple to apply, and that is better aligned 
with existing international processes. We anticipate minimal costs 
associated with modifying existing processes and procedures to comply 
with the proposed rule, and that any such costs will be quickly 
recouped by the savings realized under use of the new SDoC procedures.
    96. The NPRM also proposes amendments to the certification rules 
that are intended to provide RF equipment manufacturers with a clear 
understanding of the application requirements and their compliance 
responsibilities for a variety of design scenarios. Among other things, 
we propose to permit certification of modular transmitters for licensed 
services, and to clearly specify the rules for integration of certified 
modular transmitters and for when the host devices may be subject to 
certification. We propose to clearly codify requirements related to an 
RF device's capabilities for software configuration and upgradeability 
in the application for certification. We further propose that an 
applicant for certification must specify which parties will be 
authorized to make software changes (e.g., the grantee, wireless 
service provider, other authorized parties) and the software controls 
that are provided to prevent unauthorized parties from enabling 
different modes of operation. We do not anticipate that these changes 
will introduce new costs and, in many cases, will allow device 
manufacturers greater flexibility in how they comply with our rules and 
more certainty that their applications will not be returned or 
rejected.
    97. We are also proposing to streamline certain application 
procedures which we believe will reduce the need to file new 
applications in many cases. In this regard, the NPRM includes proposals 
to revise and clarify the rules that govern equipment certification, 
including specifying when device changes necessitate a new FCC ID. Such 
actions will serve to reduce or eliminate existing compliance 
requirements for device manufacturers. Additionally, we are making 
proposals that address confidentiality, public notice of grants, the RF 
device importation rules, and the measurement procedures that are used 
to demonstrate device compliance. These proposals are designed to 
reduce overall compliance burdens by better aligning the production, 
importation and device marketing interests and practices of device 
manufacturers with our equipment authorization procedures and 
fundamental interest in ensuring that hundreds of millions of radio 
transmitters, consumer products, and other electronic devices continue 
to share the airwaves successfully.
    98. Finally, recently adopted legislation (the E-LABEL Act) 
requires the Commission to, within nine months after the law's passing, 
``promulgate regulations or take other appropriate action, as 
necessary, to allow manufacturers of radiofrequency devices with 
display the option to use electronic labeling for the equipment in 
place of affixing physical labels to the equipment.'' \20\ We propose 
to amend our regulations to comply with the provisions of this 
legislation. In addition, we propose to amend our labeling regulations 
to address devices that are too small to be legibly labeled with an FCC 
ID.
---------------------------------------------------------------------------

    \20\ Enhance Labeling, Accessing, and Branding of Electronic 
Licenses Act of 2014, Public Law 113-197 (Nov. 26, 2014).
---------------------------------------------------------------------------

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    99. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.'' \21\
---------------------------------------------------------------------------

    \21\ 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------

    100. As discussed, the overall approach we have taken is to propose 
to clarify, consolidate, and simplify our equipment authorization of 
compliance and reporting requirements where possible. Such proposals 
include, but are not limited to, eliminating use of accredited labs 
under the SDoC procedure, streamlining importation requirements by, for 
example, eliminating the use of FCC Form 740, and providing for 
confidentiality in some cases without the need to file specific 
confidentiality requests. Given our interest in evaluating the 
interference potential of devices that emit RF energy and can cause 
harmful interference to radio communications, we believe that these 
steps should apply to all device manufacturers, including small 
entities. In crafting this regulatory relief, we have not identified 
any additional steps that we could take with respect to small entities 
that could not also be applied to all device manufacturers.
    101. The NPRM also recognizes that there may be existing processes 
that we have proposed to streamline or eliminate that certain device 
manufacturers may still find beneficial. These include, for example, 
filing for certification of devices that may be approved under the SDoC 
procedures, and placing the FCC logo on devices that would no longer 
require such marking. Although one approach would be to retain any 
requirement that has been identified as having value, we have 
tentatively rejected that approach. Instead, we propose to allow but 
not

[[Page 46914]]

require parties to engage in such practices if they find them useful. 
By doing so, we will not unnecessarily burden small entities that no 
longer wish to retain such practices.
    102. As directed by the E-LABEL Act, we proposed to add a new 
section to our rules to codify electronic labeling procedures.\22\ The 
new rule will generally allow a radiofrequency device with an 
integrated electronic display to electronically display any labels 
required by our rules. This will include the FCC ID required by our 
certification rules as well as any warning statements or other 
information that our rules require to be placed on a physical label on 
the device. The rule will require that this electronic labeling 
information is secured in order to prevent modification by a third-
party. While the E-LABEL Act is not directed at small entities, we 
recognize that the use of electronic labeling can potentially decrease 
costs for all device manufacturers because it will provide a means by 
which manufacturers will no longer have to affix permanent labels to 
devices. We nevertheless recognize that small entities may not wish to 
incur the costs associated with changing their processes to produce 
electronic label displays. As such, we are not proposing to require 
parties to display any information as part of an electronic label not 
already required by our rules, nor are we proposing to eliminate the 
ability of manufacturers to continue to physically label devices if 
they wish to do so.
---------------------------------------------------------------------------

    \22\ See proposed amendment of 47 CFR 2.935 in proposed rules.
---------------------------------------------------------------------------

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    103. None.

Ordering Clauses

    104. Pursuant to sections 1, 4(i), 7(a), 301, 303(f), 303(g), 
303(r), 307(e), 332, and 622 of the Communications Act of 1934, as 
amended, 47 U.S.C. Sections 151, 154(i), 157(a), 301, 303(f), 303(g), 
303(r), 307(e), 332, and 622, and Sec. Sec.  0.31(g), 0.31(i), and 
0.31(j) of the Commission's rules, 47 CFR 0.31(g), 0.31(i), 0.31(j), 
this Notice of Proposed Rulemaking IS ADOPTED.
    105. The Petition for Rulemaking filed by the Telecommunications 
Industry Association (RM-11673) on August 6, 2012 is DISMISSED.
    106. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, SHALL SEND a copy of this Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies), Reporting and 
recordkeeping requirements.

47 CFR Part 2

    Communications equipment, Reporting and recordkeeping requirements.

47 CFR Part 15

    Communications equipment, Incorporation by reference, Radio, 
Reporting and recordkeeping requirements.

47 CFR Part 18

    Radio, Reporting and recordkeeping requirements, Scientific 
equipment.


Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer.

Proposed Rules

    For the reasons set forth in the preamble, the Federal 
Communications Commission proposes to amend parts 0, 1, 2, 15 and 18 of 
title 47 of the Code of Federal Regulations as follows:

PART 0--COMMISSION ORGANIZATION

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

    Authority:  Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.

0
2. Section 0.457 is amended by revising paragraph (d)(1)(ii) to read as 
follows:


Sec.  0.457  Records not routinely available for public inspection.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Applications for equipment authorizations and materials 
relating to such applications are not routinely available for public 
inspection prior to the effective date of the authorization. The 
effective date of the authorization will, upon request, be deferred to 
a date no earlier than that specified by the applicant.
    (A) Following the effective date of the equipment authorization, 
material in the application and related materials (including technical 
specifications and test measurements) will be made available for public 
inspection by placement in the Commission's public database except as 
specified in paragraphs (d)(1)(ii)(B), (C), and (D) of this section.
    (B) Portions of applications for equipment certification of 
scanning receivers and related materials will not be made available for 
inspection.
    (C) Exhibits from an equipment authorization application that set 
forth schematics, block diagrams, operational descriptions, or parts 
lists/tune-up procedures will not be made available for public 
inspection except upon grant of a request under Sec.  0.461.
    (D) Upon requests by the applicant, the following exhibits from an 
equipment authorization application will not be made available for 
public inspection for a period of 45 days after the effective date of 
the equipment authorization except upon grant of a request under Sec.  
0.461 external photos, test setup photos, user's manual, and internal 
photos. The 45-day time period may be extended in 45-day increments up 
to a maximum of 180 days upon request. These exhibits will immediately 
be made available to the public if the device is marketed to the public 
or otherwise publicized by the applicant or by an entity acting on the 
applicant's behalf prior to the expiration of this period. The 
applicant must notify the Telecommunication Certification Body (TCB) 
issuing the equipment authorization prior to the device being marketed 
to the public or otherwise publicized.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
3. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

0
4. Section 2.1(c) is amended by revising the definition of ``Software 
defined radio'' to read as follows:


Sec.  2.1  Terms and definitions.

* * * * *
    Software defined radio. A radio that includes a transmitter in 
which the operating parameters of frequency range, modulation type or 
maximum output power (either radiated or conducted), or the 
circumstances under which the transmitter operates in accordance with 
Commission rules, can be altered by making a change in software without 
making any changes to hardware components that affect the radio 
frequency emissions.
* * * * *


Sec.  2.813  [Removed]

0
5. Remove Sec.  2.813.

[[Page 46915]]

0
6. 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 authorized 
under a Supplier's Declaration of Conformity or receive a grant of 
certification from a Telecommunication Certification Body.
    (b) The following sections describe the procedure for a Supplier's 
Declaration of Conformity and the procedures to be followed in 
obtaining certification and the conditions attendant to such a grant.


Sec.  2.902  [Removed]

0
7. Remove Sec.  2.902.
0
8. Section 2.906 is revised to read as follows:


Sec.  2.906  Supplier's Declaration of Conformity.

    (a) Supplier's Declaration of Conformity is a procedure where the 
responsible party, as defined in Sec.  2.909, makes measurements to 
insure that the equipment complies with the appropriate technical 
standards. Submittal to the Commission of a sample unit or 
representative data demonstrating compliance is not required unless 
specifically requested pursuant to Sec.  2.945.
    (b) Supplier's Declaration of Conformity attaches to all items 
subsequently marketed by the manufacturer, importer, or the responsible 
party which are identical, as defined in Sec.  2.908, to the sample 
tested and found acceptable by the manufacturer.
    (c) The responsible party may, if it desires, apply for 
Certification of a device subject to the Supplier's Declaration of 
Conformity. In such cases, the rules governing certification will apply 
to that device.
0
9. Section 2.907 is revised to read as follows:


Sec.  2.907  Certification.

    (a) Certification is an equipment authorization approved by the 
Commission, or issued by a Telecommunication Certification Body (TCB) 
and authorized under the authority of the Commission, that is based on 
representations and test data submitted by the applicant or parties 
authorized by the applicant.
    (b) Certification attaches to all units subsequently marketed by 
the grantee which are identical, as defined in Sec.  2.908, to the 
sample tested except for changes or other variations authorized by the 
Commission or a TCB pursuant to Sec. Sec.  2.924 and 2.1043.
    (c) Certification may be obtained for a device capable of 
independent operation, a device or a group of devices authorized under 
a single FCC Identifier, a modular device capable of operation only 
upon installation into another device, or an end product containing one 
or more devices that were previously certified.
0
10. Section 2.909 is revised to read as follows:


Sec.  2.909  Responsible party.

    (a) For radio frequency equipment subject to certification, the 
party responsible for the compliance of the equipment with the 
applicable standards is specified as follows:
    (1) The party to whom that grant of certification is issued (i.e., 
the grantee) is the responsible party.
    (2) When a new grant of certification is based on an existing grant 
of certification, the party to whom the new grant of certification is 
issued is the responsible party for the equipment produced under new 
certification; the original grantee remains responsible for equipment 
produced under the original grant of certification.
    (3) If the equipment is assembled from components that includes 
certified modular transmitter(s) authorized pursuant to Sec.  2.1042, 
then the assembler is responsible for following the installation 
guidelines provided by the grantee of each modular transmitter and for 
obtaining additional approvals necessary for the overall compliance of 
the final end product, and the party who obtained the grant of 
certification for the modular transmitter(s) remains the responsible 
party for those transmitters. However, the assembler or integrator may 
become the new grantee for individual modular transmitters or the 
assembled product by submitting an application for certification 
pursuant to Sec.  2.1033. The host device may also be subject to 
Supplier's Declaration of Conformity procedures as described in 
paragraph (b) of this section.
    (4) Retailers, original equipment manufacturers or assemblers may 
enter into an agreement with the responsible party designated in 
paragraph (a)(1) or (2) of this section to assume the responsibilities 
to ensure compliance of equipment and become the new responsible party 
by applying for a grant of certification to request a new FCC 
Identifier.
    (5) If the radio frequency equipment is modified by any party not 
working under the authority of the responsible party, the party 
performing the modifications, if located within the U.S., or the 
importer, if the equipment is imported subsequent to the modifications, 
becomes the new responsible party. The new responsible party must file 
for a new grant of certification pursuant to Sec.  2.1033.
    (b) For equipment subject to Supplier's Declaration of Conformity 
the party responsible for the compliance of the equipment with the 
applicable standards is set forth as follows:
    (1) The manufacturer or, if the equipment is assembled from 
individual component parts and the resulting system is subject to 
authorization under a Supplier's Declaration of Conformity, the 
assembler. If the resulting system is subject to certification, the 
assembler becomes responsible party as required in paragraph (a) of 
this section.
    (2) If the equipment, by itself, or a system assembled from 
individual parts and the resulting system is subject to the Supplier's 
Declaration of Conformity procedures and that equipment is imported, 
the importer.
    (3) Retailers or original equipment manufacturers may enter into an 
agreement with the responsible party designated in paragraph (b)(1) or 
(2) of this section to assume the responsibilities to ensure compliance 
of equipment and become the new responsible party.
    (4) The importer of equipment subject to Supplier's Declaration of 
Conformity procedures 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 
verify compliance. The test records required by Sec.  2.938 must be in 
the English language and made available to the Commission upon a 
reasonable request, in accordance with Sec.  2.945(c). If the radio 
frequency equipment is modified by any party not working under the 
authority of the responsible party, the party performing the 
modifications, if located within the U.S., or the importer, if the 
equipment is imported subsequent to the modifications, becomes the new 
responsible party.
    (c) If the end product or equipment is subject to both 
certification and Supplier's Declaration of Conformity, all

[[Page 46916]]

the requirements of paragraphs (a) and (b) of this section apply.
    (d) A party that repairs or refurbishes certified equipment with 
the permission of the grantee is not required to obtain a new grant of 
certification if the equipment continues to conform to the 
specifications of its previously approved grant of certification. 
Repairs or refurbishment of equipment performed by a party not acting 
under the permission of the grantee are modifications that will make 
the repairing/refurbishing party responsible for the compliance of the 
equipment pursuant to paragraph (a)(5) of this section, and will 
require the party to obtain a new grant of certification for the 
equipment. Replacement or installation of parts that are commonly 
changed by users, retailers or refurbishers, such as battery packs, 
hard drives, memory or enclosures which do not impact device compliance 
and as permitted in Sec.  2.1043(b)(1), would not be considered 
modifications to a device.
    (e) In the case of transfer of control of equipment, as in the case 
of sale or merger of the responsible party, the new entity shall bear 
the responsibility of continued compliance of the equipment.
0
11. Remove the undesignated center heading preceding Sec.  2.911.
0
12. Section 2.911 is amended by redesignating paragraphs (d)(3) and (4) 
as paragraphs (d)(4) and (5) and by adding paragraph (d)(3) to read as 
follows:


Sec.   2.911 Application requirements.

* * * * *
    (d) * * *
    (3) The applicant shall provide the contact information of a party 
located in the United States that is responsible for compliance.
* * * * *
0
13. Section 2.924 is revised to read as follows:


Sec.  2.924  Use of a single FCC Identifier for equipment having 
multiple trade names, models or type numbers, or functional 
similarities.

    (a) The responsible party may market devices having different 
model/type numbers or trade names without additional authorization, 
provided that such devices are identical and the equipment bears an FCC 
Identifier validated by a grant of certification. For the purposes of 
this section, a device will be considered to be identical if no changes 
are made to the authorized device, or if the changes were made to the 
device pursuant to Sec.  2.1043.
    (b) A family of products (a group of devices that are clearly 
similar, based upon the overall design of the devices, their functions, 
components and layout, may be viewed as being a single authorized 
device or a series of similar devices that have been subjected to minor 
modifications) may be marketed pursuant to one grant of certification 
under a single FCC Identifier. For a device to be certified as a family 
of products, the initial application for certification shall contain a 
declaration of the intent to include and/or to develop a family of 
products. Each variation of the product shall be evaluated for 
compliance and include appropriate data (e.g. radio frequency exposure 
or Hearing Aid Compatibility) as required by the Commission's rules for 
each model variation.
0
14. Section 2.925 is revised to read as follows:


Sec.  2.925  Identification of equipment.

    (a) Each equipment covered in an application for equipment 
authorization shall bear a label listing the following:
    (1) FCC Identifier consisting of the two elements in the exact 
order specified in Sec.  2.926. The FCC Identifier shall be preceded by 
the term FCC ID in capital letters on a single line.
    (2) Any other statements or labeling requirements imposed by the 
rules governing the operation of the specific class of equipment, 
except that such statement(s) of compliance may appear on a separate 
label at the option of the applicant/grantee.
    (3) The information required may be provided electronically 
pursuant to Sec.  2.935
    (4) Equipment subject only to registration will be identified 
pursuant to part 68 of this chapter.
    (b) Any device subject to more than one equipment authorization 
procedure may be assigned a single FCC Identifier. However, a single 
FCC Identifier is required to be assigned to any device consisting of 
two or more sections assembled in a common enclosure, on a common 
chassis or circuit board, and with common frequency controlling 
circuits. Devices to which a single FCC Identifier has been assigned 
shall be identified pursuant to paragraph (a) of this section.
    (1) Separate FCC Identifiers may be assigned to a device consisting 
of two or more sections assembled in a common enclosure, but 
constructed on separate sub-units or circuit boards with independent 
frequency controlling circuits. The FCC Identifier assigned to any 
transmitter section shall be preceded by the term TX FCC ID, the FCC 
Identifier assigned to any receiver section shall be preceded by the 
term RX FCC ID and the identifier assigned to any remaining section(s) 
shall be preceded by the term FCC ID.
    (2) Where terminal equipment subject to part 68 of this chapter, 
and a radiofrequency device subject to equipment authorization 
requirements are assembled in a common enclosure, the device shall be 
labeled in accordance with the requirements published by the 
Administrative Council for Terminal Attachments and shall also display 
the FCC Identifier in the format specified in paragraph (a) of this 
section.
    (3) For a transceiver, the receiver portion of which is subject to 
Supplier's Declaration of Conformity pursuant to Sec.  15.101 of this 
chapter, and the transmitter portion is subject to certification, the 
FCC Identifier required for the transmitter portion shall be preceded 
by the term FCC ID.
    (c) In order to validate the grant of certification, the label 
shall be permanently affixed to the equipment and shall be readily 
visible to the purchaser at the time of purchase unless the label is in 
electronic form pursuant to Sec.  2.935.
    (1) As used here, permanently affixed means that the required 
information is etched, engraved, stamped, indelibly printed, or 
otherwise permanently marked on a permanently attached part of the 
equipment enclosure. Alternatively, the required information may be 
permanently marked on a nameplate of metal, plastic, or other material 
fastened to the equipment enclosure by welding, riveting, etc., or with 
a permanent adhesive. Such a nameplate must be able to last the 
expected lifetime of the equipment in the environment in which the 
equipment will be operated and must not be readily detachable.
    (2) As used here, readily visible means that the required 
information must be visible from the outside of the equipment 
enclosure. It is preferable that it be visible at all times during 
normal installation or use, but this is not a prerequisite for grant of 
equipment authorization.
    (d) Modular transmitters certified pursuant to Sec.  2.1042 must be 
equipped with either a permanently affixed label or must be capable of 
electronically displaying its FCC Identifier pursuant to Sec.  2.935.
    (1) If using a permanently affixed label, the modular transmitter 
must be labeled with its own FCC Identifier, and, if the FCC Identifier 
is not visible when the modular transmitter is installed inside another 
device, then the outside of the device into which the modular 
transmitter is installed must also display a label referring to the

[[Page 46917]]

enclosed modular transmitter. This exterior label can use wording such 
as the following: ``Contains certified modular transmitter FCC ID: 
XYZMODEL1'' or ``Contains FCC ID: XYZMODEL1.'' Any similar wording that 
expresses the same meaning may be used. The Grantee may either provide 
such a label, an example of which must be included in the application 
for equipment authorization, or, must provide adequate instructions 
along with the modular transmitter which explain this requirement. In 
the latter case, a copy of these instructions must be included in the 
application for equipment certification.
    (2) If the modular transmitter uses an electronic display of the 
FCC Identifier, the information must be readily accessible and visible 
on the modular transmitter or on the device in which it is installed. 
If the modular transmitter is installed inside another device, then the 
outside of the device into which the modular transmitter is installed 
must display a label referring to the enclosed modular transmitter or 
provide the information electronically pursuant to Sec.  2.935. This 
label can use wording such as the following: ``Contains certified 
modular transmitter(s) FCC ID: XYZMODEL1.'' Any similar wording that 
expresses the same meaning may be used. The user manual must include 
instructions on how to access the electronic display. A copy of these 
instructions must be included in the application for equipment 
authorization.
    (3) If a party installing a certified modular transmitter obtains a 
new grant of certification for the modular transmitter, it can use an 
exterior label or provide the information electronically pursuant to 
Sec.  2.935 using wording such as ``Contains certified modular 
transmitter FCC ID:XYXMODEL1 changed to FCC ID:ABCXXXX''. Any similar 
wording that expresses the same meaning may be used.
    (e) Where it is shown that a permanently affixed label is not 
desirable or is not feasible, an alternative method of positively 
identifying the equipment may be used if approved by the Commission. 
The proposed alternative method of identification and the justification 
for its use must be included with the application for equipment 
authorization.
    Note to paragraph (e): As an example, it would be possible to show 
that an alternate method of identification would be necessary for a 
device intended to be implanted within the body of a test animal or 
person.
    (f) The FCC Identifier including the term FCC ID shall be in a size 
of type large enough to be readily legible, consistent with the 
dimensions of the equipment and its label. However, the type size for 
the FCC Identifier is not required to be larger than eight-point. If a 
device is so small that it is impractical to label it with the FCC 
Identifier in a font that is four-point or larger, and the device does 
not have a display that can show electronic labeling, then the FCC 
Identifier shall be placed in the user manual and must also either be 
placed on the device packaging or on a removable label attached to the 
device.
0
15. Remove the undesignated center heading preceding Sec.  2.927.
0
16. Section 2.927 is amended by revising paragraph (a) to read as 
follows:


Sec.  2.927  Limitations on grants.

    (a) A grant of certification is valid only when the device is 
labeled in accordance with Sec.  2.925 and remains effective until set 
aside, revoked or withdrawn, rescinded, surrendered, or a termination 
date is otherwise established by the Commission.
* * * * *
0
17. Section 2.931 is revised to read as follows:


Sec.  2.931  Responsibilities.

    (a) The responsible party warrants that each unit of equipment 
marketed under its grant of certification and bearing the 
identification specified in the grant will conform to the unit that was 
measured and that the data (design and rated operational 
characteristics) filed with the application for certification continues 
to be representative of the equipment being produced under such grant 
within the variation that can be expected due to quantity production 
and testing on a statistical basis.
    (b) A party integrating and marketing end products by installing or 
assembling certified modular transmitters into a host device must 
follow all the instructions that are provided concerning the 
installation of the modular transmitter, the type and layout of the 
transmit antenna, and any other steps that must be taken to ensure the 
compliance of the end product. The installer must ensure that the host 
device is of a type that is permissible for use under the approved 
modular transmitter(s) certification. If the installer confirms that 
the requirements are met, then no further equipment authorization is 
required except for retention of records pursuant to Sec.  2.938. If 
the installer cannot show that these requirements are met or end 
product specific compliance requirements are specified, then the 
integrator/installer must perform additional testing to demonstrate 
that the end product complies with all applicable technical 
requirements, including RF exposure and Hearing Aid Compatibility 
(HAC), as appropriate, with the installed combination of modular 
transmitters. When additional testing is required, the installer must 
obtain a new grant of certification for the end product pursuant to 
Sec.  2.1033, or alternatively either the installer or the grantee of 
certification for the modular transmitter must file additional test 
data to supplement to the original modular transmitter's test data 
pursuant to Sec.  2.1043(e) or file for an application for a new 
equipment certification for the modular transmitter pursuant to Sec.  
2.1033.
    (c) A party marketing a certified modular transmitter(s) to be 
installed by the end user must demonstrate compliance with all 
Commission requirements under all the likely installation and use 
configurations an end-user may deploy pursuant to Sec.  2.1042(b)(6). 
The evaluation must ensure that the final assembly will comply with all 
the applicable rules for such assembly.
    (d) In determining compliance for devices subject to Supplier's 
Declaration of Conformity, the responsible party warrants that each 
unit of equipment marketed under the Supplier's Declaration of 
Conformity procedure will be identical to the unit tested and found 
acceptable with the standards and that the records maintained by the 
responsible party continue to reflect the equipment being produced 
under such Supplier's Declaration of Conformity within the variation 
that can be expected due to quantity production and testing on a 
statistical basis.
    (e) For equipment subject to Supplier's Declaration of Conformity, 
the responsible party must reevaluate the equipment if any modification 
or change adversely affects the emanation characteristics of the 
modified equipment. The responsible party bears responsibility for 
continued compliance of subsequently produced equipment.


Sec.  2.932  [Removed]

0
18. Remove Sec.  2.932.


Sec.  2.933  [Removed]

0
19. Remove Sec.  2.933.
0
20. Add Sec.  2.935 to read as follows:


Sec.  2.935  Electronic labeling of radiofrequency devices.

    Any radiofrequency device equipped with an integrated electronic 
display screen may display on the electronic

[[Page 46918]]

display the FCC Identifier, any warning statements, or other 
information that the Commission's rules would otherwise require to be 
shown on a physical label attached to the device.
    (a) Devices displaying their FCC Identifier, warning statements, or 
other information electronically must make this information readily 
accessible on the electronic display. Users must be provided with 
prominent instructions on how to access the information in the 
operating instructions, inserts in packaging material, or other easily 
accessible format at the time of purchase. The access instructions must 
also be available on the product-related Web site, if such a Web site 
exists, and a copy of these instructions must be included in the 
application for equipment certification.
    (b) Devices displaying their FCC Identifier, warning statements, or 
other information electronically must permit access to the information 
without requiring special codes, accessories or permissions and the 
access to this information must not require more than three steps in 
the menu.
    (c) The electronically displayed FCC Identifier, warning 
statements, or other information must be displayed electronically in a 
manner that is clearly legible without the aid of magnification.
    (d) The necessary label information must be programmed by the 
responsible party and must be secured in such a manner that third-
parties cannot modify it.
    (e) Devices displaying their FCC Identifier, warning statements, or 
other information electronically must also display this information on 
the product packaging or on a physical label placed on the product at 
the time of importation, marketing, and sales. If a physical label is 
used, it may be a removable label, or, for devices in protective bags, 
a label on the protective bag. Any removable label shall be of a type 
intended to survive normal shipping and handling and must only be 
removed by the customer after purchase.
0
21. Section 2.938 is revised to read as follows:


Sec.  2.938  Retention of records.

    (a) For equipment subject to the equipment authorization procedures 
in this part, the responsible party shall maintain the records listed 
as follows:
    (1) A record of the original design drawings and specifications and 
all changes that have been made that may affect compliance with the 
standards and the requirements of Sec.  2.931.
    (2) A record of the procedures used for production inspection and 
testing to ensure conformance with the standards and the requirements 
of Sec.  2.931.
    (3) A record of the test results that demonstrate compliance with 
the appropriate regulations in this chapter.
    (b) For equipment subject to Supplier's Declaration of Conformity 
procedures, the responsible party shall, in addition to the 
requirements in paragraph (a) of this section, maintain a record of the 
measurements made on an appropriate test site that demonstrates 
compliance with the applicable regulations in this chapter. The record 
shall:
    (1) Indicate the actual date all testing was performed;
    (2) State 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;
    (3) Contain a description of how the device was actually tested, 
identifying the measurement procedure and test equipment that was used;
    (4) Contain a description of the equipment under test (EUT) and 
support equipment connected to, or installed within, the EUT;
    (5) Identify the EUT and support equipment by trade name and model 
number and, if appropriate, by FCC Identifier and serial number;
    (6) Indicate the types and lengths of connecting cables used and 
how they were arranged or moved during testing;
    (7) Contain at least two drawings or photographs showing the test 
set-up for the highest line conducted emission and showing the test 
set-up for the highest radiated emission. These drawings or photographs 
must show enough detail to confirm other information contained in the 
test report. Any photographs used must clearly show the test 
configuration used;
    (8) List all modifications, if any, made to the EUT by the testing 
company or individual to achieve compliance with the regulations in 
this chapter;
    (9) Include all of the data required to show compliance with the 
appropriate regulations in this chapter;
    (10) Contain, on the test report, 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
    (11) A copy of the compliance information, as described in Sec.  
2.1077, is required to be provided with the equipment.
    (c) The provisions of paragraph (a) of this section shall also 
apply to a manufacturer of equipment produced under an agreement with 
the original responsible party. The retention of the records by the 
manufacturer under these circumstances shall satisfy the grantee's 
responsibility under paragraph (a) of this section.
    (d) For equipment subject to more than one equipment authorization 
procedure, the responsible party must retain the records required under 
all applicable provisions of this section.
    (e) For equipment subject to rules that include a transition 
period, the records must indicate the particular transition provisions 
that were in effect when the equipment was determined to be compliant.
    (f) For equipment subject to certification, records shall be 
retained for a one year period after the marketing of the associated 
equipment has been permanently discontinued, or until the conclusion of 
an investigation or a proceeding if the responsible party (or, under 
paragraph (c) of this section, the manufacturer) is officially notified 
that an investigation or any other administrative proceeding involving 
its equipment has been instituted. For all other records kept pursuant 
to this section, a two-year period shall apply.
    (g) If radio frequency equipment is modified by any party other 
than the original responsible party, and that party is not working 
under the authorization of the original responsible party, the party 
performing the modifications is not required to obtain the original 
design drawings specified in paragraph (a)(1) of this section. However, 
the party performing the modifications must maintain records showing 
the changes made to the equipment along with the records required in 
paragraphs (a)(3) of this section. A new equipment authorization may 
also be required.
0
21. Section 2.941 is amended by revising paragraph (a) to read as 
follows:


Sec.  2.941  Availability of information relating to grants.

    (a) Grants of equipment authorization are available in the 
Commission's public database.
* * * * *


Sec.  2.944  [Removed]

0
22. Remove Sec.  2.944.
0
23. Section 2.947 is amended by revising paragraph (a)(3) and adding 
paragraph (f) to read as follows:


Sec.  2.947  Measurement procedure.

    (a) * * *
    (3) Any measurement procedure acceptable to the Commission may be 
used to prepare data demonstrating

[[Page 46919]]

compliance with the requirements of this chapter. Advisory information 
regarding measurement procedures can be found in the Commission's 
Knowledge Database, which is available at www.fcc.gov/labhelp/.
* * * * *
    (f) A composite system is a system that incorporates different 
devices contained either in a single enclosure or in separate 
enclosures connected by wire or cable. If the individual devices in a 
composite system are subject to different technical standards, each 
such device must comply with its specific standards. In no event may 
the measured emissions of the composite system exceed the highest level 
permitted for an individual component. Testing for compliance with the 
different standards shall be performed with all of the devices in the 
system functioning. If the composite system incorporates more than one 
antenna or other radiating source and these radiating sources are 
designed to emit at the same time, measurements of conducted and 
radiated emissions shall be performed with all radiating sources that 
are to be employed emitting.
0
25. Remove the undesignated center heading preceding Sec.  2.951.


Sec.  2.951  [Removed]

0
26. Remove Sec.  2.951.


Sec.  2.952  [Removed]

0
27. Remove Sec.  2.952.


Sec.  2.953  [Removed]

0
28. Remove Sec.  2.953.


Sec.  2.954  [Removed]

0
29. Remove Sec.  2.954.


Sec.  2.955  [Removed]

0
30. Remove Sec.  2.955.
0
31. Section 2.1033 is revised to read as follows:


Sec.  2.1033  Application for grant of certification.

    (a) An application for certification shall be filed electronically 
through the Commission's Equipment Authorization System (EAS) with all 
required information. Items that do not apply shall be so noted. Except 
as otherwise noted in this section, all applications for certification 
shall be accompanied by documentation containing the following 
information:
    (1) The full name, mailing address, electronic mail address, and 
telephone number of the responsible party for certification.
    (2) FCC Identifier and label information as required pursuant to 
Sec.  2.925.
    (i) For devices where the FCC Identifier label is presented 
electronically, the application must include instructions for accessing 
the information.
    (ii) [Reserved]
    (3) A copy of the installation and operating instructions. A draft 
copy of the instructions may be submitted if the actual document is not 
available. The actual document shall be furnished to the FCC when it 
becomes available and prior to marketing the end product. The user's 
manual or instruction manual for an intentional or unintentional 
radiator shall prominently caution the user that changes or 
modifications not expressly approved by the party responsible for 
compliance could void the user's authority to operate the equipment.
    (i) If the application is for a modular transmitter, the 
installation instructions must clearly document the proper procedures 
for installing the modular transmitter as well as any limitations on 
the end product necessary to ensure compliance. If the conditions of 
use require any specific instructions to the end user, this information 
must also be included in the manual in a conspicuous location.
    (ii) In cases where the manual is provided only in a form other 
than paper, such as on a computer disk or over the Internet, the 
information required by this section may be included in the manual in 
that alternative form, provided the user can reasonably be expected to 
have the capability to access information in that form.
    (iii) The manual must include all the necessary advisories and 
information to be provided to the users as specified in the rules in 
this chapter.
    (4) A brief description of the circuit functions, a functional 
block diagram of the RF circuitry of the device along with a statement 
describing how the device operates including software or firmware used 
to control such functions. This statement should contain a description 
of the ground system and antenna, if any, used with the device.
    (i) For devices including modular transmitters which are software 
defined radios and use software to control the radio or other 
parameters subject to the Commission's rules, the description must 
include details of the equipment's capabilities for software 
modification and upgradeability, including all frequency bands, power 
levels, modulation types, or other modes of operation for which the 
device is designed to operate, whether or not the device will be 
initially marketed with all modes enabled. The description must state 
which parties will be authorized to make software changes (e.g., the 
grantee, wireless service providers, other authorized parties) and the 
software controls that are provided to prevent unauthorized parties 
from enabling different modes of operation. Manufacturers must describe 
the methods used in the device to secure the software in their 
application for equipment authorization and must include a high level 
operational description or flow diagram of the software that controls 
the radio frequency operating parameters. The applicant must provide an 
attestation that only permissible modes of operation may be selected by 
a user.
    (ii) For modular transmitters that can be placed in a physical 
platform that will not itself be certified (i.e. a form factor), the 
description must include reference designs for the physical platform 
and a showing of how the modular transmitter will meet the requirements 
of such designs.
    (5) A schematic diagram showing the frequency of all oscillators in 
the device. The signal path and frequency shall be indicated at each 
applicable location. The tuning range(s) and intermediate 
frequency(ies) shall be indicated.
    (6) A report of measurements showing compliance with the pertinent 
FCC technical requirements. This report shall identify the test 
procedure used (e.g., specify the FCC test procedure, or industry test 
procedure that was used), the date the measurements were made, the 
location where the measurements were made, and the device that was 
tested (model and serial number, if available). The report shall 
include sample calculations showing how the measurement results were 
converted for comparison with the technical requirements.
    (i) For devices required to provide radiofrequency exposure 
evaluation pursuant to the requirements of this chapter, the report 
must identify the evaluation procedures and include all the necessary 
measurements or calculations necessary to demonstrate compliance. If 
the test reports are provided to show compliance of host products 
incorporating specific certified modular transmitters approved pursuant 
to Sec.  2.1042, the information must include host-specific testing and 
appropriate guidance to ensure that the device will operate in a 
compliant manner.
    (ii) For devices operating in licensed radio services the following 
must be provided:
    (A) The data required by Sec. Sec.  2.1046 through 2.1057, 
inclusive, measured in accordance with the procedures set out in Sec.  
2.1041.

[[Page 46920]]

    (B) Type or types of emission.
    (C) The dc voltages applied to and dc currents into the several 
elements of the final radio frequency amplifying device for normal 
operations over the power range.
    (D) The tune up procedure over the power range or at specific 
operating power levels.
    (E) Range of operating power values or specific operating power 
levels, and description of any means provided for variation of 
operating power.
    (7) Frequency or frequency range.
    (8) Maximum power rating as defined in the applicable part(s) of 
this chapter.
    (9) A sufficient number of photographs to clearly show the exterior 
appearance, the construction, the component placement on the chassis, 
and the chassis assembly. The exterior views shall show the overall 
appearance, the antenna(s) used with the device (if any), the controls 
available to the user, and the required identification label in 
sufficient detail so that the name and FCC Identifier can be read. In 
lieu of a photograph of the label, a sample label (or facsimile 
thereof) may be submitted together with a sketch showing where this 
label will be placed on the equipment.
    (i) For devices where the FCC Identifier label is presented 
electronically, the application must include a screen shot or 
equivalent representation of the display containing the information and 
the steps required to access that display.
    (ii) [Reserved]
    (10) If the equipment is certified as a modular transmitter 
pursuant to Sec.  2.1042 and can only be certified for a specific host 
or can be approved for limited types of use, a list of such 
limitations.
    (11) If the equipment for which certification is being sought must 
be tested with peripheral, accessory devices or host devices connected 
or installed, a brief description of those peripherals or accessories. 
The peripheral or accessory devices shall be unmodified, commercially 
available equipment.
    (12) At least one drawing or photograph showing the test set-up for 
each of the required types of tests applicable to the device for which 
certification is requested. These drawings or photographs must show 
enough detail to confirm other information contained in the test 
report. Any photographs used must clearly show the test configuration 
used.
    (13) All applications must be accompanied by the anti-drug abuse 
certification required under Sec.  1.2002 of this chapter.
    (b) In addition to the information listed in paragraph (a) of this 
section, the following information must be submitted for specific 
categories of devices:
    (1) For equipment subject to the provisions of part 15 of this 
chapter, the application shall indicate if the equipment is being 
authorized pursuant to the transition provisions in Sec.  15.37 of this 
chapter.
    (2) Applications for the certification of scanning receivers shall 
include a statement describing the methods used to comply with the 
design requirements of all parts of Sec.  15.121 of this chapter. The 
application must specifically include a statement assessing the 
vulnerability of the equipment to possible modification and describing 
the design features that prevent the modification of the equipment by 
the user to receive transmissions from the Cellular Radiotelephone 
Service. The application must also demonstrate compliance with the 
signal rejection requirement of Sec.  15.121 of this chapter, including 
details on the measurement procedures used to demonstrate compliance.
    (3) Applications for certification of transmitters operating within 
the 59.0-64.0 GHz band under part 15 of this chapter shall also be 
accompanied by an exhibit demonstrating compliance with the provisions 
of Sec.  15.255(g) of this chapter.
    (4) For equipment employing digital modulation techniques, a 
detailed description of the modulation system to be used, including the 
response characteristics (frequency, phase and amplitude) of any 
filters provided, and a description of the modulating wavetrain, shall 
be submitted for the maximum rated conditions under which the equipment 
will be operated.
    (5) The application for certification of an external radio 
frequency power amplifier under part 97 of this chapter need not be 
accompanied by the data required by paragraph (a)(6)(ii)(A) of this 
section. In lieu thereof, measurements shall be submitted to show 
compliance with the technical specifications in subpart C of part 97 of 
this chapter and such information as required by Sec.  2.1060.
    (6) An application for certification of an AM broadcast 
stereophonic exciter-generator intended for interfacing with existing 
certified, or formerly type accepted or notified transmitters must 
include measurements made on a complete stereophonic transmitter. The 
instruction book must include complete specifications and circuit 
requirements for interconnecting with existing transmitters. The 
instruction book must also provide a full description of the equipment 
and measurement procedures to monitor modulation and to verify that the 
combination of stereo exciter-generator and transmitter meet the 
emission limitations of Sec.  73.44 of this chapter.
    (7) Applications for certification required by Sec.  25.129 of this 
chapter shall include any additional equipment test data and 
information required by that section.
    (8) Applications for certification of equipment operating under 
part 20 of this chapter, that a manufacturer is seeking to certify as 
hearing aid compatible, as set forth in Sec.  20.19 of this chapter, 
shall include a statement indicating compliance with the test 
requirements of Sec.  20.19 of this chapter and indicating the 
appropriate M-rating and T-rating for the equipment. The manufacturer 
of the equipment shall be responsible for maintaining the test results.
    (9) Applications for certification of equipment operating under 
part 27 of this chapter, that a manufacturer is seeking to certify for 
operation in the:
    (i) 1755-1780 MHz, 2155-2180 MHz, or both bands shall include a 
statement indicating compliance with the pairing of 1710-1780 and 2110-
2180 MHz specified in Sec. Sec.  27.5(h) and 27.75 of this chapter.
    (ii) 1695-1710 MHz, 1755-1780 MHz, or both bands shall include a 
statement indicating compliance with Sec.  27.77 of this chapter.
    (iii) 600 MHz band shall include a statement indicating compliance 
with Sec.  27.75 of this chapter.
    (10) Applications for certification of U-NII devices in the 5.15-
5.35 GHz and the 5.47-5.85 GHz bands must include a high level 
operational description of the security procedures that control the 
radio frequency operating parameters and ensure that unauthorized 
modifications cannot be made.
    (11) Applications for certification of equipment operating under 
part 90 of this chapter and capable of operating on the 700 MHz 
interoperability channels (See Sec.  90.531(b)(1) of this chapter) 
shall include a Compliance Assessment Program Supplier's Declaration of 
Conformity and Summary Test Report or, alternatively, shall include a 
document detailing how the applicant determined that its equipment 
complies with Sec.  90.548 of this chapter and that the equipment is 
interoperable across vendors.
    (c) A single application for certification may be filed to 
authorize an end product that incorporates devices subject to 
certification under multiple rule parts or under multiple sections

[[Page 46921]]

within a rule part. The application must include all the information 
required in this section for each applicable rule parts or sections 
within a rule part. The end product must be labeled with a single FCC 
Identifier if a single application is filed. Separate applications must 
be filed if different FCC Identifiers will be used for each device in 
the end product.
    (d) A single application for certification may be filed to 
authorize a family of products, as described in Sec.  2.929(b), under a 
single FCC Identifier. The devices must be clearly similar, based upon 
their overall design of the devices, their functions, components and 
layout. The applicant for certification must provide a clear 
description of the devices that would be included in the family of 
products and the differences between them.
    (e) A grant of certification must be modified by a new application 
whenever there is a change in the design, circuitry, construction or 
other characteristics of a device reported at the time of previous 
certification (including the original application and any subsequent 
updates as permitted by the provisions of Sec.  2.1043). The 
application must include:
    (1) A description of the changes;
    (2) Documentation pursuant to paragraph (a) or (h) of this section 
to update any of the originally submitted information that was affected 
by the modification of the device; and
    (3) If the application includes a request to change the FCC 
Identifier, an applicant that is not the original grantee must provide 
documentation that the original grantee has given the new applicant 
permission to reference the original filing, if applicable.
    (f) A grant of certification must be modified by a new application 
whenever there is a change in the FCC Identifier without changes in 
design, circuitry or construction of the certified device(s). The 
application is not required to include the measurement or test data 
specified in paragraph (a) of this section, although such data may be 
later requested by the TCB or the Commission. The following information 
shall be filed with such application:
    (1) An application that is not from the original grantee must 
provide with its application documentation confirming the grantee's 
consent to reference the original filing.
    (2) The original identification used on the equipment prior to the 
change in identification.
    (3) The date of the original grant of the equipment authorization.
    (4) How the equipment bearing the modified identification differs 
from the original equipment.
    (5) Whether the original test results continue to be representative 
of and applicable to the equipment bearing the changed identification.
    (6) The photographs required by paragraph (a)(9) of this section 
showing the exterior appearance of the equipment, including the 
operating controls available to the user and the identification label. 
Photographs of the construction, the component placement on the 
chassis, and the chassis assembly are not required to be submitted 
unless specifically requested by the Commission.
    (g) A grant of certification must be modified by a new application 
whenever an assembler or integrator incorporates one or more certified 
modular transmitters into a new host device where additional testing 
and a new FCC Identifier is requested. In such cases, the requirements 
of paragraph (e) of this section apply.
    (h) For certified modular transmitters that are incorporated in 
additional devices authorized under new FCC Identifier(s), the 
following applies: If the original grantee of certification receives 
approval for a change pursuant to Sec.  2.1043(c) subsequent to the 
grant of an application for a new FCC Identifier, and the change will 
be incorporated into the equipment bearing the new FCC Identifier, then 
the grantee that received approval for a new FCC Identifier must also 
file for change in its equipment pursuant to Sec.  2.1043(c).
0
32. Add Sec.  2.1042 to read as follows:


Sec.  2.1042  Certified modular transmitters.

    (a) A certified modular transmitter consists of a radiofrequency 
transmitter device that is incorporated or attached to another product, 
host, or a device for data and power and that satisfies the 
requirements to obtain a modular transmitter certification. A certified 
modular transmitter may also consist of a single chip package, provided 
it is authorized in accordance with all the requirements of this 
subpart.
    (b) Modular transmitters must meet the following requirements to 
obtain a modular transmitter certification:
    (1) The radio elements of the modular transmitter must have their 
own shielding. The physical crystal and tuning capacitors may be 
located external to the shielded radio elements.
    (2) The modular transmitter must have buffered modulation/data 
inputs (if such inputs are provided) to ensure that it will comply with 
the requirements of the rules under conditions of excessive data rates 
or over-modulation.
    (3) The modular transmitter must have its own power supply 
regulation.
    (4) The modular transmitter must be tested in a stand-alone 
configuration, i.e., it must not be inside another device during 
testing for compliance with the rules.
    (5) The modular transmitter must comply with any specific rules or 
operating requirements that ordinarily apply to a complete transmitter 
and the manufacturer must provide adequate instructions along with the 
modular transmitter to explain any such requirements. A copy of these 
instructions must be included in the application for equipment 
authorization.
    (6) If a modular transmitter is to be installed by the end-user, 
compliance with all Commission requirements must be demonstrated by the 
responsible party under all the likely installation and use 
configurations an end-user may deploy. Any RF exposure evaluation must 
include various likely user configurations, including those expected to 
create the greatest RF exposure.
    (7) A modular transmitter operating under part 15 of this chapter 
must comply with the antenna and transmission system requirements of 
Sec. Sec.  15.203, 15.204(b) and 15.204(c) of this chapter. The antenna 
must either be permanently attached or employ a ``unique'' antenna 
coupler (at all connections between the modular transmitter and the 
antenna, including the cable). An antenna can be a trace on circuit 
board when all the characteristics are properly defined. The 
``professional installation'' provision of Sec.  15.203 of this chapter 
is not applicable to modular transmitters but can apply to limited 
modular approvals under paragraph (b) of this section.
    (8) A modular transmitter operating under part 15 of this chapter 
must comply with the AC line conducted requirements found in Sec.  
15.207 of this chapter unless it is battery powered. AC or DC power 
lines and data input/output lines connected to the module must not 
contain ferrites, unless they will be marketed with the module (see 
Sec.  15.27(a) of this chapter). The length of these lines shall be the 
length typical of actual use or, if that length is unknown, at least 10 
centimeters to insure that there is no coupling between the case of the 
module and supporting equipment. Any accessories, peripherals, or 
support equipment connected to the module during testing shall be 
unmodified and commercially available (see Sec.  15.31(i) of this 
chapter).

[[Page 46922]]

    (c) A limited certification may be granted for a modular 
transmitter that does not comply with all of the requirements listed in 
paragraph (b) of this section, e.g., shielding/enclosures, minimum 
signaling amplitude, buffered modulation/data inputs, or power supply 
regulation, if the manufacturer can demonstrate by alternative means in 
the application for equipment certification that the modular 
transmitter meets all the applicable requirements under the operating 
conditions in which the transmitter will be used. A limited 
certification may also be granted in those instances where compliance 
with RF exposure rules is demonstrated only for limited applications or 
specific product configurations and installation or user requirements. 
The applicant for certification must state how control of the end 
product into which the modular transmitter will be installed will be 
maintained such that full compliance of the end product is always 
ensured. Applications for certification for either a new device or 
changes to an existing device must be filed pursuant to Sec.  2.1033 or 
2.1043 if there are changes in the applicable conditions or 
limitations.
    (d) Multiple certified modular transmitters when integrated into an 
end product and the end product itself must comply with all Commission 
requirements, including RF exposure requirements pursuant to Sec. Sec.  
1.1307 of this chapter, 2.1091, and 2.1093. The end product 
manufacturer must perform additional compliance testing with all 
certified modular transmitters installed and operating in anticipated 
configurations to ensure the end product's compliance. The party 
integrating the modular transmitters into an end product will be 
responsible for the compliance of the end product pursuant to Sec.  
2.909(a).
    (e) Manufacturers of any radio including certified modular 
transmitters which includes a software defined radio must take steps to 
ensure that only software that has been approved with a particular 
radio can be loaded into that radio. The software must not allow the 
installers or end-user to operate the transmitter with operating 
frequencies, output power, modulation types or other radio frequency 
parameters outside those that were approved. Manufacturers may use 
means including, but not limited to the use of a private network that 
allows only authenticated users to download software, electronic 
signatures in software or coding in hardware that is decoded by 
software to verify that new software can be legally loaded into a 
device to meet these requirements.
0
33. Section 2.1043 is revised to read as follows:


Sec.  2.1043  Changes in certified equipment.

    (a) Changes may be made to certified equipment in accordance with 
the provisions of this section.
    (b) New FCC Identifier Not Required. Two classes of permissive 
changes are permitted; in both cases, the responsible party must 
continue to use the original FCC Identifier when it makes changes.
    (1) Class I permissive changes. A grantee may make minor variations 
in a device's enclosure or component layout without obtaining an 
updated grant of certification from a TCB as long as the grantee 
ensures that the device continues to comply with all applicable rules. 
A grantee of certification does not need to obtain an updated grant of 
certification from a TCB for changes to a certified device that do not 
cause the fundamental emissions to increase, the spurious emissions to 
deteriorate (i.e. increase in amplitude), RF exposure to increase, 
changes any other characteristics to be reported to the Commission or 
that do not add new capabilities such as new frequency bands or 
transmission formats.
    (2) Class II permissive changes. A grantee of certification must 
submit an application to obtain an updated grant of certification from 
a TCB for changes that increase the fundamental emissions (e.g., the 
power level or radiated field strength), cause the spurious emissions 
to deteriorate (i.e., increase in amplitude), affect a device's 
compliance with the RF exposure, change the hearing aid compatibility 
(HAC) ratings or change any characteristics to be reported to the 
Commission. A grantee must obtain an updated grant of certification for 
the addition of new device capabilities through software changes, such 
as the addition of new frequency bands or transmission formats, and 
must demonstrate the controls it will use to prevent unauthorized 
software modifications. All requests for changes pursuant to this 
paragraph (a) must be accompanied by the anti-drug abuse certification 
required under Sec.  1.2002 of this chapter.
    (c) New FCC Identifier Required. An application for grant of 
certification with a new FCC Identifier must be submitted when 
significant changes in the design, layout or functionality of a 
previously certified device are made. In addition, a party requesting a 
new FCC Identifier for a previously certified device or that modifies 
and becomes the responsible party for a previously certified device 
must submit a new application for certification using a new FCC 
Identifier.
    (d) Changes to certified equipment described in paragraph (b) of 
this section may be made by the original grantee of certification or a 
party acting under the authority of the grantee of certification. When 
a party other than the grantee of certification applies for a change 
pursuant to paragraph (b)(2) of this section, it must include 
documentation with its request confirming the grantee's consent.
    (e) When a grantee applies for an updated grant of certification 
pursuant to paragraph (b)(2) of this section and TCB approves such 
application, the TCB issuing the update shall supply the Commission, 
through the EAS, a description of the changes, complete information 
showing changes from that originally submitted to the Commission, and 
the results of tests of the characteristics affected by such change. 
The modified equipment shall not be marketed under the existing grant 
of certification prior to acknowledgement by the Commission on the 
Commission's public database that the change is acceptable.
    (f) For modular devices that are incorporated in additional devices 
authorized as permissive changes under the original FCC Identifier(s), 
if the original grant of certification has prior permissive change 
approvals pursuant to paragraph (b)(2) of this section all 
configurations used and marketed must be tested.
    (g) For assemblers or integrators incorporating one or multiple 
certified modular transmitters into a new host device, authorized under 
the original grant of certification where an additional certification 
filing is required, the requirements of Sec.  2.1033(e) apply.
    (h) Equipment that has been certified or formerly type accepted for 
use in the Amateur Radio Service pursuant to the requirements of part 
97 of this chapter may be modified without regard to the conditions 
specified in paragraph (b)(1) of this section, provided the following 
conditions are met:
    (1) Any person performing such modifications on equipment used 
under part 97 of this chapter must possess a valid amateur radio 
operator license of the class required for the use of the equipment 
being modified.
    (2) Modifications made pursuant to this paragraph (h) are limited 
to equipment used at licensed amateur radio stations.
    (3) Modifications specified or performed by equipment manufacturers 
or suppliers must be in accordance with

[[Page 46923]]

the requirements set forth in paragraph (b)(1) of this section.
    (4) Modifications specified or performed by licensees in the 
Amateur Radio Service on equipment other than that at specific licensed 
amateur radio stations must be in accordance with the requirements set 
forth in paragraph (b)(1) of this section.
    (5) The station licensee shall be responsible for ensuring that 
modified equipment used at his station will comply with the applicable 
technical standards in part 97 of this chapter.
    (i) Transmitters that have been certified or formerly type accepted 
for use in the Broadcast services may be modified without regard to the 
conditions specified in paragraphs (b) and (c) of this section, 
provided that the modified equipment continues to comply with all other 
equipment authorization and part 73 of this chapter. If a previously 
approved broadcast transmitter is modified, it must either be labeled 
with a statement indicating that it was modified after approval or the 
original FCC Identifier must be permanently covered or removed.
0
34. The undesignated heading preceding Sec.  2.1071 is revised as 
follows:

Supplier's Declaration of Conformity

0
35. Section 2.1071 is revised to read as follows:


Sec.  2.1071  Cross reference.

    The general provisions of this subpart shall apply to equipment 
subject to a Supplier's Declaration of Conformity.
0
36. Section 2.1072 is revised to read as follows:


Sec.  2.1072  Limitation on Supplier's Declaration of Conformity.

    (a) The Supplier's 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 Supplier's Declaration of Conformity by responsible party, as 
defined in Sec.  2.909, 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 Supplier's Declaration of Conformity in a 
deceptive or misleading manner or convey the impression that such a 
Supplier's Declaration of Conformity reflects more than a determination 
by the manufacturer, importer, integrator, or responsible party, as 
defined in Sec.  2.909, that the device or product has been shown to be 
capable of complying with the applicable technical standards of the 
Commission's rules.


Sec.  2.1073  [Removed]

0
37. Remove Sec.  2.1073.
0
38. Section 2.1074 is revised to read as follows:


Sec.  2.1074  Identification.

    Devices subject only to Supplier's Declaration of Conformity must 
be uniquely identified by the party responsible for marketing or 
importing the equipment within the United States. However, the 
identification shall not be of a format which could be confused with 
the FCC Identifier required on certified equipment. The responsible 
party must maintain adequate identification records to facilitate 
positive identification for each device.


Sec.  21075  [Removed]

0
39. Remove Sec.  2.1075.
0
40. Section 2.1077 is revised to read as follows:


Sec.  2.1077  Compliance information.

    (a) If a product must be tested and authorized under a Supplier's 
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 compliance statement as applicable, e.g. for devices subject 
to part 15 of this chapter, as specified in Sec.  15.19(a)(3) of this 
chapter, that the product complies with the rules; 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 Supplier's Declaration of Conformity must be located within the 
United States.
    (b) If a product is assembled from modular components (e.g. 
enclosures, power supplies and CPU boards) that, by themselves, are 
authorized under a Supplier's Declaration of Conformity and/or a grant 
of certification, and the assembled product is also subject to 
authorization under a Supplier's 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 assembled product, e.g., name and model 
number.
    (2) Identification of the modular components used in the assembly. 
A modular component authorized under a Supplier's 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.
    (3) A statement that the product complies with part 15 of this 
chapter.
    (4) 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 
Supplier's Declaration of Conformity must be located within the United 
States.
    (5) Copies of the compliance information statements for each 
modular component used in the system that is authorized under a 
Supplier's Declaration of Conformity.
    (c) The compliance information statement shall be included in the 
user's manual or as a separate sheet. In cases where the manual is 
provided only in a form other than paper, such as on a computer disk or 
over the Internet, the information required by this section may be 
included in the manual in that alternative form, provided the user can 
reasonably be expected to have the capability to access information in 
that form. The information may be provided electronically as permitted 
in Sec.  2.935.
0
41. Section 2.1201 is amended by revising paragraph (b) and removing 
paragraph (c) to read as follows:


Sec.  2.1201  Purpose.

* * * * *
    (b) The rules in this subpart set out the conditions under which 
radio frequency devices as defined in Sec.  2.801 that are capable of 
causing harmful interference to radio communications may be imported 
into the U.S.A.
0
42. Section 2.1202 is revised to read as follows:


Sec.  2.1202  Exclusions.

    The provisions of this section do not apply to the importation of:
    (a) Unintentional radiators which are exempted from technical 
standards and other requirements as specified in Sec.  15.103 of this 
chapter.
    (b) Radio frequency devices manufactured and assembled in the 
U.S.A. that meet applicable FCC technical standards and which have not

[[Page 46924]]

been modified or received further assembly.
    (c) Radio frequency devices previously properly imported that have 
been exported for repair and re-imported for use.
    (d) Subassemblies, parts, or components of radio frequency devices 
unless they constitute an essentially completed device which requires 
only the addition of cabinets, knobs, speakers, or similar minor 
attachments before marketing or use. This exclusion does not apply to 
computer circuit boards that are actually peripheral devices as defined 
in Sec.  15.3(r) of this chapter and all devices that, by themselves, 
are subject to FCC marketing rules.
0
43. Section 2.1203 is revised to read as follows


Sec.  2.1203  General requirement for entry into the U.S.A.

    (a) No radio frequency device may be imported into the Customs 
territory of the United States unless the importer or ultimate 
consignee, or their designated customs broker, determines that the 
device meets one of the conditions for entry set out in this section.
    (b) Failure to satisfy at least one of the entry conditions for 
importation of radio frequency devices may result in refused entry, 
refused withdrawal for consumption, required redelivery to the Customs 
port, and other administrative, civil and criminal remedies provided by 
law.
    (c) Whoever makes a determination pursuant to paragraph (a) of this 
section must provide, upon request made within one year of the date of 
entry, documentation on how an imported radio frequency device was 
determined to be in compliance with Commission requirements.
0
44. Section 2.1204 is amended by revising paragraphs (a)(1), (a)(4)(i), 
and (a)(7) to read as follows:


Sec.  2.1204  Import conditions.

    (a) * * *
    (1) The radio frequency device is compliant and has either received 
a grant of certification or the responsible party has performed a 
Supplier's Declaration of Conformity. However, a radio frequency device 
that has been issued a provisional grant of certification may be 
imported prior to the issuance of a grant of certification provided 
that the importer maintains sufficient control over the device to 
ensure that it is not marketed as defined in Sec.  2.803(a) prior to 
the receipt of the grant of certification.
* * * * *
    (4) * * *
    (i) 400 or fewer units, provided the product is designed solely for 
operation within one of the Commission's authorized radio services for 
which an operating license is required to be issued by the Commission; 
or
* * * * *
    (7) Three or fewer devices are being imported for the individual's 
personal use and are not intended for sale.
* * * * *


Sec.  2.1205  [Removed]

0
45. Remove Sec.  2.1205.

PART 15--RADIO FREQUENCY DEVICES

0
46. The authority citation for part 15 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.

0
47. Section 15.1 is amended by revising paragraph (c) to read as 
follows:


Sec.  15.1  Scope of this part.

* * * * *
    (c) Unless specifically exempted, the operation or marketing of an 
intentional or unintentional radiator that is not in compliance with 
the administrative and technical provisions in this part, including 
prior equipment authorization, as appropriate, is prohibited under 
section 302 of the Communications Act of 1934, as amended, and subpart 
I of part 2 of this chapter. The equipment authorization procedures are 
detailed in subpart J of part 2 of this chapter.
0
48. Section 15.19 is amended by revising paragraph (a) and by removing 
and reserving paragraph (b) to read as follows:


Sec.  15.19  Labeling requirements.

    (a) In addition to the requirements in part 2 of this chapter, a 
device subject to certification, or Supplier's Declaration of 
Conformity shall be labeled as follows:
    (1) Receivers associated with the operation of a licensed radio 
service, e.g., FM broadcast under part 73 of this chapter, land mobile 
operation under part 90 of this chapter, etc., shall bear the following 
statement in a conspicuous location on the device:
    This device complies with part 15 of the FCC Rules. Operation is 
subject to the condition that this device does not cause harmful 
interference.
    (2) A stand-alone cable input selector switch, shall bear the 
following statement in a conspicuous location on the device:
    This device complies with part 15 of the FCC Rules for use with 
cable television service.
    (3) All other devices shall bear the following statement in a 
conspicuous location on the device:
    This device complies with part 15 of the FCC Rules. Operation is 
subject to the following two conditions: (1) This device may not cause 
harmful interference, and (2) this device must accept any interference 
received, including interference that may cause undesired operation.
    (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 
impracticable to label it with the statement specified under paragraph 
(a) of this section in a font that is four-point or larger, and the 
device does not have a display that can show electronic labeling, then 
the information required by this paragraph (a) shall be placed in the 
user manual and must also either be placed on the device packaging or 
on a removable label attached to the device.
* * * * *
0
49. Section 15.25 is amended by revising paragraphs (b) and (c) to read 
as follows:


Sec.  15.25  Kits.

* * * * *
    (b) At least two units of the kit shall be assembled in exact 
accordance with the instructions supplied with the product to be 
marketed. If all components required to fully complete the kit (other 
than those specified in paragraph (a) of this section which are needed 
for compliance with the technical provisions and must be included with 
the kit) are not normally furnished with the kit, assembly shall be 
made using the recommended components. The assembled units shall be 
certified or authorized under the Supplier's Declaration of Conformity 
procedure, as appropriate, pursuant to the requirements of this part.
    (1) The measurement data required for a TV interface device subject 
to certification shall be obtained for each of the two units and 
submitted with an application for certification pursuant to subpart J 
of part 2 of this chapter.
    (2) The measurement data required for a TV interface device subject 
to Supplier's Declaration of Conformity shall be obtained for the units 
tested and retained on file pursuant to the provisions of subpart J of 
part 2 of this chapter.
    (c) A copy of the exact instructions that will be provided for 
assembly of the device shall be submitted with an

[[Page 46925]]

application for certification. Those parts which are not normally 
furnished shall be detailed in the application for certification.
* * * * *
0
50. Section 15.27 is amended by revising paragraph (a) to read as 
follows:


Sec.  15.27  Special accessories.

    (a) Equipment marketed to a consumer must be capable of complying 
with the necessary regulations in the configuration in which the 
equipment is marketed. Where special accessories, such as shielded 
cables and/or special connectors, are required to enable an 
unintentional or intentional radiator to comply with the emission 
limits in this part, the equipment must be marketed with, i.e., shipped 
and sold with, those special accessories. However, in lieu of shipping 
or packaging the special accessories with the unintentional or 
intentional radiator, the responsible party may employ other methods of 
ensuring that the special accessories are provided to the consumer, 
without additional charge, at the time of purchase. Information 
detailing any alternative method used to supply the special accessories 
shall be included in the application for a grant of equipment 
authorization or retained in the Supplier's Declaration of Conformity 
records, as appropriate. The party responsible for the equipment, as 
detailed in Sec.  2.909 of this chapter, shall ensure that these 
special accessories are provided with the equipment. The instruction 
manual for such devices shall include appropriate instructions on the 
first page of the text concerned with the installation of the device 
that these special accessories must be used with the device. It is the 
responsibility of the user to use the needed special accessories 
supplied with the equipment. In cases where the manual is provided only 
in a form other than paper, such as on a computer disk or over the 
Internet, the information required by this section may be included in 
the manual in that alternative form, provided the user can reasonably 
be expected to have the capability to access information in that form.
* * * * *
0
51. Section 15.31 is amended by adding a note to paragraph (a)(4) and 
revising paragraphs (b), (d), (f)(4), (h), (j), (k), (l), and (m) to 
read as follows:


Sec.  15.31  Measurement standards.

* * * * *
    (a) * * *
    (4) * * *
    Note to paragraph (a)(4): Digital devices tested to show compliance 
with the provisions of Sec.  15.109(g) must be tested following the 
ANSI C63.4 procedure described in paragraph (a)(4) of this section.
    (b) All parties making compliance measurements on equipment subject 
to the requirements of this part are urged to use these measurement 
procedures. Any party using other procedures should ensure that such 
other procedures can be relied on to produce measurement results 
compatible with the FCC measurement procedures. The description of the 
measurement procedure used in testing the equipment for compliance and 
a list of the test equipment actually employed shall be made part of an 
application for certification or included with the data required to be 
retained by the party responsible for devices authorized pursuant to a 
Supplier's Declaration of Conformity.
* * * * *
    (d) Field strength measurements shall be made, to the extent 
possible, on an open area test site. Test sites other than open area 
test sites may be employed if they are properly calibrated so that the 
measurement results correspond to what would be obtained from an open 
area test site. In the case of equipment for which measurements can be 
performed only at the installation site, such as perimeter protection 
systems, carrier current systems, and systems employing a ``leaky'' 
coaxial cable as an antenna, measurements for Supplier's Declaration of 
Conformity or for obtaining a grant of equipment authorization shall be 
performed at a minimum of three installations that can be demonstrated 
to be representative of typical installation sites.
* * * * *
    (f) * * *
    (4) The applicant for a grant of certification shall specify the 
extrapolation method used in the application filed with the Commission. 
For equipment subject to Supplier's Declaration of Conformity, this 
information shall be retained with the measurement data.
* * * * *
    (h) A device which incorporates a carrier current system shall be 
tested as if the carrier current system were incorporated in a separate 
device; that is, the device shall be tested for compliance with 
whatever rules would apply to the device were the carrier current 
system not incorporated, and the carrier current system shall be tested 
for compliance with the rules applicable to carrier current systems.
* * * * *
    (j) If the equipment under test consists of a central control unit 
(host device) and an external or internal accessory(ies) (peripheral, 
sleeve, etc.) and the party declaring compliance of the equipment or 
applying for a grant of equipment authorization manufactures or 
assembles the central control unit and at least one of the accessory 
devices that can be used with that control unit, testing of the control 
unit and/or the accessory(ies) must be performed using the devices 
manufactured or assembled by that party, in addition to any other 
needed devices which the party does not manufacture or assemble. If the 
party declaring compliance of the equipment or applying for a grant of 
equipment authorization does not manufacture or assemble the central 
control unit and at least one of the accessory devices that can be used 
with that control unit or the party can demonstrate that the central 
control unit or accessory(ies) normally would be marketed or used with 
equipment from a different entity, testing of the central control unit 
and/or the accessory(ies) must be performed using the specific 
combination of equipment which is intended to be marketed or used 
together. Only one test using peripherals or accessories that are 
representative of the devices that will be employed with the equipment 
under test is required. All possible equipment combinations are not 
required to be tested. The accessories or peripherals connected to the 
device being tested shall be unmodified, commercially available 
equipment.
    (k) Composite systems (i.e. systems that incorporate different 
devices contained in a single enclosure or in separate enclosures 
connected by wire or cable) shall be measured for compliance with the 
technical standards of this part in accordance with the procedures in 
Sec.  2.947(f) of this chapter. For digital devices which consist of a 
combination of Class A and Class B devices, the total combination of 
which results in a Class A digital device, it is only necessary to 
demonstrate that the equipment combination complies with the limits for 
a Class A device. This equipment combination may not be employed for 
obtaining a grant of equipment authorization or declaring compliance a 
Class B digital device. However, if the digital device combination 
consists of a Class B central control unit, e.g., a personal computer, 
and a Class A internal peripheral(s), it must be demonstrated that the 
Class B central control unit continues to comply with the limits for a 
Class B digital device with the Class

[[Page 46926]]

A internal peripheral(s) installed but not active.
    (l) Measurements of radio frequency emissions conducted to the 
public utility power lines shall be performed using a 50 ohm/50 
[micro]H line-impedance stabilization network (LISN).
    (m) Measurements on intentional radiators or receivers, other than 
TV broadcast receivers, shall be performed and, if required, reported 
for each band in which the device can be operated with the device 
operating. The number of fundamental frequencies shall be investigated 
as specified in ANSI C63.10-2013, clause 5.7 (incorporated by 
reference, see Sec.  15.38).
* * * * *
0
52. Section 15.32 is revised 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 in accordance with the specific procedures published or 
otherwise authorized by the Commission.
0
53. Section 15.33 is amended by revising paragraph (a) to read as 
follows:


Sec.  15.33  Frequency range of radiated measurements.

    (a) For an intentional radiator, the spectrum shall be investigated 
as specified in ANSI C63.10-2013, clause 5.5 (incorporated by 
reference, see Sec.  15.38).
* * * * *
0
54. Section 15.35 is revised to read as follows:


Sec.  15.35  Measurement detector functions and bandwidths.

    The conducted and radiated emission limits shown in this part are 
based on the following, unless otherwise specified in this part:
    (a) On any frequency or frequencies below or equal to 1000 MHz, the 
limits shown are based on measuring equipment employing a CISPR quasi-
peak detector function and related measurement bandwidths, unless 
otherwise specified. The specifications for the measuring 
instrumentation using the CISPR quasi-peak detector can be found in 
ANSI C63.4-2014, clause 4 (incorporated by reference, see Sec.  15.38). 
As an alternative to CISPR quasi-peak measurements, the responsible 
party, at its option, may demonstrate compliance with the emission 
limits using measuring equipment employing a peak detector function as 
long at the same bandwidth as indicated for CISPR quasi-peak 
measurements are employed.
    (b) Unless otherwise specified, on any frequency or frequencies 
above 1000 MHz, the radiated emission limits are based on the use of 
measurement instrumentation employing an average detector function. 
Unless otherwise specified, measurements above 1000 MHz shall be 
performed using a minimum resolution bandwidth of 1 MHz. When average 
radiated emission measurements are specified in this part, including 
average emission measurements below 1000 MHz, there also is also a 
limit on the peak level of radio frequency emissions. Unless otherwise 
specified, the limit on peak radio frequency emissions is 20 dB above 
the maximum permitted average emission limit applicable to the 
equipment under test. This peak limit applies to the total peak 
emission level radiated by the device, e.g., the total peak power 
level. Note that the use of a pulse desensitization correction factor 
may be needed to determine the total peak emission level. The 
instruction manual or application note for the measurement instrument 
should be consulted for determining pulse desensitization factors, as 
necessary.
    (c) Unless otherwise specified, when the radiated emission limits 
are expressed in terms of the average value of the emission, and pulsed 
operation is employed, the measurement field strength shall be 
determined by averaging over one complete pulse train, including 
blanking intervals, as long as the pulse train does not exceed 0.1 
seconds. As an alternative (provided the transmitter operates for 
longer than 0.1 seconds) or in cases where the pulse train exceeds 0.1 
seconds, the measured field strength shall be determined from the 
average absolute voltage during a 0.1 second interval during which the 
field strength is at its maximum value. The exact method of calculating 
the average field strength shall be submitted with any application for 
certification or shall be retained in the measurement data file for 
equipment subject to Supplier's Declaration of Conformity.
0
55. Section 15.101 is revised to read as follows:


Sec.  15.101  Equipment authorization of unintentional radiators.

    (a) Except as otherwise exempted in Sec. Sec.  15.23, 15.103, and 
15.113, unintentional radiators shall be authorized prior to the 
initiation of marketing, as follows:

------------------------------------------------------------------------
           Type of device             Equipment  authorization  required
------------------------------------------------------------------------
TV Broadcast Receiver..............  SDoC or Certification.
FM Broadcast Receiver..............  SDoC or Certification.
CB Receiver........................  SDoC or Certification.
Superregenerative Receiver.........  SDoC or Certification.
Scanning Receiver..................  Certification.
Radar Detector.....................  Certification.
All other receivers subject to Part  SDoC or Certification.
 15.
TV Interface Device................  SDoC or Certification.
Cable System Terminal Device.......  SDoC or Certification.
Stand-alone Cable input selector     SDoC or Certification.
 switch.
Class B personal computers and       SDoC or Certification.
 peripherals.
CPU boards and internal power        SDoC or Certification.
 supplies used with Class B
 personal computers.
Class B personal computers           SDoC or Certification.
 assembled using authorized CPU
 boards or power supplies.
Class B external switching power     SDoC or Certification.
 supplies.
Other Class B digital devices &      SDoC or Certification.
 peripherals.
Class A digital devices,             SDoC or Certification.
 peripherals & external switching
 power supplies.
Access Broadband over Power Line     Certification.
 (Access BPL).
All other devices..................  SDoC or Certification.
------------------------------------------------------------------------


[[Page 46927]]

    (b) Only those receivers that operate (tune) within the frequency 
range of 30-960 MHz, CB receivers and radar detectors are subject to 
the authorizations shown in paragraph (a) of this section. However, 
receivers indicated as being subject to Supplier's Declaration of 
Conformity that are contained within a transceiver, the transmitter 
portion of which is subject to certification, shall be authorized under 
the Supplier's Declaration of Conformity procedure. Receivers operating 
above 960 MHz or below 30 MHz, except for radar detectors and CB 
receivers, are exempt from complying with the technical provisions of 
this part but are subject to Sec.  15.5.
    (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 Supplier's 
Declaration of Conformity or a grant of certification;
    (2) The personal computer is authorized under a Supplier's 
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 Supplier's 
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 Supplier's 
Declaration of Conformity or a grant of certification; and
    (4) Personal computers assembled using either of the methods 
specified in paragraph (c)(2) or (3) of this section must, by 
themselves, also be authorized under a Supplier's Declaration of 
Conformity if they are marketed. However, additional testing is not 
required for this Supplier's 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 Supplier's Declaration of Conformity, or a grant of 
certification, as appropriate, prior to marketing. Regardless of the 
provisions of paragraph (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 Supplier's 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 Supplier's 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 a 
Supplier's Declaration of Conformity are contained in subpart J of part 
2 of this chapter.
0
56. Section 15.102 is amended by revising paragraph (b)(4) to read as 
follows:


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

* * * * *
    (b) * * *
    (4) If the system is marketed, the resulting equipment combination 
is authorized under a Supplier's Declaration of Conformity pursuant to 
Sec.  15.101(c)(4) and a compliance information statement, as described 
in Sec.  2.1077(b) of this chapter, is supplied with the system. 
Marketed systems shall also comply with the labeling requirements in 
Sec.  15.19 and must be supplied with the information required under 
Sec. Sec.  15.21, 15.27, and 15.105; and
* * * * *
0
57. Section 15.123 is amended by revising paragraphs (c)(3) and 
(c)(5)(iii) to read as follows:


Sec.  15.123  Labeling of digital cable ready products.

* * * * *
    (c) * * *
    (3) Subsequent to the testing of its initial unidirectional digital 
cable product model, a manufacturer or importer is not required to have 
other models of unidirectional digital cable products tested at a 
qualified test facility for compliance with the procedures of Uni-Dir-
PICS-I01-030903 (incorporated by reference, see Sec.  15.38) unless the 
first model tested was not a television, in which event the first 
television shall be tested as provided in Sec.  15.123(c)(1). The 
manufacturer or importer shall ensure that all subsequent models of 
unidirectional digital cable products comply with the procedures in the 
Uni-Dir-PICS-I01-03090 (incorporated by reference, see Sec.  15.38) and 
all other applicable rules and standards. The manufacturer or importer 
shall maintain records indicating such compliance in accordance with 
the Supplier's Declaration of Conformity procedure requirements in part 
2, subpart J of this chapter. The manufacturer or importer shall 
further submit documentation verifying compliance with the procedures 
in the Uni-Dir-PICS-I01-030903: (incorporated by reference, see Sec.  
15.38) to the qualified test facility.
* * * * *
    (c) * * *
    (5) * * *
    (iii) Subsequent to the successful testing of its initial M-UDCP, a 
manufacturer or importer is not required to have other M-UDCP models 
tested at a qualified test facility for compliance with M-UDCPPICS-I04-
080225, (incorporated by reference, see Sec.  15.38) unless the first 
model tested was not a television, in which event the first television 
shall be tested as provided in Sec.  15.123(c)(5)(i). The manufacturer 
or importer shall ensure that all subsequent models of M-UDCPs comply 
with M-UDCP-PICS-I04-080225, (incorporated by reference, see Sec.  
15.38) and all other applicable rules and standards. The manufacturer 
or importer shall maintain records indicating such compliance in 
accordance with the Supplier's Declaration of Conformity procedure 
requirements in part 2, subpart J of this chapter. For each M-UDCP 
model, the manufacturer or importer shall further submit documentation 
demonstrating compliance with M-UDCP-PICS-I04-

[[Page 46928]]

080225, (incorporated by reference, see Sec.  15.38) to the qualified 
test facility.
* * * * *
0
58. Section 15.201 is amended by revising paragraphs (a) through (c) to 
read as follows:


Sec.  15.201  Equipment authorization requirement.

    (a) Intentional radiators operated as carrier current systems, 
devices operated under the provisions of Sec. Sec.  15.211, 15.213, and 
15.221, and devices operating below 490 kHz in which all emissions are 
at least 40 dB below the limits in Sec.  15.209 shall comply with the 
Suppliers Declaration of Conformity procedures in subpart J of part 2 
of this chapter prior to marketing.
    (b) Except as otherwise exempted in paragraph (c) of this section 
and in Sec.  15.23, all intentional radiators operating under the 
provisions of this part shall be certified by the Commission pursuant 
to the procedures in subpart J of part 2 of this chapter prior to 
marketing.
    (c) For devices such as perimeter protection systems which, in 
accordance with Sec.  15.31(d), are required to be measured at the 
installation site, each application for certification must be 
accompanied by a statement indicating that the system has been tested 
at three installations and found to comply at each installation. Until 
such time as certification is granted, a given installation of a system 
that was measured for the submission for certification will be 
considered to be in compliance with the provisions of this chapter, 
including the marketing regulations in subpart I of part 2 of this 
chapter, if tests at that installation show the system to be in 
compliance with the relevant technical requirements. Similarly, where 
measurements must be performed on site for equipment subject to 
Supplier's Declaration of Conformity, a given installation that has 
been found compliant with the applicable standards will be considered 
to be in compliance with the provisions of this chapter, including the 
marketing regulations in subpart I of part 2 of this chapter.
* * * * *


Sec.  15.212  [Removed]

0
59. Remove Sec.  15.212.


Sec.  15.239  [Amended]

0
60. In Sec.  15.239, remove paragraph (d).
0
61. Section 15.615 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  15.615  General administrative requirements.

    (a) * * *
    (4) The manufacturer and type of Access BPL equipment and its 
associated FCC ID number, or, in the case of Access BPL equipment that 
has been subject to Supplier's Declaration of Conformity, the Trade 
Name and Model Number, as specified on the equipment label.
* * * * *

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

0
62. The authority citation for part 18 continues to read as follows:

    Authority: 47 U.S.C. 4, 301, 302, 303, 304, 307.

0
63. Section 18.203 is revised to read as follows:


Sec.  18.203  Equipment authorization.

    (a) Consumer ISM equipment, unless otherwise specified, must be 
authorized under either the Supplier's Declaration of Conformity or 
certification procedure prior to use or marketing. An application for 
certification shall be filed with a TCB, pursuant to the relevant 
sections in part 2, subpart J of this chapter.
    (b) Consumer ultrasonic equipment generating less than 500 watts 
and operating below 90 kHz, and non-consumer ISM equipment shall be 
subject to Supplier's Declaration of Conformity, in accordance with the 
relevant sections of part 2, subpart J of this chapter.
    (c) Grants of equipment authorization issued, as well as on-site 
certifications performed, before March 1, 1986, remain in effect and no 
further action is required.
0
64. Section 18.209 is revised to read as follows:


Sec.  18.209  Identification of authorized equipment.

    Each device for which a grant of equipment authorization is issued 
under this part shall be identified pursuant to the applicable 
provisions of subpart J of part 2 of this chapter. Changes in the 
identification of authorized equipment may be made pursuant to Sec.  
2.1033 of this chapter. FCC Identifiers as described in Sec. Sec.  
2.925 and 2.926 of this chapter shall not be used on equipment subject 
to Supplier's Declaration of Conformity.
0
65. Section 18.212 is revised to read as follows:


Sec.  18.212  Compliance information.

    (a) Equipment authorized under the Supplier's Declaration of 
Conformity procedure shall include the following compliance information 
in lieu of the information required by Sec.  2.1077 of this chapter.
    (1) Identification of the product, e.g., name and model number.
    (2) A statement similar to the following:
    This device complies with part 18 of the FCC Rules.
    (3) The name and address of the responsible party as defined in 
Sec.  2.909 of this chapter. This party must be located within the 
United States.
    (b) The compliance information may be placed in the instruction 
manual, on a separate sheet, or on the packaging. There is no specific 
format for this information.
0
66. Section 18.311 is revised to read as follows:


Sec.  18.311  Methods of measurement.

    The measurement techniques which will be used by the FCC to 
determine compliance with the technical requirements of this part are 
set out in FCC Measurement Procedure MP-5, ``Methods of Measurements of 
Radio Noise Emissions from ISM equipment'' or compliance measurements 
shall be made in accordance with the specific procedures published or 
other procedures otherwise authorized by the Commission.

[FR Doc. 2015-18402 Filed 8-5-15; 8:45 am]
 BILLING CODE 6712-01-P