[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Rules and Regulations]
[Pages 50820-50838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23217]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 15, 18, 73, 74, 78, 80, 87, 90, and 101
[ET Docket No. 15-170; FCC 17-93]
Authorization of Radiofrequency Equipment
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Federal Communications Commission (Commission) amends its
equipment authorization regulations, increasing the Commission's
agility to respond to changes in technology and industry standards.
This rule consolidates, simplifies, and streamlines certain procedures,
and removes the requirement to file the import declaration FCC Form 740
under certain circumstances.
DATES: Effective November 2, 2017.
The incorporation by reference listed in the rule was approved by
the Director of the Federal Register as of November 2, 2017.
ADDRESSES: FCC Reference Information Center, Portals II, 445 12th
Street SW., Room CY-A257, Washington, DC 20554 for full text of ``First
Report and Order, FCC 17-93'' (also at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-93A1.docx) and inspection of material
incorporated by reference. See SUPPLEMENTARY INFORMATION for details.
FOR FURTHER INFORMATION CONTACT: Brian Butler, Office of Engineering
and Technology, (202) 418-2702, email: [email protected], TTY (202)
418-2989. For additional information concerning the Paperwork Reduction
Act information collection requirements contained in this document,
contact Nicole Ongele, OMD/PERM, (202) 418-2991, or send an email to
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First
Report and Order (R&O), ET Docket No. 15-170, FCC 17-93, adopted July
13, 2017, and released July 14, 2017. 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, or by downloading the text from the Commission's
Web site at [http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db1003/FCC-17-93A1.pdf]. Alternative formats are available for
people with disabilities (Braille, large print, electronic files, audio
format) by sending an email to [email protected] or calling the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
Synopsis
I. First Report and Order
1. On July 17, 2015, the Commission adopted a Notice of Proposed
Rulemaking (NPRM) in this proceeding. 80 FR 46900, August 6, 2015. In
the First Report and Order, the Commission amended parts 0, 1, 2, 15,
and 18 of its rules to update and improve its equipment authorization
program. Section 302 of the Communications Act of 1934, as amended (the
Act), authorizes the Commission to make reasonable regulations
governing the interference potential of devices that emit RF energy and
such devices must demonstrate compliance with the Commission's
technical and equipment authorization requirements before they can be
imported to or marketed in the United States. The Office of Engineering
and Technology (OET) administers the day-to-day operation of the
equipment authorization program, providing supplemental guidance that
is available via public notices and in its online Knowledge Database
(KDB). The Commission's actions are described in greater detail below.
2. Supplier's Declaration of Conformity. The Commission adopted its
proposal to replace two of the existing equipment authorization
procedures (Declaration of Conformity (DoC) and verification) with a
single process--``Supplier's Declaration of Conformity'' (SDoC).
Verification and DoC are both self-approval processes under which the
party responsible for the compliance of the RF device has been required
to take the necessary steps (testing or analysis) to ensure that
[[Page 50821]]
the equipment complies with the appropriate technical standards. DoC
incorporates additional requirements: Compliance testing must be
performed by an accredited testing laboratory and the manufacturer must
include of a written compliance statement (i.e., a ``Declaration of
Conformity'') in the literature furnished to the user and affix a
specific FCC logo on the equipment identification label to signify that
the equipment meets the Commission's regulations.
3. The Commission determined that, with the advancement in testing
technologies, equipment and standards, there is no longer a need to
require DoC devices to be tested for compliance by accredited test
laboratories. It further noted that without the requirement for
laboratory accreditation, the DoC and verification procedures are quite
similar. The Commission concluded that adoption of SDoC as single self-
approval 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 its
rules. Under SDoC, the responsible party for equipment will test
equipment for compliance to specified standards or requirements and
supply a statement with the product that certifies that the equipment
complies with the rules and identifies the responsible party. This
information can be included with other information provided to the user
instead of being displayed on the device itself.
4. The Commission found the few arguments against merging DoC and
verification (primarily that the Commission should not relax its
testing requirements) did not diminish its overall confidence in the
adopted SDoC process or its belief that streamlining the procedures by
eliminating selected elements would not appreciably raise the risk of
harmful interference from devices so approved.
5. Testing and laboratory accreditation. The Commission modified
its proposal to eliminate the rule common to verification and DoC that
permitted responsible parties to ``take other necessary steps'' instead
of testing to ensure compliance. To resolve commenter's concerns, the
Commission decided to continue to specify in its rules that other
``measures'' will be acceptable to validate the compliance of a device.
Such specific acceptable testing procedures would draw upon the types
of standardized procedures and voluntary standards that have been
incorporated by reference and endorsed in its guidance documents.
6. Compliance information and logo. The Commission adopted its
proposal to require all SDoC devices to be marketed with a compliance
statement. It found that such a statement will offer assurance that
equipment has been determined to be compliant for use in the United
States according to the Commission's technical regulations, will allow
the Commission to more readily associate the equipment with the party
responsible for compliance, and will meet the public's need for
information about manufacturers and origins of products.
7. The Commission had initially proposed not to require a specific
logo be placed on the device (an element of the existing DoC
requirements). It declined the suggestion of several commenters to
allow the FCC logo to be used in lieu of the compliance statement,
finding that the compliance statement conveys specific information
about a product that a consumer cannot independently ascertain from the
FCC logo, and that continuing to require the FCC logo would create an
unnecessary burden on device manufacturers. Accordingly, it adopted a
rule that allows the FCC logo to be physically placed on a device at
the discretion of the responsible party consistent with the practices
currently specified in Sec. Sec. 15.19 and 18.209, and only if its
device complies with the applicable equipment authorization rules.
While the use of such a logo may provide conveniences for the
responsible party, its presence will not obviate the need to provide
required compliance information or maintain pertinent records related
to device testing.
8. Other requirements. The Commission did not adopt its proposal to
require a statement with additional information when equipment has been
modified, but is nevertheless still subject to the self-approval
process. Noting that, when considered as a whole, the rules require the
responsible party to provide up-to-date compliance information with
each device, the Commission found this information to be sufficient.
The existing technical standards pertaining to Class A (commercial/
industrial) and Class B (residential/home) digital devices remains
otherwise unchanged.
9. Scope. The Commission applied the new SDoC process to all
equipment currently subject to the DoC and verification procedures. It
took no action to re-visit which equipment authorization process is
most appropriate for certain specific categories of devices, but
recognized that, in the event specific types of RF devices authorized
via SDoC are later found more likely to cause harmful interference due
to difficulties in the design, manufacturing, or testing processes, it
has the option to remove such devices from the self-approval procedure
and subject them to the certification process. Certification is a more
stringent approval process that requires, among other things, the use
of accredited laboratories.
10. Under parts 15 and 18 of its rules, a responsible party can
choose to use the certification process in lieu of DoC for the approval
of certain unintentional radiators. The Commission explicitly provided
in the SDoC rules that parties may opt to undergo the more rigorous
certification process for the equipment authorization for any device.
This regulatory option places no burdens on a responsible party, as it
is only an option, and parties can later decide to revert to the SDoC
procedures, if, for example they decide that the costs associated with
certification outweighs the benefits.
11. Transition Period. The Commission permitted manufacturers to
continue to use the existing DoC or verification procedures for up to
one year from the effective date of the rules if they so choose.
12. E-Labeling. In furtherance of the Enhance Labeling, Accessing,
and Branding of Electronic Licenses Act (E-LABEL Act), the Commission
adopted new rules to will codify its existing electronic labeling
procedures. The E-LABEL Act, which applies to all radiofrequency
devices authorized by the Commission that have the ``capability to
digitally display labeling and regulatory information,'' directed it
``to 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.'' The adopted rules
generally allow a radiofrequency device to electronically display any
labels required by our rules, including the FCC ID required for
certified devices, as well as any warning statements or other
information that our rules require to be placed on a physical label on
the device.
13. Capability of a device to digitally display information. The E-
LABEL Act applies to ``radiofrequency device[s] with display,'' which
are defined as equipment or devices that require Commission
authorization prior to marketing and sale, and that ``ha[ve] the
capability to digitally display'' required information. The Commission
concluded that if the labeling and regulatory information cannot be
displayed to the intended recipient ``in
[[Page 50822]]
a manner that effects its purpose,'' the device is incapable of
digitally displaying the required information as required by the E-
LABEL Act.
14. ``Three-step'' access. The Commission determined to require
that labeling and regulatory information, when digitally displayed,
should be accessible in no more than three steps. This determination is
consonant with the suggestion of an industry group, is similar to other
international regulations, and mirrors staff guidance currently
provided in the KDB publications. It provided one example of a
characteristic sequence: A user accessing the device settings menu
(step one); accessing a submenu of legal information (step two); and
accessing a further submenu of FCC compliance information (step three).
The Commission directed OET to provide guidance in response to any
specific questions on how to determine a particular device's compliance
with this requirement via the KDB inquiry process.
15. Access Instructions. The Commission decided to require that
device users be provided with prominent and specific instructions on
how to access the required labeling and regulatory information that be
must be included with the device (packaging material, operating
instruction booklet, etc.) or on a product-related Web site so long as
the packaging material includes a statement that information on
accessing this information is available on the Internet, along with
effective instructions on how to access the direct Web site containing
the required information. These instructions must be available in
either the packaging material or another easily accessible format at
the time of purchase, and be available on the product-related Web site,
if one exists. The responsible party must ensure that the Web site
access instructions provided with the packaging material does not lead
to a dead link or otherwise fail to provide information necessary for
access to the required labeling and regulatory information online. If
the party responsible for the marketing of the device changes over
time, maintaining this information shall become the responsibility of
the party that most recently packaged the specific version of the
device and made it available for sale.
16. Codes, permissions, and accessories. Accessing the labeling and
regulatory information must not require any special codes or
permissions. Other forms of electronic labeling such as Radio Frequency
Identification (RFID) tags or Quick Response (QR) codes may not
substitute for the on-screen information display, and displays that
require the use of special accessories, supplemental software, or
similar plug-ins are not permitted. By contrast, screen locks,
passcodes, or similar security protections that are designed to control
overall device access and use and implemented by the owner(s)/user(s)
of a device, are integral to securing personal access to a device and
its information, do not inappropriately restrict access to labeling-
related information, and are therefore not precluded by the prohibition
on special codes.
17. Devices that require connection to a second device to function.
Electronic labeling is permitted for devices that do not include an
integrated screen but that can only operate in conjunction with a
device that has a screen. Such devices are subject to the same
requirements as any other RF device that is eligible to use the
electronic labeling rules. The Commission further stated that merely
being capable of such an association would not qualify a display-free
device to use electronic labeling if the device retains any utility in
a stand-alone configuration, and, thus, this provision only applies to
devices that have no operation or functionality as a radiofrequency
device unless connected to an electronic display.
18. Electronic labeling legibility and permanence. The Commission
concluded that, regardless of the method of display, electronic or
physical, if the required information is not legible, or if a display
that is too dim or displayed for too short a duration to be easily
read, then the basic purpose of having a labeling requirement is
undermined. Accordingly, electronic labeling information must be
electronically displayed in a manner that is ``clearly legible without
the aid of magnification.'' Similarly, because electronic labels cannot
be easily removed or replaced if they are to be effective,
manufacturers that choose to display required labeling information
electronically must ensure that the information may not be removed or
modified by anyone other than the responsible party.
19. When electronic labels may be used. The Commission found that
in defining ``electronic labeling,'' the E-LABEL Act statute does not
limit itself to just the basic equipment labels that the Commission
requires (e.g., FCC IDs), and so it should be read broadly to cover any
labeling that the Commission may require without regard to the subject
matter. The rule the Commission adopted permits, with limited
exceptions, e-labeling for ``any . . . information that the
Commission's rules would otherwise require to be shown on a physical
label attached to the device.'' Only in those limited cases where an
electronic label would be incapable of conveying the information in a
timely manner, such that it would undermine the purpose of providing
the information in the first place, does the Commission still require
the use of physical labels. It provided specific examples, including
mandatory labeling requirements and warnings for 406 MHz personal
locator beacons, notice of prior coordination requirement for wireless
medical telemetry devices, non-interference warnings and serial number
identification for MedRadio equipment, and labeling requirements for
Emergency Position Indicating Radiobeacons and Emergency Locator
Transmitters. Where a rule has a variety of information disclosure
requirements, only those elements that relate to labeling the device
itself will be eligible for electronic labeling.
20. Temporary External Labels. In the NPRM, the Commission noted
that labels are intended to provide consumers with important
information about RF devices and inform government officials that the
devices meet the technical requirements of its rules and it expressed
concerns that these abilities are limited when access to the electronic
display is precluded. Thus, the Commission initially proposed that
devices using an electronic label instead of a permanent physical label
would be required to include the pertinent regulatory information on
the product packaging or on a physical label placed on the device at
the time of importation, marketing, and sales. In response, some
commenters asserted that requiring the removable labels would reduce
many of the benefits of e-labeling and that such a requirement was not
part of Congress' direction in the E-LABEL Act.
21. The Commission stated that while the E-LABEL Act did not
specifically prescribe the use of temporary external labels, it did not
directly proscribe them either. It noted that the Act's legislative
history stated that the purpose of the bill was ``to promote the non-
exclusive use of electronic labeling for certain [RF] devices.'' It
continued that, while the statutory language generically refers to
physical labels, the legislative history makes it clear that Congress
did not intend to frustrate or disrupt the underlying purpose of the
equipment authorization program. Toward this end the Commission
asserted that a temporary physical label would support ongoing
oversight and provide everyone in the supply chain, including
[[Page 50823]]
wholesalers, distributors, and retailers, as well as initial
purchasers, an obvious assertion that a device comports with our
technical requirements and is legal to import/sell/purchase in the U.S.
While acknowledging the burdens associated with its temporary labeling
proposal, it affirmed its belief that temporary labels or packaging
markings would be significantly less burdensome than permanent labels.
Accordingly, the Commission concluded that requiring temporary labeling
provides a reasonable means for it to meet its objectives in
maintaining the ready identification of devices while supporting the
overall streamlining and cost-saving objectives embodied in the E-LABEL
Act.
22. The Commission accordingly adopted a limited version of its
original labeling proposal, specifically requiring a device or its
packaging be labeled such that the device can be identified as
complying with the FCC's equipment authorization requirements. This
could be accomplished via stick-on label, printing on the packaging, or
other similar means. In many cases, the label might simply display be
the FCC ID, or it can also be sufficient to identify the device by
model or name, if the Web page with the relevant regulatory information
is readily identifiable. The Commission found that this requirement
would afford parties with considerably more flexibility than its
existing rules--many of which require external labeling to be readily
visible--as well as the existing KDB guidance and it would
significantly reduce the potential burdens that parties had identified
in the original proposal.
23. Labeling for small devices. The Commission adopted a rule
specifying that, in the event that a device is so small that its
identifying information cannot be displayed on its surface in four-
point type or larger, and it does not have a capability for electronic
display, then that device's identifying information may be placed in
its user manual.
24. Importation Rules. To ensure that RF devices brought into the
United States comply with the Commission's technical standards, the
Commission rules set out specific conditions under which RF devices
that are capable of causing harmful interference to radio
communications may be imported into the United States. The Commission
eliminated the FCC-specific customs declaration filing requirement
(effected by FCC Form 740) and modified rules specifying responsibility
for the compliance of imported RF products to account for this change.
25. Importation declaration/FCC Form 740. The Commission
discontinued use of FCC Form 740 and eliminated Sec. Sec. 2.1205 and
2.1203(b), thus removing the Form 740 filing requirements. It found
nothing in the record to indicate that the existing Form 740 filing
process provides a substantial deterrent to illegal importation of RF
devices, that the existing filing requirement creates large burdens in
light of the growth in the number and type of RF devices being
imported, and that there is now a wider availability of product and
manufacturer information, including that available to the FCC from the
Custom and Border Protection (CBP)'s database.
26. Compliance Responsibilities. The Commission retained the
requirement that there must be an entity that assumes responsibility
for the compliance of the device and modified the rules to ensure the
existence and identity (and a domestic presence under the new SDoC
rules), of such a responsible party.
27. The responsible party can be the importer or the consignee or
the customs broker. The Commission noted that customs brokers have the
ability to decline to broker shipments for which no other party will
take responsibility, and they can take added steps to ensure that their
clients follow our rules for shipments they broker (e.g., by requiring
a compliance statement from clients or obtaining an indemnification
agreement or suitable bonding). The new rule also requires the
submission of supporting documentation of compliance upon request by
the Commission.
28. Increasing the number of trade show devices. The Commission
modified Sec. 2.1204(a)(4), which allows for the importation of RF
devices for demonstration purposes at a trade show, provided that those
devices will not be sold or marketed, to permit the importation of up
to 400 devices of any type for that purpose. The prior rule allowed for
200 units for devices used in licensed services (including the
``licensed by rule'' services) and 10 units for all other products, but
also allowed for the importation of a greater number of devices upon
written approval from OET. The revised limits are appropriate and will
reduce overall administrative burdens. Based on past experiences with
trade shows in which parties have sought approval to import and
demonstrate more devices than the current rules allow, the new limit
should accommodate future needs while still maintaining a check on the
potential that too many imported trade show devices could lead to
interference concerns. The option to seek written approval to import
more than 400 devices will remain available under new Sec.
2.1204(a)(4)(ii) for any such cases that might occur.
29. Excluded devices. The Commission did not adopt its proposal to
remove the exclusion contained in Sec. 2.1202(a) of the rules for
certain unintentional radiators ``which utilize low level battery power
and which do not contain provisions for operation while connected to AC
power lines'' from complying with the Commission's importation
conditions. In response to commenters' concerns, it retained the
exclusion and its description in the rules, but removed the list of
example devices (e.g., cameras, musical greeting cards, and hand-held
calculators) contained in the rules that, in many cases, are obsolete
and can be misleading.
30. Devices imported for personal use. The Commission revised Sec.
2.1204(a)(7) to allow an individual to import for personal use up to
three devices, including those covered under the current exemption and
adding intentional RF transmitters whether or not used in conjunction
with licensed service and identified under our rules as client or
subscriber devices. It limited the expansion of the rule to encompass
client or subscriber devices to account for modern use scenarios while
still ensuring that the importation rules continue to offer adequate
protection against the types of devices that have the greatest
potential to lead to cases of harmful interference.
31. Measurement Procedures. These rule modifications will make it
easier to keep up with changes in technology and industry measurement
standards and address the evolution of how new technologies are
incorporated into ensuing generations of devices, thus making it easier
to ensure that RF devices are tested properly.
32. Streamlining and Consolidating References to KDB Guidance. The
Commission modified Sec. 2.947(a)(3), which had referred to ``any
measurement procedure acceptable to the Commission,'' to specifically
include a reference to the advisory information that is available in
the KDB. This assists manufacturers and the public by providing a clear
reference to an existing resource that provides technical guidance. A
new provision (subsection (g)) requires test reports to contain
adequate test data or sufficient justification as to why test data was
not required. This will help ensure consistency among submissions,
particularly when a party is not submitting all possible testing data
that could be performed. The Commission
[[Page 50824]]
also added references to KDB Publications in Parts 15 (for unlicensed
RF devices) and Part 18 (for Industrial, Scientific, and Medical (ISM)
Equipment).
33. References to Industry Standards. The Commission revised the
specific measurement procedures contained in Sec. Sec. 15.31, 15.32
and 15.35 to remove any redundancy with the ANSI C63.4-2014 and ANSI
C63.10-2013 procedures that are specified by reference in Sec. Sec.
15.31(a)(3) and (a)(4) and, in the case of Sec. 15.35(a), to reference
ANSI C63.4-2014 clause 4 for specifications on measuring
instrumentation using a CISPR-quasi peak detector function and related
measurement bandwidths. It did not modify Sec. Sec. 2.1057 and
15.33(a) so that it could retain clear requirements in the rules on the
specified range for frequency measurements.
34. Composite systems. Many products now include devices that
operate under multiple rules sections that have distinct authorization
requirements and the measurement procedures for the certification of
these so-called ``composite systems'' are included in Sec. Sec.
15.31(h) and 15.31(k) of the rules. The Commission modified its rules
to move most provisions for composite systems to part 2 of its rules
since they generally apply to all types of advices. Certain
requirements that specifically apply to unlicensed devices remain in
Sec. Sec. 15.31(h) and 15.31(k).
35. ANSI C63.26 (Compliance Testing for Licensed Radio Services).
The Commission amended Sec. Sec. 2.910(c) and 2.1041 to include ANSI
C63.26-2015, ``American National Standard for Compliance Testing of
Transmitters Used in Licensed Radio Services'' as an acceptable
measurement procedure for equipment that operates in authorized radio
services covered by the measurement standard. This standard can be used
for measurements that are required by Sec. Sec. 2.1046, 2.1047,
2.1049, 2.1051, 2.1053, 2.1055, and 2.1057. Use of ANSI standards is
long-standing Commission practice and this standard is in the public
domain; although there is a fee for its use. It retained all current
options in Sec. 2.947 that can be considered in selecting a
measurement procedure to be used for demonstrating compliance. Finally,
it allowed accredited laboratories to test to the ANSI C63.26 standards
for up to two years from the date of adoption of the First Report and
Order without an explicit expansion of their scope by an accrediting
body.
36. Incorporation by Reference. The FCC is required by law to
obtain approval for incorporation by reference from the Office of the
Federal Register (OFR). The OFR's requirements for incorporation by
reference are set forth in 1 CFR part 51. The OFR's regulations require
that agencies must discuss in the preamble of the final 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 final rule must
summarize the material being incorporated by reference. 1 CFR 51.5(b).
37. In accordance with OFR's requirements, the discussion in this
section summarizes ANSI standards. They can be viewed during normal
business hours at the Commission address found in ADDRESSES. Copies of
the standards are 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.
38. (1) ANSI C63.26-2015, ``American National Standard for
Compliance Testing of Transmitters Used in Licensed Radio Services,''
ANSI approved December 11, 2015, IBR approved for Sec. 2.1041.
39. This standard, ANSI C63.26-2015, covers the procedures for
testing a wide variety of licensed transmitters; including but not
limited to transmitters operating under parts 22, 24, 25, 27, 90, 95
and 101 of the FCC Rules, transmitters subject to the general
procedures in part 2 of the FCC Rules and procedures for transmitters
not covered in the FCC Rules. The standard also addresses specific
topics; e.g., ERP/EIRP, average power measurements and instrumentation
requirements.
40. (2) 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, IBR approved for Sec. [thinsp]15.35(a).
41. 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.
II. Procedural Matters
A. Paperwork Reduction Act
1. This document contains modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. On August 11, 2017, the Office of Management and
Budget determined that the rule changes made in the First Report and
Order represent nonsubstantive changes to currently approved
collections. Therefore, the existing approvals, OMB control numbers
3060-0329 and 3060-0636, continue to apply to the rules addressed
herein.
B. Congressional Review Act
2. The Commission will send a copy of the First Report and Order in
a report to be sent to Congress and the Government Accountability
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
C. Final Regulatory Flexibility Act
3. The Regulatory Flexibility Act of 1980 (RFA) requires that an
agency prepare a regulatory flexibility analysis for notice and comment
rulemakings, unless the agency certifies that ``the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' Accordingly, the Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA), set forth in Appendix B of the
First Report and Order concerning the possible impact of the rule
changes.
III. Ordering Clauses
4. Accordingly, it is ordered that pursuant to Sections 1, 4(i),
7(a), 301, 303(f), 303(g), 303(r), 307(e), 332, and 720 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, 622, and Sections 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 Report and Order is adopted.
5. It is further ordered that the rules and requirements adopted
herein will become effective upon publication in the Federal Register.
6. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this First Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
[[Page 50825]]
List of Subjects
47 CFR Part 2
Incorporation by reference, Radio, Reporting and recordkeeping
requirements, Telecommunications.
47 CFR Part 15
Communications equipment, Incorporation by reference, Labeling,
Radio, Reporting and recordkeeping requirements.
47 CFR Part 18
Business and industry, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 73
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 74
Communications equipment, Radio, Reporting and recordkeeping
requirements, Television.
47 CFR Part 78
Cable television, Television, Communications equipment, Radio,
Reporting and recordkeeping requirements.
47 CFR Part 80
Communications equipment, Marine safety, Radio, Reporting and
recordkeeping requirements, Vessels.
47 CFR Part 87
Air transportation, Communications equipment, Radio, Reporting and
recordkeeping requirements.
47 CFR Part 90
Administrative practice and procedure, Business and industry,
Common carriers, Communications equipment, Radio, Reporting and
recordkeeping requirements.
47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2, 15, 18, 73, 74, 78,
80, 87, 90, and 101 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. 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
2. Revise Sec. 2.803(b)(2) to read as follows:
Sec. 2.803 Marketing of radio frequency devices prior to equipment
authorization.
* * * * *
(b) * * *
(2) For devices subject to authorization under Supplier's
Declaration of Conformity in accordance with the rules in subpart J of
this part, the device complies with all applicable technical, labeling,
identification and administrative requirements; or
* * * * *
0
3. Revise Sec. 2.901 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 Supplier's Declaration of Conformity or receive a grant of
certification from a Telecommunication Certification Body.
(b) Sections 2.906 through 2.1077 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
4. Remove Sec. 2.902.
0
5. Revise Sec. 2.906 to read as follows:
Sec. 2.906 Supplier's Declaration of Conformity.
(a) Supplier's Declaration of Conformity (SDoC) is a procedure
where the responsible party, as defined in Sec. 2.909, makes
measurements or completes other procedures found acceptable to the
Commission to ensure 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 is applicable to all items
subsequently marketed by the manufacturer, importer, or the responsible
party that 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, all rules governing certification will apply
to that device.
0
6. Revise Sec. 2.909 to read as follows:
Sec. 2.909 Responsible party.
(a) In the case of equipment that requires the issuance of a grant
of certification, the party to whom that grant of certification is
issued is responsible for the compliance of the equipment with the
applicable standards. If the radio frequency equipment is modified by
any party other than the grantee and that party is not working under
the authorization of the grantee pursuant to Sec. 2.929(b), the party
performing the modification is responsible for compliance of the
product with the applicable administrative and technical provisions in
this chapter.
(b) For equipment subject to Supplier's Declaration of Conformity
the party responsible for the compliance of the equipment with the
applicable standards, who must be located in the United States (see
Sec. 2.1077), 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 Supplier's Declaration of Conformity, the
assembler.
(2) If the equipment by itself, or, a system is assembled from
individual parts and the resulting system is subject to Supplier's
Declaration of Conformity and that equipment or system 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
(b)(2) of this section to assume the responsibilities to ensure
compliance of equipment and become the new responsible party.
(4) 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
[[Page 50826]]
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 (i.e., composite
system), all the requirements of paragraphs (a) and (b) of this section
apply.
(d) If, because of modifications performed subsequent to
authorization, a new party becomes responsible for ensuring that a
product complies with the technical standards and the new party does
not obtain a new equipment authorization, the equipment shall be
labeled, following the specifications in Sec. 2.925(d), with the
following: ``This product has been modified by [insert name, address
and telephone number or internet contact information of the party
performing the modifications].''
(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
7. Amend Sec. 2.910 as follows:
0
a. In the introductory text of paragraph (c), remove ``ISO'' and add in
its place ``IEEE'';
0
b. In paragraph (c)(1)(i), remove the last ``and''; and
0
c. Add paragraph (c)(3).
The addition reads as follows:
Sec. 2.910 Incorporation by reference.
* * * * *
(c) * * *
(3) ANSI C63.26-2015, ``American National Standard of Procedures
for Compliance Testing of Transmitters Used in Licensed Radio
Services,'' ANSI approved December 11, 2015, IBR approved for Sec.
2.1041(b).
* * * * *
0
8. Amend Sec. 2.925 by revising the introductory text of paragraph
(a), paragraphs (a)(3), (b), and (f), redesignating the Note following
paragraph (f) as ``Note to paragraph (f)'', and removing paragraph (g)
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:
* * * * *
(3) The information required may be provided electronically
pursuant to Sec. 2.935.
(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 Hearing Aid Compatibility-related
requirements in part 68 of this chapter and 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.
* * * * *
(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
9. Revise Sec. 2.926(e) to read as follows:
Sec. 2.926 FCC identifier.
* * * * *
(e) No FCC Identifier may be used on equipment to be marketed
unless that specific identifier has been validated by a grant of
equipment certification. This shall not prohibit placement of an FCC
identifier on a transceiver which includes a receiver subject to
Suppliers Declaration of Conformity pursuant to Sec. 15.101 of this
chapter, provided that the transmitter portion of such transceiver is
covered by a valid grant of certification. The FCC Identifier is
uniquely assigned to the grantee and may not be placed on the equipment
without authorization by the grantee. See Sec. 2.803 for conditions
applicable to the display at trade shows of equipment which has not
been granted equipment authorization where such grant is required prior
to marketing. Labeling of such equipment may include model or type
numbers, but shall not include a purported FCC Identifier.
0
10. Amend Sec. 2.927 by revising the section heading and 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
11. Revise Sec. 2.931 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)-(c) [Reserved]
(d) In determining compliance for devices subject to Supplier's
Declaration of Conformity, the responsible party warrants that each
unit of equipment marketed under Supplier's Declaration of Conformity
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,
[[Page 50827]]
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.
0
12. Add Sec. 2.935 to read as follows:
Sec. 2.935 Electronic labeling of radiofrequency devices.
(a) Any radiofrequency device equipped with an integrated
electronic display screen, or a radiofrequency device without an
integrated screen that can only operate in conjunction with a device
that has an electronic display screen, may display on the electronic
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.
(b) 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 may
also be provided via the product-related Web site, if such a Web site
exists; the packaging material must provide specific instructions on
how to locate the Web site information, and a copy of these
instructions must be included in the application for equipment
certification.
(c) 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 from
the device setting menu. The number of steps does not include those
steps for use of screen locks, passcodes or similar security protection
designed to control overall device access.
(d) 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;
(e) 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.
(f) Devices displaying their FCC Identifier, warning statements, or
other information electronically must also be labeled, either on the
device or its packaging, with the FCC Identifier or other information
(such as a model number and identification of a Web page that hosts the
relevant regulatory information) that permits the devices to be
identified at the time of importation, marketing, and sales as
complying with the FCC's equipment authorization requirements. Devices
can be labeled with a stick-on label, printing on the packaging, a
label on a protective bag, or by similar means. 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
13. Revise Sec. 2.938 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,
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, 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
[[Page 50828]]
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 paragraph (a)(3) of this
section. A new equipment authorization may also be required.
0
14. Amend Sec. 2.945 by revising paragraphs (b)(1) and (c) to read as
follows:
Sec. 2.945 Submission of equipment for testing and equipment records.
* * * * *
(b) * * *
(1) The Commission may request that the responsible party or any
other party marketing equipment subject to this chapter submit a sample
of the equipment, or provide a voucher for the equipment to be obtained
from the marketplace, to determine the extent to which production of
such equipment continues to comply with the data filed by the applicant
or on file with the responsible party for equipment subject to
Supplier's Declaration of Conformity. The Commission may request that a
sample or voucher to obtain a product from the marketplace be submitted
to the Commission, or in the case of equipment subject to
certification, to the TCB that certified the equipment.
* * * * *
(c) Submission of records. Upon request by the Commission, each
responsible party shall submit copies of the records required by Sec.
2.938 to the Commission. Failure of a responsible party or other party
marketing equipment subject to this chapter to comply with a request
from the Commission for records within 21 days may be cause for
forfeiture, pursuant to Sec. 1.80 of this chapter. The Commission may
consider extensions of time upon submission of a showing of good cause.
* * * * *
0
15. Amend Sec. 2.947 by revising paragraphs (a)(3) and (c), and adding
paragraphs (f) and (g), 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 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.
* * * * *
(c) In the case of equipment requiring measurement procedures not
specified in the references set forth in paragraphs (a)(1) through (3)
of this section, the applicant shall submit a detailed description of
the measurement procedures actually used.
* * * * *
(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.
(g) For each technical requirement in this chapter, the test report
shall provide adequate test data to demonstrate compliance for the
requirement, or in absence of test data, justification acceptable to
the Commission as to why test data is not required.
0
16. Amend Sec. 2.948 by revising paragraph (a), the introductory text
of paragraph (b), and paragraphs (b)(3) and (e) to read as follows:
Sec. 2.948 Measurement facilities.
(a) Equipment authorized under the certification procedure shall be
tested at a laboratory that is accredited in accordance with paragraph
(e) of this section.
(b) A laboratory that makes measurements of equipment subject to an
equipment authorization under the certification procedure or Supplier's
Declaration of Conformity shall compile a description of the
measurement facilities employed.
* * * * *
(3) The description of the measurement facilities shall be retained
by the party responsible for authorization of the equipment and
provided to the Commission upon request.
(i) The party responsible for authorization of the equipment may
rely upon the description of the measurement facilities retained by an
independent laboratory that performed the tests. In this situation, the
party responsible for authorization of the equipment is not required to
retain a duplicate copy of the description of the measurement
facilities.
(ii) No specific site calibration data is required for equipment
that is authorized for compliance based on measurements performed at
the installation site of the equipment. The description of the
measurement facilities may be retained at the site at which the
measurements were performed.
* * * * *
(e) A laboratory that has been accredited with a scope covering the
measurements required for the types of equipment that it will test
shall be deemed competent to test and submit test data for equipment
subject to certification. Such a laboratory shall be accredited by a
Commission recognized accreditation organization based on the
International Organization for Standardization/International
Electrotechnical Commission International Standard ISO/IEC 17025,
(incorporated by reference, see Sec. 2.910). The organization
accrediting the laboratory must be recognized by the Commission's
Office of Engineering and Technology, as indicated in Sec. 0.241 of
this chapter, to perform such accreditation based on International
Standard ISO/IEC 17011 (incorporated by reference, see Sec. 2.910).
The frequency for reassessment of the test facility and the information
that is required to be filed or retained by the testing party shall
comply with the requirements established by the accrediting
organization, but shall occur on an interval not to exceed two years.
* * * * *
0
17. Amend Sec. 2.950 by adding paragraphs (i) and (j) to read as
follows:
Sec. 2.950 Transition periods.
* * * * *
(i) Radio frequency devices that would have been considered
eligible for authorization under either the verification or Declaration
of Conformity procedures that were in effect prior to November 2, 2017
may continue to be authorized until November 2, 2018 under the
appropriate procedure in accordance with the requirements that were in
effect immediately prior to November 2, 2017.
(j) All radio frequency devices that were authorized under the
verification or Declaration of Conformity procedures prior to November
2, 2017 must continue to meet all requirements associated with the
applicable procedure that were in effect immediately prior to November
2, 2017. If any changes are made to such devices
[[Page 50829]]
after November 2, 2018, the requirements associated with the Supplier's
Declaration of Conformity will apply.
Undesignated Center Heading ``Verification'' [Removed]
0
18. Remove the undesignated center heading ``Verification''.
Sec. Sec. 2.951 through 2.955 [Removed]
0
19. Remove Sec. Sec. 2.951 through 2.955.
0
20. Revise Sec. 2.1041 to read as follows:
Sec. 2.1041 Measurement procedure.
(a) For equipment operating under parts 15 and 18, the measurement
procedures are specified in the rules governing the particular device
for which certification is requested.
(b) For equipment operating in the authorized radio services,
measurements are required as specified in Sec. Sec. 2.1046, 2.1047,
2.1049, 2.1051, 2.1053, 2.1055 and 2.1057. The measurement procedures
in ANSI C63.26-2015 (incorporated by reference, see Sec. 2.910) are
acceptable for performing compliance measurements for equipment types
covered by the measurement standard. See also Sec. 2.947 for
acceptable measurement procedures.
Undesignated Center Heading ``Declaration of Conformity'' [Revised]
0
21. Revise the undesignated center heading ``Declaration of
Conformity'' to read ``Supplier's Declaration of Conformity''.
0
22. Revise Sec. 2.1071 to read as follows:
Sec. 2.1071 Cross reference.
The general provisions of this subpart shall apply to equipment
subject to Supplier's Declaration of Conformity.
0
23. Revise Sec. 2.1072 read as follows:
Sec. 2.1072 Limitation on Supplier's Declaration of Conformity.
(a) 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) Supplier's Declaration of Conformity by the 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 Supplier's Declaration of Conformity in a
deceptive or misleading manner or convey the impression that such
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
24. Remove Sec. 2.1073.
0
25. Revise Sec. 2.1074 to read as follows:
Sec. 2.1074 Identification.
(a) Devices subject only to Supplier's Declaration of Conformity
shall 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 shall maintain adequate identification records to facilitate
positive identification for each device.
(b) Devices subject to authorization under Supplier's Declaration
of Conformity may be labeled with the following logo on a voluntary
basis as a visual indication that the product complies with the
applicable FCC requirements. The use of the logo on the device does not
alleviate the requirement to provide the compliance information
required by Sec. 2.1077.
[GRAPHIC] [TIFF OMITTED] TR02NO17.002
Sec. 2.1075 [Removed]
0
26. Remove Sec. 2.1075.
0
27. Revise Sec. 2.1077 to read as follows:
Sec. 2.1077 Compliance information.
(a) If a product must be tested and authorized under 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 or
Internet contact information, of the responsible party, as defined in
Sec. 2.909. The responsible party for 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 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 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 or
Internet contact information, of the responsible party who assembled
the product from modular components, as defined in Sec. 2.909. The
responsible party for 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
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
28. Revise Sec. 2.1201(b) 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
[[Page 50830]]
interference to radio communications may be imported into the U.S.A.
* * * * *
0
29. Revise Sec. 2.1202 to read as follows:
Sec. 2.1202 Exclusions.
The provisions of this subpart do not apply to the importation of:
(a) Unintentional radiators that are exempted from technical
standards and other requirements as specified in Sec. 15.103 of this
chapter or utilize low level battery power and that do not contain
provisions for operation while connected to AC power lines.
(b) Radio frequency devices manufactured and assembled in the
U.S.A. that meet applicable FCC technical standards and that have not
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
30. Revise Sec. 2.1203 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 Sec. 2.1204.
(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 Sec. 2.1203(a) 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
31. Revise Sec. 2.1204(a)(4)(i) through (iii) and (a)(7) to read as
follows:
Sec. 2.1204 Import conditions.
(a) * * *
(4) * * *
(i) 400 or fewer devices.
(ii) Prior to importation of a greater number of units than shown
above, written approval must be obtained from the Chief, Office of
Engineering and Technology, FCC.
(iii) Distinctly different models of a product and separate
generations of a particular model under development are considered to
be separate devices.
* * * * *
(7) Three or fewer radio frequency devices are being imported for
the individual's personal use and are not intended for sale. Unless
exempted otherwise in this chapter, the permitted devices must be from
one or more of the following categories:
(i) Unintentional radiator as defined in part 15 of this chapter
which may include radio receivers, computers or other Class B digital
devices in part 15 of this chapter.
(ii) Consumer ISM equipment as defined in part 18 of this chapter.
(iii) Intentional radiators subject to part 15 rules only if they
can be used in client modes as specified in Sec. 15.202 of this
chapter.
(iv) Transmitters operating under rules which require a station
license as subscribers permitted under Sec. 1.903 of this chapter and
operated under the authority of an operator license issued by the
Commission.
* * * * *
Sec. 2.1205 [Removed]
0
32. Remove Sec. 2.1205.
PART 15--RADIO FREQUENCY DEVICES
0
33. 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
34. Revise Sec. 15.1(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
35. Amend Sec. 15.19 by revising paragraph (a) and 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 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.
(b) [Reserved]
* * * * *
0
36. Revise Sec. 15.25(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 that are needed
for compliance with the
[[Page 50831]]
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 Supplier's Declaration of Conformity, 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 application for
certification. Those parts that are not normally furnished shall be
detailed in the application for certification.
* * * * *
0
37. Revise Sec. 15.27(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
38. Revise Sec. 15.29(d) to read as follows:
Sec. 15.29 Inspection by the Commission.
* * * * *
(d) The Commission, from time to time, may request the party
responsible for compliance, including an importer, to submit to the FCC
Laboratory in Columbia, Maryland, various equipment to determine that
the equipment continues to comply with the applicable standards.
Shipping costs to the Commission's Laboratory and return shall be borne
by the responsible party. Testing by the Commission will be performed
using the measurement procedure(s) that was in effect at the time the
equipment was authorized.
0
39. Amend Sec. 15.31 by adding Note 1 to paragraph (a)(4) and revising
paragraphs (b), (d), (f)(4), (h), (j), and (k) to read as follows:
Sec. 15.31 Measurement standards.
* * * * *
(a) * * *
(4) * * *
Note 1 to paragraph (a)(4): Digital devices tested to show
compliance with the provisions of Sec. 15.109(g)(2) must be tested
following the ANSI C63.4-2014 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
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 composite system, as defined in Sec. 2.947(f) of this
chapter, that 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
and an external or internal accessory(ies) (peripheral) 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
[[Page 50832]]
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 that 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 of
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 A internal peripheral(s)
installed but not active.
* * * * *
0
40. Revise Sec. 15.32 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
41. Revise Sec. 15.35 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 a limit on
the peak level of the radio frequency emissions. Unless otherwise
specified, e.g., see Sec. Sec. 15.250, 15.252, 15.253(d), 15.255,
15.256, and 15.509 through 15.519, 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, e.g., Sec. Sec. 15.255(b), and
15.256(l)(5), 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
42. Revise Sec. 15.37(c) to read as follows:
Sec. 15.37 Transition provisions for compliance with the rules.
* * * * *
(c) All radio frequency devices that are authorized on or after
July 12, 2004 under the certification, or Supplier's Declaration of
Conformity procedures (or the prior verification or declaration of
conformity procedures, as applicable) shall comply with the conducted
limits specified in Sec. 15.107 or Sec. 15.207 as appropriate. All
radio frequency devices that are manufactured or imported on or after
July 11, 2005 shall comply with the conducted limits specified in Sec.
15.107 or Sec. 15.207, as appropriate. Equipment authorized, imported
or manufactured prior to these dates shall comply with the conducted
limits specified in Sec. 15.107 or Sec. 15.207, as appropriate, or
with the conducted limits that were in effect immediately prior to
September 9, 2002.
* * * * *
0
43. Amend Sec. 15.38 by redesignating paragraphs (g)(1) and (2) as
paragraphs (g)(2) and (3) and adding new paragraph (g)(1) to read as
follows:
Sec. 15.38 Incorporation by reference.
* * * * *
(g) * * *
(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, IBR approved for Sec. 15.35(a).
* * * * *
0
44. Revise Sec. 15.101 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, pursuant to the procedures for certification
or Supplier's Declaration of Conformity (SDoC) given in subpart J of
part 2 of this chapter, as follows:
[[Page 50833]]
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
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 15..................... SDoC or Certification.
TV Interface Device........................................ SDoC or Certification.
Cable System Terminal Device............................... SDoC or Certification.
Stand-alone Cable input selector switch.................... SDoC or Certification.
Class B personal computers and peripherals................. SDoC or Certification.
CPU boards and internal power supplies used with Class B SDoC or Certification.
personal computers.
Class B personal computers assembled using authorized CPU SDoC or Certification.
boards or power supplies.
Class B external switching power supplies.................. SDoC or Certification.
Other Class B digital devices & peripherals................ SDoC or Certification.
Class A digital devices, peripherals & external switching SDoC or Certification.
power supplies.
Access Broadband over Power Line (Access BPL).............. Certification.
All other devices.......................................... SDoC or Certification.
----------------------------------------------------------------------------------------------------------------
(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. 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 Supplier's
Declaration of Conformity or a grant of certification;
(2) The personal computer is authorized under 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 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 Supplier's
Declaration of Conformity or a grant of certification; and
(4) Personal computers assembled using either of the methods
specified in paragraphs (c)(2) or (c)(3) of this section must, by
themselves, also be authorized under 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 Supplier's Declaration of Conformity, or a grant of
certification, as appropriate, prior to marketing. Regardless of the
provisions of paragraphs (a) or (c) of this section, if a CPU board,
power supply, or peripheral device will always be marketed with a
specific personal computer, it is not necessary to obtain a separate
authorization for that product provided the specific combination of
personal computer, peripheral device, CPU board and power supply has
been authorized under 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 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.
0
45. Revise Sec. 15.102(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 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
46. Revise Sec. 15.123(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
[[Page 50834]]
models of unidirectional digital cable products tested at a qualified
test facility for compliance with the procedures of Uni-Dir-PICS-I01-
030903: ``Uni-Directional Receiving Device: Conformance Checklist: PICS
Proforma,'' September 03, 2003 (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 paragraph
(c)(1) of this section. The manufacturer or importer shall ensure that
all subsequent models of unidirectional digital cable products comply
with the procedures in the Uni-Dir-PICS-I01-030903: ``Uni-Directional
Receiving Device: Conformance Checklist: PICS Proforma,'' September 03,
2003 (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
Supplier's Declaration of Conformity requirements in part 2, subpart J
of this chapter. The manufacturer or importer shall further submit
documentation demonstrating compliance with the procedures in the Uni-
Dir-PICS-I01-030903: ``Uni-Directional Receiving Device: Conformance
Checklist: PICS Proforma,'' September 03, 2003 (incorporated by
reference, see Sec. 15.38) to the qualified test facility.
* * * * *
(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-UDCP-PICS-
I04-080225, ``Uni-Directional Cable Product Supporting M-Card: Multiple
Profiles; Conformance Checklist: PICS,'' February 25, 2008
(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 paragraph (c)(5)(i) of this section. The
manufacturer or importer shall ensure that all subsequent models of M-
UDCPs comply with M-UDCP-PICS-I04-080225, ``Uni-Directional Cable
Product Supporting M-Card: Multiple Profiles; Conformance Checklist:
PICS,'' February 25, 2008 (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 Supplier's Declaration of Conformity 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-I04-080225, ``Uni-Directional
Cable Product Supporting M-Card: Multiple Profiles; Conformance
Checklist: PICS,'' February 25, 2008 (incorporated by reference, see
Sec. 15.38) to the qualified test facility.
* * * * *
0
47. Revise Sec. 15.201(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 are subject to
Suppliers Declaration of Conformity pursuant to the 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 Telecommunication
Certification Bodies 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.
* * * * *
0
48. Revise Sec. 15.615(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 not been subject to certification in the past, the Trade Name and
Model Number, as specified on the equipment label.
* * * * *
PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT
0
49. The authority citation for part 18 continues to read as follows:
Authority: 47 U.S.C. 4, 301, 302, 303, 304, 307.
0
50. Revise Sec. 18.203 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 the
certification procedure prior to use or marketing. An application for
certification shall be filed with a Telecommunication Certification
Body (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
51. Revise Sec. 18.209 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.
0
52. Revise Sec. 18.212 to read as follows:
Sec. 18.212 Compliance information.
(a) Equipment authorized under Supplier's Declaration of Conformity
shall include a compliance statement that contains the information set
forth in Sec. 2.1077 of this chapter and a statement identical or
similar to the following: ``This device complies with part 18 of the
FCC Rules.''
(b) The compliance information may be placed in the instruction
manual, on a separate sheet, on the packaging, or electronically as
permitted under Sec. 2.935 of this chapter. There is no specific
format for this information.
[[Page 50835]]
0
53. Revise Sec. 18.311 to read as follows:
Sec. 18.311 Methods of measurement.
The measurement techniques used to determine compliance with the
technical requirements of this part are set out in FCC MP-5, ``FCC
Methods of Measurements of Radio Noise Emissions from Industrial,
Scientific, and Medical equipment,'' or compliance measurements made in
accordance with the specific procedures otherwise authorized by the
Commission.
PART 73--RADIO BROADCAST SERVICES
0
54. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.
0
55. Amend Sec. 73.53 by:
0
a. Revising paragraphs (a) and (b)(10); and
0
b. Redesignating the Note following (b)(12)(viii) as Note 1 to
paragraph (b).
The revisions read as follows:
Sec. 73.53 Requirements for authorization of antenna monitors.
(a) Antenna monitors shall be approved with Supplier's Declaration
of Conformity that demonstrates compliance with the technical
requirements in this section. The procedure for Supplier's Declaration
of Conformity is specified in subpart J of part 2 of this chapter.
Note 1 to paragraph (a): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Antenna monitors
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 of this chapter.
(b) * * *
(10) Complete and correct schematic diagrams and operating
instructions shall be retained by the party responsible for Supplier's
Declaration of Conformity of the equipment and submitted to the FCC
upon request. For the purpose of equipment authorization, these
diagrams and instructions shall be considered as part of the monitor.
* * * * *
0
56. Amend Sec. 73.1660 by:
0
a. Revising paragraphs (a), (b) and (e); and
0
b. Removing ``part 2 of the FCC rules'' and adding in its place ``part
2 of this chapter'' in paragraph (d).
The revisions read as follows:
Sec. 73.1660 Acceptability of broadcast transmitters.
(a)(1) An AM, FM, or TV transmitter shall be approved for
compliance with the requirements of this part following the Supplier's
Declaration of Conformity procedures described in subpart J of part 2
of this chapter.
Note 1 to paragraph (a)(1): the verification procedure has been
replaced by Supplier's Declaration of Conformity. AM, FM, and TV
transmitters previously authorized under subpart J of part 2 of this
chapter may remain in use. See Sec. 2.950(j) of this chapter.
(2) An LPFM transmitter shall be certified for compliance with the
requirements of this part following the procedures described in part 2
of this chapter.
(b) A permittee or licensee planning to modify a transmitter which
has been certified or approved with Supplier's Declaration of
Conformity must follow the requirements contained in Sec. 73.1690.
* * * * *
(e) Additional rules covering certification and Supplier's
Declaration of Conformity, modification of authorized transmitters, and
withdrawal of a grant of authorization are contained in part 2 of this
chapter.
0
57. Amend Sec. 73.1665 by:
0
a. Designating the table following paragraph (b) as ``Table 1 to
paragraph (b)''; and
0
b. Revising paragraph (c).
The revision reads as follows:
Sec. 73.1665 Main transmitters.
* * * * *
(c) A licensee may, without further authority or notification to
the FCC, replace an existing main transmitter or install additional
main transmitter(s) for use with the authorized antenna if the
replacement or additional transmitter(s) has been approved with
Supplier's Declaration of Conformity. Within 10 days after commencement
of regular use of the replacement or additional transmitter(s),
equipment performance measurements, as prescribed for the type of
station are to be completed.
Note 1 to paragraph (c): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Transmitters
previously authorized under subpart J of this chapter may remain in
use. See Sec. 2.950 of this chapter.
Note 2 to paragraph (c): Pending the availability of AM
broadcast transmitters that are authorized for use in the 1605-1705
kHz band, transmitters that are approved or verified for use in the
535-1605 kHz band may be utilized in the 1605-1705 kHz band if it is
shown that the requirements of Sec. 73.44 have been met. Equipment
authorization for the transmitter will supersede the applicability
of this note.
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
58. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and
554.
0
59. Amend Sec. 74.535 by revising paragraph (d)(4) to read as follows:
Sec. 74.535 Emissions and bandwidth.
* * * * *
(d) * * *
(4) Stations licensed pursuant to an application filed before March
17, 2005, using equipment not conforming with the emission limitations
specified above, may continue to operate indefinitely in accordance
with the terms of their current authorizations, subject to periodic
renewal. existing equipment and equipment of product lines in
production before April 16, 2003, authorized via certification or
Declaration of Conformity before March 17, 2005, for equipment not
conforming to the emission limitations requirements specified above,
may continue to be manufactured and/or marketed, but may not be
authorized for use under a station license except at stations licensed
pursuant to an application filed before March 17, 2005. Any non-
conforming equipment authorized under a station license, and replaced
on or after March 17, 2005, must be replaced by conforming equipment.
Note 1 to paragraph (d)(4): the Declaration of Conformity
procedure has been replaced by the Supplier's Declaration of
Conformity procedure. See Sec. 2.950 of this chapter.
* * * * *
0
60. Section 74.550 is revised to read as follows:
Sec. 74.550 Equipment authorization.
Each authorization for aural broadcast STL, ICR, and booster
stations shall require the use of equipment which has received a grant
of certification or authorized under a Supplier's Declaration of
Conformity. Equipment which has not been approved under the equipment
authorization program and which was in service prior to July 1, 1993,
may be retained solely for temporary uses necessary to restore or
maintain regular service provided by approved equipment, because the
main or primary unit has failed or requires servicing. Such temporary
uses may not interfere with or impede the establishment of other aural
broadcast auxiliary links and may not occur during more than 720
cumulative hours per year. Should interference occur, the
[[Page 50836]]
licensee must take all steps necessary to eliminate it, up to and
including cessation of operation of the auxiliary transmitter. All
unapproved equipment retained for temporary use must have been in the
possession of the licensee prior to July 1, 1993, and may not be
obtained from other sources. Equipment designed exclusively for fixed
operation shall be authorized under Supplier's Declaration of
Conformity procedure. The equipment authorization procedures are
contained in subpart J of part 2 of this chapter.
Note 1 to Sec. 74.550: The Declaration of Conformity procedure
has been replaced by Supplier's Declaration of Conformity. Equipment
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 to this chapter.
Note 2 to Sec. 74.550: Consistent with the note to Sec.
74.502(a), grandfathered equipment in the 942-944 MHz band and STL/
ICR users of these frequencies in Puerto Rico are also required to
come into compliance by July 1, 1993. The backup provisions
described above apply to these stations also.
0
61. Amend Sec. 74.637 by:
0
a. Revising paragraph (c)(4); and
0
b. Designating the table following paragraph (g) as ``Table 1 to
paragraph (g)''.
The revision reads as follows:
Sec. 74.637 Emissions and emission limitations.
* * * * *
(c) * * *
(4) Stations licensed pursuant to an application filed before March
17, 2005, using equipment not conforming with the emission limitations
specified above, may continue to operate indefinitely in accordance
with the terms of their current authorizations, subject to periodic
renewal. Existing equipment and equipment of product lines in
production before April 16, 2003, authorized via certification or
Declaration of Conformity before March 17, 2005, for equipment not
conforming to the emission limitations requirements specified above,
may continue to be manufactured and/or marketed, but may not be
authorized for use under a station license except at stations licensed
pursuant to an application filed before March 17, 2005. Any non-
conforming equipment authorized under a station license, and replaced
on or after March 17, 2005, must be replaced by conforming equipment.
Note 1 to paragraph (c)(4): The Declaration of Conformity
procedure has been replaced by Supplier's Declaration of Conformity.
See Sec. 2.950 of this chapter.
* * * * *
0
62. Amend Sec. 74.655 by:
0
a. Revising paragraphs (a), (b), (d) and (f);
0
b. Removing ``part 2 of the FCC rules'' and adding in its place ``part
2 of this chapter'' in paragraph (c); and
0
c. Removing ``part 2 of the FCC rules and regulations'' and adding in
its place ``part 2 of this chapter'' in paragraph (e).
The revisions read as follows:
Sec. 74.655 Authorization of equipment.
(a) Except as provided in paragraph (b) of this section, all
transmitting equipment first marketed for use under this subpart or
placed into service after October 1, 1981, must be authorized under the
certification procedure or Declaration of Conformity procedure, as
detailed in paragraph (f) of this section. Equipment which is used at a
station licensed prior to October 1, 1985, which has not been
authorized as detailed in paragraph (f) of this section, may continue
to be used by the licensee or its successors or assignees, provided
that if operation of such equipment causes harmful interference due to
its failure to comply with the technical standards set forth in this
subpart, the FCC may, at its discretion, require the licensee to take
such corrective action as is necessary to eliminate the interference.
However, such equipment may not be further marketed or reused under
part 74 after October 1, 1985.
Note 1 to paragraph (a): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Equipment
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 of this chapter.
(b) Certification or Supplier's Declaration of Conformity is not
required for transmitters used in conjunction with TV pickup stations
operating with a peak output power not greater than 250 mW. Pickup
stations operating in excess of 250 mW licensed pursuant to
applications accepted for filing prior to October 1, 1980 may continue
operation subject to periodic renewal. If operation of such equipment
causes harmful interference the FCC may, at its discretion, require the
licensee to take such corrective action as is necessary to eliminate
the interference.
* * * * *
(d) Any manufacturer of a transmitter to be used in this service
may authorize the equipment under the certification or Supplier's
Declaration of Conformity procedures, as appropriate, following the
procedures set forth in subpart J of part 2 of this chapter.
* * * * *
(f) Transmitters designed to be used exclusively for a TV STL
station, a TV intercity relay station, a TV translator relay station,
or a TV microwave booster station, shall be authorized under Supplier's
Declaration of Conformity. All other transmitters will be authorized
under the certification procedure.
0
63. Amend Sec. 74.661 by:
0
a. Designating the table following the introductory text as ``Table 1
to Sec. 74.661'';
0
b. Revising footnote 2 to Table 1; and
0
c. Adding Note 1 to Sec. 74.661.
The revision and addition read as follows:
Sec. 74.661 Frequency tolerance.
* * * * *
\2\ Stations licensed pursuant to an application filed before March
17, 2005, for tolerance values exceeding those specified above, may
continue to operate indefinitely in accordance with the terms of their
current authorizations, subject to periodic renewal. Existing equipment
and equipment of product lines in production before April 16, 2003,
authorized via certification or Declaration of Conformity before March
17, 2005, for tolerance values exceeding those specified above, may
continue to be manufactured and/or marketed, but may not be authorized
for use under station license except at stations licensed pursuant to
an application filed before March 17, 2005. Any non-conforming
equipment authorized under a station license, and replaced on or after
March 17, 2005, must be replaced by conforming equipment.
Note 1 to Sec. 74.661: The Declaration of Conformity procedure
has been replaced by Supplier's Declaration of Conformity. See Sec.
2.950 of this chapter.
0
64. Amend Sec. 74.1250 by revising paragraph (a) and the introductory
text of paragraph (c) to read as follows:
Sec. 74.1250 Transmitters and associated equipment.
(a) FM translator and booster transmitting apparatus, and exciters
employed to provide a locally generated and modulated input signal to
translator and booster equipment, used by stations authorized under the
provisions of this subpart must be certified upon the request of any
manufacturer of transmitters in accordance with this section and
subpart J of part 2 of this chapter. In addition, FM translator and
booster stations may use FM broadcast transmitting apparatus authorized
via Supplier's Declaration of Conformity or approved under the
provisions of part 73 of this chapter.
Note 1 to paragraph (a): The Declaration of Conformity procedure
has been replaced by Supplier's Declaration of Conformity.
[[Page 50837]]
Equipment previously authorized under subpart J of part 2 of this
chapter may remain in use. See Sec. 2.950 of this chapter.
* * * * *
(c) The following requirements must be met before translator,
booster or exciter equipment will be certified in accordance with this
section:
* * * * *
PART 78--CABLE TELEVISION RELAY SERVICE
0
65. The authority citation for part 78 continues to read as follows:
Authority: 47 U.S.C. 2, 3, 4, 301, 303, 307, 308, 309, 48
Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085;
47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.
0
66. Amend Sec. 78.107 by revising the introductory text to paragraph
(a), and the introductory text to paragraph (a)(2) to read as follows:
Sec. 78.107 Equipment and installation.
(a) Applications for new cable television relay stations, other
than fixed stations, will not be accepted unless the equipment
specified therein has been certified in accordance with subpart J of
part 2 of this chapter. In the case of fixed stations, the equipment
must be authorized under Supplier's Declaration of Conformity for use
pursuant to the provisions of this subpart. Transmitters designed for
use in the 31.0 to 31.3 GHz band shall be authorized under Supplier's
Declaration of Conformity.
Note 1 to the introductory text to paragraph (a): The
verification procedure has been replaced by Supplier's Declaration
of Conformity. Equipment previously authorized under subpart J of
part 2 of this chapter may remain in use. See Sec. 2.950 of this
chapter.
* * * * *
(2) Neither certification nor Supplier's Declaration of Conformity
is required for the following transmitters:
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
0
67. The authority citation for part 80 continues to read as follows:
Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105,
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12
UST 2377.
0
68. Amend Sec. 80.203 by revising paragraphs (a), (f), (g), (l), and
(m)(2) to read as follows:
Sec. 80.203 Authorization of transmitters for licensing.
(a) Each transmitter authorized in a station in the maritime
services after September 30, 1986, except as indicated in paragraphs
(g), (h) and (i) of this section, must be certified by the Commission
for part 80 operations. The procedures for certification are contained
in part 2 of this chapter. Transmitters of a model that have received
equipment authorization before October 1, 1986 will be considered
acceptable for use in ship or coast stations as appropriate.
* * * * *
(f) Transmitters certified for single sideband suppressed carrier
radiotelephone transmissions may be used for facsimile transmissions
without filing for a certification modification provided the
transmitters retain certification and comply with the applicable
standards in this part.
(g) Manufacturers of ship earth station transmitters intended for
use in the INMARSAT space segment are subject to Supplier's Declaration
of Conformity pursuant to the procedures given in subpart J of part 2
of this chapter. Such equipment must be approved in accordance with the
technical requirements provided by INMARSAT and must be type approved
by INMARSAT for use in the INMARSAT space segment. The ship earth
station input/output parameters, the data obtained when the equipment
is integrated in system configuration and the pertinent method of test
procedures that are used for type approval of the station model which
are essential for the compatible operation of that station in the
INMARSAT space segment must be disclosed by the manufacturer upon
request of the FCC. Witnessing of the type approval tests and the
disclosure of the ship earth station equipment design or any other
information of a proprietary nature will be at the discretion of the
ship earth station manufacturer.
Note 1 to paragraph (g): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Equipment
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 of this chapter.
* * * * *
(l) Ship station transmitters may be certified for emissions not
shown in Sec. 80.205. However, such emissions are not authorized for
use in the United States or for communications with U.S. coast
stations.
(m) * * *
(2) A transmitter and any internal device capable of transmitting a
synthesized voice message must be certified as an integral unit.
* * * * *
0
69. Amend Sec. 80.1103 by revising paragraphs (a) and (c) to read as
follows:
Sec. 80.1103 Equipment authorization.
(a) All equipment specified in Sec. 80.1101 must be certified in
accordance with subpart J of part 2 of this chapter specifically for
GMDSS use, except for equipment used in the INMARSAT space segment
which must be type-approved by INMARSAT and are subject to Supplier's
Declaration of Conformity pursuant to the procedures in subpart J of
part 2 of this chapter specifically for GMDSS use. The technical
parameters of the equipment must conform to the performance standards
as specified in Sec. 80.1101. For emergency position-indicating
radiobeacons operating on 406.0-406.1 MHz (406.0-406.1 MHz EPIRBs) that
were authorized prior to April 15, 1992, and meet the requirements of
Sec. 80.1101, the manufacturer may attest by letter that the equipment
(indicate FCC ID#) meets the requirements of Sec. 80.1101 and request
that it be denoted as approved for GMDSS use.
* * * * *
(c) Applicants using Supplier's Declaration of Conformity must
attest that the equipment complies with performance standards as
specified in Sec. 80.1101 and, where applicable, that measurements
have been made that demonstrate the necessary compliance. Submission of
representative data demonstrating compliance is not required unless
requested by the Commission. An application must include the items
listed in Sec. Sec. 2.931 and 2.938 of this chapter and a copy of the
type-approval certification indicating that equipment meets GMDSS
standards and includes all peripheral equipment associated with the
specific unit under review.
Note 1 to paragraph (c): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Equipment
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 of this chapter.
* * * * *
PART 87--AVIATION SERVICES
0
70. The authority citation for part 87 continues to read as follows:
Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise
noted.
0
71. Amend Sec. 87.147 by revising paragraph (e) to read as follows:
[[Page 50838]]
Sec. 87.147 Authorization of equipment.
* * * * *
(e) Supplier's Declaration of Conformity for ELTs capable of
operating on the frequency 406.0-406.1 MHz must include sufficient
documentation to show that the ELT meets the requirements of Sec.
87.199(a). A letter notifying the FAA of the ELT Supplier's Declaration
of Conformity must be mailed to: FAA, Office of Spectrum Policy and
Management, ASR-1, 800 Independence Avenue SW., Washington, DC 20591.
Note 1 to paragraph (e): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Equipment
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 of this chapter.
* * * * *
0
72. Amend Sec. 87.199 by revising paragraphs (c) and (d) to read as
follows:
Sec. 87.199 Special requirements for 406.0-406.1 MHz ELTs.
* * * * *
(c) As part of its Supplier's Declaration of Conformity a 406.0-
406.1 MHz ELT, the ELT must be certified by a test facility recognized
by one of the COSPAS/SARSAT Partners that the equipment satisfies the
design characteristics associated with the COSPAS/SARSAT document
COSPAS/SARSAT 406 MHz Distress Beacon Type Approval Standard (C/S
T.007). Additionally, an independent test facility must certify that
the ELT complies with the electrical and environmental standards
associated with the RTCA Recommended Standards.
Note 1 to paragraph (c): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Equipment
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 of this chapter.
(d) The procedures for Supplier's Declaration of Conformity are
contained in subpart J of part 2 of this chapter.
* * * * *
PART 90--PRIVATE LAND MOBILE SERVICES
0
73. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
0
74. Amend Sec. 90.203 by:
0
a. Revising the introductory text of paragraph (a), and paragraphs (e)
and (g)(2);
0
b. Removing the phrase ``of the rules'' from paragraph (i);
0
c. Removing the phrase ``the Rules of'' from paragraph (j)(6)(ii); and
0
d. Revising paragraphs (j)(7) and (l).
The revisions read as follows:
Sec. 90.203 Certification required.
(a) Except as specified in paragraphs (b) and (l) of this section,
each transmitter utilized for operation under this part and each
transmitter marketed as set forth in Sec. 2.803 of this chapter must
be of a type which has been certified for use under this part.
* * * * *
(e) Except as provided in paragraph (g) of this section,
transmitters designed to operate above 25 MHz shall not be certified
for use under this part if the operator can program and transmit on
frequencies, other than those programmed by the manufacturer, service
or maintenance personnel, using the equipment's external operation
controls.
* * * * *
(g) * * *
(2) Requires the transmitter to be programmed for frequencies
through controls normally inaccessible to the operator; or
* * * * *
(j) * * *
(7) Transmitters designed only for one-way paging operations may be
certified with up to a 25 kHz bandwidth and are exempt from the
spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of
this section.
* * * * *
(l) Ocean buoy and wildlife tracking transmitters operating in the
band 40.66-40.70 MHz or 216-220 MHz under the provisions of Sec.
90.248 shall be authorized under Supplier's Declaration of Conformity
pursuant to subpart J of part 2 of this chapter.
Note 1 to paragraph (l): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Equipment
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 of this chapter.
* * * * *
PART 101--FIXED MICROWAVE SERVICES
0
75. The authority citation for part 101 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
76. Amend Sec. 101.139 by revising paragraphs (a), (b), (d), (e), and
(g)(1) to read as follows:
Sec. 101.139 Authorization of transmitters.
(a) Unless specified otherwise, transmitters used in the private
operational fixed and common carrier fixed point-to-point microwave and
point-to-multipoint services under this part must be a type that has
been approved for compliance under Supplier's Declaration of
Conformity.
Note 1 to paragraph (a): The verification procedure has been
replaced by Supplier's Declaration of Conformity. Equipment
previously authorized under subpart J of part 2 of this chapter may
remain in use. See Sec. 2.950 of this chapter.
(b) Any transmitter to be produced for use under the rules of this
part may be approved under the equipment authorization procedures set
forth in part 2 of this chapter.
* * * * *
(d) A transmitter presently shown on an instrument of
authorization, which operates on an assigned frequency in the 890-940
MHz band and has not received a grant of certification, may continue to
be used by the licensee without certification provided such transmitter
continues otherwise to comply with the applicable requirements of this
chapter.
(e) Certification or Supplier's Declaration of Conformity is not
required for portable transmitters operating with peak output power not
greater than 250 mW. If operation of such equipment causes harmful
interference the FCC may, at its discretion, require the licensee to
take such corrective action as is necessary to eliminate the
interference.
* * * * *
(g) * * *
(1) The 0.001% frequency tolerance requirement for digital systems
in Sec. 101.107(a) or the 0.03-0.003% frequency tolerance for analog
systems; and
* * * * *
[FR Doc. 2017-23217 Filed 11-1-17; 8:45 am]
BILLING CODE 6712-01-P