**DA 04-1705**

**June 15, 2004**

**OET Equipment Authorization System Upgrade**

**Permits Electronic Submittal of**

**Short-Term Confidentiality Requests**

An upgrade to the Office of Engineering and Technology's (OET) Equipment
Authorization System will be implemented effective 06/15/2004. This
upgrade will provide additional flexibility for electronic submittal of
requests for confidentiality of certain commercially sensitive
information that is submitted in conjunction with applications for
equipment authorization.

Pursuant to the provisions of Sections 0.457 and 0.459 of the
Commission's rules (47 CFR §§ 0.457, 0.459), the Office of Engineering
and Technology currently accepts requests to hold in confidence certain
attachments to the electronic Application for Equipment Authorization
(Form 731). These requests are granted indefinitely, and are strictly
reserved for limited types of technical information.

The new electronic process will include a provision for temporary
confidentiality for certain additional portions of an application for
equipment authorization. This will give manufacturers and distributors
the ability to import and/or distribute devices following equipment
authorization, while maintaining the confidentiality of detailed
technical information about the product prior to product launch.
Electronic submittal of a request for such confidentiality will ensure
expedited approval and will make it less burdensome for manufacturers
and distributors to comply with the marketing regulations in 47 CFR
§2.803 and the importation rules in 47 CFR §2.1204, while ensuring that
business sensitive information remains confidential until the actual
marketing of newly authorized devices. Such confidentiality will extend
for 45 days from the date of the Grant of Equipment Authorization, and,
absent any other action, the subject exhibits will be automatically
placed on the public database at the end of this period. However, if
prior to the expiration of the 45 day period, an applicant engages in
public marketing activities or otherwise publicizes a device for which
temporary confidential treatment has been granted, the applicant must
coincidentally notify the FCC or the TCB issuing the equipment
authorization so that the subject exhibits may be placed in the public
database immediately.

This limited confidentiality will be granted for the following exhibit
types when an applicant requests and justifies such confidentiality in
conjunction with the Form 731, or a TCB submits such information and
justification in conjunction with the TC Form 731: External Photos, Test
Setup Photos, Block Diagram, Schematics, User's Manual, Internal Photos,
Parts List / Tune-up Procedures, and Operational Description. Exhibits
containing certain types of technical information (e.g. Block diagram,
Schematics, Parts List / Tune up Procedures, and Operational
Description) that have heretofore been granted indefinite confidential
treatment will continue to be so treated upon request. The
confidentiality fee described in 47 CFR §1.1103 must be submitted with
the Form 731; however, only one confidentiality fee per FCCID is charged
regardless of the length of the confidentiality request.

If an applicant requires more than the original grant of confidentiality
of 45 days, the applicant can request an extension of the limited
confidentiality for an additional 45 days. To do so, the applicant must
notify the FCC, or the TCB that issued the grant, a minimum of 7
calendar days prior to the expiration of the original 45 day grant of
confidentiality.

The existing procedures for electronic requests for confidentiality for
an indefinite time period, based on the regulations in 47 CFR §0.459,
are unaffected by this upgrade, and applicants may continue to avail
themselves of this procedure.

Please direct any questions regarding the procedures for electronic
submittal for Short-Term Confidentiality to <eapninquiry@fcc.gov>.

**FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT**

Pursuant to the provisions of the Paperwork Reduction Act of 1995 (5 CFR
Section 1320), the information collection FCC Form 731 have been
approved under OMB Control Number 3060-0057, and for FCC Form 731-TC
under OMB Control Number 3060-0934. The estimated time per response for
3060-0057 (FCC Form 731) is 18 to 30 hours, and the estimated time per
response for 3060-0934 (FCC Form 731-TC) is 2 to 6 hours. The estimated
response burden(s) include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the required
data, and completing and reviewing the collection of information. If you
have any comments on the burden estimate(s), or how we can improve the
collection(s) and reduce the burden(s), please write to Les Smith,
Federal Communications Commission, Room 1-A804, 445 12^th^ Street, SW,
Washington, DC, 20554. Please include the OMB Control Number(s):
3060-0057 (FCC Form 731) and/or 3060-0934 (FCC Form 731-TC), in your
correspondence. We will also accept your comments regarding the
Paperwork Reduction Act aspects of the collection(s) via the Internet if
you send them to Leslie.Smith@fcc.gov or call (202) 418-0217. Do not
send completed forms to this address.

Under 5 CFR Section 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current valid control
number. No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
(PRA) that does not display a valid control number. The OMB Control
Number for FCC Form 731 is 3060-0057, and the OMB Control Number for FCC
Form 731-TC is 3060-0934.

THE FORGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995,
PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.