U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

113–280 

ENHANCE LABELING, ACCESSING, AND 

BRANDING OF ELECTRONIC LICENSES ACT 

OF 2014 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2583 

DECEMBER 1, 2014.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California JOHN THUNE, South Dakota 

BILL NELSON, Florida ROGER F. WICKER, Mississippi 

MARIA CANTWELL, Washington ROY BLUNT, Missouri 

MARK PRYOR, Arkansas MARCO RUBIO, Florida 

CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire 

AMY KLOBUCHAR , Minnesota DEAN HELLER, Nevada 

MARK BEGICH, Alaska DANIEL COATS, Indiana 

RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina 

BRIAN SCHATZ, Hawaii TED CRUZ, Texas 

ED MARKEY, Massachusetts DEB FISCHER, Nebraska 

CORY BOOKER, New Jersey RON JOHNSON, Wisconsin 

JOHN WALSH, Montana 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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113TH CONGRESS REPORT " ! SENATE 2d Session 113–280 

ENHANCE LABELING, ACCESSING, AND BRANDING OF 

ELECTRONIC LICENSES ACT OF 2014 

DECEMBER 1, 2014.— Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2583] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2583) to promote the non-exclusive 

use of electronic labeling for devices licensed by the Federal Communications Commission, having considered the same, reports favorably thereon without amendment and recommends that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of S. 2583, the Enhance Labeling, Accessing, and 

Branding of Electronic Licenses Act of 2014 (E-LABEL Act), as reported, is to promote the non-exclusive use of electronic labeling for 

certain radiofrequency devices licensed by the Federal Communications Commission (FCC). 

BACKGROUND AND NEEDS

Under various sections of the Communications Act of 1934 (47 

U.S.C. 151 et seq.), the FCC is responsible for authorizing the operation and sale of devices that emit radiofrequency energy (e.g., everything from smartphones to car door remote controls). This authorization process is one of the ways the FCC works to ensure 

that radiofrequency devices used in the United States operate effectively without creating harmful interference and otherwise comply 

with FCC rules. 

Electronic devices that emit radiofrequency energy have the potential to cause interference to radio communications and therefore 

must meet appropriate technical standards in order to comply with 

the FCC’s equipment authorization procedures. The FCC has several processes (certification, declarations of conformity, verification 


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by the FCC or a designated Telecommunications Certification 

Body) to assess and authorize these devices. Once a device has 

gone through the authorization process, FCC identification (FCC 

ID) numbers are generally assigned to that device to verify that an 

FCC grant of authorization has been obtained. Current FCC rules 

require manufacturers, with limited exceptions, to physically affix 

or etch a label with the FCC ID and other identifying information 

to the surface of these products. 

Equipment makers have argued that providing the option to display the FCC ID and other information electronically could make 

the manufacturing process easier, while preserving access to this 

information for device users. Equipment manufacturers also suggest that electronic labeling is less expensive and potentially could 

help them lower the costs of devices to consumers. The FCC’s Office of Engineering and Technology has acknowledged that certain 

devices have very small surface areas for an FCC ID label, or that 

when etched on the surface, the labeling may cause damage or require very expensive techniques. 

On July 11, 2014, the FCC issued non-codified industry guidance 

about the use of electronic labeling for certain radiofrequency devices. The FCC’s current labeling rules indicate that where it can 

be shown that a permanent label ‘‘is not desirable or feasible’’ an 

alternative method of labeling may be used with the FCC’s approval. The FCC’s new guidance describes and clarifies how devices 

with an integrated display screen can use electronic labeling as an 

alternative to a physical label or etching consistent with the exceptions already present in the FCC’s labeling rules. 

Even with this newly-issued guidance, there may still be uncertainty about the circumstances where it is appropriate for a manufacturer to use electronic labeling in place of a permanent label on 

the surface of a device. The FCC’s recent action also does not make 

any changes to its underlying labeling rules. S. 2583 would address 

this uncertainty and promote electronic labeling opportunities by 

directing the FCC to issue rules or take other appropriate action 

to allow manufacturers the option to provide required information 

on an electronic device’s display screen. 

LEGISLATIVE HISTORY

On July 10, 2014, Senator Fischer introduced S. 2583, the ELABEL Act. The bill is co-sponsored by Senator Rockefeller. The 

Committee held an Executive Session on September 17, 2014, during which S. 2583 was considered. The Committee, without objection, ordered S. 2583 reported favorably without amendment. 

ESTIMATED COSTS

In compliance with subsection (a)(3) of paragraph 11 of rule 

XXVI of the Standing Rules of the Senate, the Committee states 

that, in its opinion, it was necessary to dispense with the requirements of paragraphs (1) and (2) of that subsection in order to expedite the business of the Senate. 


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REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

The bill, as reported, will direct the FCC to issue formal rules 

or take other appropriate action to allow for electronic labeling of 

radiofrequency devices with display. Because S. 2583 does not create any new programs, the legislation will have no additional regulatory impact, and will result in no additional reporting requirements. It will have no effect on the number of individuals or businesses regulated or on the personal privacy of such persons. For 

manufacturers of radiofrequency devices with display, however, the 

costs of compliance with regulations and the amount of paperwork 

required for such compliance may be reduced. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

The short title is the ‘‘Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014’’ or the ‘‘E-LABEL Act’’. 

Section 2. Findings. 

This section would identify key findings of the bill concerning the 

history of FCC labeling rules, the challenges presented by the 

FCC’s current physical label and etching requirements, and the 

benefits of providing manufacturers with the option for electronic 

labeling of certain types of radio frequency devices. 

Section 3. Authorization for Federal Communications Commission 

to allow electronic labeling. 

This section would add a new section 720 to the Communications 

Act of 1934 that directs the FCC to promulgate regulations or take 

other appropriate action, as necessary, to allow manufacturers of 

radiofrequency devices with display the option to use electronic labeling in place of affixing physical labels to the equipment. The 

FCC would be required to take action within nine months of the 

date of enactment. 

This section would define the terms ‘‘electronic labeling’’ and ‘‘radiofrequency device with display.’’ ‘‘Electronic labeling’’ would mean 

displaying required labeling and regulatory information electronically. ‘‘Radiofrequency device with display’’ would mean any equipment or device that is required under regulations of the FCC to be 

authorized by the FCC before the equipment or device may be marketed or sold within the United States; and has the capability to 

digitally display required labeling and regulatory information. 


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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

COMMUNICATIONS ACT OF 1934 

TITLE VII. MISCELLANEOUS PROVISIONS

[47 U.S.C. 601 et seq.] 

SEC. 720. OPTIONAL ELECTRONIC LABELING OF COMMUNICATIONS 

EQUIPMENT. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘electronic labeling’’ means displaying required 

labeling and regulatory information electronically; and 

(2) the term ‘‘radiofrequency device with display’’ means any 

equipment or device that— 

(A) is required under regulations of the Commission to be 

authorized by the Commission before the equipment or device may be marketed or sold within the United States; and 

(B) has the capability to digitally display required labeling and regulatory information. 

(b) REQUIREMENT TO PROMULGATE REGULATIONS FOR ELECTRONIC LABELING.—Not later than 9 months after the date of enactment of the Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014, the Commission shall 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. 

Æ 


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