15180 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 

I. Public Participation 

How do I prepare and submit 

comments? 

Your comments must be written in 

English. To ensure that your comments 

are correctly filed in the docket, please 

include the docket number of this 

document in your comments. 

You may submit your comments via 

email to the email address listed above 

under ADDRESSES. Please include the 

docket number associated with this 

notice and the subject matter in the 

subject line of the email. Comments 

should be attached to the email as a 

Microsoft Word or text-searchable PDF 

document. Only non-confidential and 

public versions of confidential 

comments should be submitted by 

email. 

How do I submit confidential business 

information? 

The Commission will provide 

confidential treatment for identified 

confidential information to the extent 

allowed by law. If your comments 

contain confidential information, you 

must submit the following by email to 

the address listed above under 

ADDRESSES: 

• A transmittal letter requesting 

confidential treatment that identifies the 

specific information in the comments 

for which protection is sought and 

demonstrates that the information is a 

trade secret or other confidential 

research, development, or commercial 

information. 

• A confidential copy of your 

comments, consisting of the complete 

filing with a cover page marked 

‘‘Confidential-Restricted,’’ and the 

confidential material clearly marked on 

each page. You should submit the 

confidential copy to the Commission by 

mail. 

• A public version of your comments 

with the confidential information 

excluded. The public version must state 

‘‘Public Version—confidential materials 

excluded’’ on the cover page and on 

each affected page and must clearly 

indicate any information withheld. You 

may submit the public version to the 

Commission by email or mail. 

Will the Commission consider late 

comments? 

The Commission will consider all 

comments received before the close of 

business on the comment closing date 

indicated above under DATES. To the 

extent possible, we will also consider 

comments received after that date. 

How can I read comments submitted by 

other people? 

You may read the comments received 

by the Commission at the Commission’s 

Electronic Reading Room or the Docket 

Activity Library at the addresses listed 

above under ADDRESSES. 

II. Discussion 

On February 15, 2022, the 

Commission issued an Advance Notice 

of Proposed Rulemaking (ANPRM) on 

demurrage and detention billing 

requirements. 87 FR 8506. The ANPRM 

seeks comments on whether the 

Commission should require common 

carriers and marine terminal operators 

to include certain minimum information 

on or with demurrage and detention 

billings. Also, the Commission is 

interested in receiving comments on 

whether it should require common 

carriers and marine terminal operators 

to adhere to certain practices regarding 

the timing of demurrage and detention 

billings. 

On March 3, 2022, the Commission 

received a letter, attached, signed by 44 

associations requesting that the 

Commission extend the comment period 

by an additional 30 days. The 

associations stated that they ‘‘are in the 

process of surveying respective member 

companies to gather their experiences 

and document them in a manner that is 

most helpful to the FMC.’’ The letter 

furthers says that the extension would 

facilitate the associations’ efforts to 

collect information regarding the impact 

of demurrage and detention billing 

practices. 

This notice grants the request for an 

extension of the 30-day comment period 

by an additional 30 days. The comment 

period now expires on April 16, 2022. 

By the Commission. 

William Cody, 

Secretary. 

[FR Doc. 2022–05572 Filed 3–16–22; 8:45 am] 

BILLING CODE 6730–02–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, 68, and 73 

[ET Docket Nos. 21–363 and 19–48; FCC 

22–3; FR ID 75329] 

Updating References to Standards 

Related to the Commission’s 

Equipment Authorization Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) proposes targeted updates 

to its rules to incorporate new and 

updated standards that are integral to 

the testing of equipment and 

accreditation of laboratories that test RF 

devices. 

DATES: Comments are due on or before 

April 18, 2022. Reply comments are due 

on or before May 16, 2022. Written 

comments on the Paperwork Reduction 

Act proposed information collection 

requirements must be submitted by the 

public, Office of Management and 

Budget (OMB), and other interested 

parties on or before May 16, 2022. 

ADDRESSES: You may submit comments, 

identified by ET Docket No. 21–363, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

People With Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Brian Butler, Office of Engineering and 

Technology, 202–418–2702, 


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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 15181 

Brian.Butler@fcc.gov. For information 

regarding the PRA information 

collection requirements contained in 

this PRA, contact Nicole Ongele, Office 

of Managing Director, at (202) 418–2991 

or Nicole.Ongele@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), ET 

Docket No. 21–363, ET Docket No. 19– 

48, FCC 22–3, adopted on January 24, 

2022 and released on January 25, 2022. 

The full text of this document is 

available by downloading the text from 

the Commission’s website at: https://

www.fcc.gov/document/fcc-proposesupdates-standards-used-equipmentauthorization. When the FCC 

Headquarters reopens to the public, the 

full text of this document will also be 

available for public inspection and 

copying during regular business hours 

in the FCC Reference Center, 45 L Street 

NE, Washington, DC 20554. Alternative 

formats are available for people with 

disabilities (braille, large print, 

electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Consumer and Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (TTY). 

Comment Filing Procedures 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using the Commission’s 

Electronic Comment Filing System 

(ECFS). See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

Initial Paperwork Reduction Act of 

1995 Analysis 

This document contains proposed 

modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public and the Office of Management 

and Budget (OMB) to comment on the 

information collection requirements 

contained in this document, as required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we seek specific comment on how we 

might further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

Ex Parte Rules—Permit-But-Disclose 

The proceeding this proposed rule 

initiates shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules, 

47 CFR 1.1200 et seq. Persons making ex 

parte presentations must file a copy of 

any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Synopsis 

I. Background 

The Commission’s proposals are 

limited to the incorporation by reference 

of standards that are associated with 

equipment authorization and the 

recognition of Telecommunication 

Certification Bodies (TCBs). 

Incorporation by reference is the process 

that Federal agencies use when referring 

to materials published elsewhere to give 

those materials the same force and effect 

of law in the Code of Federal 

Regulations as if the materials’ text had 

actually been published in the Federal 

Register. 5 U.S.C. 552(a)(1) and Office of 

the Federal Register, IBR Handbook 1 

(July 2018), available at https://

www.archives.gov/files/federal-register/ 

write/handbook/ibr.pdf. By using 

incorporation by reference, the 

Commission gives effect to technical 

instructions, testing methodologies, and 

other process documents that are 

developed and owned by standards 

development organizations. Referencing 

these documents in the Commission’s 

rules substantially reduces the volume 

of material that would otherwise be 

published in the Federal Register and 

the Code of Federal Regulations. It also 

permits the Commission to more 

efficiently implement future standards 

updates. Once the Commission 

completes any necessary notice-andcomment rulemaking proceedings and 

applies agency expertise to ensure that 

any standards adopted are sound and 

appropriate, the Commission need only 

update the references to the standards in 

its rules. 

A. Equipment Authorization 

Section 302 of the Communications 

Act of 1934, as amended (the Act), 47 

U.S.C. 302a(a), authorizes the 

Commission to make reasonable 

regulations governing the interference 

potential of devices that emit RF energy 

and can cause harmful interference to 

radio communications. The Commission 

generally implements this authority by 

establishing technical rules for RF 

devices. Examples may be found in 47 

CFR parts 15, 22, 24, 27, and 90. One 

of the primary ways in which the 

Commission ensures compliance with 

the technical rules is through the 

equipment authorization program for RF 

devices, procedures for which are 

codified in part 2 of its rules. 47 CFR 

part 2 subpart J. The Office of 

Engineering and Technology (OET) 

administers the day-to-day operation of 

the equipment authorization program 

under authority delegated by the 

Commission. 47 CFR 0.241(b). 

Part 2 of the Commission’s rules 

provides two different approval 

procedures for RF devices subject to 

equipment authorization—certification 

and Supplier’s Declaration of 

Conformity (SDoC). 47 CFR 2.901. 

Certification is a more rigorous approval 

process for RF devices with the greatest 

potential to cause harmful interference 

to other radio operations. A grant of 

certification is an equipment 

authorization issued by an FCCrecognized TCB based on an evaluation 

of the supporting documentation and 

test data submitted to the TCB. 47 CFR 

2.907. SDoC allows a device to be 

marketed on the basis of testing 

performed in accordance with a 

Commission-approved methodology by 


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15182 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 

the manufacturer, assembler, importer, 

or seller itself without the need to 

submit an application to a TCB. 47 CFR 

2.906. While both processes involve 

laboratory testing to demonstrate 

compliance with Commission 

requirements, testing associated with 

certification must be performed by an 

FCC-recognized accredited testing 

laboratory. 47 CFR 2.948(a). 

Additionally, part 68 of the 

Commission’s rules sets forth 

requirements to ensure that terminal 

equipment can be connected to the 

telephone network without harming its 

functioning and for the compatibility of 

hearing aids and land-line telephones so 

as to ensure that, to the fullest extent 

made possible by technology and 

medical science, people with hearing 

loss have equal access to 

communications services. In furtherance 

of these goals, part 68 includes unique, 

but similar rules related to equipment 

approval, TCB review, and laboratory 

testing. 47 CFR part 68 subpart D. 

Standards 

The Commission’s equipment 

authorization rules, for example 47 CFR 

2.910, 2.950, and 15.38, incorporate by 

reference various standards that have 

been established by standards-setting 

bodies including, but not limited to, the 

American National Standards Institute, 

Accredited Standards Committee (ASC) 

C63, a standards organization that is 

responsible for developing 

electromagnetic compatibility (EMC) 

measurement standards and testing 

procedures; the International 

Organization for Standardization (ISO), 

an independent, non-governmental 

international organization that develops 

voluntary international standards; and 

the International Electrotechnical 

Commission (IEC) which develops 

international standards for all electrical, 

electronic, and related technologies. 

Incorporating external standards within 

the Commission’s rules has been a 

longstanding practice that reflects the 

Commission’s desire, where 

appropriate, to harmonize its rules with 

international standards and aligns the 

Commission’s rules with general federal 

agency guidance which urges 

government agencies to use industry 

developed standards rather than 

develop their own. OMB Circular A– 

119, Federal Participation in the 

Development and Use of Voluntary 

Consensus Standards and in Conformity 

Assessment Activities (updated Jan. 27, 

2016), available at https://

www.whitehouse.gov/omb/informationfor-agencies/circulars/. 

1. Measurement Standards and 

Laboratory Testing Procedures. 

Compliance testing is central to the 

equipment authorization program. 

Section 2.947 of the Commission’s rules 

requires test data be measured in 

accordance with one of three types of 

standards and measurement procedures, 

including those acceptable to the 

Commission and published by national 

engineering societies such as the 

Electronic Industries Association, the 

Institute of Electrical and Electronics 

Engineers, Inc., and the American 

National Standards Institute. 47 CFR 

2.947(a)(2). Accordingly, the 

Commission has incorporated by 

reference such standards into its rules 

when appropriate; use of these 

standards is intended to ensure the 

integrity of the measurement data 

associated with an equipment 

authorization. For example, certification 

applications for unlicensed part 15 

intentional radiators (47 CFR 15.3(o)) 

must include compliance measurement 

data that was obtained in accordance 

with the procedures specified in ANSI 

C63.10—2013, ‘‘American National 

Standard of Procedures for Compliance 

Testing of Unlicensed Wireless Devices’’ 

(C63.10). 47 CFR 2.1041(a) and 

15.31(a)(3). Other part 15 devices that 

are not designed to purposely transmit 

RF energy, unintentional radiators (47 

CFR 15.3(z)), must be tested under 

procedures specified in ANSI C63.4— 

2014: ‘‘American National Standard for 

Methods of Measurement of RadioNoise Emissions from Low-Voltage 

Electrical and Electronic Equipment in 

the Range of 9 kHz to 40 GHz’’ (C63.4). 

47 CFR 2.1041(a) and 15.31(a)(4). In 

addition to measurement procedures, 

portions of C63.4 specify particular 

requirements for the characteristics of 

test sites that are referenced in the 

Commission’s rules. 47 CFR 2.910(c)(1) 

and 2.948(d). Specifically, these ‘‘test 

site validation’’ requirements are 

premised on the assumption that an 

open area test site provides the best 

conditions for field strength 

measurements of radiated emissions and 

test sites other than open area 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. 47 

CFR 15.31(d). 

2. Accreditation Standards 

Compliance testing data associated 

with an application for certification 

must be obtained from a testing 

laboratory that has been accredited in 

accordance with the Commission’s 

rules. 47 CFR 2.948(a). Accreditation of 

test laboratories is currently based on 

the International Organization for 

Standardization/International 

Electrotechnical Commission (ISO/IEC) 

Standard 17025:2005(E), ‘‘General 

requirements for the competence of 

testing and calibration laboratories’’ 

(ISO 17025), and on the FCC 

requirements. 47 CFR 2.948(e). It is the 

responsibility of the accreditation body 

to review the qualifications of a test 

laboratory’s personnel, management 

systems, and record keeping and 

reporting practices; to send recognized 

experts to observe testing at the 

laboratory; and to verify the testing 

laboratory’s competence to perform tests 

in accordance with FCC-related 

measurement procedures. Section 2.949 

of the Commission’s rules sets forth the 

requirements for the recognition of 

laboratory accreditation bodies. An 

entity seeking to be recognized by the 

Commission as an accreditation body 

for test laboratories must demonstrate 

that it complies with applicable ISO and 

IEC standards for recognizing such 

bodies and that it is competent in 

assessing test laboratories to perform 

measurements in support of the 

applicable FCC technical regulations. 47 

CFR 2.949. The ISO/IEC standard 

currently used for recognizing 

accreditation bodies is ISO/IEC 

17011:2004(E), ‘‘Conformity 

assessment—General requirements for 

accreditation bodies accrediting 

conformity assessment bodies’’ 

(ISO:17011). 47 CFR 2.949(b)(1) and 

2.910(d)(1). 

II. Discussion 

In response to advancements in 

technologies and measurement 

capabilities, standards bodies 

periodically update their standards or 

adopt new standards to reflect best 

practices. The Commission’s proposals 

here are based on such developments, as 

further informed by petitions for 

rulemaking filed with the Commission. 

Specifically, the Commission addresses 

two petitions filed by ASC C63: One 

seeking to incorporate by reference into 

its rules a new standard pertaining to 

test site validation; and one proposing 

to incorporate by reference a newer 

version of a currently referenced 

standard that addresses a variety of 

compliance testing requirements. The 

Commission also clarifies the status of 

two standards on which OET previously 

sought comment. Office of Engineering 

and Technology Seeks Comment on 

Modifying the Equipment Authorization 

Rules to Reflect the Updated Versions of 

the Currently Referenced ANSI C63.4 

and ISO/IEC 17025 Standards, Public 

Notice, ET Docket No. 19–48, 34 FCC 


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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 15183 

Rcd 1904, 84 FR 20088 (May 8, 2019) 

(Standards Update Notice). The four 

standards subject to the NPRM 

proposals are briefly summarized in the 

table below. 

Standard Standard being 

replaced 

Proposed 

affected rule 

sections 

Summary of rationale for proposed change 

C63.25.1—2018 ..................................... N/A ........................

New standard 

2.910 

2.948 

Consolidates qualification and validation procedures for radiated test sites intended for use over various frequency 

ranges. The C63.25.1 standard included in this proposal covers 1 to 18 GHz. 

C63.10—2020 ........................................ C63.10—2013 ....... 15.31 

15.38 

Addresses changes in technology. 

ISO/IEC 17011:2017 .............................. 17011:2004 ........... 2.910 Provides more comprehensive requirements for accreditation 

bodies. 

2.948 

2.949 

2.950 

2.960 

68.160 

ISO/IEC 17025:2017 .............................. 17025:2005 ........... 2.910 Provides more comprehensive requirements for testing and 

calibration labs. 

2.948 

2.949 

2.962 

68.162 

A. ‘‘American National Standard 

Validation Methods for Radiated 

Emission Test Sites; 1 GHz to 18 GHz’’ 

(C63.25.1) 

On March 6, 2020, ASC C63 filed a 

petition for rulemaking requesting that 

the Commission incorporate by 

reference into the test site validation 

requirements of § 2.948(d) of the 

Commission’s rules the ANSI 

C63.25.1—2018 standard, titled 

‘‘American National Standard 

Validation Methods for Radiated 

Emission Test Sites; 1 GHz to 18 GHz’’ 

(C63.25.1). Petition of the American 

National Standards Institute, Accredited 

Standards Committee, C63 Requesting 

adoption of ANSI C63.25.1—2018 into 

the Commission’s part 2 rules for EMC 

test site validation from 1 GHz–18 GHz 

(filed March 6, 2020) https://

www.fcc.gov/ecfs/filing/ 

10306816406385 (C63.25.1 Petition). 

Under the Commission’s current rules, 

measurement facilities used to make 

radiated emission measurements from 

30 MHz to 1 GHz must comply with the 

site validation requirements in ANSI 

C63.4—2014 (clause 5.4.4), and, for 

radiated emission measurements from 1 

GHz to 40 GHz the site validation 

requirements in ANSI C63.4—2014 

(clause 5.5.1 a) 1)) apply. 47 CFR 

2.948(d). In the C63.25.1 Petition, ASC 

C63 asks the Commission to adopt the 

C63.25.1 standard as an additional 

option for test site validation of radiated 

emission measurements from 1 GHz to 

18 GHz. 

ASC C63 describes how the C63.25.1 

standard consolidates guidance from 

existing standards to provide test site 

validation procedures from 1 GHz to 18 

GHz while providing an additional 

testing methodology and states that it 

expects that future iterations of the 

standard will cover additional 

frequencies. For example, the C63.25.1 

standard includes a CISPR 16 technique 

known as the site voltage standing wave 

ratio (SVSWR) approach to validate test 

sites for frequencies above 1 GHz, which 

measures responses between antennas 

while varying their distances. C63.25.1 

also introduces the option of using a 

new effective test validation method 

called time domain site validation 

(TDSV), which ASC C63 says is not yet 

available or recognized in comparable 

international standards. ASC C63 states 

that while TDSV is similar to SVSWR, 

in that both measure responses between 

antennas, varying the distance between 

antennas is not necessary; thus, it 

asserts, the TDSV method provides a 

reduction in the sensitivity of test 

results caused by small test setup 

changes at higher frequencies where the 

associated wavelengths are relatively 

short. Overall, ASC C63 asserts that 

TDSV improves measurement 

repeatability, provides additional 

information on the test site, and 

‘‘reduces the sensitivity of the test 

results caused by small test setup 

changes due to statistical post 

processing incorporated in the TDSV 

method,’’ while requiring less time to 

perform the validation. In short, ASC 

C63 has described reasons why, even 

though both SVSWR and TDSV use the 

same acceptance criterion, parties might 

want to use the TDSV method. 

In consideration of ASC C63’s request, 

the Commission proposes to incorporate 

ANSI C63.25.1—2018 into its rules, and 

to allow this standard to be used for test 

site validation of radiated emission 

measurements from 1 GHz to 18 GHz. 

The Commission tentatively concludes 

that the availability of this additional 

option would provide useful options 

and potential benefits in site validation 

testing, particularly considering that 

parties could continue to use the 

procedures currently described in the 

Commission’s rules if they chose to do 

so. If the Commission adopts this 

proposal, it tentatively concludes that it 

is appropriate to incorporate the entire 

standard by reference. However, the 

Commission asks whether any 

procedures or techniques included in 

ANSI C63.25.1—2018 would not be 

appropriate for use in the context of 

demonstrating compliance with the 

Commission’s equipment authorization 

rules. Commenters in this regard should 

provide details of their concerns and 

specifically cite any rule sections for 

which the new standard may be 

problematic. Additionally, for which 

other Commission rules would a 

reference to ANSI C63.25.1—2018 be 

appropriate? Because the Commission is 

proposing to incorporate ANSI 

C63.25.1—2018 as an option to an 

already existing requirement, the 

Commission tentatively concludes that 

there is no need to designate a transition 

period. The Commission seeks comment 

on these tentative conclusions. 


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B. ‘‘American National Standard of 

Procedures for Compliance Testing of 

Unlicensed Wireless Devices’’ (ANSI 

C63.10) 

On February 4, 2021, the Commission 

received a petition from ASC C63 

requesting that it incorporate by 

reference ANSI C63.10—2020 

‘‘American National Standard of 

Procedures for Compliance Testing of 

Unlicensed Wireless Devices’’ into the 

rules. Petition of the American National 

Standards Institute, Accredited 

Standards Committee, C63 Requesting 

adoption of ANSI C63.10—2020 into the 

parts 2 and 15 Rules for Compliance 

Testing Of Unlicensed Radio Devices 

(filed February 4, 2021). https://

www.fcc.gov/ecfs/filing/ 

10204284915782 (C63.10 Petition). This 

standard, which was approved by ANSI 

on September 10, 2020, updates the 

measurement procedures set forth in 

ANSI C63.10—2013, which is currently 

referenced in 47 CFR 2.910(c)(2), 

2.950(g), and 15.38(g)(3). The standard 

addresses ‘‘the procedures for testing 

the compliance of a wide variety of 

unlicensed wireless transmitters . . . 

including, but not limited to, remote 

control and security unlicensed wireless 

devices, frequency hopping and direct 

sequence spread spectrum devices, antipilferage devices, cordless telephones, 

medical unlicensed wireless devices, 

[U–NII] devices, intrusion detectors, 

unlicensed wireless devices operating 

on frequencies below 30 MHz, 

automatic vehicle identification 

systems, and other unlicensed wireless 

devices authorized by a radio regulatory 

authority.’’ Daniel Hoolihan, The 

American National Standards 

Committee on EMC—C63®—An Update 

on Recent Standards Development 

Activities (June 30, 2021), https://

incompliancemag.com/article/theamerican-national-standardscommittee-on-emc-c63/. 

Specifically, this recent version of the 

standard includes the following changes 

and updates: 

• Frequency hopping spread 

spectrum procedures were updated to 

ensure complete on and off times are 

correctly considered; 

• Digital transmission system (DTS) 

and unlicensed national information 

infrastructure (U–NII) device procedures 

were updated to align with the latest 

FCC KDB guidance; 

• Millimeter wave measurement 

procedures were updated; 

• TV White Space test methods were 

added to the standard; 

• Pulse desensitization 

considerations for frequency-modulated 

continuous wave (FMCW) type signals 

are now addressed by the standard; 

• Procedures were added for wireless 

power transfer (WPT) devices that 

transmit information on the charging 

frequency; 

• Measurement procedures were 

generally updated to allow for more 

accurate analyzer sweep time settings 

where ‘‘auto’’ was previously required; 

• Editorial corrections/updates were 

made; 

• Requirements for including spectral 

plots were added; and 

• An informative annex was included 

to provide an overview of dynamic 

frequency selection (DFS) for U–NII 

devices. 

In light of ASC C63’s request, the 

Commission proposes to incorporate 

ANSI C63.10—2020 into its rules to 

replace existing references to ANSI 

C63.10—2013. The Commission 

tentatively concludes that it is 

appropriate to simply replace the 

existing standard references with 

references to the new standard, subject 

to an appropriate transition period. Are 

there any procedures or techniques 

included in ANSI C63.10—2020 that 

would not be appropriate for use in the 

context of demonstrating compliance 

with the Commission’s equipment 

authorization rules? Commenters in this 

regard should provide details of their 

concerns and specifically cite any rule 

sections for which the new standard 

may be problematic. Would a transition 

period during which either version of 

ANSI C63.10 could be used remedy 

these concerns? If so, what time period 

would be appropriate, and should it 

generally apply to all rules affected by 

the new reference? Noting that testing 

laboratories are re-accredited every two 

years per 47 CFR 2.948(e), would a twoyear transition be appropriate or would 

a shorter period be sufficient? 

Additionally, which, if any, of the 

Commission rules that do not currently 

reference ANSI C63.10—2013 should 

reference ANSI C63.10—2020? 

C. ‘‘Conformity assessment— 

Requirements for accreditation bodies 

accrediting conformity assessment 

bodies’’ (ISO/IEC 17011) 

Applications for RF devices that are 

subject to the certification requirements 

of part 2 of the Commission’s rules must 

be filed with, and approved by, an 

accredited TCB. 47 CFR 2.907, 2.960(b). 

Additionally, terminal equipment 

intended for connection to the public 

switched telephone network must be 

subject to certification by a TCB or the 

Supplier’s Declaration of Conformity 

procedures as set forth in part 68 of the 

Commission’s rules. 47 CFR 

68.201.Testing laboratories that provide 

compliance measurement data 

associated with part 2 certification 

applications also must be accredited. 47 

CFR 2.948(a). In these instances, TCBs 

and testing laboratories are accredited 

by a ‘‘conformity assessment body,’’ that 

meets the requirements and conditions 

of ISO/IEC 17011:2004 ‘‘Conformity 

assessment—Requirements for 

accreditation bodies accrediting 

conformity assessment bodies.’’ 47 CFR 

2.960 and 2.949. ISO/IEC 17011:2004 

was incorporated into the Commission’s 

rules in 2014. See FCC Modifies 

Equipment Authorization Rules, ET 

Docket No. 13–44, Report and Order, 29 

FCC Rcd 16335, 16356–58, paras. 50–53; 

80 FR 33425, 33430–31 (June 12, 2015). 

A new version of this standard, ISO/IEC 

17011:2017, was published in 

November 2017. The revisions to the 

standard incorporate changes related to 

alignment with the International 

Organization for Standardization’s 

Committee on Conformity Assessment 

(CASCO) common structure for 

standards and incorporation of CASCO 

common elements in clauses on 

impartiality, confidentiality, complaints 

and appeal, and management system; 

recognition of proficiency testing as an 

accreditation activity; addition of new 

definitions; introduction of the concept 

of risk; and incorporation of competence 

criteria in the document, including an 

informative annex on knowledge and 

skills. See International Organization for 

Standardization, ISO/IEC 

17011:2004(E): Conformity 

assessment—General requirements for 

accreditation bodies accrediting 

conformity assessment bodies, First 

Edition, (September 2004); International 

Organization for Standardization, ISO/ 

IEC 17011:2017: Conformity 

assessment—Requirements for 

accreditation bodies accrediting 

conformity assessment bodies, Second 

Edition (November 2017). The 

Commission proposes to replace the 

references to ISO/IEC 17011:2004(E) in 

47 CFR 2.910, 2.948, 2.949, 2.950, 2.960, 

and 68.160 with references to ISO/IEC 

17011:2017(E), subject to a reasonable 

transition period. Commenters with 

concerns related to updating any of 

these references should specifically cite 

any rule sections for which the updated 

standard may be problematic or portions 

of ISO/IEC 17011:2017(E) that should be 

excluded from the updated 

incorporation by reference and provide 

alternatives or a detailed explanation of 

their concerns. To ensure adequate time 

for the transition, the Commission 

proposes a two-year transition period 

during which both versions of ISO/IEC 


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17011 could be used. Is this time period 

sufficient and, if not, what would be an 

appropriate timeframe? 

D. Other Standards 

1. 2019 Public Notice 

In April of 2019, OET sought 

comment on updating the Commission’s 

rules to reflect recent changes to two 

standards: ISO/IEC 17025:2017(E) 

‘‘General requirements for the 

competence of testing and calibration 

laboratories’’ and ANSI C63.4a—2017 

‘‘American National Standard for 

Methods of Measurement of RadioNoise Emissions from Low-Voltage 

Electrical and Electronic Equipment in 

the Range of 9 kHz to 40 GHz, 

Amendment 1: Test Site Validation.’’ In 

opening up the instant docket, we seek 

a fresh record on these matters, as set 

forth in the proposals that we lay out in 

detail below. Accordingly, we are 

terminating the docket that the 

Standards Update Notice had opened 

(i.e., ET Docket No. 19–48). 

a. ‘‘General Requirements for the 

Competence of Testing and Calibration 

Laboratories’’ (ISO/IEC 17025) 

Measurement data intended to 

demonstrate compliance with certain 

Commission requirements must be 

obtained from an accredited testing 

laboratory. 47 CFR 2.948(a). Currently, 

47 CFR 2.910, 2.948, 2.949, 2.962, and 

68.162 reference ISO/IEC 17025:2005(E) 

for the requirements related to test 

laboratory accreditation. Laboratory 

accreditation bodies assess a variety of 

aspects of a laboratory, including the 

technical competence of staff; the 

validity and appropriateness of test 

methods; traceability of measurements 

and calibration to national standards; 

suitability, calibration, and maintenance 

of the testing environment; sampling, 

handling, and transportation of test 

items; and quality assurance of test and 

calibration data. In November 2017, 

ISO/IEC published ISO/IEC 

17025:2017(E)—a new version of the 

test laboratory accreditation standard 

currently referenced in the 

Commission’s rules. In addition to 

adding a definition of ‘‘laboratory,’’ the 

new version replaces certain 

prescriptive requirements with 

performance-based requirements and 

allows for greater flexibility in satisfying 

the standard’s requirements for 

processes, procedures, documented 

information, and organizational 

responsibilities. 

Standards Update Notice, 34 FCC Rcd 

at 1905 and n.8 (citing ISO/IEC 17025 

General requirements for the 

competence of testing and calibration 

laboratories, ISO (2017), available at 

https://www.ukas.com/download/ 

brochures/ISO-17025-Brochure_EN_

FINAL.pdf). 

In the Standards Update Notice, OET 

proposed to update the Commission’s 

rules by replacing references to ISO/IEC 

17025:2005(E) with references to ISO/ 

IEC 17025:2017(E). All comments 

received were supportive of this 

updated reference. ANSI ASC C63, 

while supportive, stated that ‘‘ASC C63 

also supports the transition period (two 

years are remaining) to the mandatory 

use of ISO/IEC 17025:2017; provided 

however, that the FCC only accept test 

lab accreditations for labs that meet the 

requirements of Clause 8.1—Option A of 

the standard, and that such 

accreditations explicitly state that the 

test lab is accredited only in accordance 

with Option A.’’ Reply Comments of 

ASC C63, ET Docket No. 19–48, at 2. 

The Commission proposes to 

incorporate by reference into its rules 

ISO/IEC 17025:2017 in its entirety, 

including Clause 8.1—Option A and 

Option B and update 47 CFR 

68.162(d)(1) to correct typographical 

errors in the reference of two standards: 

ISO/IEC 17065 and ISO/IEC 17025. No 

other party has raised concerns with the 

availability of two options and ASC C63 

did not provide detailed rationale to 

support their request to incorporate only 

Option A. In fact, Annex B of ISO/IEC 

17025:2017 states that ‘‘[b]oth options 

are intended to achieve the same result 

in the performance of the management 

system and compliance with clauses 4 

to 7.’’ It is the Commission’s 

understanding that Option B would 

allow laboratories to operate a quality 

management system that conforms to a 

certain standard from the International 

Organization for Standardization (i.e., 

ISO 9001) and that Option A of ISO/IEC 

17025:2017 incorporates relevant 

requirements of that same standard. 

OET believes that Option A is more 

commonly used but Option B is 

available because some organizations 

have implemented an ISO 9001 system 

and would not need to take additional 

actions to demonstrate compliance. 

International Organization for 

Standardization, ISO/IEC 17025:2017: 

General requirements for the 

competence of testing and calibration 

laboratories at Appendix B, Third 

Edition (November 2017). Accordingly, 

the Commission tentatively concludes 

that the flexibility of both options 

would enable entities who have already 

implemented a quality management 

system that would satisfy Option B to 

avoid the need to take further steps to 

demonstrate compliance and it seeks 

comment on this tentative conclusion 

and on any concerns with providing 

both options. 

While both ISO/IEC 17025:2005(E) 

and ISO/IEC 17025:2017(E) were 

considered valid during the transition 

period in effect at the time of the 

Standards Update PN, accreditations to 

ISO/IEC 17025:2005(E) became invalid 

after June 1, 2021. In the Standards 

Update PN, OET proposed to adopt a 

three-year transition period for use of 

the proposed updated standard. In 

consideration of the time that has 

passed since publication of the 

Standards Update PN, combined with 

the facts that the Commission’s rules 

require test laboratories to complete the 

accreditation process every two years 

(47 CFR 2.948(e)) and that the prior 

standard has since become invalid 

within the standards body, the 

Commission proposes a two-year 

transition period for compliance with 

ISO/IEC 17025:2017(E). The 

Commission seeks comment on the 

duration of this proposed transition 

period and how it should be reflected in 

any transition plans that it adopts. 

b. ‘‘Addendum to the 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, Amendment 1: Test Site 

Validation’’ (ANSI C63.4a—2017) 

In late 2017, ASC C63 published 

ANSI C63.4a—2017 ‘‘Addendum to the 

American National Standard for 

Methods of Measurement of RadioNoise Emissions from Low-Voltage 

Electrical and Electronic Equipment in 

the Range of 9 kHz to 40 GHz, 

Amendment 1: Test Site Validation’’ 

(ANSI C63.4a—2017). ASC C63 

requested that we incorporate by 

reference in the Commission’s rules 

ANSI C63.4a—2017 to replace the 

existing 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 C63.4). ASC C63 

originally filed comments in ET Docket 

No. 15–170, which were subsequently 

moved into ET Docket No 19–48. The 

Commission’s rules reference ANSI 63.4 

as an electromagnetic compatibility 

(EMC) measurement standard for 

unintentional radiators. 47 CFR 2.910, 

2.948, 2.950, 15.31, 15.35, and 15.38. As 

described in ASC C63’s filing, the 

standard was updated to resolve certain 

normalized site attenuation issues 

(including the measurement of 

equipment under test that exceeds 2 

meters in height) and make a variety of 

corrections, clarifications, and 


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modifications. In the Standards Update 

Notice, OET sought comment on 

incorporating by reference ANSI 

C63.4a—2017 in the appropriate rules. 

Standards Update Notice at 1904–05. 

Some commenters supported 

incorporation of the amended standard. 

However, the Commission received 

several negative comments, generally 

citing costs associated with the 

procedure and stating that there were no 

problems with existing procedures that 

warrant adopting an alternative 

procedure. Further, the Commission 

indicates its understanding that ASC 

C63 has made substantial progress 

toward addressing these and other 

controversial issues in a pending 

modification. Based on the comments 

received and the potential development 

of an additional modification to the 

standard, the Commission tentatively 

concludes that ANSI C63.4 continues to 

sufficiently address current needs and 

that incorporation by reference of ANSI 

C63.4a—2017 into its rules is not 

warranted at this time. The Commission 

seeks comment on this tentative 

conclusion. 

2. Additional Updates: ‘‘Calibration and 

Testing Laboratory Accreditation 

Systems—General Requirements for 

Operation and Recognition’’ (ISO/IEC 

Guide 58:1993(E)); ‘‘General 

Requirements for Assessment and 

Accreditation of Certification/ 

Registration Bodies’’ (ISO/IEC Guide 

61:1996(E)); and ‘‘General Requirements 

for Bodies Operating Product 

Certification Systems’’ (ISO/IEC Guide 

65:1996(E)) 

The Commission notes that its part 2 

rules incorporate several references that 

have become outdated as a result of 

prior updates to standards that were 

phased in over specific transition 

periods. 47 CFR 2.910 and 2.950. Once 

the transition period passed, the newer 

standards became the only valid 

procedure for compliance with the 

Commission’s rules, rendering the prior 

references no longer relevant. 

Accordingly, the Commission proposes 

to delete from § 2.910 of the 

Commission’s rules references to: ISO/ 

IEC Guide 58:1993(E), ‘‘Calibration and 

testing laboratory accreditation 

systems—General requirements for 

operation and recognition,’’ First 

Edition 1993; ISO/IEC Guide 61:1996(E), 

‘‘General requirements for assessment 

and accreditation of certification/ 

registration bodies,’’ First Edition 1996; 

and (6) ISO/IEC Guide 65:1996(E), 

‘‘General requirements for bodies 

operating product certification 

systems.’’ The Commission also 

proposes to delete the related transition 

periods provided in § 2.950. 47 CFR 

2.910(d)4 through 6 and 47 CFR 2.950 

(b), (c) and (d). Additionally, the 

Commission also proposes to make 

administrative changes to its rules to 

reflect any necessary changes to rule 

cross references that would result from 

the proposed rule changes. 

The Commission seeks comment on 

whether there are additional conforming 

or administrative updates to its t rules 

that should be considered. Additionally, 

the Commission asks what other rule 

modifications, including updating other 

standards currently referenced in the 

rules or incorporating by reference 

additional standards not currently 

referenced in the rules, would be 

necessary to give full effect to its 

proposals? Because the standardssetting process is marked by ongoing 

work to create, review, and update 

standards, the Commission recognizes 

that the proposals are part of a larger 

and continuing effort to ensure that its 

rules incorporate appropriate standards 

and reflect relevant standards updates. 

Commission staff actively monitor the 

work of standards development 

organizations, and the Commission is 

aware that additional standards relevant 

to the telecommunications sector are in 

various stages of drafting, voting, and 

publication. While such developments 

may warrant the Commission’s 

consideration in the future, it is not 

seeking comment on such standards 

within this Notice of Proposed 

Rulemaking. 

III. Incorporation by Reference 

Sections 2.910 and 2.948 of the 

proposed rules provide for an additional 

standard (‘‘American National Standard 

Validation Methods for Radiated 

Emission Test Sites; 1 GHz to 18 GHz’’ 

(ANSI C63.25.1)) that would be used for 

test site validation of radiated emission 

measurements from 1 GHz to 18 GHz. 

Sections 15.31 and 15.38 of the 

proposed rules provide for a standard 

(‘‘American National Standard of 

Procedures for Compliance Testing of 

Unlicensed Wireless Devices’’ (ANSI 

C63.10)) that would update existing 

procedures for testing the compliance of 

a wide variety of unlicensed wireless 

transmitters. Sections 2.910, 2.948, 

2.949, 2.950, 2.960, and 68.160 provide 

for a standard (‘‘Conformity 

assessment—Requirements for 

accreditation bodies accrediting 

conformity assessment bodies’’ (ISO/IEC 

17011)) that would update requirements 

and conditions for conformity 

assessment bodies that accredit TCBs 

and testing laboratories. Sections 2.910, 

2.948, 2.949, 2.962, and 68.62 provide a 

standard (‘‘General requirements for the 

competence of testing and calibration 

laboratories’’ (ISO/IEC 17025)) that 

would replace certain prescriptive 

requirements with performance-based 

requirements for test laboratory 

accreditation. The OFR has regulations 

concerning incorporation by reference. 1 

CFR part 51. These regulations require 

that, for a proposed rule, agencies must 

discuss in the preamble to the proposed 

rule the way in which materials that the 

agency incorporates by reference are 

reasonably available to interested 

parties, and how interested parties can 

obtain the materials. Additionally, the 

preamble to the proposed rule must 

summarize the material. 1 CFR 51.5(a). 

In accordance with the OFR’s 

requirements, the discussion in section 

II.A. of this preamble summarizes the 

provisions of ANSI C63.25.1—2018. 

Interested persons may purchase a copy 

of ANSI C63.25.1 from the sources 

provided in 47 CFR 2.910. A copy of the 

standard may also be inspected at the 

FCC’s main office. The discussion in 

section II.B. of this preamble 

summarizes the provisions of ANSI 

C63.10—2020. Interested persons may 

purchase a copy of ANSI C63.10—2018 

from the sources provided in 47 CFR 

2.910. A copy of the standard may also 

be inspected at the FCC’s main office. 

The discussion in section II.C. of this 

preamble summarizes the provisions of 

ISO/IEC 17011:2017(E). Interested 

persons may purchase a copy of ISO/IEC 

17011:2017(E) from the sources 

provided in 47 CFR 2.910. A copy of the 

standard may also be inspected at the 

FCC’s main office. The discussion in 

sections I.A.1. and II.D.1.a of this 

preamble summarizes the provisions of 

ISO/IEC 17025:2005(E). Interested 

persons may purchase a copy of ISO/IEC 

17025:2005(E) from the sources 

provided in 47 CFR 2.910. A copy of the 

standard may also be inspected at the 

FCC’s main office. The discussion in 

section II.D.1.a. of this preamble 

summarizes the provisions of ISO/IEC 

17025:2017(E). Interested persons may 

purchase a copy of ISO/IEC 

17011:2017(E) from the sources 

provided in 47 CFR 2.910. A copy of the 

standard may also be inspected at the 

FCC’s main office. 

IV. Procedural Matters 

Initial Regulatory Flexibility Analysis. 

As required by the Regulatory 

Flexibility Act of 1980 (RFA) (see 5 

U.S.C. 603), as amended (RFA), the 

Commission has prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

of the possible significant economic 

impact on a substantial number of small 

entities of the proposals addressed in 

this Notice of Proposed Rulemaking. 


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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 15187 

The IRFA is found in Appendix B. 

Written public comments are requested 

on the IRFA. These comments must be 

filed in accordance with the same filing 

deadlines for comments on the Notice of 

Proposed Rulemaking, and they should 

have a separate and distinct heading 

designating them as responses to the 

IRFA. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, will send a copy of 

this Notice of Proposed Rulemaking, 

including the IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration, in accordance 

with the RFA. See 5 U.S.C. 603(a). 

Paperwork Reduction Act. This 

document contains proposed modified 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

the Office of Management and Budget 

(OMB) to comment on the information 

collection requirements contained in 

this document, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we seek specific comment on how we 

might further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

Ex Parte Rules—Permit but Disclose. 

Pursuant to § 1.1200(a) of the 

Commission’s rules, (47 CFR 1.1200(a)) 

this Notice of Proposed Rulemaking 

shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

47 CFR 1.1200 et seq. Persons making ex 

parte presentations must file a copy of 

any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

List of Subjects 

47 CFR Parts 2, and 68 

Communications equipment, 

Incorporation by reference, Reporting 

and recordkeeping requirements, 

Telecommunications. 

47 CFR Part 15 

Communications equipment, 

Incorporation by reference, Reporting 

and recordkeeping requirements. 

47 CFR Part 73 

Communications equipment, 

Reporting and recordkeeping 

requirements, Telecommunications. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

parts 2, 15, 68, and 73 as follows: 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, and 

336. 

■ 2. Revise § 2.910 to read as follows: 

§ 2.910 Incorporation by Reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. To enforce 

any edition other than that specified in 

this section, the Federal 

Communications Commission (FCC) 

must publish a document in the Federal 

Register and the material must be 

available to the public. All approved 

material is available for inspection at 

the FCC and at the National Archives 

and Records Administration (NARA). 

Contact FCC at the address indicated in 

47 CFR 0.401(a), tel: (202) 418–0270. 

For information on the availability of 

this material at NARA, email: 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. The material may be 

obtained from the following source(s): 

(a) International Electrotechnical 

Commission (IEC), IEC Central Office, 3, 

rue de Varembe, CH–1211 Geneva 20, 

Switzerland; email: inmail@iec.ch; 

website: www.iec.ch. 

(1) CISPR 16–1–4:2010–04: 

‘‘Specification for radio disturbance and 

immunity measuring apparatus and 

methods—Part 1–4: Radio disturbance 

and immunity measuring apparatus— 

Antennas and test sites for radiated 

disturbance measurements’’, Edition 

3.0, 2010–04; IBR approved for 

§ 2.948(d). 

(2) [Reserved] 

(b) Institute of Electrical and 

Electronic Engineers (IEEE), 2001 L 

Street NW, Suite 700, Washington, DC 

20036–4910, tel: +1 800 701 IEEE (USA 

and Canada), +1 732 981 0060 

(Worldwide), email: stds-info@ieee.org; 

website: www.ieee.org. 

(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 § 2.948(d). 

(2) ANSI C63.25.1—2018, ‘‘American 

National Standard Validation Methods 

for Radiated Emission Test Sites, 1 GHz 

to 18 GHz’’, ANSI approved December 

17, 2018; IBR approved for § 2.948(d). 

(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 § 2.1041(b). 

(c) International Organization for 

Standardization (ISO), 1, ch. De la VoieCreuse, CP 56, CH–1211, Geneva 20, 

Switzerland; tel.: + 41 22 749 01 11; fax: 

+ 41 22 733 34 30; email: central@

iso.org; website: www.iso.org. 

(1) ISO/IEC 17011:2004(E), 

‘‘Conformity assessment—General 

requirements for accreditation bodies 

accrediting conformity assessment 

bodies’’, First Edition, 2004–09–01; IBR 

approved for §§ 2.948(e); 2.949(b); 

2.950(a); 2.960(c). 

(2) ISO/IEC 17011:2017(E), 

‘‘Conformity assessment—Requirements 

for accreditation bodies accrediting 


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conformity assessment bodies’’, Second 

Edition, November 2017; IBR approved 

for §§ 2.948(e); 2.949(b); 2.950(a); 

2.960(c). 

(3) ISO/IEC 17025:2005(E), ‘‘General 

requirements for the competence of 

testing and calibration laboratories’’, 

Second Edition, 2005–05–15; IBR 

approved for §§ 2.948(e); 2.949(b); 

2.950(b); 2.962(c) and (d). 

(4) ISO/IEC 17025:2017, ‘‘General 

requirements for the competence of 

testing and calibration laboratories’’, 

Third Edition, November 2017; IBR 

approved for §§ 2.948(e); 2.949(b); 

2.950(b); 2.962(c) and (d). 

(5) ISO/IEC 17065:2012(E), 

‘‘Conformity assessment—Requirements 

for bodies certifying products, processes 

and services’’, First Edition, 2012–09– 

15; IBR approved for §§ 2.960(b); 

2.962(b), (c), (d), (f), and (g). 

Note 1 to § 2.910: The standard(s) listed in 

paragraph (b) of this section may also be 

obtained through the IEEE Standards 

Association Standards Store: P.O. Box 95715, 

Chicago, IL 60694–5715; website: 

www.techstreet.com/ieee. 

Note 2 to § 2.910: The standard(s) listed in 

paragraphs (b) and (c) of this section may 

also be obtained from the American National 

Standards Institute (ANSI) through its NSSN 

operation (www.nssn.org), at Customer 

Service, American National Standards 

Institute, 25 West 43rd Street, New York, NY 

10036, phone: (212) 642–4900. 

■ 3. Amend § 2.948 by revising 

paragraph (d) to read as follows: 

§ 2.948 Measurement facilities. 

* * * * * 

(d) When the measurement method 

used requires the testing of radiated 

emissions on a validated test site, the 

site attenuation must comply with the 

requirements of sections 5.4.4 through 

5.5 of the following procedure: ANSI 

C63.4 (incorporated by reference, see 

§ 2.910). Measurement facilities used to 

make radiated emission measurements 

from 30 MHz to 1 GHz must comply 

with the site validation requirements in 

ANSI C63.4 (clause 5.4.4); for radiated 

emission measurements from 1 GHz to 

18 GHz must comply with either the site 

validation requirement of ANSI 

C63.25.1 or ANSI C63.4 (clause 5.5.1 a) 

1)), such that the site validation criteria 

called out in CISPR 16–1–4 

(incorporated by reference, see § 2.910) 

is met; for radiated emission 

measurements from 18 GHz to 40 GHz 

must comply with the site validation 

requirement of ANSI C63.4 (clause 5.5.1 

a) 1)), such that the site validation 

criteria called out in CISPR 16–1–4 

(incorporated by reference, see § 2.910) 

is met. Test site revalidation must occur 

on an interval not to exceed three years. 

* * * * * 

■ 4. Revise § 2.950 to read as follows: 

§ 2.950 Transition periods. 

(a) Prior to [DATE 2 YEARS AFTER 

EFFECTIVE DATE OF FINAL RULE], an 

organization accrediting the prospective 

accredited testing laboratory must be 

capable of meeting the requirements and 

conditions of ISO/IEC 17011:2004 

(incorporated by reference, see § 2.910) 

or ISO/IEC 17011:2017 (incorporated by 

reference, see § 2.910). On or after 

[DATE 2 YEARS AFTER EFFECTIVE 

DATE OF FINAL RULE], an 

organization accrediting the prospective 

accredited testing laboratory must be 

capable of meeting the requirements and 

conditions of ISO/IEC 17011:2017 

(incorporated by reference, see § 2.910). 

(b) Prior to [DATE 2 YEARS AFTER 

EFFECTIVE DATE OF FINAL RULE], an 

organization accrediting the prospective 

accredited testing laboratory must be 

capable of meeting the requirements and 

conditions of ISO/IEC 17025:2005 

(incorporated by reference, see § 2.910) 

or ISO/IEC 17025:2017 (incorporated by 

reference, see § 2.910). On or after 

[DATE 2 YEARS AFTER EFFECTIVE 

DATE OF FINAL RULE], an 

organization accrediting the prospective 

accredited testing laboratory must be 

capable of meeting the requirements and 

conditions of ISO/IEC 17025:2017 

(incorporated by reference, see § 2.910). 

(c) 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 

after November 2, 2018, the 

requirements associated with the 

Supplier’s Declaration of Conformity 

apply. 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 5. 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. 

■ 6. Amend § 15.31 by revising 

paragraph (a)(3) to read as follows: 

§ 15.31 Measurement standards. 

(a) * * * 

(3) Other intentional radiators must be 

measured for compliance using the 

following procedure: ANSI C63.10 

(incorporated by reference, see § 15.38). 

* * * * * 

■ 7. Amend § 15.37 by adding paragraph 

(r) to read as follows: 

§ 15.37 Transition provisions for 

compliance with this part. 

* * * * * 

(r) Prior to [DATE 2 YEARS AFTER 

EFFECTIVE DATE OF FINAL RULE], 

measurements for intentional radiators 

subject to § 15.31(a)(3) must be made 

using the procedures in ANSI C63.10— 

2013 or ANSI C63.10—2020 

(incorporated by reference, see 

§ 15.31(a)(3)). On or after [DATE 2 

YEARS AFTER EFFECTIVE DATE OF 

FINAL RULE], measurements for 

intentional radiators subject to this part 

15 must be made using the procedures 

in ANSI C63.10—2020 (incorporated by 

reference, see § 15.31(a)(3)). 

■ 8. Amend § 15.38 as follows: 

■ a. Throughout the section, 

■ i. By removing the text ‘‘The following 

documents are available from the 

following address:’’ wherever it appears; 

■ ii. By removing the text ‘‘The 

following document is available from 

the’’ in paragraph (e); and 

■ iii. By removing the text ‘‘The 

following documents are available from 

the following address:’’ in paragraph (h); 

■ b. By revising paragraphs (a) and (g). 

The revisions read as follows: 

§ 15.38 Incorporation by Reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. To enforce 

any edition other than that specified in 

this section, the Federal 

Communications Commission (FCC) 

must publish a document in the Federal 

Register and the material must be 

available to the public. All approved 

material is available for inspection at 

the FCC and at the National Archives 

and Records Administration (NARA). 

Contact FCC at the address indicated in 

47 CFR 0.401(a), Tel: (202) 418–0270. 

For information on the availability of 

this material at NARA, email: 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. The material may be 

obtained from the source(s) in the 

following paragraph(s) of this section. 

* * * * * 

(g) Institute of Electrical and 

Electronic Engineers (IEEE), 2001 L 

Street NW, Suite 700, Washington, DC 

20036–4910, tel: +1 800 701 IEEE (USA 

and Canada), +1 732 981 0060 

(Worldwide), email: stds-info@ieee.org; 

website: www.ieee.org. 

(1) ANSI C63.4—2014: ‘‘American 

National Standard for Methods of 

Measurement of Radio-Noise Emissions 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 15189 

from Low-Voltage Electrical and 

Electronic Equipment in the Range of 9 

kHz to 40 GHz’’ ’ ANSI approved June 

13, 2014; IBR approved for §§ 15.31(a); 

15.35(a). 

(2) ANSI C63.10—2013, ‘‘American 

National Standard of Procedures for 

Compliance Testing of Unlicensed 

Wireless Devices’’, ANSI approved June 

27, 2013; IBR approved for §§ 15.31(a); 

15.37(r) . 

(3) ANSI C63.10—2020, ‘‘American 

National Standard of Procedures for 

Compliance Testing of Unlicensed 

Wireless Devices’’, ANSI approved 

January 29, 2021; IBR approved for 

§§ 15.31(a); 15.37(r). 

* * * * * 

Note 1 to § 15.38: The standard(s) listed in 

paragraph (g) of this section may also be 

obtained through IEEE Standards Association 

Store: P.O. Box 95715, Chicago, IL 60694– 

5715; website: www.techstreet.com/ieee. 

PART 68—CONNECTION OF 

TERMINAL EQUIPMENT TO THE 

TELEPHONE NETWORK 

■ 9. The authority citation for part 68 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, and 610. 

■ 10. Amend § 68.160 by revising 

paragraphs (c)(1) and (d) to read as 

follows: 

§ 68.160 Designation of 

Telecommunication Certification Bodies 

(TCBs). 

* * * * * 

(c) * * * 

(1) Prior to [DATE 2 YEARS AFTER 

EFFECTIVE DATE OF FINAL RULE], 

the organization accrediting the 

prospective telecommunication 

certification body must be capable of 

meeting the requirements and 

conditions of ISO/IEC 17011:2014 or 

ISO/IEC 17011:2017. On or after [DATE 

2 YEARS AFTER EFFECTIVE DATE OF 

FINAL RULE], the organization 

accrediting the prospective 

telecommunication certification body 

must be capable of meeting the 

requirements and conditions of ISO/IEC 

17011:2017. 

* * * * * 

(d) Incorporation by reference. The 

material listed in this paragraph (d) is 

incorporated by reference into this 

section with the approval of the Director 

of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

To enforce any edition other than that 

specified in this section, the Federal 

Communications Commission (FCC) 

must publish a document in the Federal 

Register and the material must be 

available to the public. All approved 

material is available for inspection at 

the FCC and at the National Archives 

and Records Administration (NARA). 

Contact FCC at the address indicated in 

47 CFR 0.401(a), Tel: (202) 418–0270. 

For information on the availability of 

this material at NARA, email: 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. The material may be 

obtained from the following source(s) in 

this paragraph (d): 

(1) International Organization for 

Standardization (ISO), 1, ch. De la VoieCreuse, CP 56, CH–1211, Geneva 20, 

Switzerland; www.iso.org; Tel.: + 41 22 

749 01 11; Fax: + 41 22 733 34 30; 

email: central@iso.org. 

(i) ISO/IEC 17011:2004(E), 

‘‘Conformity assessment—General 

requirements for accreditation bodies 

accrediting conformity assessment 

bodies,’’ First Edition, 2004–09–01. 

(ii) ISO/IEC 17011:2017(E), 

‘‘Conformity assessment—Requirements 

for accreditation bodies accrediting 

conformity assessment bodies,’’ Second 

Edition, November 2017. 

(iii) ISO/IEC 17065:2012(E), 

‘‘Conformity assessment—Requirements 

for bodies certifying products, processes 

and services,’’ First Edition, 2012–09– 

15. 

(2) [Reserved] 

Note 1 to paragraph (d): The standard(s) 

listed in paragraph (d)(1) of this section are 

also available from {1} International 

Electrotechnical Commission (IEC) Central 

Office, 3, rue de Varembe, CH–1211 Geneva 

20, Switzerland; email: inmail@iec.ch; 

website: www.iec.ch; and {2} American 

National Standards Institute (ANSI) through 

its NSSN operation (www.nssn.org), 

Customer Service, American National 

Standards Institute, 25 West 43rd Street, New 

York, NY 10036; telephone: (212) 642–4900. 

■ 11. Amend § 68.162 by revising 

paragraphs (d)(1) and (i) to read as 

follows: 

§ 68.162 Requirements for 

Telecommunication Certification Bodies. 

* * * * * 

(d) * * * 

(1) In accordance with the provisions 

of ISO/IEC 17065 the evaluation of a 

product, or a portion thereof, may be 

performed by bodies that meet the 

applicable requirements of ISO/IEC 

17025 and ISO/IEC 17065, in 

accordance with the applicable 

provisions of ISO/IEC 17065, for 

external resources (outsourcing) and 

other relevant standards. Evaluation is 

the selection of applicable requirements 

and the determination that those 

requirements are met. Evaluation may 

be performed by using internal TCB 

resources or external (outsourced) 

resources. 

* * * * * 

(i) Incorporation by reference. The 

material listed in this paragraph (i) is 

incorporated by reference into this 

section with the approval of the Director 

of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

To enforce any edition other than that 

specified in this section, the Federal 

Communications Commission (FCC) 

must publish a document in the Federal 

Register and the material must be 

available to the public. All approved 

material is available for inspection at 

the FCC and at the National Archives 

and Records Administration (NARA). 

Contact FCC at the address indicated in 

47 CFR 0.401(a), Tel: (202) 418–0270. 

For information on the availability of 

this material at NARA, email: 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. The material may be 

obtained from the following source(s) in 

this paragraph (i): 

(1) International Organization for 

Standardization (ISO), 1, ch. De la VoieCreuse, CP 56, CH–1211, Geneva 20, 

Switzerland; www.iso.org; Tel.: + 41 22 

749 01 11; Fax: + 41 22 733 34 30; 

email: central@iso.org. 

(i) ISO/IEC 17025:2017, ‘‘General 

requirements for the competence of 

testing and calibration laboratories,’’ 

Third Edition, November 2017. 

(ii) ISO/IEC 17065:2012(E), 

‘‘Conformity assessment—Requirements 

for bodies certifying products, processes 

and services,’’ First Edition, 2012–09– 

15. 

(2) [Reserved] 

Note 1 to paragraph (i): The standard(s) 

listed in paragraph (i)(1) of this section are 

also available from {1} International 

Electrotechnical Commission (IEC) Central 

Office, 3, rue de Varembe, CH–1211 Geneva 

20, Switzerland; email: inmail@iec.ch; 

website: www.iec.ch; and {2} American 

National Standards Institute (ANSI) through 

its NSSN operation (www.nssn.org), 

Customer Service, American National 

Standards Institute, 25 West 43rd Street, New 

York, NY 10036; telephone: (212) 642–4900. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
15190 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 

PART 73—RADIO BROADCAST 

SERVICES 

■ 12. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 13. Amend § 73.1660 by revising Note 

1 to paragraph (a)(1) to read as follows: 

§ 73.1660 Acceptability of broadcast 

transmitters. 

* * * * * 

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 § 2.950 of this chapter. 

* * * * * 

[FR Doc. 2022–05190 Filed 3–16–22; 8:45 am] 

BILLING CODE 6712–01–P 


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