50820 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 

applicable attainment date pursuant to 

section 181(b)(2)(A). 

Subpart V—Maryland 

■ 3. In § 52.1082, paragraph (j) is added 

to read as follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(j) Based upon EPA’s review of the air 

quality data for the 3-year period 2013 

to 2015, Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE marginal 

ozone nonattainment area has attained 

the 2008 8-hour ozone national ambient 

air quality standard (NAAQS) by the 

applicable attainment date of July 20, 

2016. Therefore, EPA has met the 

requirement pursuant to CAA section 

181(b)(2)(A) to determine, based on the 

area’s air quality as of the attainment 

date, whether the area attained the 

standard. EPA also determined that the 

Philadelphia-Wilmington-Atlantic City, 

PA-NJ-MD-DE marginal ozone 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date pursuant to 

section 181(b)(2)(A). 

Subpart FF—New Jersey 

■ 4. In § 52.1576, paragraph (d) is added 

to read as follows: 

§ 52.1576 Determinations of attainment. 

* * * * * 

(d) Based upon EPA’s review of the 

air quality data for the 3-year period 

2013 to 2015, Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE marginal 

ozone nonattainment area has attained 

the 2008 8-hour ozone national ambient 

air quality standard (NAAQS) by the 

applicable attainment date of July 20, 

2016. Therefore, EPA has met the 

requirement pursuant to CAA section 

181(b)(2)(A) to determine, based on the 

area’s air quality as of the attainment 

date, whether the area attained the 

standard. EPA also determined that the 

Philadelphia-Wilmington-Atlantic City, 

PA-NJ-MD-DE marginal ozone 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date pursuant to 

section 181(b)(2)(A). 

Subpart NN—Pennsylvania 

■ 5. In § 52.2056, paragraph (o) is added 

to read as follows: 

§ 52.2056 Determinations of attainment. 

* * * * * 

(o) Based upon EPA’s review of the air 

quality data for the 3-year period 2013 

to 2015, Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE marginal 

ozone nonattainment area has attained 

the 2008 8-hour ozone national ambient 

air quality standard (NAAQS) by the 

applicable attainment date of July 20, 

2016. Therefore, EPA has met the 

requirement pursuant to CAA section 

181(b)(2)(A) to determine, based on the 

area’s air quality as of the attainment 

date, whether the area attained the 

standard. EPA also determined that the 

Philadelphia-Wilmington-Atlantic City, 

PA-NJ-MD-DE marginal ozone 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date pursuant to 

section 181(b)(2)(A). 

[FR Doc. 2017–23226 Filed 11–1–17; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

Brian.Butler@fcc.gov, 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 

Nicole.Ongele@fcc.gov. 

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 

fcc504@fcc.gov 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 


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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 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 selfapproval 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 

§§ 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 (ELABEL Act), the Commission adopted 

new rules to will codify its existing 

electronic labeling procedures. The ELABEL 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 


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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 plugins 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 ELABEL 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, noninterference 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 


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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 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 §§ 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 § 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 

§ 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 

§ 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 § 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 § 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 


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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 

§§ 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 

§§ 15.31(a)(3) and (a)(4) and, in the case 

of § 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 §§ 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 §§ 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 §§ 15.31(h) and 15.31(k). 

35. ANSI C63.26 (Compliance Testing 

for Licensed Radio Services). The 

Commission amended §§ 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 §§ 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 § 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 § 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 § 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. 


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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 

■ 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. 

■ 2. Revise § 2.803(b)(2) to read as 

follows: 

§ 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 

* * * * * 

■ 3. Revise § 2.901 to read as follows: 

§ 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. 

§ 2.902 [Removed] 

■ 4. Remove § 2.902. 

■ 5. Revise § 2.906 to read as follows: 

§ 2.906 Supplier’s Declaration of 

Conformity. 

(a) Supplier’s Declaration of 

Conformity (SDoC) is a procedure where 

the responsible party, as defined in 

§ 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 § 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 § 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. 

■ 6. Revise § 2.909 to read as follows: 

§ 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 § 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 § 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 


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50826 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 

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 

§ 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. 

■ 7. Amend § 2.910 as follows: 

■ a. In the introductory text of 

paragraph (c), remove ‘‘ISO’’ and add in 

its place ‘‘IEEE’’; 

■ b. In paragraph (c)(1)(i), remove the 

last ‘‘and’’; and 

■ c. Add paragraph (c)(3). 

The addition reads as follows: 

§ 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 § 2.1041(b). 

* * * * * 

■ 8. Amend § 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: 

§ 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 

§ 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 

§ 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. 

* * * * * 

■ 9. Revise § 2.926(e) to read as follows: 

§ 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 

§ 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 § 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. 

■ 10. Amend § 2.927 by revising the 

section heading and paragraph (a) to 

read as follows: 

§ 2.927 Limitations on grants. 

(a) A grant of certification is valid 

only when the device is labeled in 

accordance with § 2.925 and remains 

effective until set aside, revoked or 

withdrawn, rescinded, surrendered, or a 

termination date is otherwise 

established by the Commission. 

* * * * * 

■ 11. Revise § 2.931 to read as follows: 

§ 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, 


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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 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. 

■ 12. Add § 2.935 to read as follows: 

§ 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. 

■ 13. Revise § 2.938 to read as follows: 

§ 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 § 2.931. 

(2) A record of the procedures used 

for production inspection and testing to 

ensure conformance with the standards 

and the requirements of § 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 

§ 2.909; and 

(11) A copy of the compliance 

information, as described in § 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 


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50828 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 

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. 

■ 14. Amend § 2.945 by revising 

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

follows: 

§ 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 § 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 

§ 1.80 of this chapter. The Commission 

may consider extensions of time upon 

submission of a showing of good cause. 

* * * * * 

■ 15. Amend § 2.947 by revising 

paragraphs (a)(3) and (c), and adding 

paragraphs (f) and (g), to read as follows: 

§ 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. 

■ 16. Amend § 2.948 by revising 

paragraph (a), the introductory text of 

paragraph (b), and paragraphs (b)(3) and 

(e) to read as follows: 

§ 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 § 2.910). 

The organization accrediting the 

laboratory must be recognized by the 

Commission’s Office of Engineering and 

Technology, as indicated in § 0.241 of 

this chapter, to perform such 

accreditation based on International 

Standard ISO/IEC 17011 (incorporated 

by reference, see § 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. 

* * * * * 

■ 17. Amend § 2.950 by adding 

paragraphs (i) and (j) to read as follows: 

§ 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 


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after November 2, 2018, the 

requirements associated with the 

Supplier’s Declaration of Conformity 

will apply. 

Undesignated Center Heading 

‘‘Verification’’ [Removed] 

■ 18. Remove the undesignated center 

heading ‘‘Verification’’. 

§§ 2.951 through 2.955 [Removed] 

■ 19. Remove §§ 2.951 through 2.955. 

■ 20. Revise § 2.1041 to read as follows: 

§ 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 §§ 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 § 2.910) are acceptable for 

performing compliance measurements 

for equipment types covered by the 

measurement standard. See also § 2.947 

for acceptable measurement procedures. 

Undesignated Center Heading 

‘‘Declaration of Conformity’’ [Revised] 

■ 21. Revise the undesignated center 

heading ‘‘Declaration of Conformity’’ to 

read ‘‘Supplier’s Declaration of 

Conformity’’. 

■ 22. Revise § 2.1071 to read as follows: 

§ 2.1071 Cross reference. 

The general provisions of this subpart 

shall apply to equipment subject to 

Supplier’s Declaration of Conformity. 

■ 23. Revise § 2.1072 read as follows: 

§ 2.1072 Limitation on Supplier’s 

Declaration of Conformity. 

(a) Supplier’s Declaration of 

Conformity signifies that the responsible 

party, as defined in § 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 § 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 § 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. 

§ 2.1073 [Removed] 

■ 24. Remove § 2.1073. 

■ 25. Revise § 2.1074 to read as follows: 

§ 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 § 2.1077. 

§ 2.1075 [Removed] 

■ 26. Remove § 2.1075. 

■ 27. Revise § 2.1077 to read as follows: 

§ 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 

§ 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 § 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 § 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 § 2.935. 

■ 28. Revise § 2.1201(b) to read as 

follows: 

§ 2.1201 Purpose. 

* * * * * 

(b) The rules in this subpart set out 

the conditions under which radio 

frequency devices as defined in § 2.801 

that are capable of causing harmful 


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interference to radio communications 

may be imported into the U.S.A. 

* * * * * 

■ 29. Revise § 2.1202 to read as follows: 

§ 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 

§ 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 reimported 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 § 15.3(r) of this 

chapter and all devices that, by 

themselves, are subject to FCC 

marketing rules. 

■ 30. Revise § 2.1203 to read as follows: 

§ 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 § 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 § 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. 

■ 31. Revise § 2.1204(a)(4)(i) through 

(iii) and (a)(7) to read as follows: 

§ 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 § 15.202 

of this chapter. 

(iv) Transmitters operating under 

rules which require a station license as 

subscribers permitted under § 1.903 of 

this chapter and operated under the 

authority of an operator license issued 

by the Commission. 

* * * * * 

§ 2.1205 [Removed] 

■ 32. Remove § 2.1205. 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 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. 

■ 34. Revise § 15.1(c) to read as follows: 

§ 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. 

■ 35. Amend § 15.19 by revising 

paragraph (a) and removing and 

reserving paragraph (b) to read as 

follows: 

§ 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] 

* * * * * 

■ 36. Revise § 15.25(b) and (c) to read as 

follows: 

§ 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 


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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. 

* * * * * 

■ 37. Revise § 15.27(a) to read as 

follows: 

§ 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 § 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. 

* * * * * 

■ 38. Revise § 15.29(d) to read as 

follows: 

§ 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. 

■ 39. Amend § 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: 

§ 15.31 Measurement standards. 

* * * * * 

(a) * * * 

(4) * * * 

Note 1 to paragraph (a)(4): Digital devices 

tested to show compliance with the 

provisions of § 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 

§ 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 


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50832 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 

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 § 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. 

* * * * * 

■ 40. Revise § 15.32 to read as follows: 

§ 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. 

■ 41. Revise § 15.35 to read as follows: 

§ 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 quasipeak 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 § 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 quasipeak 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 §§ 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., 

§§ 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. 

■ 42. Revise § 15.37(c) to read as 

follows: 

§ 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 § 15.107 or § 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 § 15.107 

or § 15.207, as appropriate. Equipment 

authorized, imported or manufactured 

prior to these dates shall comply with 

the conducted limits specified in 

§ 15.107 or § 15.207, as appropriate, or 

with the conducted limits that were in 

effect immediately prior to September 9, 

2002. 

* * * * * 

■ 43. Amend § 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: 

§ 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 § 15.35(a). 

* * * * * 

■ 44. Revise § 15.101 to read as follows: 

§ 15.101 Equipment authorization of 

unintentional radiators. 

(a) Except as otherwise exempted in 

§§ 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: 


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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 personal computers ....................................................... SDoC or Certification. 

Class B personal computers assembled using authorized CPU boards or power supplies ......................................... SDoC or Certification. 

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 power supplies .................................................................... SDoC or Certification. 

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 § 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 § 15.102(b) are followed. 

(d) Peripheral devices, as defined in 

§ 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 § 15.3(r); and personal 

computer CPU boards, as defined in 

§ 15.3(bb); 

(2) CPU boards, as defined in 

§ 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. 

■ 45. Revise § 15.102(b)(4) to read as 

follows: 

§ 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 § 15.101(c)(4) 

and a compliance information 

statement, as described in § 2.1077(b) of 

this chapter, is supplied with the 

system. Marketed systems shall also 

comply with the labeling requirements 

in § 15.19 and must be supplied with 

the information required under §§ 15.21, 

15.27 and 15.105; and 

* * * * * 

■ 46. Revise § 15.123(c)(3) and (c)(5)(iii) 

to read as follows: 

§ 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 


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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 § 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 

§ 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: ‘‘UniDirectional Receiving Device: 

Conformance Checklist: PICS 

Proforma,’’ September 03, 2003 

(incorporated by reference, see § 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, ‘‘UniDirectional Cable Product Supporting 

M-Card: Multiple Profiles; Conformance 

Checklist: PICS,’’ February 25, 2008 

(incorporated by reference, see § 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 

§ 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 

§ 15.38) to the qualified test facility. 

* * * * * 

■ 47. Revise § 15.201(a) through (c) to 

read as follows: 

§ 15.201 Equipment authorization 

requirement. 

(a) Intentional radiators operated as 

carrier current systems, devices 

operated under the provisions of 

§§ 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 § 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 

§ 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 § 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. 

* * * * * 

■ 48. Revise § 15.615(a)(4) to read as 

follows: 

§ 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 

■ 49. The authority citation for part 18 

continues to read as follows: 

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

307. 

■ 50. Revise § 18.203 to read as follows: 

§ 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 nonconsumer 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. 

■ 51. Revise § 18.209 to read as follows: 

§ 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. 

■ 52. Revise § 18.212 to read as follows: 

§ 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 

§ 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 

§ 2.935 of this chapter. There is no 

specific format for this information. 


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■ 53. Revise § 18.311 to read as follows: 

§ 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 

■ 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. 

■ 55. Amend § 73.53 by: 

■ a. Revising paragraphs (a) and (b)(10); 

and 

■ b. Redesignating the Note following 

(b)(12)(viii) as Note 1 to paragraph (b). 

The revisions read as follows: 

§ 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 

§ 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. 

* * * * * 

■ 56. Amend § 73.1660 by: 

■ a. Revising paragraphs (a), (b) and (e); 

and 

■ 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: 

§ 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 § 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 

§ 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. 

■ 57. Amend § 73.1665 by: 

■ a. Designating the table following 

paragraph (b) as ‘‘Table 1 to paragraph 

(b)’’; and 

■ b. Revising paragraph (c). 

The revision reads as follows: 

§ 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 § 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 § 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 

■ 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. 

■ 59. Amend § 74.535 by revising 

paragraph (d)(4) to read as follows: 

§ 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 § 2.950 of this chapter. 

* * * * * 

■ 60. Section 74.550 is revised to read 

as follows: 

§ 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 


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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 § 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 § 2.950 to this chapter. 

Note 2 to § 74.550: Consistent with the note 

to § 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. 

■ 61. Amend § 74.637 by: 

■ a. Revising paragraph (c)(4); and 

■ b. Designating the table following 

paragraph (g) as ‘‘Table 1 to paragraph 

(g)’’. 

The revision reads as follows: 

§ 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 

§ 2.950 of this chapter. 

* * * * * 

■ 62. Amend § 74.655 by: 

■ a. Revising paragraphs (a), (b), (d) and 

(f); 

■ b. Removing ‘‘part 2 of the FCC rules’’ 

and adding in its place ‘‘part 2 of this 

chapter’’ in paragraph (c); and 

■ 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: 

§ 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 

§ 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. 

■ 63. Amend § 74.661 by: 

■ a. Designating the table following the 

introductory text as ‘‘Table 1 to 

§ 74.661’’; 

■ b. Revising footnote 2 to Table 1; and 

■ c. Adding Note 1 to § 74.661. 

The revision and addition read as 

follows: 

§ 74.661 Frequency tolerance. 

* * * * * 2Stations 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 nonconforming equipment authorized 

under a station license, and replaced on 

or after March 17, 2005, must be 

replaced by conforming equipment. 

Note 1 to § 74.661: The Declaration of 

Conformity procedure has been replaced by 

Supplier’s Declaration of Conformity. See 

§ 2.950 of this chapter. 

■ 64. Amend § 74.1250 by revising 

paragraph (a) and the introductory text 

of paragraph (c) to read as follows: 

§ 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. 


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Equipment previously authorized under 

subpart J of part 2 of this chapter may remain 

in use. See § 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 

■ 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. 

■ 66. Amend § 78.107 by revising the 

introductory text to paragraph (a), and 

the introductory text to paragraph (a)(2) 

to read as follows: 

§ 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 § 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 

■ 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. 

■ 68. Amend § 80.203 by revising 

paragraphs (a), (f), (g), (l), and (m)(2) to 

read as follows: 

§ 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 

§ 2.950 of this chapter. 

* * * * * 

(l) Ship station transmitters may be 

certified for emissions not shown in 

§ 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. 

* * * * * 

■ 69. Amend § 80.1103 by revising 

paragraphs (a) and (c) to read as follows: 

§ 80.1103 Equipment authorization. 

(a) All equipment specified in 

§ 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 § 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 § 80.1101, 

the manufacturer may attest by letter 

that the equipment (indicate FCC ID#) 

meets the requirements of § 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 

§ 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 §§ 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 

§ 2.950 of this chapter. 

* * * * * 

PART 87—AVIATION SERVICES 

■ 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. 

■ 71. Amend § 87.147 by revising 

paragraph (e) to read as follows: 


nlaroche on DSK9F9SC42PROD with RULES
50838 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 

§ 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 § 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 

§ 2.950 of this chapter. 

* * * * * 

■ 72. Amend § 87.199 by revising 

paragraphs (c) and (d) to read as follows: 

§ 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 

§ 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 

■ 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. 

■ 74. Amend § 90.203 by: 

■ a. Revising the introductory text of 

paragraph (a), and paragraphs (e) and 

(g)(2); 

■ b. Removing the phrase ‘‘of the rules’’ 

from paragraph (i); 

■ c. Removing the phrase ‘‘the Rules of’’ 

from paragraph (j)(6)(ii); and 

■ d. Revising paragraphs (j)(7) and (l). 

The revisions read as follows: 

§ 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 § 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 § 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 

§ 2.950 of this chapter. 

* * * * * 

PART 101—FIXED MICROWAVE 

SERVICES 

■ 75. The authority citation for part 101 

continues to read as follows: 

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

■ 76. Amend § 101.139 by revising 

paragraphs (a), (b), (d), (e), and (g)(1) to 

read as follows: 

§ 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 

§ 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 

§ 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 


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