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Subpart I of Part 2 of the Commission's rules contains regulations governing the  X3 W marketing of RF devices.^ {O4"ԍjSee 47 CFR  2.8012.815 (1995).^ These rules describe the conditions that must be met before an RF  W device may be marketed in the United States. Subpart J of Part 2 of the rules specifies the  X3 W 9equipment authorization procedures that apply to RF devices._Z {O"ԍjSee 47 CFR  2.9012.1207 (1995)._ These rules describe the  W procedures that must be followed to obtain equipment authorization, the procedures used by the  W Commission to administer the equipment authorization program, and the responsibilities of manufacturers and importers under these procedures.  X 3 pp3. In the Notice of Proposed Rule Making (Notice) in this proceeding, the Commission  W %proposed to amend the marketing rules and equipment authorization procedures in Subparts I and  X 3 W J of Part 2 of its rules.  {O"ԍjSee Notice of Proposed Rule Making, ET Docket No. 9445, 9 FCC Rcd 2702 (1994). Specifically, in response to a Petition for Rule Making from the  X 3 W mConsumer Electronics Group of the Electronic Industries Association (EIA/CEG) ~ yO" ԍjThe Electronics Industry Association Consumer Electronics Group has since become the Consumer Electronics Manufacturers Association (CEMA). the  W {Commission proposed a number of changes to consolidate and harmonize the marketing rules to  W 8allow all radio devices to be announced, advertized, displayed, activated at trade shows, and  W Ioffered for sale prior to completion of the applicable equipment authorization requirements,  W provided that the prospective buyer is advised in writing that the products must comply with  Xd3 W 'those requirements before delivery.Pd {O"ԍjSee Notice at para. 812.P The Commission also proposed several changes to the  W equipment authorization rules to resolve inconsistencies and to remove unnecessary restrictions.  W These changes were intended to assist industry by reducing the time it takes to introduce new products.  pp4. Comments and/or reply comments responding to the proposed changes to the  X3 W marketing and equipment authorization rules were submitted by a number of parties.$h  yO "  ԍjA list of parties submitting comments and/or reply comments is shown in Appendix A. Several parties  jsubmitted comments addressing issues that are outside the scope of this proceeding and will, therefore, not be  j}considered herein. In particular, International Business Machines Corporation (IBM) recommends that the  jjCommission substitute a verification procedure for the certification process now applicable to personal computers  {O$" jand associated peripherals. See IBM comments at 12, 511. The Computer and Business Equipment Manufacturer's  jIAssociation (CBEMA), now the Information Technology Council (ITI), similarly requests consideration of a  {O%" j"declaration" process for personal computers. See CBEMA comments at 7. The Commission addressed these issues  {Oo&" jin the Report and Order in ET Docket 9519, adopted May 9, 1996, 61 FR 31044, June 19, 1996. General Electric  j{Lighting (GEL) requests that the requirement that grantees report Class II permissive changes to the Commission"9',-(-(S'"  {O" jbefore a product can be marketed be deleted. See GEL comments at 23 and Alcatel Network Systems, Inc. (ANS)  jW reply comments at 18. The Association for Maximum Service Television, Inc. (MSTV) requests that the Commission  j|act on a Petition of Inquiry filed on October 4, 1989, concerning sources of interference to television broadcast  {O"reception.  See MSTV comments at 4. Generally,",-(-(ZZ="  W the comments are supportive of the Commission's efforts to harmonize and clarify its marketing  W |and equipment authorization rules. The Commission also received numerous suggestions for  W Yimproving or modifying these proposed rules. The issues raised in the comments are addressed in the following paragraphs.  Xv3I MARKETING REGULATIONS ă  XH3Existing Rules  pp5. In general, the current marketing regulations prohibit the marketing of RF devices  W prior to a demonstration that the device complies with the applicable technical standards and the  X 3 W Xcompletion of the applicable equipment authorization requirements.4  yOQ"  ԍjAs defined in the rules, marketing includes sale or lease, offers for sale or lease (including advertising for  jsale or lease), and importation, shipment or distribution for the purpose of sale or lease or offering for sale or lease.  {O" j7See 47 CFR  2.803 and 2.805 (1995). Currently, the equipment authorization procedures are: type acceptance,  {O" jjcertification, notification, declaration of conformity, and verification. See 47 CFR Part 2, Subpart J (1995). The  {Ou" jdeclaration of conformity is a new equipment authorization procedure implemented in the Report and Order in ET  {O?"Docket 9519, supra.4 The regulations also provide  W lseveral exemptions to this general rule. In particular, Section 2.806 permits certain digital  W devices to be: 1)announced and offered for sale prior to authorization; 2)operated for  W compliance testing; 3)operated for performance evaluation at the manufacturer's or at a user's  W 8site; 4)demonstrated at a trade show; and 5)tested for compliance at an end user's site after  Xy3 W installation. y4  {O^"ԍjVarious conditions attach to these exemptions to the marketing rules. See 47 CFR  2.806 (1995). In addition, Section2.809 provides similar exemptions to the marketing rules for  Xb3 W industrial, scientific, and medical (ISM) devices subject to the provisions in Part 18 of the rules.i Zb  {O"  ԍjSee 47 CFR  2.809 (1995). Additional exceptions are provided in 47 CFR  2.811 and 2.813 (1995) for  jibroadcast transmitters operating under Part 73 of the rules and for instructional television fixed transmitters operating under Subpart I of Part 74 of the rules.i  W &Further, Section 2.803 permits the advertising and display, but not activation, of products that  W require type acceptance, certification or notification prior to obtaining a grant of authorization  W as long as the advertising or display is accompanied by a notice that the equipment has not been  X3 W [authorized and may not be marketed until Commission authorization has been obtained.T  {O$"ԍjSee 47 CFR  2.803 (1995).T  W jHowever, Section 2.805, which addresses the marketing of devices that do not require a grant of  X3 W equipment authorization to be issued by the Commission, i.e., devices subject to authorization  W under the verification procedure, does not contain any provisions that permit advertising or"z ,-(-(ZZ+"  X3 W display before a product has been demonstrated to comply with the applicable standards.T  {Oy"ԍjSee 47 CFR  2.805 (1995).T The  W Commission's staff has, however, in an interpretation of the rules, permitted manufacturers of  W products subject to the marketing rules in Section 2.805 to display and advertise those products  X3following the procedures in Section 2.803.B ZZ {O"  ԍjSee letter of January 8, 1992, from Richard B. Engelman, Chief, Technical Standards Branch, Office of  jEngineering and Technology, FCC, to John M. Bianchi, Senior Engineer, Compliance Engineering, Toshiba America Consumer Products, Inc.B  X3Discussion  X_3 pp6. In the Notice, the Commission recognized concerns raised by the EIA/CEG and parties  W Yreplying to its petition that the current marketing rules contain inconsistencies and unnecessary  W restrictions that are causing confusion for the electronics industry, with the result that equipment  W |vendors are being denied opportunities to promote their products to potential customers. In  W considering this matter, the Commission also expressed concern regarding the possibility that  W significant interference and enforcement problems could result if noncompliant devices were sold  W or provided to the general public. The Commission therefore proposed a number of rule changes  W intended to provide for significant harmonization of the marketing rules and elimination of  W unnecessary restrictions, while at the same time addressing its concerns regarding interference and enforcement. These changes would:  pXp Permit the advertising and display of all RF devices, including those subject to the verification procedure, prior to completion of the equipment authorization requirements;(#  pXp Permit RF devices to be offered for sale, prior to completion of the equipment  X3 pauthorization requirements, to all parties other than the general public, i.e., business,  pcommercial, industrial, scientific, and medical users, provided: 1) the devices are in the  p\conceptual, developmental, design or preproduction stage; 2) the prospective buyer is  pLadvised in writing at the time of announcement or offer for sale that the devices are  psubject to the Commission's rules; and 3)the equipment complies with the appropriate  prules, including completion of the equipment authorization requirements, prior to delivery to the buyer or centers of distribution;(#  pXp Permit any RF device to be operated for compliance testing, demonstration at a trade  p9show, or evaluation of product performance and determination of customer acceptability  pat the manufacturer's facilities or at a business, commercial, industrial, scientific or medical user's site during the development, design or preproduction stages;(#  pnXp Require products which are advertised, displayed at trade shows or operated and  pevaluated at a customer's location prior to testing or authorization to be accompanied by  pa conspicuous notice warning that the product has not been authorized and may not be"!| ,-(-(ZZ$" sold or leased until such authorization is obtained; and,(#  p~Xp Permit products subject to verification to be tested for compliance at the installation  psite of a business, commercial, industrial, scientific or medical user, provided the purchase  pmor lease agreement includes a proviso that such a determination of compliance be made by the party responsible for verification of the equipment.(#  X_3 pp7. The Commission generally is adopting herein the proposals contained in the Notice,  W taking into account several minor modifications suggested by commenting parties. These new  W jregulations will harmonize the marketing rules for all RF devices, remove certain inconsistencies  W in the existing rules, and eliminate unnecessary regulations. However, these changes to the  W regulations do not in any manner alter the Commission's longstanding prohibition against the sale  W {or provision of equipment to the general public prior to a demonstration of compliance with the  W {appropriate technical standards and authorization under the applicable equipment authorization  W procedure. The Commission continues to believe that it is unrealistic to permit consumer devices  W &to be offered for sale to potentially millions of people and expect the delivery of the devices to  X3 W 7be delayed while awaiting the Commission authorizations. The enforcement of such a program  W would be unmanageable. The Commission therefore believes that these amendments to the  W regulations will not result in an unacceptable risk of interference or enforcement problems due  W 7to the operation of non-compliant products. A discussion of each aspect of the new marketing rules is provided below.  X3Announcement and Offer for Sale  X3 pJp8. In the Notice, the Commission proposed to apply the marketing provisions in Section  W 72.803 of the rules, which permit advertising and display of products prior to completion of the  W equipment authorization requirements, to all RF devices, including those subject to the  X3 W verification procedure.S {O"ԍjSee Notice at para. 8.S It further proposed to permit, prior to completion of the equipment  W (authorization requirements, all RF devices to be offered for sale to business, commercial,  W jindustrial, scientific, and medical users, subject to certain conditions. These conditions are that:  W J1) the devices are in the conceptual, developmental, design or preproduction stage; 2) the  W kprospective buyer is advised in writing at the time of announcement or offer for sale that the  W ldevices are subject to the Commission's rules; and 3)the equipment will comply with the  W appropriate rules, including completion of the equipment authorization requirements, prior to  X3delivery to the buyer or to centers of distribution.Z {O#"  \ԍjSee Notice at Appendix B,  2.803(d). The EIA/CEG petition requested that similar marketing to the  {O#" jigeneral public be permitted. The Commission declined to advance this proposal in the Notice due to concerns about  jZpotential interference and enforcement problems. ANS, GEL, and EIA/CEG continue to support this original  jjproposal in their comments, and MSTV opposes it. The Commission sees no new information presented in the  jcomments that would cause it to reconsider its initial decision to exclude members of the general public from this  {O&" jproposal. See comments of ANS at 3 and GEL at 1, and reply comments of EIA/CEG at 4; MSTV comments at"&,-(-(&" 6 and reply comments at 6."X,-(-(ZZ!"Ԍ X3 pԙp9. Comments. The comments generally support the proposals to expand the rule  W 7permitting the advertising and display of products, prior to authorization, to encompass all RF  X3 W {deviceszX {O"  ԍjSee, e.g., ANS comments at 4, reply comments at 57; AMSC Subsidiary Corporation (AMSC) comments  jiat 4; AT&T Corporation comments at 1; CBEMA comments at 1; EIA/CEG comments at 3, reply comments at 2;  j7Digital Microwave Corporation (DMC) comments at 1; Ericsson Corporation (Ericsson) comments at 2; MSTV  jHcomments at 2; National Association of Broadcasters (NAB) comments at 23; Northern Telecom Inc. (Northern  jTelecom) reply comments at 2; Mobile and Personal Communications Private Radio Section of the  jTelecommunications Industry Association (TIA) comments at 13; Uniden America Corporation (Uniden) comments at 12. and to permit RF devices to be offered for sale, but not delivered, to parties other than  X3 W kthe general public prior to authorization. {O "  'ԍjSee, e.g., AMSC comments at 4, ANS comments at 5, CBEMA comments at 1, Ericsson comments at 1, IBM comments at 3, and Itron, Inc. (Itron) comments at 1. Ericsson Corporation (Ericsson) states that these  W Xproposals will protect the public by ensuring that 1)prospective purchasers are aware that certain  W items of equipment are not yet compliant with the Commission's rules; and 2)no RF device is  W Zdelivered until it has been authorized. Uniden America Corporation (Uniden) states that the  Xa3 W proposals in the Notice would allow for a more consistent policy on the marketing of RF devices.  W Itron, Inc. (Itron) adds that the prohibition against the offer for sale to the general public  W %adequately addresses the Commission's concerns regarding interference and enforcement problems  X 3 W while simultaneously facilitating the marketing of RF products.Q  {O"ԍjSee Itron comments at 12.Q The Association for Maximum  W 6Service Television, Inc. (MSTV) opposes the proposal to permit RF devices to be offered for sale  W prior to authorization, arguing that businesses that have prepurchased equipment are unlikely to  X 3 W wait for months, or longer, for delivery pending resolution of technical problems.P  {O"ԍjSee MSTV comments at 67.P MSTV  W Gbelieves that this proposal will place manufacturers under intense pressure to deliver devices prior to Commission authorization.  pp 10. The Computer and Business Equipment Manufacturer's Association (CBEMA)  W requests that the phrase "not to the general public" be clarified with regard to the methods  W through which announcements of preauthorized equipment may be made to business or  X83 W commercial users.Q8 {O""ԍjSee CBEMA comments at 45.Q CBEMA assumes that the phrase was intended to describe the  W announcements and not the media through which these announcements are made. CBEMA  W believes that the target of the announcement or offer for sale, not the medium through which it  W {is made, should be the determining factor in demonstrating that marketing is not being promoted  W Gto the general public. International Business Machines Corporation (IBM) and Northern Telecom  W Inc. (Northern Telecom) propose that the Commission further amend its rules to permit the sale",-(-(ZZ<"  W of prototype devices to a limited class of users for "beta" testing and for complementary product  X3 W &development of software and associated hardware products.Z {Ob"  ԍjSee IBM comments at 35; Northern Telecom reply comments at 3. In "beta" testing, a manufacturer  jGsupplies to prospective customers products that are still in the development stage. This permits the manufacturer to determine potential customer interest in the product and to discover any potential problems with product design. IBM complains that the current  W rules effectively prohibit manufacturers from charging for prototypes they provide to product  W &developers. It believes that permitting preauthorization sales would permit direct recovery of the cost of its prototype units.  Xv3 p:p 11. Decision. The Commission is adopting its proposal to allow all RF devices to be  Xa3 W advertised, displayed and offered for sale prior to authorization.a yO "  8ԍjThe rules are also being codified to include previous Commission decisions that permit: 1)conditional sales  jcontracts between manufacturers and wholesalers and retailers, where delivery is contingent upon the equipment  j6complying with the applicable Commission equipment authorization and technical requirements; and 2)agreements  {OT" jbetween parties to produce new products manufactured in accordance with designated specifications. See  {O"Memorandum Opinion and Order in GEN Docket No. 87389, 6 FCC Rcd 1683 (1991) at para. 9. In addition to making the rules  W consistent for all RF devices, these provisions will assist industry efforts to introduce new  W products more promptly. The current rules already permit the announcement and offer for sale,  W prior to authorization, of digital devices subject to authorization under the verification procedure  X 3 W Hand of ISM devices under the same conditions proposed in the Notice,b  {OT"ԍjSee 47 CFR  2.806 and 2.809 (1995).b and there have been no  W (indications that these provisions have been abused by any manufacturer. In adopting its  W marketing rules in 1970, the Commission emphasized that its actions were designed to stop  W mass-marketed devices from reaching the general public before a grant of equipment  X 3 W authorization had been obtained. 0  {O"  +ԍjSee Report and Order, Docket No. 18426, 35 FR 7898, May 22, 1970, at para. 12. Since the  j&implementation of these rules, the provisions of  2.803, 2.806 and 2.809 (1995) permitting the advertising of  {O" jnon-authorized devices have been added. See Memorandum, Opinion and Order, RM2573 and RM2601, 58 FCC  {O" j2d 784; Order Granting in Part Reconsideration, Docket No. 20780, 45 FR 24154, April 9, 1980; Report and Order,  {O" jjGen. Docket No. 81463, 47 FR 13812, April 1, 1982; and Third Report and Order, GEN Docket No. 20718, 50 FR 36067, September 5, 1985. It therefore rejected a request to permit RF devices to be sold,  W but not delivered, to the general public before a determination of compliance and authorization  W %of the equipment. The revised rules the Commission is adopting herein continues this prohibition  W Iand thus will facilitate manufacturers' marketing efforts without increasing the possibility of  W harmful interference to other radio services. Further, the Commission does not agree with MSTV  W that manufacturers will feel pressure to deliver prepurchased devices which have not been authorized by the Commission.  pp 12. The Commission does not agree entirely with CBEMA that the target of the offer for  W sale, and not the medium through which the offer is made, should be the determining factor in  W demonstrating that marketing is not being promoted to the general public. Although the",-(-(ZZ+"  W Commission agrees that the actual party to whom the equipment is offered for sale or sold should  W be the final determining factor on whether equipment is properly marketed, it also notes that the  W type of audience reached by an advertiser is largely dependent on the medium through which the  X3 W offer is made.eZ yO4"  JԍjIf a product were offered for sale in a businessoriented periodical but the sale was made to someone other  {O" jthan a business, commercial, industrial, scientific or medical users, i.e., to the general public, the sale would be in violation of the regulation. e Thus, the responsible party must exercise due caution in both the selection of  W the medium and the presentation employed in the offer for sale. To provide additional clarity  W {regarding the prohibition against marketing to the general public, the regulations will specifically  W prohibit the offer for sale of preauthorized equipment to end users located in a residential  W jenvironment and to any parties other than business, commercial, industrial, scientific or medical  XH3 W users.\H {O "  9ԍjThis change to the regulation is consistent with other provisions being adopted herein, e.g., the operation  jGof preauthorized products at a business, commercial, industrial, scientific or medical user's site, as discussed below.  {Ou"See  2.803(d), (e)(3), (e)(5) and (f) in Appendix B. To avoid confusion about whether an "announcement" for sale constitutes an actual offer  X13for sale, the Commission is also removing the reference to announcements for sale.W1 {O"ԍjSee 2.803(c) in Appendix B.W  pp 13. The Commission does not agree with IBM and Northern Telecom that the rules  W should permit the preauthorization sale of prototype devices for "beta" testing and for  W 6complementary product development of software and associated hardware products. In the event  W Hthat a product was found not to comply with the appropriate standards after sale and delivery,  W it could be very difficult for the manufacturer to recover a product from the purchaser. Thus,  W permitting such sales could allow into the marketplace a significant number of products that have  W 7not been demonstrated to comply with the appropriate standards. In addition, providing these  W kprototype products without concluding a sale permits other parties to develop software and  XK3 W hardware that will be marketed and used with the prototype products. Thus, prohibiting the sale  W (of prototype devices should not present an unreasonable economic burden to equipment  W 9manufacturers. The Commission will not, therefore, permit the preauthorization sale of  W iprototype products for "beta" testing or for complementary product development of software and associated hardware products.  X3Operation Prior to Authorization  X3  X3 pJp 14. In the Notice, the Commission proposed to harmonize its equipment marketing rules  W by extending to all RF devices the current provisions that allow limited operation of digital  Xg3 W devices and ISM devices before the equipment has been authorized.g {O$"ԍjSee 47 CFR  2.806(c) and 2.809(c) (1995); Notice at para. 1011. Under this proposal, it  W would be permissible to operate RF devices that had not yet been authorized: 1)for compliance  W testing;2)for demonstrations at trade shows; 3)for evaluation of product performance at the"92 ,-(-(ZZ%"  W manufacturer's facilities during the development, design or preproduction stages; and 4)for  W 9evaluation of product performance and customer acceptability at a business, commercial,  W industrial, scientific, or medical user's site during the development, design or preproduction  X3 W 8stages.s {O4"ԍjSee  2.803(e) of the rules proposed in the Notice.s The Commission indicated, however, that these types of operations would still be  W subject to any station licensing requirements currently specified under the rules and in 47USC  X3301.YZZ yO"  :ԍjThe marketing of products prior to authorization is permitted under other provisions being adopted in  {O` " j2.803, e.g., 2.803(b) and (d). It is not permitted under the operational provisions in  2.803(e), as discussed in this paragraph.Y  X_3 pp15. Comments. Most of the commenting parties support the proposal to allow limited  W ~operation of equipment prior to completion of the applicable equipment authorization  X33 W Hrequirements.3| {O`"  ԍjSee ANS comments at 56, reply comments at 910, 1215; Itron comments at 2; NAB comments at 23; TIA comments at 24 and 67. For example, Alcatel Network Systems, Inc. (ANS) states that pre-compliance  W operation is necessary to determine empirically if an RF device will work as contemplated, to  W "de-bug" the device before it is sold, to ascertain customer acceptability, and to allow new  W products to be displayed at annual trade shows. Itron indicates that these proposals will enhance  W the ability of manufacturers to evaluate product performance and assess customer satisfaction.  W |The Mobile and Personal Communications Private Radio Section of the Telecommunications  W HIndustry Association (TIA) believes the proposals to allow demonstrations at trade shows and  W evaluations for customer acceptability at a user's site is particularly important to industry. TIA  W states that it is important that preauthorized products be shown at trade shows and  W demonstrations so that the industry can make educated decisions as to which equipment will best meet the needs of their customers.  pp16. To address the possibility that the operation of untested, preauthorized products  W could result in harmful interference to other radio services, some of the commenting parties  W suggest that additional limitations be placed on operations that take place prior to completion of  W the authorization requirements. For example, MSTV suggests that manufacturers be required to  W certify to the Commission that onsite testing is the only feasible means of determining  W compliance before undertaking delivery of an preauthorized device to a customer's place of  X3 W business.N  {O""ԍjSee MSTV comments at 8.N MSTV also recommends that testing of standard electronic office equipment, e.g.,  X3 W printers, should not be eligible for evaluation at a customer's site.D!h  {O$"ԍjSee id. at 8.D AT&T Corporation (AT&T)  W and CBEMA contend that allowing manufacturers to determine acceptability at a customer's site  W and limiting the devices eligible for such testing based on size or unique capability is likely to  W be ineffective in preventing the proliferation of devices that could cause potentially harmful"; !,-(-(ZZ6"  X3 W interference because of the lack of specificity.|" {Oy"ԍjSee AT&T comments at 56, reply comments at 4; CBEMA comments at 34.| They argue that an excessive number of such  W devices could be placed with users. AT&T and CBEMA suggest that the Commission place a  X3 W limit on the number of devices that can be operated prior to authorization, e.g., 200 units of any  W given model of equipment. They state that the Commission should also indicate that it will  W consider granting waivers of this numerical limit. AT&T also argues that the Commission should  W not permit the operation of intentional radiators at trade shows unless an experimental license has  W {been obtained and also should not allow the evaluation of Class A digital devices at a customer's  Xa3 W site.P#aZ {Ol "ԍjSee AT&T comments at 24.P AT&T, CBEMA and MSTV also argue that the Commission needs to provide a better  XJ3 W 7distinction between business and residential sites.y$J {O "ԍjSee AT&T comments at 5; CBEMA comments at 45; MSTV comments at 8.y They indicate that, because of the increase  W in telecommuting and individuals operating businesses in homes, the dividing line between  W ~business and residential sites is blurred and may no longer be a practical divider for the Commission to use for the marketing rules.  p9p17. In reply comments, ANS opposes MSTV's proposal that manufacturers be required  W to certify to the Commission that onsite testing is the only feasible method of determining  W compliance, arguing that this additional requirement would not streamline the process, but would  X3 W create a still more burdensome and bureaucratic process.T%~ {O"ԍjSee ANS reply comments at 15.T MSTV and ANS support AT&T and  W &CBEMA's suggestion for a limit on the number of devices that can be placed in operation prior  Xd3 W to authorization.n&d {O%"ԍjSee MSTV reply comments at 9; ANS reply comments at 12.n However, IBM opposes such a numerical limitation, maintaining that this  W would result in numerous waiver requests that would be an administrative burden both to the  X63Commission and to industry.U'6 {O"ԍjSee IBM reply comments at 45.U  pp18. Some of the comments reflect the belief that the proposed rules would still require  W that experimental licenses be obtained for preauthorization operation of Part15 devices. For  W example, EIA/CEG and ANS suggest exempting from further licensing those RF devices that will  X3 W eventually be authorized under Part15.(&4  {O""  ԍjSee EIA/CEG comments at 56; ANS reply comments at 14. EIA/CEG maintains that 2.803(e)(6), as  {Or#" jproposed in the Notice, takes back the authority granted by the proposed 47 CFR  2.803(e)(2). TIA believes that  j%the proposal for evaluation at the customer's site eliminates all special temporary authorization (STA) requirements.  {O%"See TIA comments at 34. MSTV contends that the current regulations, which  W irequire an operator to obtain temporary or experimental authority before operating unlicensed Part  W Z15 devices, are entirely appropriate. According to MSTV, licenses provide a mechanism for" "(,-(-(ZZ\"  X3 W tracking potential sources of interference.T) {Oy"ԍjSee MSTV reply comments at 8.T AT&T proposes that the Commission require  X3 W Xmanufacturers to obtain an experimental license to operate an preauthorized intentional radiator.N*Z {O"ԍjSee AT&T comments at 3.N  W However, EIA/CEG and Northern Telecom disagree, arguing that requiring an experimental  W license for Part 15 products operated at trade shows or exhibitions would defeat the streamlining  W Iand consistency of the marketing rules being sought in this rule making. EIA/CEG adds that  W AT&T does not offer any evidence that actual harm would occur. Northern Telecom anticipates  W Jthat the large increase in the volume of experimental license applications would strain the  X_3 W Commission's resources.+_ {O "ԍjSee EIA/CEG reply comments at 4; Northern Telecom reply comments at 24. EIA/CEG also asks that the Commission permit, prior to authorization,  XH3demonstrations of equipment at exhibitions other than trade shows.Q,H~ {Ow"ԍjSee EIA/CEG comments at 8.Q  X 3 p}p19. Decision. The Commission believes that its original proposal regarding the operation  W &of RF equipment prior to compliance with the equipment authorization requirements generally  W 8will provide an appropriate balance of the concerns raised. This plan will provide increased  W flexibility for manufacturers to develop products cooperatively with the customers while also  W 7maintaining sufficient control over the marketing of RF products to ensure that there will be no  W unacceptable risk of increased interference to other radio services. The Commission does not  W 8believe that the additional restrictions suggested by some commenting parties are necessary,  W including certification that onsite testing is the only feasible means of determining compliance  W %or limits on the number of products that can be operated prior to authorization. The Commission  W Hconcludes that it would be overly burdensome to insist that manufacturers certify that no other  W alternative is feasible for determining compliance other than at a customer's site. It also agrees  W with IBM that placing a limit on the number of products would add to the administrative burden  W for both industry and Government. However, the Commission concurs with AT&T, CBEMA and  W MSTV that a better distinction between business and residential sites should be made. Thus, the  W 9rules being adopted restrict operation at a user's site to nonresidential locations, thereby  W excluding operation at businesses located within a residence. The rules also limit operation prior  W \to completion of the equipment authorization requirements to products that are in the  W development, design or preproduction stages, and prohibit the marketing of products that are  W being evaluated under these circumstances. These restrictions will serve to limit the interference  W potential of products that will be operated under this provision. To further alleviate the concerns  W zexpressed by some of the commenting parties that the operation of products prior to authorization  W could result in interference to other radio services, the Commission is amending Section 2.803(e)  X"3to clarify that operation is only permitted on a noninterference basis.Z-" {O%"ԍjSee  2.803(e)(9) in Appendix B.Z "  -,-(-(ZZ4!"Ԍ X3 p:p20. As proposed in the Notice, the amended rules will specify that station licenses or  W &operating licenses are still required for devices operating under rule sections which require such  X3 W station licensing.." yOM"  [ԍjAs provided under the Communications Act of 1934, as amended, most radio frequency devices may not  {O" jjbe operated without the required station licenses. See 47 USC 301. Further, most transmitters requiring licenses  j%operate at substantial power levels and could cause significant interference problems if the transmitters were operated on frequencies used by existing licensed services.  However, several categories of products, including equipment operating under  W Part 15 and some transmission systems operating under Part 95, do not require a station license.  W The Commission sees no justification for requiring a license to be obtained to operate these  W 7products for compliance testing, demonstrations, or evaluation of product performance, even if  Xx3 W those products are still in the developmental stage, and is so amending its regulations./x {O "  ԍjSee  2.803(e) in Appendix B. Any operation of these products remains subject to the requirement that no harmful interference be caused to other radio operations. This  W Ychange to the regulations will result in a decrease in the number of applications for experimental  W and developmental licenses. In the case where a license is required for operation, the  W Commission would be able to issue a station license, a special temporary authority for the service  W in which the equipment would normally operate, or an experimental/developmental license obtained under Part5 of the rules.  p9p21. The Commission agrees with EIA/CEG that the ability to demonstrate products at a  W Htrade show should be expanded to include other types of exhibitions. It is concerned, however,  W {about allowing unrestricted operation at any general "exhibition" without placing some limits on  W what that term might include. The Commission recognizes that residential environments, with  W ltheir high density and widespread use of radio receivers, generally are the locations where  W interference is more likely to occur. Accordingly, the rules will permit the operation of an RF  W device prior to a demonstration of compliance or authorization at trade shows and at exhibitions  W which are conducted at business, commercial, industrial, scientific, or medical locations.  W However, under no circumstances may such demonstrations or exhibitions be conducted in residential environments.  X3Advisory Notice  X3 pp22. In the Notice, the Commission proposed to require that products which, prior to  W Htesting or authorization, are advertised, displayed at trade shows or operated and evaluated at a  W customer's location, be accompanied by a conspicuous notice warning that the product has not  Xi3 W been authorized and may not be marketed until such authorization is obtained.y0i  {O&#"ԍjSee Notice at Appendix B,  2.803(c), (e)(2) and (e)(4).y The specific  XR3language proposed in the Notice for the disclaimer notice was:  pXpThis device has not been authorized as required by the rules of the Federal  p)Communications Commission. This device is not, and may not be, offered for sale or" 0,-(-(ZZ!" lease, or sold or leased, until authorization is obtained.(#  W This proposed notice is essentially identical to the notice currently required under Section 2.803  W of the rules for products that are advertised or displayed prior to a demonstration of compliance or authorization.  Xv3 p:p23. Comments. AT&T, CBEMA, and IBM argue that the proposed language for the  W advisory notice is ambiguous because it does not clearly apply to equipment subject to  XJ3 W verification. 1J {O "ԍpSee AT&T comments at 45, CBEMA comments at 2, and IBM reply comments at 23. CBEMA suggests that the advisory language should be clarified by adding to  W the end of the proposed advisory notice the phrase "or compliance established, as required by the  W 'applicable requirements." IBM suggests that the advisory notice read: "This device has not  W 6demonstrated compliance with the radio frequency emissions standards established by the Federal  W {Communications Commission. This device may not be sold, offered for sale, or delivered to the  W {general public until compliance determination is complete and any necessary FCC authorization  W Zis obtained." EIA/CEG submits that the language contained in the proposed advisory notice  X 3 W appears to be inconsistent with other sales activity provisions proposed in the Notice, i.e., the  W proposals in Section 2.803(b) and (d) which, under certain conditions, permit announcement and  W offer for sale, but not delivery, prior to authorization, and recommends that the language be  Xf3 W 8modified to eliminate these inconsistencies.2fZ {Oq" pԍp See EIA/CEG comments at 7, reply comments at 45. See also ANS comments at 4, reply comments at 9. Finally, IBM suggests that an alternate notice  W should be permitted for the display and/or demonstration of a prototype of a product where the  W prototype has not been authorized but the final assembly version of the product has been  X!3authorized./3X! yO" p:ԍpThe example provided by IBM reads: "This is a prototype of an FCC compliant device. Use of this  W prototype is for demonstration or evaluation purposes only. This labelled prototype may not be sold to the general public."/  X3 pp24. Decision. The Commission does not agree with the commenting parties that the  W Glanguage in the proposed advisory notice is ambiguous for products subject to authorization under  W the verification procedure. Verification, and the new declaration of conformity, are equipment  W authorization procedures, even though a grant of equipment authorization is not issued by the  W ICommission. Further, the Commission does not agree with IBM that the notice should also  W caution against delivery to the general public. Under certain limited conditions, delivery is  Xk3 W ~permitted prior to authorization or a demonstration of compliance.b4k {O#"ԍpSee  2.803(e)(5) and (f) in Appendix B.b Accordingly, the  XT3Commission is adopting the advisory language that was proposed in the Notice.  pp25. The Commission agrees with EIA/CEG that, under certain conditions, the language"( f 4,-(-(ZZ$ "  W Gin the advisory notice runs the risk of inconsistent construction with the provisions being adopted  W &that permit marketing prior to authorization. Specifically, this language could conflict with the  W provisions permitting limited marketing to wholesalers and retailers or to certain business,  X3 W commercial, industrial, scientific or medical users.d5 {O4"ԍpSee  2.803(b), (d) and (f) in Appendix B.d Accordingly, the rules governing these  W limited marketing provisions are being amended to clarify that this advisory notice is not required  W Iwhen these marketing conditions are met. Further, at their option manufacturers advertising  W Xproducts or displaying products at trade shows prior to authorization may add additional language to the advisory notice to describe these limited marketing provisions.  pp26. The Commission agrees with IBM that different language for the advisory notice is  W lappropriate when the product being demonstrated or displayed is a prototype that is not  W Jauthorized but the actual product being marketed is properly authorized. In many cases,  W |manufacturers continue to use prototypes for display or demonstration proposes, even after  W obtaining authorization of the final product. If the prototype is consistent with the equipment that  W was authorized, the prototype may be labelled as authorized and could be marketed without a  W [disclaimer notice. However, if the prototype is not consistent with the product that was  W %authorized, it may not be displayed or marketed except under the conditions being adopted in this  W Report and Order, including any applicable condition for licensing. Accordingly, the Commission  W is adopting an alternate advisory notice to address the specific situation raised by IBM. The  W alternate language for such prototype devices will be "Prototype. Not for Sale." However, parties displaying prototypes of authorized products may use additional language, if desired.  X3  Onsite Verification  X3 pp27. In the Notice, the Commission proposed to permit products subject to verification that  W kare sold to business, commercial, industrial, scientific or medical users (but not to the general  W public) to be measured to demonstrate compliance at the customer's location after sale and  W installation, provided the purchase or lease agreement includes a proviso that such a  W mdetermination of compliance be made and is the obligation of the party responsible for  Xg3 W &verification of the equipment.e6gZ {Or"ԍjSee Notice at Appendix B,  2.803(f).e Only MSTV specifically commented on this proposal, stating  W that the incidence of equipment failing postsale, postinstallation testing is likely to be low, and  X93 W that the Commission should limit this rule to industrial, medical and scientific purchasers.P79 {O!"ԍpSee MSTV comments at 89.P  W However, many of the comments of other parties addressing the proposal to permit operation  X 3prior to authorization, above, indirectly apply to this issue.8 ~ {O:%" pԍpSee, e.g., AT&T comments at 56, reply comments at 4; CBEMA comments at 35; MSTV comments at 8. "8,-(-(ZZ"""Ԍ X3 pp28. Decision. As indicated in the discussion above on operation prior to authorization,  W the Commission does not believe that further limitations to its marketing rules, including  W numerical limits, are needed. However, it concurs with the comments from AT&T, CBEMA and  W &MSTV that there needs to be a better distinction between business and residential sites. Thus,  W the rules being adopted restrict operation at a business, commercial, industrial, scientific or  W medical user's site to nonresidential locations. Further, the rules being adopted will limit such  W ioperation to products subject to authorization under the verification procedure, as proposed in the  Xa3 W Notice. Currently, the products authorized under the verification procedure are digital devices  W other than personal computers and peripherals to personal computers, ISM devices other than  W consumer devices, broadcast receivers, and other Part 15 devices that are not expected to pose  X 3 W a significant interference risk.p9  {O "ԍpSee 47 CFR  15.101, 15.201(a), and 18.203 (1995).p Verified digital devices and ISM devices are already permitted  W to be measured to demonstrate compliance with the standards after installation, and there has  X 3 W been no indication that this provision has resulted in interference or other problems.h: Z {O"ԍpSee 47 CFR  2.806(b) and 2.809(b) (1995).h Thus, the  W [Commission does not believe that the addition of other Part 15 devices already subject to  W authorization under the verification procedure would increase the risk of harmful interference  X 3 W being caused to other radio services. Accordingly, the Commission is amending the rules to  W permit products subject to verification to be sold to business, commercial, industrial, scientific  W or medical users, but not to other parties or to any user located in a residential environment, and  W measured for compliance at such customers' sites after installation, provided the purchase or lease  W agreement includes a proviso that such a determination of compliance be made and is the obligation of the party responsible for verification of the equipment.  X 3Application of the Marketing Requirements to All RF Devices  X3 pmp29. In the Notice, the Commission proposed to apply the new, harmonized marketing  W provisions to all RF devices regardless of the rule part under which the devices operate. We also  W requested comments on whether it might be desirable to exclude devices subject to authorization  X3 W 7under the type acceptance procedure from the scope of the proposed rule change.; yO6" p:ԍpEIA, in its petition, indicated that it would not object if the Commission excluded devices subject to authorization under the type acceptance procedure from the scope of the proposed rules. EIA/CEG,  W Itron, TIA, IBM, AMSC Subsidiary Corporation (AMSC), and ANS state that the new rules  Xk3 W should apply to all RF devices.<kD {O`"" p[ԍpSee comments of EIA/CEG at 45, Itron at 1; TIA at 4, IBM at 3; AMSC at 4; ANS at 3. See also reply comments of Northern Telecom at 3. Itron points out that, by prohibiting the sale of RF products to  W 6the general public prior to their authorization, the proposed rules adequately address the potential  W for the creation of significant interference and enforcement problems that might be associated  W Gwith any type of equipment. Northern Telecom adds that manufacturers have the same marketing  W needs for devices subject to authorization under type acceptance as they do for other devices. "<,-(-(ZZ#!"  X3 W zCBEMA supports applying the new marketing rules to all unintentional radiators.O= {Oy"ԍpSee CBEMA comments at 1.O E. F. Johnson  W jCompany (E. F. Johnson), however, argues that the new rules, specifically those permitting the  W announcement and offer for sale, demonstrations at trade shows, and evaluation at the user's site  W prior to authorization, should not apply to devices subject to type acceptance since these devices  X3 W }operate in services where frequency use is highly coordinated.p>Z {O"ԍpSee E. F. Johnson comments at 24, reply comments at 13.p MSTV also opposes the  W 7application of the new rules to devices subject to type acceptance, noting that the Commission  W Xadopted different authorization procedures because of differences in the potential to cause harmful  X_3interference.?_ yO " ;ԍjMSTV observes that type acceptance is a more stringent authorization procedure than notification,  {O "verification or a declaration of conformity. See MSTV reply comments at 7.   X13 pp30. Decision. The Commission continues to believe that it is appropriate to apply the  W new marketing rules to all types of radio equipment. The regulations being adopted will provide  W maximum marketing flexibility to equipment manufacturers while limiting the potential for  W harmful interference to other radio services that could be caused from the operation of non W compliant products. As discussed above, various restrictions have been placed on when, where,  W Jand how products may be operated, advertised, displayed or marketed prior to testing or  W authorization. In addition, licenses from the Commission and frequency coordination will still  W be required in many cases before operation is permitted. The new marketing rules will not apply  W to consumer devices because it would not be realistic to permit consumer devices to be offered  W Xfor sale to potentially millions of people who would then have to await Commission authorization  W prior to delivery of the devices. Therefore, no RF devices may be offered for sale to the general  W public prior to compliance with all of the standards, including the equipment authorization  W requirements. The Commission believes that all these restrictions are sufficient to alleviate the  W concerns expressed by E. F. Johnson and MSTV regarding any increased potential for harmful  W 7interference from type accepted devices. Accordingly, the new regulations are being applied to all radio frequency devices addressed under the rules, including type accepted devices.  X3Importation Rules  pp31. Under the current rules, radio frequency devices that have not been authorized may  W only be imported in limited quantities for testing and evaluation or demonstrations at industry  XP3 W trade shows. Ericsson and Northern Telecom suggest that devices being marketed or operated  W under the new rules being adopted in this Report and Order may be imported in unlimited  X"3 W quantities.@"F {O%"ԍjSee Ericsson comments at 45; Northern Telecom reply comments at 23. See 47 CFR  2.1204 (1995). AT&T disagrees, arguing that the Commission did not intend to permit the""@,-(-(ZZ "  X3 W importation of unlimited quantities of "noncompliant" devices for market acceptability testing.]A {Oy"ԍpSee AT&T reply comments at footnote 8.]  X3It adds that the Commission, in the Notice, did not propose any change to the importation rules.  X3 p[p32. Decision. The Commission does not agree with Ericsson and Northern Telecom that  W Section 2.803 should be amended to remove the current restrictions on importation. Such a  W Zchange would permit the importation of an unlimited number of products that have not been  W tested to demonstrate compliance with the standards or have not been authorized under the  W appropriate equipment authorization procedure. If such products were later found to be non W lcompliant with the standards, it might be impossible to recover them, with the result that  W ksignificant interference problems could develop for other radio operations. The Commission  W therefore affirms that it is retaining the current regulations regarding the importation of RF  X 3 W products, as set forth in Part 2, Subpart K of the rules.gB Z {O"ԍpSee 47 CFR  2.1201 et seq. (1995).g These regulations place strict limits on  W the number of preauthorized products that can be imported for testing, evaluation, or display at  W trade shows. These importation limits, combined with the relaxation of the marketing rules, will  W lstill provide foreign manufacturers with sufficient flexibility to display and promote their  W products. The Commission is amending the new Section 2.803 of the rules to clarify that the  W importation conditions specified in Subpart K of Part 2 of the rules also apply to imported products.  X83  EQUIPMENT AUTHORIZATION RULES  X!3  X 3Discussion  X3 pp 33. In the Notice, the Commission proposed changes to the equipment authorization rules  W kin Subpart J of Part 2 to resolve inconsistencies and remove unnecessary restrictions. These  W 8proposals addressed the modification of authorized devices, the definition of an electrically W identical product for which the trade name or model number is modified by the grantee, the  W retention of records for verified devices in the responsible party's files, and the submission to the  Xk3 W %Commission of data or samples for verified devices.QCk {O "ԍpSee Notice at para. 1418.Q The Commission also proposed to modify  W :the rules, for purposes of clarification, to state explicitly that, as with any request for  X=3 W authorization, an antidrug abuse statement is required with requests for permissive changes.QD=~ {Ol#"ԍpSee Notice at footnote 19.Q  W It further proposed to amend the rules to indicate that proper labelling of a product is a condition  X3 W of the grant of equipment authorization and that such labelling is required prior to marketing.:E {O&"ԍpId.: "E,-(-(ZZ#!"  W In addition, the Commission proposed to remove outdated regulations, such as references to type  W approval, which is no longer employed; to combine duplicative rules into single rule sections;  X3and to correct erroneous rule citations.:F yOK"ԍpId.: These issues are addressed in the following paragraphs.  X3Modification of Authorized Devices  Xv3 pmp!34. As indicated in the Notice, it has become a fairly common practice for RF devices,  W especially those intended for sale to the general public, to be modified by someone other than  W 'the grantee of the equipment authorization or, for verified products or products subject to a  W Hdeclaration of conformity, the manufacturer or importer. Except for products authorized under  W {the certification procedure, the regulations specifically permit modifications to be performed by  X 3 W other parties provided the equipment continues to comply with the standards.G X yO" p9ԍpChanges to a certified product made by any party other than the grantee requires that the party performing  {O" W the modifications obtain a new grant of certification, thereby becoming the new responsible party. See 47 CFR  W '2.1043(b)(3). Products authorized under the verification, notification or type acceptance procedures may be  W modified by independent parties under the procedures contained in 47 CFR  2.953(d), 2.977, or 2.1001. Under  W the type acceptance procedure, modifications considered to be a Class II permissive change require the submission  W of measurement data to, and approval by, the Commission, and major modifications require new type accpetance.  {O" W &See 47 CFR  2.1001(a) and (b)(3). Products authorized under the declaration of conformity procedure may also  W %be modified by an independent party, but the party performing the modification becomes the new responsible party.  {OR"See 47 CFR  2.1073.  However,  W according to the regulations the holder of a grant of notification or type acceptance remains  W responsible for ensuring that the equipment continues to comply with the appropriate standards,  X 3 W \even if the equipment is modified by an independent party.TH .  {O"ԍpSee 47 CFR  2.909 (1995).T For products subject to  W authorization under the verification procedure or under a declaration of conformity, the  W responsible party is the manufacturer, if the manufacturer is located within the U.S., or the  X{3 W Zimporter, if the product is imported.:I{  {O"ԍpId.: In the Notice, the Commission observed that it is not  W realistic to require the grantee or the manufacturer or importer to accept responsibility for  W ensuring that the equipment continues to comply with the standards when that product is  X83 W Imodified by an independent party.NJ8R  {O;!"ԍpSee Notice at para. 15.N Similarly, it seems unreasonable to require the grantee,  W manufacturer or importer to retain measurement data and other records demonstrating that the  W product, as modified by a separate party, continues to comply with the standards. In order to  W address this issue, the Commission proposed to specify that a party modifying an authorized  X3 W product is responsible for ensuring that the modified product continues to comply with the  X3 W applicable rules.:K {OZ'"ԍpId.: It further proposed that the party performing the modifications be required to"vK,-(-(ZZ<"  W label the modified product with its name, address and telephone number to facilitate identification  X3 W of the new responsible party.:L {Ob"ԍpId.: In addition, the Commission proposed to require that the  W }responsible party maintain copies of all records describing the product and demonstrating  X3compliance with the appropriate standards.:MZ {O"ԍpId.:  X3 pp"35. Comments. IBM and TIA agree with our assessment in the Notice that it is not  W {realistic to hold equipment manufacturers responsible for compliance once others have modified  Xa3 W equipment.oNa {O "ԍpSee IBM comments at footnote 3; TIA/CEG comments at 56.o National Association of Broadcasters (NAB) generally supports the proposals but  W jis concerned that companies that routinely modify equipment may not have sufficient incentive  X33 W Zto seek the proper authorization once a device is modified.MO3~ {Ob"ԍpSee NAB comments at 3.M NAB urges the Commission to  W ensure that its regulations have sufficient "teeth" to act as a deterrent to those that would offer  W &preauthorized devices for sale. General Electric Lighting (GEL) also agrees with the proposed  W changes but cautions that the definition of the responsible party should be more precise. GEL  W Zpoints out that the rules permit a grantee to license or otherwise authorize a second party to  X 3 W |manufacture or market the equipment covered by the responsible party's grant.WP  {O"ԍpSee 47 CFR  2.929(b) (1995).W In order to  W avoid the situation where a purchaser of this equipment may inappropriately claim such an  W authorization, GEL and ANS request that the Commission require this licensing or authorization  X{3 W to be in writing.iQ{ {O"ԍpSee GEL comments at 12; ANS reply comments at 17.i CBEMA and ANS oppose the proposal to require the modifying party to  Xd3 W 7include additional information on the FCC Identifier label, i.e., the name, address and telephone  XM3 W &number of the modifying party.kRM4  {O2"ԍpSee CBEMA comments at 56; ANS reply comments at 17.k They argue that this additional information is not consistent  W with the FCC identification program which does not require the name of the grantee,  W manufacturer or any other party; only the FCC Identifier is required. AT&T, with support from  W ANS, CBEMA, and IBM, indicates that these changes to the rules could be interpreted to require  W {anyone modifying a device to obtain the original design drawings from the grantee, manufacturer  W or importer. AT&T requests that the requirement to retain the original design drawings apply  X3only to those drawings regarding modifications and changes to the original product.S  {O:$" pԍpSee AT&T comments at 9; ANS comments at 6, reply comments at 16; CBEMA comments at 6; IBM reply comments at 3.  X3 pp#36. Decision. As proposed, the party performing the modifications will be responsible" S,-(-(ZZm"  W for ensuring continued compliance with the regulations and will be required to relabel the product  W |with its name, address and telephone number in order to identify clearly the new responsible  X3 W party. As stated in the Notice, it is not realistic to hold a manufacturer responsible for the  W {compliance of its equipment if that equipment has been modified by some other party. As long  W as the name, address and telephone number of the modifying party is on the modified product,  X3 W |the Commission will be able to identify the responsible party. We believe that there are also  W sufficient "teeth" under the current rules to ensure that a company that modifies products will  Xa3 W Hobtain a new grant of authorization, when required.~Ta {O"ԍpSee, e.g., 47 CFR  2.1001(b)(1)(b)(3) and 2.1043(b)(3) (1995).~ The marketing of equipment modified by  XJ3 W {any party who fails to perform these necessary steps would violate the marketing rules.fUJZ {OU "ԍpSee 47 CFR  2.803 (1995) and 47 USC 302(b).f Such  X33 W violations could subject the modifying party to monetary and equipment forfeitures.SV3 {O "ԍpSee 47 USC  501510.S The  W Commission does not agree with ANS and GEL that the rules need to be amended to require that  X 3 W 8any licensing or authorization by a grantee to a second party to manufacture a product be in  W 8writing. A party that modifies an authorized product, even a modification falling within the  X 3 W Gpurview of a Class I permissive changeTW ~ {O"ԍpSee 47 CFR  2.1001(b)(1).T, becomes responsible for the compliance of that product,  W unless there is a specific authorization from the grantee (or manufacturer or importer for verified  W products or products authorized under a declaration of conformity) permitting the modifications,  X3 W 6i.e., the grantee of the product continues to accept responsibility for the modified product. If that  X}3 W authorization is not in writing, the party performing the modifications does so at its own risk of becoming responsible for the modified product.  X83 pp$37. As indicated, ANS and CBEMA object to the Commission requiring the modifying  W party to label the modified product with its name, address and telephone number. Such labelling  X 3 W [will not be required if the modifying party obtains a new equipment authorization.X  yO" pԍpThe FCC Identifier is required only on products authorized under the type acceptance, certification or  {O"notification procedure. See 47 CFR  2.925 and 2.926 (1995). For  W Yequipment authorized under the certification procedure, changes or modifications performed by  X3 W ja party other than the grantee already require a new application for, and grant of, certification.[Yj  {O "ԍpSee 47 CFR  2.1043(b)(3) (1995).[  W Accordingly, the proposals in this proceeding that the party modifying a product place its name,  W address and telephone number on the product would not apply to certified products or to any  W product for which a new authorization is obtained by the party performing the modifications.  W (The Commission is amending its proposed rules to reflect this qualification. Finally, the  W Commission agrees with the comments from ANS, AT&T, CBEMA and IBM that parties  XR3 W modifying products should not be required to obtain the original design drawings from the  W kgrantee, manufacturer or importer. Rather, these parties will be required to retain only those"; Y,-(-(ZZG"  W Ydrawings regarding the modifications or changes made to the original product. The Commission is amending Section 2.938 of its rules to incorporate this change.  X3Electrically Identical Equipment  X3 pp%38. In the Notice, the Commission proposed to clarify the use of the term "electrically  W identical" in the rule that permits a grantee to change the model/type numbers and trade names  Xa3 W of electrically identical products without notifying the Commission.NZa {O"ԍpSee Notice at para. 16.N Specifically, it proposed  W to clarify that equipment would be deemed electrically identical if no changes are made to the  W Yequipment, as authorized, or if any modifications or changes to that equipment could be treated  X 3 W as Class I permissive changes under the type acceptance or certification rules.d[ Z {O' "ԍpSee 47 CFR  2.1001 and 2.1043 (1995).d The  X 3 W jcommenting parties who addressed this proposal supported it.\Z  {O" pԍpSee comments of E. F. Johnson at 4; ANS at 7; and Itron at 2. GEL requested an expansion of the class  W Xof "electrically identical" equipment in order to eliminate the requirement that grantees obtain authorization for Class II permissive changes; however, the Commission finds that request to be outside the scope of this proceeding. Accordingly, the Commission is adopting the clarification of the term "electrically identical," as proposed.  X 3Retention of Records for Verified Devices  X3 pp&39. In the Notice, the Commission proposed to specify in the rules the information that  W must be retained for an authorization under verification. The information retention requirements  Xf3 W currently are spelled out in a Public Notice.o]f {O%"ԍpSee Public Notice, 53 Fed. Reg. 5988, February29, 1988.o ANS and IBM support the proposed record  XO3 W \retention rules.h^O {O"ԍpSee ANS comments at 7; IBM reply comments at 67.h IBM asserts that complete documentation is an essential part of the  W Commission's compliance scheme. AT&T opposes this proposal, arguing that specifying the  W |information to be retained would be counterproductive because Commission action would be  X 3 W needed to modify the required information.P_ 2  {O"ԍpSee AT&T comments at 78.P AT&T adds that under the current rules the  W kinformation retention requirements could be readily changed under authority delegated to the  X3Chief, Office of Engineering and Technology.`  yOQ#" pԍpThe record retention requirements are also specified in a measurement procedure, American National  W YStandard Institute (ANSI) C63.41992, entitled "Methods of Measurement of RadioNoise Emissions from Low W 'Voltage Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz," published by the Institute of  W Electrical and Electronics Engineers, Inc. on July 17, 1992, as document number SH15180. This procedure is  {Oq&"incorporated into the rules by reference. See 47 CFR  15.31(a) (1995). "v`,-(-(ZZ^"Ԍ p<p'40. In order to ensure that all parties retain the appropriate records for verified  X3 W equipment, the Commission believes that these information retention requirements should be set  X3 W forth clearly in the rules. As indicated in the Notice, the information proposed to be included  W 7in the rules is the same verification information that has been required since February 29, 1988.  W HCurrently, the measurement procedure in which the record retention requirements are described  W Kis incorporated by reference into the regulations along with the publication date of the  Xx3 W 7procedure.Pax {O"ԍpSee 47 CFR  15.31(a).P Incorporation into the rules of a new version of that measurement procedure thus  Xa3 W would be subject to the procedures specified under the Administrative Procedure Act.pbaZ {Ol "ԍpSee 5 U.S.C.  553 and 47 CFR  0.31 and 0.241.p The  W Commission also notes that this measurement procedure only applies to products operated under  W (Part 15. However, some products operated under Part 18 of the rules are also subject to  W Gauthorization under the verification procedure. The record retention requirements for verified Part  W K18 devices are described only in the Public Notice mentioned above. Accordingly, the  W Commission concludes that the information retention requirements should be specified in the regulations and is amending the rules as proposed.  p:p(41. As an additional point, CBEMA, with agreement from AT&T, also requests that  W verified devices be excluded from inclusion under the record retention requirements in 47 CFR  W Section 2.938, adding that the record retention requirements for verified devices are already  Xd3 W addressed in Section 2.955.icd {O"ԍpSee CBEMA comments at 5; AT&T reply comments at 6.i The Commission sees no apparent inconsistencies or additional  W Zinformation gathering or storage requirements from including verified products under Section  W 2.938 as well as under Section 2.955. Any product that meets the record retention requirements  W in Section 2.955 will also comply with the requirements in Section 2.938. These two sections  W Yare not necessarily duplicative. Section 2.938 contains a general requirement to maintain copies  W of the design drawings, test procedures and measurement data, whereas Section 2.955 contains  W detailed requirements as to the exact records that must be maintained for products authorized  X3 W under the verification procedure.?d~ {O" p~ԍpSee 47 CFR  2.955. The record retention requirements for verified products are similar to the record  {O"retention requirement for products subject to authorization under a Declaration of Conformity. See 47 CFR 2.1075.? For equipment authorization procedures where a grant of  X3 W 6authorization is issued by the Commission, similar detailed information requirements are specified  X3 W under the application filing requirements.[e {O ""ԍpSee, for example, 47 CFR  2.983.[ However, no application for a grant of equipment  W authorization is submitted for verified equipment. Rather, this information is retained by the  W responsible party. The Commission, however, is amending Section 2.938(c) to reflect the  W }existing requirements regarding how long records must be retained for different equipment"Pl e,-(-(ZZ7"  X3authorization procedures. f {Oy" pJԍpSee the record retention requirements in 47 CFR  2.955(b), 2.975(g), and 2.1075(c) (1995) for products subject to authorization under notification, verification or a declaration of conformity.   X3Other Issues  p(p)42. The Commission also proposed two additional clarifications to the rules: 1)as with  W any request for authorization, an antidrug abuse statement is required with requests for  W permissive changes; and 2)proper labelling of a product is a condition of the grant of equipment  X_3 W authorization and such labelling is required prior to marketing.Qg_" {O2 "ԍpSee Notice at footnote 19.Q In addition, the Commission  W proposed to remove outdated regulations, such as references to type approval, which is no longer  W employed; to combine duplicative rules into single rule sections; and to correct erroneous rule  W Ycitations. No comments were filed in response to these proposals. The Commission continues  X 3to believe that these changes are desirable and adopts them as proposed in the Notice.  pp*43. Several other rule sections in Part 2 contain errors. These sections, and the changes being made, are:  p[XpSection 2.925(b)(4) and (f): remove the colon (":") from between the label "FCC ID" and the FCC Identifier, consistent with Section 2.925(a) and (b).(#  pXpSection 2.929(b)(1): clarify that the "name and number" referenced in the rules refers to the FCC Identifier.(#  pXpSection 2.933(a) and (c): clarify that a change in identification requiring a new application for equipment authorization refers to a change in the FCC Identifier.(#  pXpSection 2.936(a): clarify the specific sections referencing a grant of equipment authorization.(#  p]XpSection 2.941(a): clarify that only information regarding applications for a grant of equipment authorization are readily available from the Commission.(# XpSection 2.954: delete the reference to type approval.(#  X"3  pXpSection 2.955(a)(3)(vii): indicate that drawings may be substituted for photographs, consistent with current policy.(#  pXpSections 2.983(h) and 2.1033(b)(10): delete these paragraphs referencing the EBS  X!3decoder rules which are now addressed in Part 11 of the rules.(#"!g,-(-(ZZ$"Ԍ W |ԙSince these changes to the rules involve minor or merely technical amendments, public notice  W and comment on these changes are unnecessary pursuant to Section 553(b)(3)(B) of the  X3Administrative Procedure Act.Hh {OK"ԍpSee 5 USC 553(b).H  X3 jADMINISTRATIVE ă   X_3 pJp+44. Final Regulatory Flexibility Analysis. As required by Section 603 of the Regulatory  W Flexibility Act, 5 U.S.C.  603 ("RFA"), an Initial Regulatory Flexibility Analysis ("IRFA") was  X13 W incorporated into the Notice of Proposed Rule Making ("Notice"), in ET Docket No. 9445.Qi1Z {O< "ԍpSee 9 FCC Rcd 2702 (1994).Q  X 3 W &The Commission sought written public comments on the proposals in the Notice, including the  W IRFA. The Commission's Final Regulatory Flexibility Analysis ("FRFA") in this Report and  W Order conforms to the RFA, as amended by the Contract With America Advancement Act of  X 31996 (CWAAA), Pub. L. No. 104121, 110 Stat. 847 (1996).j  yOv" pԍpSubtitle II of the CWAAA is "The Small Business Regulatory Enforcement Fairness Act of 1996"  {O>"(SBREFA), codified at 5 U.S.C.  601 et seq.  X 3 p~p,45. Need For and Objective of the Rules. Our objectives are to facilitate the marketing  W 9and early use of radio frequency (RF) devices by permitting vendors, manufacturers, and  W Gimporters to market such devices prior to a demonstration of compliance with applicable technical  W jstandards and equipment authorization procedures, and to promote efficiency and equity in our  W rules by requiring that any party that modifies an RF device be responsible for ensuring  W compliance with applicable technical standards. This action will also facilitate the retrieval of  W kRF device test records by the Commission, remove outdated regulations, and correct existing errors and ambiguities in the rules.  X3 pp-46. Summary of Significant Issues Raised by Public Comments in Response to the IRFA.  W No comments were submitted in direct response to the IRFA. However, Alcatel Network  W (Systems, Inc. (ANS), AT&T Corp., Computer and Business Equipment Manufacturer's  W Association (CBEMA) and International Business Machines Corp. (IBM) suggested changes to  W Iour proposed reporting and record keeping requirements for modified RF devices. ANS and  W 6CBEMA oppose the proposal that a party modifying equipment be required to label the modified  XV3 W equipment with additional information, i.e., the name, address and telephone number of the party  W 6performing the modifications. AT&T, with support from ANS, CBEMA and IBM, requests that  W the party modifying the equipment not be required to obtain and retain the original equipment design drawings.  X3 pp.47. Description and Estimate of the Number of Small Entities to Which the Rules Will  X 3 W Apply. For the purposes of this Order, the RFA defines a "small business" to be the same as a" Fj,-(-(ZZ$"  W "small business concern" under the Small Business Act, 15 U.S.C.  632, unless the Commission  X3 W has developed one or more definitions that are appropriate to its activities.k {Ob" pԍpSee 5 U.S.C.  601(3) (incorporating by reference the definition of "small business concern" in 5 U.S.C. 632). Under the Small  W {Business Act, a "small business concern" is one that: (1) is independently owned and operated;  W 7(2) is not dominant in its field of operation; and (3) meets any additional criteria established by  X3 W mthe Small Business Administration (SBA).Nl" {Ow"ԍpSee 15 U.S.C.  632.N These new rules will apply to computer  X3 W manufacturers and other RF device manufacturers as well as those entities that modify and market RF equipment.  pp(a) Computer Manufacturers: According to SBA regulations, a computer manufacturer  X13 W must have 1,000 or fewer employees in order to qualify as a small entity.`m1 {O"ԍpSee 13 CFR  121.201, (SIC) code 3571.` Census Bureau data  W 7indicates that there are 716 firms that manufacture electronic computers and of those, 659 have  X 3 W fewer than 500 employees and qualify as small entities.3nZ F {O" pԍpSee U.S. Small Business Administration 1995 Economic Census Industry and Enterprise Report, Table 3,  W SIC Code 3571, (Bureau of the Census data adapted by the Office of Advocacy of the U.S. Small Business Administration).3 The remaining 57 firms have 500 or  W more employees; however, we are unable to determine how many of those have fewer than 1,000 employees and therefore also qualify as small entities under the SBA definition.  pp(b) RF Equipment Manufacturers: The Commission has not developed a definition of  W small entities applicable to RF equipment manufacturers. Therefore, we will utilize the SBA  Xy3 W definition applicable to manufacturers of Radio and Television Broadcasting and Communications  W jEquipment. According to the SBA's regulations, an RF equipment manufacturer must have 750  XK3 W or fewer employees in order to qualify as a small business concern.coKh  {Od"ԍpSee 13 C.F.R.  121.201, (SIC) Code 3663.c Census Bureau data  W indicates that there are 858 U.S. companies that manufacture radio and television broadcasting  W and communications equipment, and that 778 of these firms have fewer than 750 employees and  X3 W Hwould be classified as small entities.p  {O " pԍpSee U.S. Dept. of Commerce, 1992 Census of Transportation, Communications and Utilities (issued May 1995), SIC category 3663. The Census Bureau category is very broad, and specific  X3 W figures are not available as to how many of these firms are manufacturers of RF devices. However, we believe that many of them may qualify as small entities.  X3 p*p/48. The Commission has not developed a definition of small entities applicable to  W 8services which are related specifically to RF devices. Therefore, the applicable definition of  W small entity is the definition under the Small Business Administration (SBA) rules applicable"|T p,-(-(ZZJ"  W to Communications Services, Not Elsewhere Classified. This definition provides that a small  X3 W entity is expressed as one with $11.0 million or less in annual receipts.q {Ob"ԍpSee 13 C.F.R.  121.201, Standard Industrial Classification (SIC) Code 4899. The Census Bureau  W data indicates that of the 848 firms in the "Communications Services, Not Elsewhere Classified"  X3 W 'category, 775 are small businesses.4rZZ {O" p'ԍpSee U.S. Small Business Administration 1995 Economic Census Industry and Enterprise Report, Table 2D,  W SIC Code 3571, (Bureau of the Census data adapted by the Office of Advocacy of the U.S. Small Business Administration).4 We estimate that under this definition the majority of entities that market and modify RF devices may be small entities.  Xv3 pp049. Description of Projected Reporting, Recordkeeping and Other Compliance  Xa3 W HRequirements. Our new rules transfer the responsibility for ensuring that a modified RF device  W complies with our technical standards from the vendor, manufacturer, or importer to the  W modifying party. However, requirements to measure the equipment to show that it continues to  W comply with these standards are consistent with the former rules. Further, even under the former  W rules while they were not clearly defined a party modifying an RF device was required to  W {retain its measurement data showing that the modified device complied with these standards. A  W modifying party must also label the equipment with its name, address and telephone number,  W &unless it obtains a new authorization for the modified equipment. The type of skills needed to label equipment is usually clerical.  pp150. Under our new rules greater flexibility will be provided to vendors, manufacturers,  W 'and importers, thus decreasing the regulatory burden on such entities. Further, when an RF  W device is modified, any increased reporting and record keeping requirement imposed on the  W modifying party will be offset by a decreased reporting requirement on the vendor, manufacturer,  W or importer. Moreover, there is no requirement that any RF device be modified. Therefore, to  W the extent that a small entity chooses to modify an RF device, it is because that entity believes  W the benefits of modifying the device outweigh its costs, including reporting and record keeping requirements.  X3 pKp251. Significant Alternatives and Steps Taken to Minimize Significant Economic Impact  X3 W on a Substantial Number of Small Entities Consistent with Stated Objectives. As proposed in the  X3 W YNotice, any entity that remanufactures or otherwise modifies an authorized RF device would be  W designated as responsible for ensuring that the device continues to comply with our applicable  W |technical standards, and would be required to retain records of its modification relative to the  W original design drawings. However, after reviewing comments, we conclude that it is  W unnecessary for the modifying party to obtain the original design drawings. Accordingly, in this  W kReport and Order, we are requiring only that the modifying party retain records showing the  W changes made to the device, together with test records demonstrating that the device continues  X3 W to comply with the applicable standards.as| {O'"ԍpSee paras. 2829 of this Report and Order.a We also are changing another proposal in the Notice"s,-(-(ZZ""  W Zby not requiring that a modified RF device be labelled with the name, address, and telephone  W Ynumber of the modifying party, provided the party performing the modifications obtains a new  W jequipment authorization. These changes will reduce the impact of our new regulations on small entities.  X3 pp352. Report to Congress. The Commission shall send a copy of this Final Regulatory  W Flexibility Analysis, along with this Report and Order, in a report to Congress pursuant to the  W Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.  801(a)(1)(A). A copy of this FRFA will also be published in the Federal Register.  X 3 ORDERING CLAUSE ă  pp453. Accordingly, IT IS ORDERED that Part 2 of the Commission's Rules and  W Regulations IS AMENDED as specified in Appendix B, effective 30 days after publication in the  W Federal Register. This action is taken pursuant to sections 4(i), 302, 303(c), (f), (g), and (r) of  W the Communications Act of 1934, as amended, 47 U.S.C. sections 154(i), 302, 303(c), (f), (g), and (r). p` `  hh+FEDERAL COMMUNICATIONS COMMISSION p` `  hh+William F. Caton  X3 hh+Acting Secretary"s,-(-(ZZ"  X3 APPENDIX A  X3rCommenting Parties ă  X31.XpAlcatel Network Systems, Inc. (ANS)(#  X32.XpAMSC Subsidiary Corporation (AMSC)(#  Xv33.XpAssociation for Maximum Service Television, Inc. (MSTV)(#  X_34.XpAT&T Corporation (AT&T)(#  XH35. XpComputer & Business Equipment Manufacturer's Association (CBEMA)(#  X136. XpDigital Microwave Corporation (DMC)(#  X 37. XpE. F. Johnson Company(#  X 38. XpConsumer Electronics Group of the Electronic Industries Association (EIA/CEG)(#  X 39. XpEricsson Corporation (Ericsson)(#  X 310. XpGeneral Electric Lighting (GEL)(#  X 311. XpInternational Business Machines Corporation (IBM)(#  X 312. XpItron, Inc. (Itron)(#  X313. XpNational Association of Broadcasters (NAB)(#  Xy3 p14. XpMobile and Personal Communications Private Radio Section of the Telecommunications Industry Association (TIA)(#  XK315. XpUniden America Corporation (Uniden)(#  X3  Reply Comments ă  X31.XxAlcatel Network Systems, Inc. (ANS)(#  X32.XxAssociation for Maximum Service Television, Inc. (MSTV)(#  X33.XxAT&T Corporation (AT&T)(#  X34.XxConsumer Electronics Group of the Electronic Industries Association (EIA/CEG)(#  X35.XxEricsson Corporation (Ericsson)(#  X|36.XxInternational Business Machines Corporation (IBM)(#  Xe37.XxNorthern Telecom Inc.(# "Ns,-(-(ZZ"  X3 3'3'Standard3'3'Current Windows Form݌X c*APPENDIX B Ã  X3 T ă Title 47 of the Code of Federal Regulations, Part 2, is amended as follows: 1. The authority citation for Part 2 continues to read as follows:  Xv3  "x AUTHORITY: Sections 4, 302, 303, and 307 of the Communications Act of 1934,  X_3as amended, 47 U.S.C. Sections 154, 154(i), 302, 303, 303(r), and 307, unless otherwise noted. 2. Section 2.803 is deleted. 3. A new Section2.803 is added to read as follows:  X 3Section 2.803 Marketing of Radio Frequency Devices Prior to Equipment Authorization.  :x(a) Except as provided elsewhere in this section, no person shall sell or lease, or offer  Pw"'for sale or lease (including advertising for sale or lease), or import, ship, or distribute for the purpose of selling or leasing or offering for sale or lease, any radio frequency device unless:  x(1) In the case of a device subject to type acceptance, certification, or notification, such  Pw"device has been authorized by the Commission in accordance with the rules in this chapter and  Pw"is properly identified and labelled as required by 2.925 and other relevant sections in this chapter; or  Jx(2) In the case of a device that is not required to have a grant of equipment authorization  Pw"jissued by the Commission, but which must comply with the specified technical standards prior  Pw"jto use, such device also complies with all applicable administrative (including verification of the  Pw"equipment or authorization under a Declaration of Conformity, where required), technical, labelling and identification requirements specified in this chapter.  x(b) The provisions of paragraph (a) do not prohibit conditional sales contracts between  Pw"manufacturers and wholesalers or retailers where delivery is contingent upon compliance with  Pw"the applicable equipment authorization and technical requirements, nor do they prohibit  Pw"|agreements between such parties to produce new products, manufactured in accordance with designated specifications.  (x(c) Notwithstanding the provisions of paragraphs (a) and (b), above, and paragraphs (d)  X!3 Pw"&and (f) below, a radio frequency device may be advertised or displayed, e.g., at a trade show or  Pw"exhibition, prior to equipment authorization or, for devices not subject to the equipment  Pw"{authorization requirements, prior to a determination of compliance with the applicable technical  Xl$3 Pw"}requirements provided that the advertising contains, and the display is accompanied by, a conspicuous notice worded as follows:  XxThis device has not been authorized as required by the rules of the Federal")'s,-(-(ZZ*"  "=Communications Commission. This device is not, and may not be, offered for sale or lease, or sold or leased, until authorization is obtained.(#  "(1) If the product being displayed is a prototype of a product that has been properly  xauthorized and the prototype, itself, is not authorized due to differences between the prototype  xand the authorized product, the following disclaimer notice may be used in lieu of the notice stated in paragraph (c) above: XPrototype. Not for sale.(#  "A(2) Except as provided elsewhere in this chapter, devices displayed under the provisions of this paragraph may not be activated or operated.  X 4 "N (d) Notwithstanding the provisions of paragraph (a), the offer for sale solely to business,  xcommercial, industrial, scientific or medical users (but not an offer for sale to other parties or  xto end users located in a residential environment) of a radio frequency device that is in the  xhconceptual, developmental, design or preproduction stage is permitted prior to equipment  xauthorization or, for devices not subject to the equipment authorization requirements, prior to a  Xb4 xdetermination of compliance with the applicable technical requirements provided that the  xprospective buyer is advised in writing at the time of the offer for sale that the equipment is  xsubject to the FCC rules and that the equipment will comply with the appropriate rules before  xdelivery to the buyer or to centers of distribution. If a product is marketed in compliance with  xthe provisions of this paragraph, the product does not need to be labelled with the statement in paragraph (c) of this section.  "(e) Notwithstanding the provisions of paragraph (a), prior to equipment authorization or  x+determination of compliance with the applicable technical requirements any radio frequency  xdevice may be operated, but not marketed, for the following purposes and under the following conditions: (1) Compliance testing;  "(2) Demonstrations at a trade show provided the notice contained in paragraph(c) of this section is displayed in a conspicuous location on, or immediately adjacent to, the device;  "(3) Demonstrations at an exhibition conducted at a business, commercial, industrial,  xscientific, or medical location, but excluding locations in a residential environment, provided the  xnotice contained in paragraph(c) or (d) of this section, as appropriate, is displayed in a conspicuous location on, or immediately adjacent to, the device;  "(4) Evaluation of product performance and determination of customer acceptability,  xprovided such operation takes place at the manufacturer's facilities during developmental, design or preproduction states; or "%'s,-(-(ZZ%"Ԍ "(5) Evaluation of product performance and determination of customer acceptability where  x/customer acceptability of a radio frequency device cannot be determined at the manufacturer's  xfacilities because of size or unique capability of the device, provided the device is operated at  xa business, commercial, industrial, scientific, or medical user's site, but not at a residential site,  xduring the development, design or preproduction stages. A product operated under this provision shall be labelled, in a conspicuous location, with the notice in paragraph (c) of this section.  "(6) For the purpose of paragraphs (e)(4) and (e)(5) of this section, the term  xV"manufacturer's facilities" includes the facilities of the party responsible for compliance with the  xregulations and the manufacturer's premises, as well as the facilities of other entities working  xunder the authorization of the responsible party in connection with the development and manufacture, but not marketing, of the equipment.  "(7) The provisions of paragraphs (e)(1), (e)(2), (e)(3), (e)(4), and (e)(5) of this section  xdo not eliminate any requirements for station licenses for products that normally require a license  x to operate, as specified elsewhere in this chapter. Manufacturers should note that station licenses  X4 xare not required for some products, e.g., products operating under Part 15 of this chapter and certain products operating under Part 95 of this chapter.  "h(8) Marketing, as used in this section, includes sale or lease, or offering for sale or lease,  xincluding advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease.  "(9) Products operating under the provisions of this paragraph shall not be recognized to  xhave any vested or recognizable right to continued use of any frequency. Operation is subject  xVto the conditions that no harmful interference is caused and that any interference received must  xJbe accepted. Operation shall be required to cease upon notification by a Commission  xrepresentative that the device is causing harmful interference and shall not resume until the condition causing the harmful interference is corrected.  ",(f) For radio frequency devices subject to verification and sold solely to business,  xcommercial, industrial, scientific, and medical users (excluding products sold to other parties or  xfor operation in a residential environment), parties responsible for verification of the devices shall  xhave the option of ensuring compliance with the applicable technical specifications of this chapter  xat each end user's location after installation, provided that the purchase or lease agreement  xincludes a proviso that such a determination of compliance be made and is the responsibility of  X 4 xthe party responsible for verification of the equipment. If the purchase or lease agreement  xcontains this proviso and the responsible party has the product measured to ensure compliance  xat the end user's location, the product does not need to be labelled with the statement in paragraph (c) of this section.  "~(g) The provisions in paragraphs (b) (f) of this section apply only to devices that are  x/designed to comply with, and to the best of the responsible party's knowledge will, upon testing,  xcomply with all applicable requirements in this chapter. The provisions in paragraphs (b) (f)"%'s,-(-(ZZ%"  xdo not apply to radio frequency devices that could not be authorized or legally operated under  xthe current rules. Such devices shall not be operated, advertised, displayed, offered for sale or  xVlease, sold or leased, or otherwise marketed absent a license issued under Part 5 of this chapter or a special temporary authorization issued by the Commission.  "(h) The provisions in Subpart K of this Part continue to apply to imported radio frequency devices. 4. Section 2.805 is deleted. 5. Section 2.806 is deleted.  X 4 6. Section 2.807 is amended by revising the introductory paragraph, to read as follows:  X 4Section 2.807 Statutory exceptions.  "[As provided by Section 302(c) of the Communications Act of 1934, as amended, 2.803 shall not be applicable to: * * * * * 7. Section 2.809 is deleted. 8. Section 2.811 is revised to read as follows:  X4Section 2.811 Transmitters operated under Part 73.  "dSection 2.803(a) through (d) shall not be applicable to a transmitter operated in any of  xthe Radio Broadcast Services regulated under Part 73 of this chapter, provided the conditions set  xpout in Part 73 of this chapter for the acceptability of such transmitter for use under licensing are met. 9. Section 2.813 is revised to read as follows:  X4Section 2.813 Transmitters operated in the Instructional Television Fixed Service.  "mSection 2.803(a) through (d) shall not be applicable to a transmitter operated in the  xInstructional Television Fixed Service regulated under Part 74 of this chapter, provided the  xconditions in  74.952 of this chapter for the acceptability of such transmitter for licensing are met. 10. Section 2.815 is amended by revising paragraphs (d) and (e), to read as follows:  X)'4Section 2.815 External radio frequency power amplifiers.")' s,-(-(ZZ%"Ԍ * * * * *  "(d) The proscription in paragraph (b) of this section shall not apply to the marketing, as  xdefined in that paragraph, by a licensed amateur radio operator to another licensed amateur radio  x"operator of an external radio frequency power amplifier fabricated in not more than one unit of  xEthe same model in a calendar year by that operator provided the amplifier is for the amateur  x"operator's personal use at his licensed amateur radio station and the requirements of 97.315 and 97.317 of this chapter are met.  "(e) The proscription in paragraph (c) of this section shall not apply to the marketing, as  xdefined in that paragraph, by a licensed amateur radio operator to another licensed amateur radio  xoperator of an external radio frequency power amplifier if the amplifier is for the amateur  x"operator's personal use at his licensed amateur radio station and the requirements of 97.315 and 97.317 of this chapter are met.  x11. Section 2.901 is amended by deleting the references in paragraphs (a) and (b) to "type approval". 12. Section 2.903 is deleted.  x13. Section 2.909 is amended by adding language to the end of paragraphs (a) and (b) and by adding new paragraphs (c)(3) and (d) to read as follows:  X4Section 2.909 Responsible party.  " (a) * * * If the radio frequency equipment is modified by any party other than  xthe grantee and that party is not working under the authorization of the grantee pursuant to  x2.929(b) of this chapter, the party performing the modification is responsible for compliance of the product with the applicable administrative and technical provisions in this chapter.  "m(b) * * * If subsequent to manufacture and importation, the radio frequency  xIequipment is modified by any party not working under the authority of the responsible party, the party performing the modification becomes the new responsible party. * * * * *  "(c)(3) If the radio frequency equipment is modified by any party not working under the  xauthority of the responsible party, the party performing the modifications, if located within the  xVU.S., or the importer, if the equipment is imported subsequent to the modifications, becomes the new responsible party.  "(d) If, because of modifications performed subsequent to authorization, a new party  xbecomes responsible for ensuring that a product complies with the technical standards and the  xunew party does not obtain a new equipment authorization, the equipment shall be labelled,"%'!s,-(-(ZZ%"  xfollowing the specifications in 2.925(d) of this chapter, with the following: "This product has  xbeen modified by [insert name, address and telephone number of the party performing the modifications]." 14. Section 2.913 is amended by revising paragraph (a), to read as follows:  Xv4 xSection 2.913 Submittal of equipment authorization application or information to the  Xa4Commission.  "(a) Unless otherwise directed, applications with fees attached for the equipment  xauthorization, pursuant to  1.1103 of this chapter, must be submitted following the procedures  xdescribed in  0.401(b) of this chapter. The address for applications submitted by mail is:  xAFederal Communications Commission, Equipment Approval Services, P. O. Box 358315,  x_Pittsburgh, PA 152515315. If the applicant chooses to make use of an air courier/package  xdelivery service, the following address must appear on the outside of the package/envelope:  xFederal Communications Commission, c/o Mellon Bank, Three Mellon Bank Center, 525 William  x'Penn Way, 27th floor, Room 1532713, Pittsburgh, Pennsylvania 152590001, Attention: Wholesale Lockbox Supervisor. * * * * *  x15. Section 2.915 is amended by deleting the reference to "type approval" in paragraphs (a) and (c). 16. Section 2.917 is amended by deleting paragraph (d). 17. Section 2.924 is revised to read as follows:  X4 xMSection 2.924 Marketing of electrically identical equipment having multiple trade names and  Xk4models or type numbers under the same FCC Identifier.  "The grantee of an equipment authorization may market devices having different  xmodel/type numbers or trade names without additional authorization from the Commission,  xprovided that such devices are electrically identical and the equipment bears an FCC Identifier  xvalidated by a grant of equipment authorization. A device will be considered to be electrically  xidentical if no changes are made to the device authorized by the Commission, or if the changes  xmade to the device would be treated as class I permissive changes within the scope of  X!4 x<2.1001(b)(1) and 2.1043(b)(1) of this chapter. Changes to the model number or trade name  xby anyone other than the grantee, or under the authorization of the grantee, shall be performed following the procedures in 2.933 of this chapter.  xR18. Section 2.925 is amended by deleting paragraph(g) and subparagraphs (g)(1)-(g)(3), by revising subparagraph(b)(4), and by revising paragraphs(d) and (f), to read as follows: "+'"s,-(-(ZZ%"Ԍ X4Section 2.925 Identification of equipment.  * * * * * \  "(b)(4) For a transceiver, the receiver portion of which is subject to verification pursuant  xto 15.101 of this chapter, the FCC Identifier required for the transmitter portion shall be preceded by the term "FCC ID". (c) [Reserved]  "4(d) In order to validate the grant of equipment authorization, the nameplate or label shall  xIbe permanently affixed to the equipment and shall be readily visible to the purchaser at the time of purchase.  * * * * *\  "~(f) The term "FCC ID" and the coded identification assigned by the Commission shall  xbe in a size of type large enough to be readily legible, consistent with the dimensions of the  xequipment and its nameplate. However, the type size for the FCC Identifier is not required to be larger than eightpoint.  * * * * *\  x+19. Section 2.926 is amended by changing the reference in paragraph(e) from " 15.69" to "15.101".  x"20. Section 2.927 is amended by deleting paragraph (d) and by revising paragraphs (a) and (b) to read as follows:  X94Section 2.927 Limitations on grants.  "\(a) A grant of equipment authorization is valid only when the FCC Identifier is  xIpermanently affixed on the device and remains effective until revoked or withdrawn, rescinded, surrendered, or a termination date is otherwise established by the Commission.  " (b) A grant of an equipment authorization signifies that the Commission has determined  xthat the equipment has been shown to be capable of compliance with the applicable technical  xstandards if no unauthorized change is made in the equipment and if the equipment is properly  xumaintained and operated. The issuance of a grant of equipment authorization shall not be  xconstrued as a finding by the Commission with respect to matters not encompassed by the Commission's rules, especially with respect to compliance with 18 U.S.C. 2512. "''#s,-(-(ZZ%"Ԍ(c) * * * 21. Section 2.929 is amended by revising paragraph (b)(1), to read as follows:  X4Section 2.929 Nonassignability of an equipment authorization. * * * * *  "(b)(1) The equipment manufactured by such second party bears the identical FCC Identifier as set out in the grant of the equipment authorization.  "NOTE: Any change in the FCC Identifier desired as a result of such production or  xmarketing agreement will require the filing of a new application for an equipment authorization as specified in 2.933. * * * * * 22. Section 2.931 is revised to read as follows:  XM4Section 2.931 Responsibility of the grantee.  "uIn accepting a grant of an equipment authorization, the grantee warrants that each unit of  xequipment marketed under such grant and bearing the identification specified in the grant will  xqconform to the unit that was measured and that the data (design and rated operational  xcharacteristics) determined by the grantee for notification or filed with the application for type  xacceptance or certification continues to be representative of the equipment being produced under  xsuch grant within the variation that can be expected due to quantity production and testing on a statistical basis. 23. Section 2.932 is amended by adding a new paragraph (f), to read as follows:  X;4Section 2.932 Modification of equipment. * * * * *  "(f) All requests for permissive changes submitted to the Commission must be accompanied by the anti-drug abuse certification required under 1.2002 of this chapter.  x24. Section 2.933 is amended by revising paragraphs (a) and (c) and subparagraph (b)(7) to read as follows:  XW%4Section 2.933 Change in identification of equipment.  "(a) A new application for equipment authorization shall be filed whenever there is a"+'$s,-(-(ZZ%"  xchange in the FCC Identifier for the equipment with or without a change in design, circuitry or  x'construction. However, a change in the model/type number or trade name performed in  xEaccordance with the provisions in 2.924 of this chapter is not considered to be a change in identification and does not require additional authorization from the Commission. (b) * * * * * * * *  "m(7) In the case of certified equipment, the photographs required by 2.1033(b)(7)  xshowing the exterior appearance of the equipment, including the operating controls available to  xVthe user and the identification label. Photographs of the construction, the component placement  x+on the chassis, and the chassis assembly are not required to be submitted unless specifically requested by the Commission.  "(c) If the change in the FCC Identifier also involves a change in design or circuitry  xVwhich falls outside the purview of a permissive change described in 2.977, 2.1001 or 2.1043, a complete application shall be filed pursuant to 2.911.  x25. Section 2.934 is amended by changing the reference at the end of the text from "2.910(b)" to "2.913(b)". 26. Section 2.936 is revised to read as follows:  X4Section 2.936 FCC inspection.  "Upon reasonable request, each responsible party shall submit the following to the Commission or shall make the following available for inspection: (a) The records required by 2.938, 2.955, and 2.1075. (b) A sample unit of the equipment covered under an authorization. (c) The manufacturing plant and facilities. 27. Section 2.938 is revised to read as follows:  X!4Section 2.938 Retention of records.  "(a) For each equipment subject to the Commission's equipment authorization standards, the responsible party shall maintain the records listed below:  "h(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."''%s,-(-(ZZ%"Ԍ "ԙ(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.  "(b) The provisions of paragraph (a) of this section shall also apply to a manufacturer of  x8equipment produced under the provisions of 2.929(b) of this chapter. The retention of the  xIrecords by the manufacturer under these circumstances shall satisfy the grantee's responsibility under paragraph(a) of this section.  "(c) The records listed in paragraph (a) of this section shall be retained for one year for  xequipment subject to authorization under the type acceptance or certification procedure, or for  x3two years for equipment subject to authorization under any other procedure, after the manufacture  x/of said equipment has been permanently discontinued, or until the conclusion of an investigation  xor a proceeding if the responsible party (or under paragraph (b) of this section the manufacturer)  xis officially notified that an investigation or any other administrative proceeding involving its equipment has been instituted.  "(d) If radio frequency equipment is modified by any party other than the original  xresponsible party, and that party is not working under the authorization of the original responsible  xparty, the party performing the modifications is not required to obtain the original design  xdrawings specified in paragraph (a)(1) of this section. However, the party performing the  xcmodifications must maintain records showing the changes made to the equipment along with the  xrecords required in paragraphs (a)(3) of this section. A new equipment authorization may also be required. See, for example, 2.909, 2.924, 2.933, and 2.1043. 28. Section 2.941 is amended by revising paragraphs (a) and (b), to read as follows:  Xe4Section 2.941 Availability of information relating to grants.  "h(a) Grants of equipment authorization, other than for receivers and equipment authorized  xEfor use under Part 15 or 18 of this chapter, will be publicly announced in a timely manner by  xthe Commission. Information about the authorization of a device using a particular FCC  xIdentifier may be obtained by contacting the Commission's Office of Engineering and Technology Laboratory.  "(b) Information relating to equipment authorizations, such as data submitted by the  xapplicant in connection with an authorization application, laboratory tests of the device, etc., shall be available in accordance with 0.4410.470 of this chapter.  x829. Section 2.953 is amended by revising the title and paragraphs (a), (b) and (d) to read as follows: "%'&s,-(-(ZZ%"Ԍ X4Section 2.953 Responsibility for compliance.  "(a) In verifying compliance, the responsible party, as defined in 2.909 of this chapter,  xcwarrants that each unit of equipment marketed under the verification procedure will be identical  xto the unit tested and found acceptable with the standards and that the records maintained by the  xresponsible party continue to reflect the equipment being produced under such verification within the variation that can be expected due to quantity production and testing on a statistical basis.  "(b) The importer of equipment subject to verification may upon receiving a written  xRstatement from the manufacturer that the equipment complies with the appropriate technical  xstandards rely on the manufacturer or independent testing agency to verify compliance. The test  xrecords required by 2.955 however should be in the English language and made available to the Commission upon a reasonable request, in accordance with 2.956 of this chapter. (c) * * *  "(d) Verified equipment shall be reverified if any modification or change adversely affects  xthe emanation characteristics of the modified equipment. The party designated in 2.909 of this chapter bears responsibility for continued compliance of subsequently produced equipment. 30. Section 2.954 is revised to read as follows:  X4Section 2.954 Identification.  "Devices subject only to verification shall be uniquely identified by the person responsible  xfor marketing or importing the equipment within the United States. However, the identification  xshall not be of a format which could be confused with the FCC Identifier required on certified,  x8notified or type accepted equipment. The importer or manufacturer shall maintain adequate identification records to facilitate positive identification for each verified device.  x31. Section 2.955 is amended by revising paragraph (a) and subparagraph (a)(3) to read as follows:  X 4Section 2.955 Retention of records.  "(a) For each equipment subject to verification, the responsible party, as shown in 2.909 of this chapter, shall maintain the records listed below: * * * * *  "(3) A record of the measurements made on an appropriate test site that demonstrates compliance with the applicable regulations. The record shall: (i) Indicate the actual date all testing was performed.")''s,-(-(ZZ%"Ԍ "ԙ(ii) State the name of the test laboratory, company, or individual performing the  x/verification testing. The Commission may request additional information regarding the test site,  xthe test equipment or the qualifications of the company or individual performing the verification tests.  "(iii) Contain a description of how the device was actually tested, identifying the measurement procedure and test equipment that was used.  "(iv) Contain a description of the equipment under test (EUT) and support equipment connected to, or installed within, the EUT.  "q(v) Identify the EUT and support equipment by trade name and model number and, if appropriate, by FCC Identifier and serial number.  "(vi) Indicate the types and lengths of connecting cables used and how they were arranged or moved during testing.  "(vii) Contain at least two drawings or photographs showing the test set-up for the highest  xline conducted emission and showing the test set-up for the highest radiated emission. These  x<drawings or photographs must show enough detail to confirm other information contained in the  xltest report. Any photographs used must be focused originals without glare or dark spots and must clearly show the test configuration used.  "B(viii) List all modifications, if any, made to the EUT by the testing company or individual to achieve compliance with the regulations. (ix) Include all of the data required to show compliance with the appropriate regulations.  "(x) Contain, on the test report, the signature of the individual responsible for testing the  xproduct along with the name and signature of an official of the responsible party, as designated in 2.909 of this chapter. * * * * * 32. Section 2.956 is revised to read as follows:  X 4Section 2.956 FCC inspection and submission of equipment for testing. (a) Each responsible party shall upon receipt of reasonable request: (1) Submit to the Commission the records required by 2.955. (2) Submit one or more sample units for measurements at the Commission's Laboratory. "%'(s,-(-(ZZ%"Ԍ "(i) Shipping costs to the Commission's Laboratory and return shall be borne by the responsible party.  "(ii) In the event the responsible party believes that shipment of the sample to the  xCommission's Laboratory is impractical because of the size or weight of the equipment, or the  xpower requirement, or for any other reason, the responsible party may submit a written explanation why such shipment is impractical and should not be required.  "(b) Requests for the submission of the records in 2.955 of this chapter or for the submission of sample units are covered under the provisions of 2.946 of this chapter. 33. Section 2.957 is deleted. 34. Section 2.961 is deleted. 35. Section 2.963 is deleted. 36. Section 2.965 is deleted. 37. Section 2.967 is deleted. 38. Section 2.969 is deleted. 39. Section 2.975 is amended by revising paragraphs (b) and (g), to read as follows:  X4Section 2.975 Application for notification. * * * * *  "(b) The statement required in paragraph (a)(6) of this section shall be signed pursuant to 2.911(c) of this part. * * * * *  "d(g) The records of measurement data, measurement procedures, photographs, circuit  xhdiagrams, etc. for a device subject to notification shall be retained for two years after the  xmanufacture of said equipment has been permanently discontinued, or, if the responsible party  x+is officially notified that an investigation or any other administrative proceeding involving the  xequipment has been instituted prior to the expiration of such two year period, until the conclusion of that investigation or proceeding. * * * * * 40. Section 2.979 is deleted."%')s,-(-(ZZ%"Ԍ xԙ41. Section 2.983 is amended by deleting paragraph (h) and replacing it with [Reserved], and  xby changing the reference in the last sentence in paragraph (i) from "subpart C of part 97" to "SubpartD of Part 97". 42. Section 2.1003 is deleted.  x43. Section 2.1005 is amended by revising paragraphs (a), (c), and (d) and by revising the introductory sentence in subparagraph (c)(4), to read as follows:  X14Section 2.1005 Equipment for use in the Amateur Radio Service.  "#(a) The general provisions of 2.981, 2.983, 2.991, 2.993, 2.997, 2.999, and 2.1001  x/shall apply to applications for, and grants of, type acceptance for equipment operated under the requirements of Part 97 of this chapter, the Amateur Radio Service. * * * * *  ",(c) Any supplier of an external radio frequency power amplifier kit as defined by 97.3(a)(17) of this chapter shall comply with the following requirements: * * * * *  "(4) The identification label required by 2.925 of this part shall be permanently affixed  xto the assembled unit and shall be of sufficient size so as to be easily read. The following information shall be shown on the label: * * * * * * * *  "(d) Type acceptance of external radio frequency power amplifiers and amplifier kits may  xbe denied when denial serves the public interest, convenience and necessity by preventing the use  xof these amplifiers in services other than the Amateur Radio Service. Other uses of these  xcamplifiers, such as in the Citizens Band Radio Service, are prohibited (95.411 of this chapter).  xExamples of features which may result in the denial of type acceptance are contained in 97.317 of this chapter.  x44. Section 2.1033 is amended by deleting paragraph (b)(10) and replacing it with [Reserved], and by changing the reference in subparagraph(b)(11) from " 15.257(e)" to "15.247(e)". 45. Section 2.1045 is deleted. 46. Section 2.1300 is revised to read as follows:  X<&4Section 2.1300 Cross reference. "''*s,-(-(ZZ%"Ԍ "The general provisions of this part, 2.911, 2.923, 2.929, 2.935, 2.936, and 2.946 shall  x"apply to applications for and grants of registration for telephone terminal equipment pursuant to Part 68 of this chapter.