[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Rules and Regulations]
[Pages 36591-36611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17670]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 2, 5, 15, 18, 21, 22, 24, 26, 73, 74, 78, 80,
87, 90, 95, 97, and 101
[ET Docket No. 97-94; FCC 98-58]
Streamlining the Equipment Authorization Process
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is amending its rules to simplify the equipment
authorization processes, deregulate the authorization requirements for
certain types of equipment, and begin implementation of an electronic
filing system for equipment authorization applications. These actions
will greatly reduce the complexity and burden of the Commission's
equipment authorization requirements so that products can be introduced
to the market more rapidly. We believe these actions will greatly
benefit both large and small manufacturers and encourage the
development of innovative products that best meet consumers' needs.
EFFECTIVE DATE: October 5, 1998.
FOR FURTHER INFORMATION CONTACT: Hugh L. Van Tuyl, (202) 418-7506 or
Julius P. Knapp, (202) 418-2468, Office of Engineering and Technology.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
ET Docket 97-94, FCC 98-58, adopted April 2, 1998, and released April
16, 1998. The full text of this Commission decision is available for
inspection and copying during normal business hours in the FCC
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., and
also may be purchased from the Commission's duplication contractor,
International Transcription Service, (202) 857-3800, 1231 20th Street,
N.W. Washington, D.C. 20036.
Summary of the Report and Order
1. On March 13, 1997, the Commission adopted a Notice of Proposed
Rule Making (Notice) 62 FR 24383, May 5, 1997, in the above captioned
proceeding. The Notice proposed to amend parts 2, 15, 18 and other rule
parts to: (1) simplify our existing equipment authorization processes;
(2) deregulate the equipment authorization requirements for certain
types of equipment; and (3) provide for electronic filing of
applications for equipment authorization. The proposals were designed
to reduce the burden of the equipment authorization program on
manufacturers.
2. We are adopting many of the proposed changes to simplify the
authorization process and relax the equipment authorization
requirements for certain devices, as well as making the rule changes
necessary to implement an electronic filing system for applications.
Simplification of Existing Equipment Authorization Processes
3. There are currently five different equipment authorization
procedures specified in Subpart J of Part 2 of the Commission's Rules.
The following is a brief description of each procedure:
Type acceptance calls for the manufacturer or importer to submit a
written application for review and approval by the Commission. The
application must include a complete technical description of the
product and a test report showing compliance with the technical
requirements. The type acceptance procedure has traditionally been
applied to radio transmitters that are used in authorized radio
services, such as commercial and private mobile radio services.
Certification is similar to type acceptance. The manufacturer or
importer must submit a written application that includes a technical
description of the product and a test report showing compliance with
the Commission's technical standards. Certification has traditionally
been used for low power, unlicensed consumer devices that operate under
Parts 15 and 18 of the rules.
Notification requires submittal of a written application, but no
test report is required unless specifically requested by the
Commission. Notification has been used for a variety of products that
demonstrated a good record of compliance, but the Commission found it
appropriate to maintain some degree of oversight.
Declaration of Conformity (DoC) is a relatively new self-approval
procedure that was established in connection with the Commission's
deregulation of the certification requirements for personal computer
equipment. The DoC procedure calls for the manufacturer or importer to
test the equipment to determine compliance with the FCC standards. The
laboratory performing
[[Page 36592]]
the measurements must be accredited by either the National Institute of
Standards and Technology (NIST) or the American Association for
Laboratory Accreditation (A2LA). A copy of the declaration of
conformity, listing the party responsible for compliance, must be
included in the literature furnished with the product.
Verification is also a manufacturer self-approval procedure, but
unlike the DoC procedure does not require use of an accredited test
laboratory and does not require a declaration of compliance to be
supplied with the equipment. Verification has been used primarily for
certain non-consumer devices operating under parts 15 and 18 of the
rules, such as business computers and industrial heating and welding
equipment that use radio frequency energy.
4. In order to reduce the complexity of having so many
authorization procedures, we proposed to reduce the number to three,
which we believe to be the minimum necessary for an effective program.
Specifically, we proposed to eliminate the notification procedure, and
to combine the type acceptance procedure with certification. We
proposed to retain the two self-authorization procedures, verification
and declaration of conformity, although we requested comments on the
possibility of combining them.
Elimination of the Notification Procedure
5. The notification procedure requires the filing of an application
form with the Commission, but it does not require the submittal of any
measurement results. This procedure provides us with a record of the
equipment being marketed, but we do not review any test data to confirm
the compliance of the equipment. We are eliminating the notification
procedure. Equipment currently under the notification procedure will be
placed in the less stringent DoC or verification procedure.
Combining of Type Acceptance and Certification
6. The current certification and type acceptance procedures are
very similar, in that both require the filing of an application form
and technical report, and the filing procedure is the same for both.
The primary difference is that certain technical information filed with
the application is different. In light of this, we believe that it is
more efficient to combine them into a single category. We have found in
our dealings with the public, parties that are less familiar with the
equipment authorization program frequently are confused by the multiple
authorization procedures currently contained in the rules. Having a
single procedure for equipment that must be authorized by the
Commission will make the rules more understandable and thereby promote
compliance. Moreover, we note that the term ``certification'' is
generally used worldwide for a system requiring a third-party product
approval. Accordingly, we are simplifying the rules by combining the
type acceptance and certification procedures into a single procedure
called ``certification''.
Retention of Verification and Declaration of Conformity as Separate
Processes
7. We believe there is merit to retaining verification and DoC as
separate procedures. Verification is clearly appropriate for equipment
that has an excellent record of compliance, where the measurement
methods are well known and understood, and where it is relatively easy
to determine the party responsible for compliance. The Declaration of
Conformity procedure provides added safeguards that are necessary to
ensure compliance for certain products that have a greater potential
for causing interference or where issues about the proper measurement
method may arise. Accordingly, we are making no changes to the
verification and DoC procedures.
Relaxation of the Equipment Authorization Requirements for Certain
Devices
8. Section 302(a) of the Act states, ``* * * governs the
interference potential of devices which in their operation are capable
of emitting radio frequency energy * * *'' Section 302(a) of the Act is
not intended to require a Commission approval for every type of radio
frequency equipment before it can be imported or marketed in the United
States. Rather, it gives the Commission authority to make reasonable
regulations governing the interference potential or radio frequency
devices, consistent with the public interest. We note that the Notice
did not propose to change the technical standards governing radio
frequency devices; only the methods of authorizing certain devices.
Part 15 Devices
9. The current part 15 rules require TV interface devices and
certain receivers to be authorized through the certification procedure.
Other receivers and Cable System Terminal Devices (CSTDs) are required
to be authorized through the notification procedure. The Notice
proposed to change the authorization requirement for TV interface
devices and receivers, except scanning receivers, to DoC. The Notice
also proposed to change the authorization requirement for CSTDs from
notification to certification.
10. VCRs and many receivers are widely deployed, mass-marketed
consumer devices. VCRs that do not comply with the technical standards
have the potential for causing interference to television reception,
because they generate a signal on television frequencies. In addition,
we have occasionally found receivers on the market that do not comply
with the rules. We note that both VCRs and receivers require
measurements of radio emissions that require considerable skill. For
these reasons, we believe that the authorization process for VCRs and
receivers should be relaxed to the DoC procedure, rather than
verification. However, for the time being we will continue to allow
receivers that are contained in a transceiver subject to certification
to be authorized under the verification procedure. We will for now also
provide the option of obtaining a grant of certification for VCRs and
receivers. Any laboratory accredited to perform DoC testing of personal
computers and peripherals may perform DoC testing of VCRs and
receivers, since the ANSI C63.4-1992 measurement procedure is used for
testing all of these devices. We note that there are already many
laboratories accredited to perform such testing.
11. The Notice proposed to tighten the authorization requirement
for CSTDs from notification to certification. We proposed that action
in recognition of the fact that there is a large market for ``pirate''
cable boxes, which allow the viewing of scrambled cable channels
without payment to the cable provider.
12. While we recognize that cable signal theft is a serious
concern, upon review we believe that attempts to address this problem
through our equipment authorization program would likely create
substantial administrative burdens and delays in the availability of
cable system terminal devices. We believe that our proper focus with
regard to CSTDs should be on compliance with our radio emissions
standards. Accordingly, we are relaxing the equipment authorization
requirement for CSTDs to the DoC procedure, consistent with the
requirements for receivers and VCRs.
Part 18 Devices
13. Part 18 consumer ISM equipment has had a reasonably good record
of compliance with the FCC requirements. However, these devices could
easily cause interference if they did not
[[Page 36593]]
conform with our standards because significant radio energy can be
radiated into the airwaves. We also note that the measurement of radio
emissions from these products requires considerable skill. We believe
that relaxing the authorization requirement to the DoC procedure is
appropriate, because it relieves manufacturers of the burden of
obtaining an approval, but still provides a degree of certainty that
the equipment will comply with the standards. We will, for now, allow
the option of obtaining certification. We recognize that there are
currently no laboratories accredited specifically for part 18 testing,
but we are working with the appropriate organizations to establish such
accreditation provisions. We note that there are certain similarities
between part 15 and part 18 compliance testing. Therefore, until such
time as an accreditation procedure is established for part 18 testing,
we will accept measurement results from a laboratory accredited for
part 15 testing for the purpose of a part 18 DoC.
14. We believe that a compliance statement and a label are
necessary to allow identification of equipment that has been tested for
compliance, and for identification of the responsible party.
Accordingly, we are adopting a requirement for a short compliance
statement and simple label on the device. We will require part 18
equipment authorized under the DoC procedure to be labelled with the
FCC logo, as we currently require for part 15 equipment authorized
under the DoC procedure. The FCC logo was selected to be a recognizable
indicator that the device complies with the FCC standards, similar to
the use of the ``UL'' logo to show compliance with Underwriters
Laboratory standards, or the ``CE'' logo to indicate compliance with
European standards. We decline to change the requirements contained in
Sec. 18.213 since they serve a useful purpose in informing users of the
interference potential of the device and any maintenance that may be
required for continued compliance with the rules. Finally, we are
taking this opportunity to remove the provisions of Sec. 18.205
requiring the filing of a description of the measurement facility used
for testing part 18 equipment. This is merely an editorial change,
because Sec. 2.948 already requires the same information.
Licensed Transmitters
15. We proposed to change the authorization procedure from
notification to either verification or DoC for transmitters operating
in licensed services as listed:
Wildlife tracking and ocean buoys operating under part 5.
Part 101 point-to-point microwave transmitters.
Part 73 AM transmitters, FM transmitters, television
transmitters, and antenna phase monitors.
Part 74 Auxiliary Broadcast aural STLs, aural intercity
relays, aural STL boosters, aural intercity relay boosters, TV STLs, TV
intercity relays, TV translator relays and TV microwave boosters.
Part 78 Cable Television Relay fixed transmitters.
Part 80 INMARSAT equipment.
Part 87 406 MHz emergency locator transmitters.
16. We continue to believe that the authorization requirements for
these transmitters may be relaxed, due to the excellent record of
compliance compiled thus far. While we initially proposed DoC for
certain parts 74, 78 and 101 transmitters in the Notice, we now believe
that verification would be more appropriate. These transmitters are
operated under the terms of a license. Therefore, we can locate and
contact a licensee to resolve any interference problems that may
develop. In addition, there is currently no laboratory accreditation
program for laboratories testing parts 74, 78 and 101 transmitters.
Therefore, we are eliminating the notification requirement for all
transmitters on the list delineated above, including those under parts
74, 78 and 101, and replacing it with a verification requirement. We
will continue to monitor the compliance of this equipment, and may
revisit our decision to eliminate the authorization requirements if
significant compliance problems develop.
Authorization Changes for Other Devices
17. We requested comments on whether there are other devices not
covered above for which the authorization requirements could be
relaxed. Motorola requested that we move Family Radio Service
transmitters operating under part 95 from certification to DoC, because
the equipment is low powered and is based on established designs. The
Family Radio Service is a relatively new service, established only in
1996. See Amendment of Part 95 of the Commission's Rules to Establish a
Very Short Distance Two-way Voice Radio Service in WT 95-102, 11 FCC
Rcd 12977 (1996), 61 FR 28768, June 6, 1996. We do not feel that there
has been sufficient time to demonstrate a history of compliance which
would warrant relaxing the authorization requirements for the equipment
used in the service. Accordingly, we decline to place Family Radio
Service transmitters under DoC at this time.
18. Ericsson requested that part 22 and part 90 analog base
stations be subject to verification, and that part 22 and part 90
analog mobile equipment be subject to DoC since the test procedures are
widely known and the equipment has an excellent record of compliance.
We have concerns about deregulating the equipment authorization
requirements for part 22 and part 90 transmitters due to the need to
ensure compliance with recent changes to the technical rules. Also,
certain parts 22 and 90 mobile and portable transmitters are subject to
recently adopted requirements for routine evaluation for RF exposure.
We therefore do not believe that verification is appropriate for the
base stations, nor do we believe DoC is appropriate for the mobile
stations. However, we will monitor the situation and, if appropriate,
will consider relaxing the equipment authorization requirements for the
aforementioned equipment in the future.
19. We have concerns about keyless entry transmitters used on
automobiles. They are widely deployed, and therefore have a high
potential for causing interference if they do not comply with the
technical standards. While we do not believe it is appropriate to relax
the authorization requirements for keyless entry and passive antitheft
devices at this time, we will reevaluate this finding in the future.
Electronic Filing
20. The Notice proposed that the Commission adopt an electronic
filing system for equipment authorization applications. We believe that
the implementation of an electronic filing system will significantly
reduce the processing time of equipment authorization applications.
Such a system will eliminate the delays associated with filing
applications in Pittsburgh, transporting them to the FCC Laboratory and
manually logging them in. Also, an electronic system will allow
parallel processing of applications, so the administrative and
technical reviews can be done simultaneously, thus further reducing the
processing time.
21. The Commission has hired a contractor to do the programming of
the electronic filing system. Testing of the system began in March,
1998, and we expect that it will soon be fully operational. See Public
Notice, ``OET Prototype Electronic Form 731'', released February 27,
1998.
[[Page 36594]]
22. We will require all equipment authorization applications to be
filed electronically one year after the effective date of these rules.
Prior to that date, we will accept both paper and electronically filed
applications while manufacturers become familiar with the new system.
We will be amenable to consideration of waiver requests from small
businesses that find it a hardship to file applications electronically.
We are adding a new paragraph to Section 2.911 indicating that the
electronic equivalent of a signature will be accepted in electronically
filed applications.
Filing Fees
23. The filing fees for equipment are set at a level based upon the
amount of time that is necessary to review applications. Applications
for certification of equipment under parts 15 and 18 often require
greater review time in comparison to applications for equipment under
other rule parts. Consequently, there is a higher fee for those
applications. We see no reason to change the current fee of $450 for
transmitters used in licensed services. Accordingly, we will set the
filing fees as proposed in the Notice.
Radio Equipment List
24. The Notice proposed to eliminate the Radio Equipment List,
since the information in the list is available through other sources.
Information on transmitters that have been approved is available
electronically from the FCC Internet site and the Public Access Link
(PAL) system. In addition, inquiries can be made by telephone to the
``status desk'' at the Commission's Laboratory. The Commission also
releases monthly Public Notices announcing the grants of applications.
Because this information is available from various sources, we do not
see a need to continue the Radio Equipment List. We disagree that
elimination of the list will make it more difficult to locate the
manufacturer of equipment which has caused interference, since the
information is readily available. We are not making any changes to
Section 101.103(d)(2)(ii) of the rules.
Submission of Samples
25. Parties marketing equipment are required to supply a sample to
the Commission for testing within 60 days of a request by the
Commission. However, in cases involving harmful interference or safety
of life, a sample must be supplied within 14 days. We believe that 60
days, or even 30 days, is more time than necessary for supplying a
sample in most cases, and could therefore result in noncompliant
equipment remaining on the market for a longer period of time.
Accordingly, we are adopting a 14 day time limit for supplying test
samples to the Commission as proposed in the Notice. We recognize that
14 days may not be sufficient in some cases when there are difficulties
in supplying a sample. We will continue to consider extensions of time
upon submission of a showing of good cause in those cases, as the rules
currently allow. We decline to establish a procedure for vouchers or
reimbursement of sample purchase costs at this time, due to the
complexities involved.
Transfers of Control
26. The Notice proposed to clarify the rules that apply to
corporate mergers, buyouts and acquisitions involving grantees of
equipment authorization. We proposed to combine Sections 2.929, 2.934
and 2.935 of the rules to clarify when an equipment authorization may
be assigned or transferred to another party, and when new applications
must be filed.
27. Prior to 1989, the Commission's rules required the filing of a
new application whenever a change was made to the trade name under
which equipment is marketed. In 1989, the Commission eliminated that
requirement. However, it appears that Section 2.929 was inadvertently
not updated at that time to reflect that change. We are adopting the
revised rule on transfers and assignments proposed in the Notice, but
we are eliminating the reference to filing a new application for name
changes.
Transition Provisions
28. The changes adopted here simplify and streamline the equipment
authorization procedures. Since they are deregulatory in nature, only a
short transition period is necessary. Accordingly, we are making the
rules effective October 5, 1998. However, in order to allow
manufacturers to obtain the maximum benefit from the changes, equipment
may be authorized under the relaxed procedures (i.e.--Declaration of
Conformity or verification) effective September 8, 1998.
29. Accordingly, It Is Ordered that parts 0, 1, 2, 5, 15, 18, 21,
22, 24, 26, 73, 74, 78, 80, 87, 90, 95, 97 and 101 of the Commission's
Rules and Regulations Are Amended, as specified in the Rule Changes
attachment and are effective October 5, 1998. This action is taken
pursuant to sections 4(i), 301, 302, 303(e), 303(f), 303(r), 304 and
307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections
154(i), 301, 302, 303(e), 303(f), 303(r), 304 and 307.
Final Regulatory Flexibility Analysis
30. As required by the Regulatory Flexibility Act
(``RFA''),1 an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated in ``Amendment of Parts 2, 15, 18 and Other
Parts of the Commission's Rules to Simplify and Streamline the
Equipment Authorization Process for Radio Frequency Equipment'', Notice
of Proposed Rule Making (``Notice''), in ET Docket No. 97-94, 62 FR
24383, May 5, 1997. The Commission sought written public comment on the
proposals in the Notice, including comment on the IRFA. The
Commission's Final Regulatory Flexibility Analysis (``FRFA'') in this
Report and Order conforms to the RFA.2
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law No. 104-121, 110 Stat 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1966 (SBREFA).
\2\ See 5 U.S.C. 604.
---------------------------------------------------------------------------
31. Need For and Objective of the Rules.
The Commission is amending parts 2, 15, 18 and other parts of its
rules to simplify the equipment authorization processes, deregulate the
equipment authorization requirements for certain types of equipment,
and begin implementation of an electronic filing system for equipment
authorization applications. These actions will greatly reduce the
complexity and burden of the Commission's equipment authorization
requirements. They will also improve the efficiency of the equipment
authorization process so that products can be introduced to the market
more rapidly. They will reduce the number of applications required to
be filed with the Commission annually from about 3500 to approximately
1800, significantly reducing paperwork requirements on manufacturers.
We expect that this action will result in savings of at least $100
million to manufacturers of the products covered by the changes. The
provision for electronic filing of applications should significantly
reduce the current applications time. We believe these actions will
greatly benefit both large and small manufacturers and encourage the
development of innovative products that best meet consumer's needs.
32. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA.
In the IRFA we stated that proposals in this proceeding would
result in a significant decrease in equipment authorization
applications that must be
[[Page 36595]]
filed with the Commission. We believe that small entities will benefit
from these proposals because in many cases they will no longer be
required to file applications with the Commission. Also, small entities
will benefit from the simpler regulations and streamlined process for
equipment that continues to require authorization by the FCC. We
solicited comments regarding these conclusions. No comments were
submitted directly in response to the IRFA.
33. Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply.
The RFA generally defines small entity as having the same meaning
as the terms ``small business'' ``small organization,'' and ``small
governmental jurisdictions.'' 3 In addition, the term
``small business'' is the same meaning as the term ``small business
concern'' under the Small Business Act (``SBA''), 15 U.S.C. 632, unless
the Commission has developed one or more definitions that are
appropriate to its activities.4 Under the SBA, a ``small
business concern'' is one that (1) is independently owned and operated;
(2) is not dominant in its field of operation; and (3) meets any
individual criteria established by the Small Business Administration
(SBA).5
---------------------------------------------------------------------------
\3\ 5 U.S.C. 601(6).
\4\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 5 U.S.C. 632).
\5\ 15 U.S.C. 632.
---------------------------------------------------------------------------
34. The Commission has not developed a definition of small entities
applicable to RF Equipment manufacturers. Therefore, the applicable
definition of small entity is the definition under the SBA rules
applicable to manufacturers of ``Radio and Television Broadcasting and
Communications Equipment.'' According to the SBA's regulation, an RF
manufacturer must have 750 or fewer employees in order to qualify as a
small business.6 Census Bureau data indicates that there are
858 companies in the United States that manufacture radio and
television broadcasting and communications equipment, and that 778 of
these firms have fewer than 750 employees and would classified as small
entities.7 We believe that many of the companies that
manufacture RF equipment may qualify as small entities.
---------------------------------------------------------------------------
\6\ See 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 3663.
\7\ See U.S. Department of Commerce, 1992 Census of
Transportation, Communications and Utilities (issued May 1995), SIC
category 3663.
---------------------------------------------------------------------------
35. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements.
There are currently five different equipment authorization
procedures. They are type acceptance, certification, notification,
verification and Declaration of Conformity (DoC). We are proposing to
eliminate the notification procedure, and to combine the type
acceptance procedure with the certification procedure. Equipment
currently under the notification procedure will be placed in the less
stringent DoC or verification procedure, as appropriate. Both
verification and DoC are self-authorization procedures, which allow
equipment to be marketed without approval from the FCC once it has been
tested and found to comply with the FCC rules. However, the DoC
procedure has an additional requirement to test the equipment at an
accredited laboratory, which provides a higher degree of confidence
that a device will be measured correctly. It also has additional
requirements for labelling and information supplied with the product,
which allows the Commission to more easily locate the manufacturer in
the event the equipment causes interference.
36. Applications for equipment authorization will be required to be
filed electronically one year after the effective date of the rules.
The equipment required to file will typically consist of a personal
computer with an internet connection, a document scanner, a digital
camera and software to convert data to the proper format. The equipment
is readily available, or applicants can contract with others (e.g.--
equipment testing laboratories) who have the equipment.
37. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered.
Simplification of Equipment Authorization Categories
38. The Commission requested comments on its proposal to eliminate
the notification category of equipment authorization, and to combine
the type acceptance with the certification category of authorization.
It also requested comments on whether to combine the DoC and
verification procedures.
39. There was no opposition to eliminating the notification
procedure, but the Commission received comments concerning combining
type acceptance with certification. Motorola stated that the change
could be a source of confusion, and Rockwell had concerns that the
structure of the proposed rules could be improved. The Commission
believes that having three different authorization procedures for
equipment requiring approval is an even greater source of confusion
than the proposal, particularly for small entities which may not be
familiar with the rules. Accordingly, the Commission is eliminating the
notification procedure, and combining type acceptance and certification
into a single procedure called ``certification'' for equipment
requiring an approval. The structure of the proposed rules is being
modified as recommended by Rockwell to make them simpler for both large
and small entities to understand.
40. The comments did not support combining the DoC and verification
procedures. The DoC procedure is relatively new, and the Commission has
expended resources educating small entities about it, so making changes
to it at this point would cause confusion. Also, since there is a need
to maintain a higher degree of confidence that certain equipment
complies with standards to reduce the potential for causing harmful
interference, the Commission believes it is necessary to keep the DoC
procedure separate from the verification procedure.
Deregulation of Equipment Authorization Requirements
41. The Commission proposed to relax the authorization requirement
for equipment operating under various parts of the rules. The comments
generally supported relaxing the requirements, and several parties
supported even further relaxation than the Commission proposed.
Rockwell requested that we place most part 15 receivers under
verification, and CEMA requested that we place VCRs under verification.
Ford recommended that we move certain Part 15 low power transmitters to
DoC and Motorola recommended that we move part 95 Family Radio Service
transmitters to DoC. Finally, Ericsson requested that certain parts 22
and 90 transmitters be moved to DoC or verification.
42. The further relaxation in the authorization requirements
proposed in the comments would reduce the burden on small entities
manufacturing those devices. However, in relaxing the authorization
requirements for equipment, the Commission must also consider whether
there is an increased likelihood of harmful interference being caused.
The Commission has carefully considered the requests made in the
comments, and is concerned that relaxing the authorization requirement
for these devices beyond what was proposed would result in too great a
risk of interference to communication services. The authorization
requirements selected by the
[[Page 36596]]
Commission for each type of equipment are believed to be the least
burdensome necessary to minimize the risk of interference, and will
therefore have the least impact on small entities.
Electronic Filing
43. The Commission proposed to implement an electronic filing
system for equipment authorization applications. It also solicited
comments on whether the system should be mandatory or whether paper
applications should continue to be accepted. The comments supported
developing an electronic filing system, but some parties expressed
concern about whether the Commission would mandate electronic filing,
which could be burdensome for some entities.
44. The Commission believes that the implementation of an
electronic filing system will significantly reduce the processing time
of equipment authorization applications. Such a system would eliminate
the delays associated with filing applications in Pittsburgh,
transporting them to the Commission's Laboratory and manually logging
them in. It would also allow parallel processing of applications, so
the administrative and technical reviews can be done simultaneously,
thus further reducing the processing time. Such a system will benefit
small entities by reducing the costs caused by delays in marketing new
equipment. We have decided to make the system mandatory, since the
equipment required to electronically file applications is readily
available. However, we will continue to accept paper applications for a
period of one year to minimize the impact on small entities.
45. Report to Congress. The Commission shall send a copy of this
Final Regulatory Flexibility Analysis, along with this First Report and
Order, in a report to Congress pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A), and
the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 0
Reporting and recordkeeping requirements.
47 CFR Parts 1 and 2
Radio, Reporting and recordkeeping requirements.
47 CFR Part 5
Radio.
47 CFR Part 15
Communications equipment.
47 CFR Part 18
Business and industry, Scientific equipment.
47 CFR Parts 21, 22, and 24
Communications equipment, Radio.
47 CFR Part 26
Radio.
47 CFR Parts 73, 74, 78, 80, 87, 90, 95, 97, and 101
Communications equipment, Radio.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rules Changes
For the reasons discussed in the preamble Parts 0, 1, 2, 5, 15, 18,
21, 22, 24, 26, 73, 74, 78, 80, 87, 90, 95, 97 and 101 of Title 47 of
the Code of Federal Regulations are amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
Sec. 0.31 [Amended]
2. Section 0.31, paragraph (j) is amended by removing the term
``type approval and acceptance, and certification'' and adding in its
place ``approval''.
Sec. 0.401 [Amended]
3. Section 0.401, paragraph (a)(2) is amended by revising the
second sentence to read ``The mailing address is: Federal
Communications Commission, Equipment Authorization Division, 7435
Oakland Mills Road, Columbia, MD 21046''.
Sec. 0.406 [Amended]
4. Section 0.406, paragraph (b)(3) is amended by removing the term
``type acceptance and type approval'' and adding in its place
``authorization''.
Sec. 0.433 [Removed]
5. Section 0.433 is removed.
Sec. 0.453 [Amended]
6. Section 0.453, paragraph (k) is amended by removing the term
``(Type accepted, type approved, certified and notified)''.
Sec. 0.455 [Amended]
7. Section 0.455, paragraph (e)(3) is amended by removing the term
``(type accepted, type approval, certification, or advance approval of
subscription television systems)''.
Sec. 0.457 [Amended]
8. Section 0.457, paragraph (d)(1)(ii) is amended by removing the
term ``(type acceptance, type approval, certification, or advance
approval of subscription television systems)''.
PART 1--PRACTICE AND PROCEDURE
9. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 225, and 303(r).
Sec. 1.77 [Amended]
10. Section 1.77, paragraph (g) is amended by removing the term
``type approval and type acceptance'' and adding in its place
``certification'', and removing the reference to ``subpart F'' and
adding in its place ``subpart J''.
11. Section 1.1103 is revised to read as follows:
Sec. 1.1103 Schedule of charges for equipment authorization,
experimental radio services, ship inspections and international
telecommunications settlements.
----------------------------------------------------------------------------------------------------------------
Action FCC form No. Fee amount Payment type code Address
----------------------------------------------------------------------------------------------------------------
1. Certification:
a. Receivers (except TV and 731................... 350 EEC Federal Communications
FM). Commission, Equipment
Approval Services,
P.O. Box 358315,
Pittsburgh, PA 15251-
5315.
b. Devices under Parts 11, 731................... 895 EGC Federal Communications
15 and 18 (except Commission, Equipment
receivers). Approval Services,
P.O. Box 358315,
Pittsburgh, PA 15251-
5315.
c. All other devices....... 731................... 450 EFT Federal Communications
Commission, Equipment
Approval Services,
P.O. Box 358315,
Pittsburgh, PA 15251-
5315.
[[Page 36597]]
d. Modifications and Class 731................... 45 EAC Federal Communications
II Permissive Changes. Commission, Equipment
Approval Services,
P.O. Box 358315,
Pittsburgh, PA 15251-
5315.
e. Request for 731 or 159 & Corres... 130 EBC Federal Communications
Confidentiality. Commission, Equipment
Approval Services,
P.O. Box 358315,
Pittsburgh, PA 15251-
5315.
2. Advance Approval for 159 & Corres.......... 2,740 EIS Federal Communications
Subscription TV System. Commission, Equipment
Approval Services,
P.O. Box 358315,
Pittsburgh, PA 15251-
5315.
a. Request for 159 & Corres.......... 130 EBS Federal Communications
Confidentiality. Commission, Equipment
Approval Services,
P.O. Box 358315,
Pittsburgh, PA 15251-
5315.
3. Assignment of Applicant
Code:
a. New applicants for all 159 & Corres.......... 45 EAG Federal Communications
application types except Commission, Equipment
Subscription TV. Approval Services,
P.O. Box 358315,
Pittsburgh, PA 15251-
5315.
4. Experimental Radio Service:
a. New Station 442................... 45 EAE Federal Communications
Authorization. Commission, Equipment
Approval Services,
P.O. Box 358320,
Pittsburgh, PA 15251-
5320.
b. Modification of 442................... 45 EAE Federal Communications
Authorization. Commission, Equipment
Approval Services,
P.O. Box 358320,
Pittsburgh, PA 15251-
5320.
c. Renewal of Station 405................... 45 EAE Federal Communications
Authorization. Commission, Equipment
Approval Services,
P.O. Box 358320,
Pittsburgh, PA 15251-
5320.
d. Assignment or Transfer 702 or 703............ 45 EAE Federal Communications
of Control. Commission, Equipment
Approval Services,
P.O. Box 358320,
Pittsburgh, PA 15251-
5320.
e. Special Temporary 159 & Corres.......... 45 EAE Federal Communications
Authority. Commission, Equipment
Approval Services,
P.O. Box 358320,
Pittsburgh, PA 15251-
5320.
f. Additional fee required 159 & Corres.......... 45 EAE Federal Communications
for any of the above Commission, Equipment
applications that request Approval Services,
confidentiality. P.O. Box 358320,
Pittsburgh, PA 15251-
5320.
5. Ship Inspections:
a. Passenger Vessel Under 801................... 390 FCS Federal Communications
Title III, Part III. Commission, P.O. Box
358110, Pittsburgh,
PA 15251-5110.
b. Oceangoing Vessel Under 801................... 755 FFS Federal Communications
Title III, Part II. Commission, P.O. Box
358110, Pittsburgh,
PA 15251-5110.
c. Vessels Under the Great 801................... 110 FDS Federal Communications
Lakes Agreement. Commission, P.O. Box
358110, Pittsburgh,
PA 15251-5110.
d. Vessels Under the Safety 801................... 660 FES Federal Communications
of Life at Sea (SOLAS) Commission, P.O. Box
Convention. 358110, Pittsburgh,
PA 15251-5110.
e. Temporary Waiver of 159 & Corres.......... 75 FBS Federal Communications
Inspection. Commission, P.O. Box
358110, Pittsburgh,
PA 15251-5110.
6. International 99.................... 2 IAT Licensees will be
Telecommunications Settlements billed.
Administrative Fee for
Collections (per line item).
----------------------------------------------------------------------------------------------------------------
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
12. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302, 303, 307, and 336, unless
otherwise noted.
13. Section 2.803, paragraph (a)(1) is revised to read as follows:
Sec. 2.803 Marketing of radio frequency devices prior to equipment
authorization.
(a) * * *
(1) In the case of a device subject to certification, such device
has been authorized by the Commission in accordance with the rules in
this chapter and is properly identified and labelled as required by
Sec. 2.925 and other relevant sections in this chapter; or
* * * * *
Sec. 2.901 [Amended]
14. Section 2.901, paragraph (a) is amended by removing the term
``type acceptance, certification, registration or notification'' and
adding in its place ``certification or registration''. Paragraph (b) is
amended by removing the term ``type acceptance, certification or
notification'' and adding in its place ``certification''.
Sec. 2.904 [Removed]
15. Section 2.904 is removed.
Sec. 2.905 [Removed]
16. Section 2.905 is removed.
17. Section 2.907, paragraph (a) is revised to read as follows:
Sec. 2.907 Certification.
(a) Certification is an equipment authorization issued by the
Commission, based on representations
[[Page 36598]]
and test data submitted by the applicant.
* * * * *
18. Section 2.911 is amended by adding a new paragraph (g) to read
as follows:
Sec. 2.911 Written application required.
* * * * *
(g) ``Signed,'' as used in this section, means an original
handwritten signature; however, the Office of Engineering and
Technology may allow signature by any symbol executed or adopted by the
applicant with the intent that such symbol be a signature, including
symbols formed by computer-generated electronic impulses.
19. Section 2.913 is amended by revising paragraph (b) and adding a
new paragraph (c) as follows:
Sec. 2.913 Submittal of equipment authorization application or
information to the Commission.
* * * * *
(b) Any information or equipment samples requested by the
Commission pursuant to the provisions of subpart J of this part shall,
unless otherwise directed, be submitted to the Federal Communications
Commission, Equipment Authorization Division, 7435 Oakland Mills Road,
Columbia, Maryland 21046.
(c) Effective October 5, 1999, all applications for equipment
authorization must be filed electronically. The Commission will be
amenable to consideration of waiver requests from small businesses that
find it a hardship to file applications electronically. Information on
the procedures for electronically filing equipment authorization
applications can be obtained from the address in paragraph (b) of this
section.
20. Section 2.915, paragraphs (a) introductory text and (c) are
revised to read as follows:
Sec. 2.915 Grant of application.
(a) The Commission will grant an application for certification if
it finds from an examination of the application and supporting data, or
other matter which it may officially notice, that:
* * * * *
(c) Certification shall not attach to any equipment, nor shall any
equipment authorization be deemed effective, until the application has
been granted.
Sec. 2.924 [Amended]
21. Section 2.924 is amended by revising the second sentence to
read as follows:
* * * * *
A device will be considered to be electrically identical if no
changes are made to the device authorized by the Commission, or if the
changes made to the device would be treated as class I permissive
changes within the scope of Sec. 2.1043(b)(1).
* * * * *
22. Section 2.929 is revised to read as follows:
Sec. 2.929 Changes in name, address, ownership or control of grantee.
(a) An equipment authorization issued by the Commission may not be
assigned, exchanged or in any other way transferred to a second party,
except as provided in this section.
(b) The grantee of an equipment authorization may license or
otherwise authorize a second party to manufacture the equipment covered
by the grant of the equipment authorization provided:
(1) The equipment manufactured by such second party bears the FCC
Identifier as is set out in the grant of the equipment authorization.
Note to paragraph (b)(1): Any change in the FCC Identifier
desired as a result of such production or marketing agreement will
require the filing of a new application for an equipment
authorization as specified in Sec. 2.933.
(2) The grantee of the equipment authorization shall continue to be
responsible to the Commission for the equipment produced pursuant to
such an agreement.
(c) Whenever there is a change in the name and/or address of the
grantee of an equipment authorization, written notice of such change(s)
shall be submitted to the Commission within 30 days after the grantee
starts using the new name and/or address.
(d) In the case of transactions affecting the grantee, such as a
transfer of control or sale to another company, mergers, or transfer of
manufacturing rights, notice must be given to the Commission in writing
within 60 days after the consummation of the transaction. Depending on
the circumstances in each case, the Commission may require new
applications for equipment authorization. In reaching a decision the
Commission will consider whether the acquiring party can adequately
ensure and accept responsibility for continued compliance with the
regulations. In general, new applications for each device will not be
required. A single application for equipment authorization may be filed
covering all the affected equipment.
23. Section 2.931 is revised to read as follows:
Sec. 2.931 Responsibility of the grantee.
In accepting a grant of an equipment authorization, the grantee
warrants that each unit of equipment marketed under such grant and
bearing the identification specified in the grant will conform to the
unit that was measured and that the data (design and rated operational
characteristics) filed with the application for certification continues
to be representative of the equipment being produced under such grant
within the variation that can be expected due to quantity production
and testing on a statistical basis.
24. Section 2.932 is revised to read as follows:
Sec. 2.932 Modification of equipment.
(a) A new application for an equipment authorization shall be filed
whenever there is a change in the design, circuitry or construction of
an equipment or device for which an equipment authorization has been
issued, except as provided in paragraphs (b) through (d) of this
section.
(b) Permissive changes may be made in certificated equipment, and
equipment that was authorized under the former type acceptance
procedure, pursuant to Sec. 2.1043.
(c) Permissive changes may be made in equipment that was authorized
under the former notification procedure without submittal of
information to the Commission, unless the equipment is currently
subject to authorization under the certification procedure. However,
the grantee shall submit information documenting continued compliance
with the pertinent requirements upon request.
(d) All requests for permissive changes submitted to the Commission
must be accompanied by the anti-drug abuse certification required under
Sec. 1.2002 of this chapter.
25. Section 2.933 is revised to read as follows:
Sec. 2.933 Change in identification of equipment.
(a) A new application for equipment authorization shall be filed
whenever there is a change in the FCC Identifier for the equipment with
or without a change in design, circuitry or construction. However, a
change in the model/type number or trade name performed in accordance
with the provisions in Sec. 2.924 of this chapter is not considered to
be a change in identification and does not require additional
authorization from the Commission.
(b) An application filed pursuant to paragraph (a) of this section
where no change in design, circuitry or construction is involved, need
not be accompanied by a resubmission of
[[Page 36599]]
equipment or measurement or test data customarily required with a new
application, unless specifically requested by the Commission. In lieu
thereof, the applicant shall attach a statement setting out:
(1) The original identification used on the equipment prior to the
change in identification.
(2) The date of the original grant of the equipment authorization.
(3) How the equipment bearing the modified identification differs
from the original equipment.
(4) Whether the original test results continue to be representative
of and applicable to the equipment bearing the changed identification.
(5) The photographs required by Sec. 2.1033(b)(7) or
Sec. 2.1033(c)(12) showing the exterior appearance of the equipment,
including the operating controls available to the user and the
identification label. Photographs of the construction, the component
placement 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 which falls outside the purview of a permissive
change described in Sec. 2.1043, a complete application shall be filed
pursuant to Sec. 2.911.
Sec. 2.934 [Removed]
26. Section 2.934 is removed.
Sec. 2.935 [Removed]
27. Section 2.935 is removed.
28. Section 2.938 is amended by revising paragraph (c) to read as
follows:
Sec. 2.938 Retention of records.
* * * * *
(c) The records listed in paragraph (a) of this section shall be
retained for one year for equipment subject to authorization under the
certification procedure or former type acceptance procedure, or for two
years for equipment subject to authorization under any other procedure,
after the manufacture of said equipment has been permanently
discontinued, or until the conclusion of an investigation or a
proceeding if the responsible party (or, under paragraph (b) of this
section, the manufacturer) is officially notified that an investigation
or any other administrative proceeding involving its equipment has been
instituted.
* * * * *
Sec. 2.943 [Amended]
29. Section 2.943, paragraph (a) is amended by removing the words
``for type acceptance, certification or notification''.
30. Section 2.946 is revised to read as follows:
Sec. 2.946 Penalty for failure to provide test samples and data.
(a) Any responsible party, as defined in Sec. 2.909, or any party
who markets equipment subject to the provisions of this chapter, shall
provide test sample(s) or data upon request by the Commission. Failure
to comply with such a request within 14 days may be cause for
forfeiture, pursuant to Sec. 1.80 of this chapter, or other
administrative sanctions such as suspending action on any applications
for equipment authorization submitted by such party while the matter is
being resolved.
(b) The Commission may consider extensions of time upon submission
of a showing of good cause.
Sec. 2.948 [Amended]
31. Section 2.948, paragraph (a)(2) first sentence is amended by
removing the words ``or the notification''.
Sec. 2.971 [Removed]
32. The undesignated center heading ``Notification'' and Sec. 2.971
are removed.
Sec. 2.973 [Removed]
33. Section 2.973 is removed.
Sec. 2.975 [Removed]
34. Section 2.975 is removed.
Sec. 2.977 [Removed]
35. Section 2.977 is removed.
Sec. 2.981 [Removed]
36. The undesignated center heading ``Type Acceptance'' and
Sec. 2.981 is removed.
Sec. 2.983 [Removed]
37. Section 2.983 is removed.
Sec. 2.985 [Redesignated as Sec. 2.1046]
38. Section 2.985 is redesignated as new Sec. 2.1046, and the
reference to ``Sec. 2.983(d)(5)'' in paragraph (a) is removed and add
in its place ``Sec. 2.1033(c)(8)''.
Sec. 2.987 [Redesignated as Sec. 2.1047]
39. Section 2.987 is redesignated as new Sec. 2.1047, and the
reference to ``Sec. 2.989'' in paragraph (c) is removed and add in its
place ``Sec. 2.1049''.
Sec. 2.989 [Redesignated as Sec. 2.1049]
40. Section 2.989 is redesignated as new Sec. 2.1049.
Sec. 2.991 [Redesignated as Sec. 2.1051]
41. Section 2.991 is redesignated as new Sec. 2.1051, and the
reference to ``Sec. 2.989'' is removed and add in its place
``Sec. 2.1049''.
Sec. 2.993 [Redesignated as Sec. 2.1053]
42. Section 2.993 is redesignated as new Sec. 2.1053, and the
reference to ``Sec. 2.989'' is removed and add in its place
``Sec. 2.1049''.
Sec. 2.995 [Redesignated as Sec. 2.1055]
43. Section 2.995 is redesignated as Sec. 2.1055.
Sec. 2.997 [Redesignated as Sec. 2.1057]
44. Section 2.997 is redesignated as Sec. 2.1057, and the
references to ``Secs. 2.991 and 2.993'' in paragraph (a) are removed
and add in its place ``Secs. 2.1051 and 2.1053'', respectively.
Sec. 2.999 [Removed]
45. Section 2.999 is removed.
Sec. 2.1001 [Removed]
46. Section 2.1001 is removed.
Sec. 2.1005 [Removed]
47. Section 2.1005 is removed.
48. Section 2.1033 is revised to read as follows:
Sec. 2.1033 Application for certification.
(a) An application for certification shall be filed on FCC Form 731
with all questions answered. Items that do not apply shall be so noted.
(b) Applications for equipment operating under Parts 11, 15 and 18
of the rules shall be accompanied by a technical report containing the
following information:
(1) The full name and mailing address of the manufacturer of the
device and the applicant for certification.
(2) FCC identifier.
(3) A copy of the installation and operating instructions to be
furnished the user. A draft copy of the instructions may be submitted
if the actual document is not available. The actual document shall be
furnished to the FCC when it becomes available.
(4) A brief description of the circuit functions of the device
along with a statement describing how the device operates. This
statement should contain a description of the ground system and
antenna, if any, used with the device.
(5) A block diagram showing the frequency of all oscillators in the
device. The signal path and frequency shall be indicated at each block.
The tuning range(s) and intermediate frequency(ies) shall be indicated
at each block. A schematic diagram is also required for intentional
radiators.
(6) A report of measurements showing compliance with the pertinent
FCC technical requirements. This report shall identify the test
procedure used (e.g., specify the FCC test procedure, or industry test
procedure that was used), the date the measurements were made,
[[Page 36600]]
the location where the measurements were made, and the device that was
tested (model and serial number, if available). The report shall
include sample calculations showing how the measurement results were
converted for comparison with the technical requirements.
(7) A sufficient number of photographs to clearly show the exterior
appearance, the construction, the component placement on the chassis,
and the chassis assembly. The exterior views shall show the overall
appearance, the antenna used with the device (if any), the controls
available to the user, and the required identification label in
sufficient detail so that the name and FCC identifier can be read. In
lieu of a photograph of the label, a sample label (or facsimile
thereof) may be submitted together with a sketch showing where this
label will be placed on the equipment. Photographs shall be of size A4
(21 cm x 29.7 cm) or 8 x 10 inches (20.3 cm x 25.4 cm). Smaller
photographs may be submitted provided they are sharp and clear, show
the necessary detail, and are mounted on A4 (21 cm x 29.7 cm) or 8.5
x 11 inch (21.6 cm x 27.9 cm) paper. A sample label or facsimile
together with the sketch showing the placement of this label shall be
on the same size paper.
(8) If the equipment for which certification is being sought must
be tested with peripheral or accessory devices connected or installed,
a brief description of those peripherals or accessories. The peripheral
or accessory devices shall be unmodified, commercially available
equipment.
(9) For equipment subject to the provisions of part 15 of this
chapter, the application shall indicate if the equipment is being
authorized pursuant to the transition provisions in Sec. 15.37 of this
chapter.
(10) Applications for the certification of direct sequence spread
spectrum transmitters under part 15 shall be accompanied by an exhibit
demonstrating compliance with the processing gain provisions of
Sec. 15.247(e) of this chapter. Applications for the certification of
frequency hopping transmitters under part 15 shall be accompanied by an
exhibit describing compliance of the associated receiver or receivers
with Sec. 15.247(a)(1) of this chapter.
(11) Applications for the certification of scanning receivers shall
include a statement describing the methods used to comply with the
design requirements of Sec. 15.121(a) of this chapter or the marketing
requirements of Sec. 15.121(b) of this chapter.
(c) Applications for equipment other than that operating under
parts 15 and 18 of the rules shall be accompanied by a technical report
containing the following information:
(1) The full name and mailing address of the manufacturer of the
device and the applicant for certification.
(2) FCC identifier.
(3) A copy of the installation and operating instructions to be
furnished the user. A draft copy of the instructions may be submitted
if the actual document is not available. The actual document shall be
furnished to the FCC when it becomes available.
(4) Type or types of emission.
(5) Frequency range.
(6) Range of operating power values or specific operating power
levels, and description of any means provided for variation of
operating power.
(7) Maximum power rating as defined in the applicable part(s) of
the rules.
(8) The dc voltages applied to and dc currents into the several
elements of the final radio frequency amplifying device for normal
operation over the power range.
(9) Tune-up procedure over the power range, or at specific
operating power levels.
(10) A schematic diagram and a description of all circuitry and
devices provided for determining and stabilizing frequency, for
suppression of spurious radiation, for limiting modulation, and for
limiting power.
(11) A photograph or drawing of the equipment identification plate
or label showing the information to be placed thereon.
(12) Photographs (8'' x 10'') of the equipment of sufficient
clarity to reveal equipment construction and layout, including meters,
if any, and labels for controls and meters and sufficient views of the
internal construction to define component placement and chassis
assembly. Insofar as these requirements are met by photographs or
drawings contained in instruction manuals supplied with the
certification request, additional photographs are necessary only to
complete the required showing.
(13) For equipment employing digital modulation techniques, a
detailed description of the modulation system to be used, including the
response characteristics (frequency, phase and amplitude) of any
filters provided, and a description of the modulating wavetrain, shall
be submitted for the maximum rated conditions under which the equipment
will be operated.
(14) The data required by Secs. 2.1046 through 2.1057, inclusive,
measured in accordance with the procedures set out in Sec. 2.1041.
(15) The application for certification of an external radio
frequency power amplifier under part 97 of this chapter need not be
accompanied by the data required by paragraph (b)(14) of this section.
In lieu thereof, measurements shall be submitted to show compliance
with the technical specifications in subpart C of part 97 of this
chapter and such information as required by Sec. 2.1060 of this part.
(16) An application for certification of an AM broadcast
stereophonic exciter-generator intended for interfacing with existing
certified, or formerly type accepted or notified transmitters must
include measurements made on a complete stereophonic transmitter. The
instruction book must include complete specifications and circuit
requirements for interconnecting with existing transmitters. The
instruction book must also provide a full description of the equipment
and measurement procedures to monitor modulation and to verify that the
combination of stereo exciter-generator and transmitter meet the
emission limitations of Sec. 73.44.
(17) A single application may be filed for a composite system that
incorporates devices subject to certification under multiple rule
parts, however, the appropriate fee must be included for each device.
Separate applications must be filed if different FCC Identifiers will
be used for each device.
49. Section 2.1041 is revised to read as follows:
Sec. 2.1041 Measurement procedure.
For equipment operating under parts 15 and 18, the measurement
procedures are specified in the rules governing the particular device
for which certification is requested. For equipment operating in the
authorized radio services, measurements are required as specified in
Secs. 2.1046, 2.1047, 2.1049, 2.1051, 2.1053, 2.1055 and 2.1057. See
also Sec. 2.947.
50. Section 2.1043 is revised to read as follows:
Sec. 2.1043 Changes in certificated equipment.
(a) Changes to the basic frequency determining and stabilizing
circuitry (including clock or data rates), frequency multiplication
stages, basic modulator circuit or maximum power or field strength
ratings shall not be performed without application for and
authorization of a new grant of certification. Variations in electrical
or mechanical construction, other than these indicated items, are
permitted provided the variations either do not affect the
characteristics required to be reported to the Commission or the
[[Page 36601]]
variations are made in compliance with the other provisions of this
section.
(b) Two classes of permissive changes may be made in certificated
equipment without requiring a new application for and grant of
certification. Neither class of change shall result in a change in
identification.
(1) A Class I permissive change includes those modifications in the
equipment which do not degrade the characteristics reported by the
manufacturer and accepted by the Commission when certification is
granted. No filing with the Commission is required for a Class I
permissive change.
(2) A Class II permissive change includes those modifications which
degrade the performance characteristics as reported to the Commission
at the time of the initial certification. Such degraded performance
must still meet the minimum requirements of the applicable rules. When
a Class II permissive change is made by the grantee, the grantee shall
supply the Commission with complete information and the results of
tests of the characteristics affected by such change. The modified
equipment shall not be marketed under the existing grant of
certification prior to acknowledgement by the Commission that the
change is acceptable.
(3) Except as specified below, permissive changes, as detailed
above, shall be made only by the holder of the grant of certification.
Changes by any party other than the grantee require a new application
for and grant of certification.
(c) A grantee desiring to make a change other than a permissive
change shall file an application on FCC Form 731 accompanied by the
required fees. The grantee shall attach a description of the change(s)
to be made and a statement indicating whether the change(s) will be
made in all units (including previous production) or will be made only
in those units produced after the change is authorized.
(d) A modification which results in a change in the identification
of a device with or without change in circuitry requires a new
application for, and grant of certification. If the changes affect the
characteristics required to be reported, a complete application shall
be filed. If the characteristics required to be reported are not
changed the abbreviated procedure of Sec. 2.933 may be used.
(e) Equipment that has been certificated or formerly type accepted
for use in the Amateur Radio Service pursuant to the requirements of
part 97 of this chapter may be modified without regard to the
conditions specified in paragraph (b) of this section, provided the
following conditions are met:
(1) Any person performing such modifications on equipment used
under part 97 of this chapter must possess a valid amateur radio
operator license of the class required for the use of the equipment
being modified.
(2) Modifications made pursuant to this paragraph are limited to
equipment used at licensed amateur radio stations.
(3) Modifications specified or performed by equipment manufacturers
or suppliers must be in accordance with the requirements set forth in
paragraph (b) of this section.
(4) Modifications specified or performed by licensees in the
Amateur Radio Service on equipment other than that at specific licensed
amateur radio stations must be in accordance with the requirements set
forth in paragraph (b) of this section.
(5) The station licensee shall be responsible for ensuring that
modified equipment used at his station will comply with the applicable
technical standards in part 97 of this chapter.
(f) For equipment other than that operating under parts 15 or 18,
when a Class II permissive change is made by other than the grantee of
certification, the information and data specified in paragraph (b)(2)
of this section shall be supplied by the person making the change. The
modified equipment shall not be operated under an authorization of the
Commission prior to acknowledgement by the Commission that the change
is acceptable.
(g) The interconnection of a certificated or formerly type accepted
AM broadcast stereophonic exciter-generator with a certificated or
formerly type accepted AM broadcast transmitter in accordance with the
manufacturer's instructions and upon completion of measurements showing
that the modified transmitter meets the emission limitation
requirements of Sec. 73.44 is defined as a Class I permissive change
for compliance with this section.
(h) The interconnection of a multiplexing exciter with a
certificated or formerly type accepted AM broadcast transmitter in
accordance with the manufacturer's instructions without electrical or
mechanical modification of the transmitter circuits and completion of
equipment performance measurements showing the transmitter meets the
minimum performance requirements applicable thereto is defined as a
Class I permissive change for compliance with this section.
(i) The addition of TV broadcast subcarrier generators to a
certificated or formerly type accepted TV broadcast transmitter or the
addition of FM broadcast subcarrier generators to a type accepted FM
broadcast transmitter, provided the transmitter exciter is designed for
subcarrier operation without mechanical or electrical alterations to
the exciter or other transmitter circuits.
(j) The addition of TV broadcast stereophonic generators to a
certificated or formerly type accepted TV broadcast transmitter or the
addition of FM broadcast stereophonic generators to a certificated or
formerly type accepted FM broadcast transmitter, provided the
transmitter exciter is designed for stereophonic sound operation
without mechanical or electrical alterations to the exciter or other
transmitter circuits.
(k) The addition of subscription TV encoding equipment for which
the FCC has granted advance approval under the provisions of
Sec. 2.1400 in subpart M and Sec. 73.644(c) of part 73 to a
certificated or formerly type accepted transmitter is considered a
Class I permissive change.
(l) Notwithstanding the provisions of this section, broadcast
licensees or permittees are permitted to modify certificated or
formerly type accepted equipment pursuant to Sec. 73.1690 of the FCC's
rules.
51. A new Sec. 2.1060 is added to read as follows:
Sec. 2.1060 Equipment for use in the amateur radio service.
(a) The general provisions of Secs. 2.925, 2.1031, 2.1033, 2.1041,
2.1043, 2.1051, 2.1053 and 2.1057 shall apply to applications for, and
grants of, certification for equipment operated under the requirements
of part 97 of this chapter, the Amateur Radio Service.
(b) When performing the tests specified in Secs. 2.1051 and 2.1053
of this part, the center of the transmitted bandwidth shall be within
the operating frequency band by an amount equal to 50 percent of the
bandwidth utilized for the tests. In addition, said tests shall be made
on at least one frequency in each of the bands within which the
equipment is capable of tuning.
(c) Any supplier of an external radio frequency power amplifier kit
as defined by Sec. 97.3(a)(17) of this chapter shall comply with the
following requirements:
(1) Assembly of one unit of a specific type shall be made in exact
accordance with the instructions being supplied with the product being
marketed. If all of the necessary components are not normally furnished
with the kit, assembly shall be made using the recommended components.
(2) The measurement data required for certification shall be
obtained for this
[[Page 36602]]
unit and submitted with the certification application. Unless otherwise
requested, it is not necessary to submit this unit with the
application.
(3) A copy of the exact instructions which will be provided for
assembly of the equipment shall be provided in addition to other
material required by Sec. 2.1033 of this part.
(4) The identification label required by Sec. 2.925 of this part
shall be permanently affixed to the assembled unit and shall be of
sufficient size so as to be easily read. The following information
shall be shown on the label:
(Name of Grantee of Certification)
FCC ID: (The number assigned to the equipment by the grantor)
This amplifier can be expected to comply with part 97 of the FCC
Regulations when assembled and aligned in strict accordance with the
instruction manual using components with the kit or an exact
equivalent thereof.
(Title and signature of responsible representative of Grantee)
Statement of Compliance
I state that I have constructed this equipment in accordance
with the instruction manual and using the parts furnished by the
supplier of this kit.
(Signature)
(Date)
(Amateur call sign) (Class of license)
(Expiration date of license)
To be signed by the person responsible for proper assembly of
kit.)
(5) If requested, an unassembled unit shall be provided for
assembly and test by the Commission. Shipping charges to and from the
Commission's Laboratory shall be borne by the applicant.
(d) Certification of external radio frequency power amplifiers and
amplifier kits may be denied when denial serves the public interest,
convenience and necessity by preventing the use of these amplifiers in
services other than the Amateur Radio Service. Other uses of these
amplifiers, such as in the Citizens Band Radio Service, are prohibited
(Sec. 95.411 of this chapter). Examples of features which may result in
the denial of certification are contained in Sec. 97.317 of this
chapter.
PART 5--EXPERIMENTAL RADIO SERVICES (OTHER THAN BROADCAST)
52. The authority citation for part 5 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081, as
amended; 47 U.S.C. 301.
Sec. 5.108 [Amended]
53. Section 5.108, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``verified''.
54. Section 5.109 is revised to read as follows:
Sec. 5.109 Acceptability of transmitters for licensing.
All transmitters used at stations licensed for wildlife and ocean
buoy tracking and telemetering operations pursuant to Sec. 5.108 shall
be verified pursuant to subpart J of part 2 of this chapter.
PART 15--RADIO FREQUENCY DEVICES
55. The authority citation for part 15 continues to read as
follows:
Authority: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.
Sec. 15.19 [Amended]
56. Section 15.19, paragraph (a) introductory text is amended by
removing the word ``notification,''.
Sec. 15.25 [Amended]
57. Section 15.25, paragraph (b) introductory text is amended by
removing the term ``notified'' and adding in its place ``authorized
under the Declaration of Conformity procedure,'' paragraph (b)(2) is
amended by removing the term ``notification'' and adding in its place
``Declaration of Conformity'' and paragraph (c) is amended by removing
the term ``or notification''.
Sec. 15.31 [Amended]
58. Section 15.31, paragraph (b) is amended by removing the term
``notification or''. Paragraph (f)(3) is amended by removing the term
``notification'' and adding in its place ``Declaration of Conformity''.
Sec. 15.35 [Amended]
59. Section 15.35, paragraph (c) is amended by removing the term
``notification'' and adding in its place ``Declaration of Conformity''.
60. Section 15.101, paragraphs (a) and (b) are revised to read as
follows:
Sec. 15.101 Equipment authorization of unintentional radiators.
(a) Except as otherwise exempted in Secs. 15.23, 15.103, and
15.113, unintentional radiators shall be authorized prior to the
initiation of marketing, as follows:
------------------------------------------------------------------------
Equipment authorization
Type of device required
------------------------------------------------------------------------
TV broadcast receiver.................. Verification.
FM broadcast receiver.................. Verification.
CB receiver............................ Declaration of Conformity or
Certification.
Superregenerative receiver............. Declaration of Conformity or
Certification.
Scanning receiver...................... Certification.
All other receivers subject to part 15. Declaration of Conformity or
Certification.
TV interface device.................... Declaration of Conformity or
Certification.
Cable system terminal device........... Declaration of Conformity.
Stand-alone cable input selector switch Verification.
Class B personal computers and Declaration of Conformity or
peripherals. Certification.
CPU boards and internal power supplies Declaration of Conformity or
used with Class B personal computers. Certification.
Class B personal computers assembled Declaration of Conformity.
using authorized CPU boards or power
supplies..
Class B external switching power Verification.
supplies.
Other Class B digital devices & Verification.
peripherals.
Class A digital devices, peripherals & Verification.
external switching power supplies..
All other devices...................... Verification.
------------------------------------------------------------------------
[[Page 36603]]
Note to table: Where the above table indicates more than one
category of authorization for a device, the party responsible for
compliance has the option to select the type of authorization.
(b) Only those receivers that operate (tune) within the frequency
range of 30-960 MHz and CB receivers are subject to the authorizations
shown in paragraph (a) of this section. However, receivers indicated as
being subject to Declaration of Conformity that are contained within a
transceiver, the transmitter portion of which is subject to
certification, shall be authorized under the verification procedure.
Receivers operating above 960 MHz or below 30 MHz, except for CB
receivers, are exempt from complying with the technical provisions of
this part but are subject to Sec. 15.5.
* * * * *
Sec. 15.214 [Amended]
61. Section 15.214, paragraph (a) is amended by revising the last
sentence to read as follows:
(a) * * * The application shall include a fee for certification of
each type of transmitter and for certification, if appropriate, for
each type of receiver included in the system.
* * * * *
PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT
62. The authority citation for part 18 continues to read as
follows:
Authority: 47 U.S.C. 4, 301, 302, 303, 304, 307.
63. Section 18.203, paragraph (a) is revised to read as follows:
Sec. 18.203 Equipment authorization.
(a) Consumer ISM equipment, unless otherwise specified, must be
authorized under either the Declaration of Conformity or certification
procedure prior to use or marketing. An application for certification
shall be filed with the Commission on an FCC Form 731, pursuant to the
relevant sections in part 2, subpart J of this chapter and shall also
be accompanied by:
(1) A description of measurement facilities pursuant to Sec. 2.948,
or reference to such information already on file with the Commission.
(2) A technical report pursuant to Secs. 18.207 and 18.311.
* * * * *
Sec. 18.205 [Removed]
64. Section 18.205 is removed.
Sec. 18.207 [Amended]
65. Section 18.207, paragraph (a) is amended by correcting
``Sec. 18.205'' to read ``Sec. 2.948''.
66. Section 18.209 is revised to read as follows:
Sec. 18.209 Identification of authorized equipment.
(a) Each device for which a grant of equipment authorization is
issued under this part shall be identified pursuant to the applicable
provisions of subpart J of part 2 of this chapter. Changes in the
identification of authorized equipment may be made pursuant to
Sec. 2.933 of part 2 of this chapter. FCC Identifiers as described in
Secs. 2.925 and 2.926 of this chapter shall not be used on equipment
subject to verification or Declaration of Conformity.
(b) Devices authorized under the Declaration of Conformity
procedure shall be labelled with the logo shown below. The label shall
not be a stick-on, paper label. It shall be permanently affixed to the
product and shall be readily visible to the purchaser at the time of
purchase, as described in Sec. 2.925(d) of this chapter. ``Permanently
affixed'' means that the label is etched, engraved, stamped,
silkscreened, indelibly printed, or otherwise permanently marked on a
permanently attached part of the equipment or on a nameplate of metal,
plastic, or other material fastened to the equipment by welding,
riveting, or a permanent adhesive. The label must be designed to last
the expected lifetime of the equipment in the environment in which the
equipment may be operated and must not be readily detachable. The logo
follows:
[GRAPHIC] [TIFF OMITTED] TR07JY98.027
67. A new Sec. 18.212 is added to read as follows:
Sec. 18.212 Compliance information.
(a) Equipment authorized under the Declaration of Conformity
procedure shall include the following compliance information in lieu of
the information required by Sec. 2.1077.
(1) Identification of the product, e.g., name and model number.
(2) A statement similar to the following:
This device complies with Part 18 of the FCC Rules.
(3) The name and address of the responsible party as defined in
Sec. 2.909 of the rules. This party must be located within the United
States.
(b) The compliance information may be placed in the instruction
manual, on a separate sheet, or on the packaging. There is no specific
format for this information.
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
68. The authority citation for part 21 continues to read as
follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
Sec. 21.42 [Amended]
69. Section 21.42, paragraph (c)(1)(i) is amended by removing the
term ``type-accepted'' each place it appears and adding in its place
``certificated'', and by removing the term ``type notified'' each place
it appears.
Sec. 21.120 [Amended]
70. Section 21.120, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``certificated''. Paragraphs
(b) and (c) are amended by removing the term ``type acceptance or
notification'' and adding in its place ``certification'' and by
removing the last sentence in each of paragraphs (b) and (c).
Sec. 21.907 [Amended]
71. Section 21.907, paragraphs (c) and (d) are amended by removing
the term ``type-accepted'' and adding in its place ``certificated''.
PART 22--PUBLIC MOBILE SERVICES
72. The authority citation for part 22 continues to read as
follows:
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
Sec. 22.99 [Amended]
73. Section 22.99, the definition of emission mask is amended by
removing the term ``type acceptance'' and adding in its place
``certification''.
Sec. 22.377 [Amended]
74. Section 22.377, existing paragraph (c) is removed, paragraph
(d) is redesignated as paragraph (c), the section heading, introductory
text, paragraphs (a), (b) and newly redesignated (c) are amended by
removing the term ``type-acceptance'' and adding in its place
``certification'' each place it appears and removing the term ``type-
accepted'' and adding in its place ``certificated''.
Sec. 22.379 [Amended]
75. Section 22.379(a) is amended by removing the term ``type-
accepted'' and adding in its place ``certificated''.
[[Page 36604]]
PART 24--PERSONAL COMMUNICATIONS SERVICES
76. The authority citation for part 24 continues to read as
follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.
Sec. 24.51 [Amended]
77. Section 24.51, existing paragraph (b) is removed, paragraphs
(c) and (d) are redesignated as paragraphs (b) and (c), paragraph (a)
and newly redesignated paragraph (c) are amended by removing the term
``type acceptance'' each place it appears and adding in its place
``certification''. Newly redesignated paragraph (b) is amended by
removing the last sentence.
PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE
78. The authority citation for part 26 continues to read as
follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332, unless
otherwise noted.
79. Section 26.51 is revised to read as follows:
Sec. 26.51 Equipment authorization.
(a) Each transmitter utilized for operation under this part and
each transmitter marketed, as set forth in Sec. 2.803 of this chapter,
must be of a type that has been authorized by the Commission under its
type certification procedure.
(b) Any manufacturer of radio transmitting equipment to be used in
these services may request equipment authorization following the
procedures set forth in Subpart J of part 2 of this chapter. Equipment
authorization for an individual transmitter may be requested by an
applicant for a station authorization by following the procedures set
forth in part 2 of this chapter.
PART 73--RADIO BROADCAST SERVICES
80. The authority citation for part 73 continues to read as
follows:
Authority: 47 U.S.C. 154, 303, 334 and 336.
81. Section 73.53 is amended by revising paragraphs (a), (b)
introductory text, and (b)(10) to read as follows:
Sec. 73.53 Requirements for authorization of antenna monitors.
(a) Antenna monitors shall be verified for compliance with the
technical requirements in this section. The procedure for verification
is specified in subpart J of part 2 of the FCC's rules.
(b) An antenna monitor shall meet the following specifications:
* * * * *
(10) Complete and correct schematic diagrams and operating
instructions shall be retained by the party responsible for
verification of the equipment and submitted to the FCC upon request.
For the purpose of equipment authorization, these diagrams and
instructions shall be considered as part of the monitor.
* * * * *
82. Section 73.1660 is revised to read as follows:
Sec. 73.1660 Acceptability of broadcast transmitters.
(a) An AM, FM or TV transmitter shall be verified for compliance
with the requirements of this part following the procedures described
in part 2 of the FCC rules.
(b) A permittee or licensee planning to modify a transmitter which
has been approved by the FCC or verified for compliance must follow the
requirements contained in Sec. 73.1690.
(c) A transmitter which was in use prior to January 30, 1955, may
continue to be used by the licensee, and successors or assignees, if it
continues to comply with the technical requirements for the type of
station at which it is used.
(d) AM stereophonic exciter-generators for interfacing with
approved or verified AM transmitters may be certified upon request from
any manufacturer in accordance with the procedures described in part 2
of the FCC rules. Broadcast licensees may modify their certified AM
stereophonic exciter-generators in accordance with Sec. 73.1690.
(e) Additional rules covering certification and verification,
modification of authorized transmitters, and withdrawal of a grant of
authorization are contained in part 2 of the FCC rules.
83. Section 73.1665, paragraph (c) and the note that follows are
revised to read as follows:
Sec. 73.1665 Main transmitters.
* * * * *
(c) A licensee may, without further authority or notification to
the FCC, replace an existing main transmitter or install additional
main transmitter(s) for use with the authorized antenna if the
replacement or additional transmitter(s) has been verified for
compliance. Within 10 days after commencement of regular use of the
replacement or additional transmitter(s), equipment performance
measurements, as prescribed for the type of station are to be
completed.
Note to paragraph (c): Pending the availability of AM broadcast
transmitters that are approved or verified for use in the 1605-1705
kHz band, transmitters that are approved or verified for use in the
535-1605 kHz band may be utilized in the 1605-1705 kHz band if it is
shown that the requirements of Sec. 73.44 have been met.
Verification or FCC approval of the transmitter will supersede the
applicability of this note.
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
84. The authority citation for part 74 continues to read as
follows:
Authority: 47 U.S.C. 154, 303, 307, and 554.
85. Section 74.451, the section heading is revised to read as
follows:
Sec. 74.451 Certification of equipment.
Sec. 74.451 [Amended]
Paragraphs (a), (b), (c), (d) and (f) are amended by removing the
term ``type accepted'' each place it appears and adding in its place
``certificated'' and by removing the term ``type acceptance'' each
place it appears and adding in its place ``certification''. The last
sentence of paragraph (c) is removed.
Sec. 74.452 [Amended]
86. Section 74.452, paragraphs (b) and (d) are amended by removing
the term ``type accepted'' each place it appears and adding in its
place ``certificated''.
Sec. 74.462 [Amended]
87. Section 74.462, paragraph (a) is amended by removing the term
``type accepted'' each place it appears and adding in its place
``certificated'', footnote 4 of the table in paragraph (b) is amended
by removing the term ``type accepted'' and adding in its place
``certificated'' and removing the term ``Radio Equipment List'' and
adding in its place ``database''.
88. Section 74.550 is revised to read as follows:
Sec. 74.550 Equipment authorization.
Each authorization for aural broadcast STL, ICR, and booster
stations shall require the use of equipment which has been certificated
or verified. Equipment which has not been approved under the equipment
authorization program and which was in service prior to July 1, 1993,
may be retained solely for temporary uses necessary to restore or
maintain regular service provided by approved equipment, because the
main or primary unit has failed or requires servicing. Such temporary
uses may not interfere with or impede the establishment of other aural
broadcast auxiliary links and may not occur during more than 720
cumulative hours per year. Should interference occur, the
[[Page 36605]]
licensee must take all steps necessary to eliminate it, up to and
including cessation of operation of the auxiliary transmitter. All
unapproved equipment retained for temporary use must have been in the
possession of the licensee prior to July 1, 1993, and may not be
obtained from other sources. Equipment designed exclusively for fixed
operation shall be authorized under the verification procedure. The
equipment authorization procedures are contained in subpart J of part 2
of the rules.
Note to Sec. 74.550: Consistent with the note to Sec. 74.502(a),
grandfathered equipment in the 942-944 MHz band and STL/ICR users of
these frequencies in Puerto Rico are also required to come into
compliance by July 1, 1993. The backup provisions described above
apply to these stations also.
Sec. 74.632 [Amended]
89. Section 74.632, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``authorized as required''.
Sec. 74.651 [Amended]
90. Section 74.651, paragraph (a)(1) is amended by removing the
term ``type accepted or notified'' and adding in its place
``authorized''.
91. Section 74.655 is revised to read as follows:
Sec. 74.655 Authorization of equipment.
(a) Except as provided in paragraph (b) of this section, all
transmitting equipment first marketed for use under this subpart or
placed into service after October 1, 1981, must be authorized under the
certification or verification procedure, as detailed in paragraph (f)
of this section. Equipment which is used at a station licensed prior to
October 1, 1985, which has not been authorized as detailed in paragraph
(f) of this section, may continue to be used by the licensee or its
successors or assignees, provided that if operation of such equipment
causes harmful interference due to its failure to comply with the
technical standards set forth in this subpart, the FCC may, at its
discretion, require the licensee to take such corrective action as is
necessary to eliminate the interference. However, such equipment may
not be further marketed or reused under part 74 after October 1, 1985.
Transmitters designed for use in the 31.0 to 31.3 GHz band shall be
authorized under the verification procedure.
(b) Certification or verification is not required for transmitters
used in conjunction with TV pickup stations operating with a peak
output power not greater than 250 mW. Pickup stations operating in
excess of 250 mW licensed pursuant to applications accepted for filing
prior to October 1, 1980 may continue operation subject to periodic
renewal. If operation of such equipment causes harmful interference the
FCC may, at its discretion, require the licensee to take such
corrective action as is necessary to eliminate the interference.
(c) The license of a TV auxiliary station may replace transmitting
equipment with authorized equipment, as detailed under paragraph (f) of
this section, without prior FCC approval, provided the proposed changes
will not depart from any of the terms of the station or system
authorization or the Commission's technical rules governing this
service, and also provided that any changes made to authorized
transmitting equipment is in compliance with the provisions of part 2
of the FCC rules concerning modifications to authorized equipment.
(d) Any manufacturer of a transmitter to be used in this service
may authorize the equipment under the certification or verification
procedure, as appropriate, following the procedures set forth in
subpart J of part 2 of the FCC rules.
(e) An applicant for a TV broadcast auxiliary station may also
authorize an individual transmitter, as specified in paragraph (f) of
this section, by following the procedures set forth in subpart J of
part 2 of the FCC rules and regulations.
(f) Transmitters designed to be used exclusively for a TV STL
station, a TV intercity relay station, a TV translator relay station,
or a TV microwave booster station, shall be authorized under
verification. All other transmitters will be authorized under the
certification procedure.
Sec. 74.750 [Amended]
92. Section 74.750, paragraph (a), (b), (c) introductory text and
(g) are amended by removing the term ``type accepted'' each place it
appears and adding in it place ``certificated''. Paragraph (e)
introductory text and (e)(1), (e)(2), (e)(3), (e)(4) are amended by
removing the term ``type accepted'' each place its appears and adding
in its place ``certificated'' and by removing the term ``type
acceptance'' each place it appears and adding in its place
``certification''. The last two sentences of paragraph (e)(1) are
removed.
Sec. 74.751 [Amended]
93. Section 74.751, paragraphs (a) and (b)(1) are amended by
removing the term ``type accepted'' and adding in its place
``certificated''.
94. Section 74.851, the section heading is revised to read as
follows:
Sec. 74.851 Certification of equipment.
Sec. 74.851 [Amended]
Paragraphs (a), (b), (c), (e) and (f) are amended by removing the
term ``type accepted'' each place its appears and adding in its place
``certificated'' and by removing the term ``type acceptance'' each
place it appears and adding in its place ``certification''. The last
sentence of paragraph (c) is removed.
Sec. 74.852 [Amended]
95. Section 74.852, paragraph (a) is amended by removing the term
``type accepted'' each place it appears and adding in its place
``certificated''.
Sec. 74.861 [Amended]
96. Section 74.861, paragraph (b) is amended by removing the term
``type accepted'' and adding in its place ``certificated'', and
removing the term ``type acceptance'' and adding in its place
``certification''.
Sec. 74.938 [Amended]
97. Section 74.938 is amended by removing the term ``type
accepted'' and adding in its place ``certificated'', and removing the
term ``type acceptance'' each place it appears and adding in its place
``certification''.
Sec. 74.939 [Amended]
98. Section 74.939, paragraph (j) is amended by removing the term
``type acceptance'' and adding in its place ``certification''.
Sec. 74.950 [Amended]
99. Section 74.950, paragraph (f) introductory text is amended by
removing the term ``type accepted'' and adding in its place
``certificated''.
Sec. 74.951 [Amended]
100. Section 74.951, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 74.952 [Amended]
101. Section 74.952, paragraph (a) is redesignated as paragraph
(b), the introductory text is redesignated as paragraph (a), and newly
redesignated paragraphs (a) and (b) are amended by removing the term
``type accepted'' and adding in its place ``certificated'', and newly
redesignated paragraph (b) is amended removing the term ``type
acceptance'' each place it appears and adding in its place
``certification''.
Sec. 74.1235 [Amended]
102. Section 74.1235(e) is amended by removing the term ``type-
accepted'' each place it appears and adding in its place
``certificated''.
[[Page 36606]]
103. Section 74.1250 is amended by revising paragraphs (a), (b) and
(c) introductory text to read as follows:
Sec. 74.1250 Transmitters and associated equipment.
(a) FM translator and booster transmitting apparatus, and exciters
employed to provide a locally generated and modulated input signal to
translator and booster equipment, used by stations authorized under the
provisions of this subpart must be certificated upon the request of any
manufacturer of transmitters in accordance with this section and
subpart J of part 2 of this chapter. In addition, FM translator and
booster stations may use FM broadcast transmitting apparatus verified
or approved under the provisions of part 73 of this chapter.
(b) Transmitting antennas, antennas used to receive signals to be
rebroadcast, and transmission lines are not subject to the requirement
for certification.
(c) The following requirements must be met before translator,
booster or exciter equipment will be certificated in accordance with
this section:
* * * * *
Sec. 74.1251 [Amended]
104. Section 74.1251, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``certificated'', and
revising the reference ``Sec. 2.1001'' to read ``Part 2''. Paragraph
(b)(1) is amended by removing the term ``type accepted'' and adding in
its place ``certificated''.
PART 78--CABLE TELEVISION RELAY SERVICE
105. The authority citation for part 78 continues to read as
follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.
106. Section 78.107 is amended by removing paragraph (a) and by
redesignating paragraphs (b), (c), (d) and (e) as paragraphs (a), (b),
(c), and (d). The newly redesignated paragraph (a) is amended by
revising paragraph (a) introductory text, and paragraph (a)(2) to read
as follows:
Sec. 78.107 Equipment and installation.
(a) Applications for new cable television relay stations, other
than fixed stations, will not be accepted unless the equipment
specified therein has been certificated. In the case of fixed stations,
the equipment must be authorized under the verification procedure for
use pursuant to the provisions of this subpart. Transmitters designed
for use in the 31.0 to 31.3 GHz band shall be authorized under the
verification procedure.
(1) * * *
(2) Neither certification nor verification is required for the
following transmitters:
* * * * *
Part 78 Index [Amended]
107. The alphabetical index to part 78 is amended by removing the
entry for ``Equipment list, Type accepted'', and removing the entry for
``Type accepted equipment'' and adding in its place ``Certificated
equipment''.
PART 80--STATIONS IN THE MARITIME SERVICES
108. The authority citation for part 80 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, 307(e) unless otherwise noted. Interpret or apply
48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-
609; 3 UST 3450, 3 UST 4726, 12 UST 2377.
Sec. 80.29 [Amended]
109. Section 80.29, the table in paragraph (a) is amended by
removing the term ``type-accepted'' and adding in its place
``authorized'' in the second column.
Sec. 80.43 [Amended]
110. Section 80.43 is amended by removing the term ``type
accepted'' and adding in its place ``authorized''.
Sec. 80.203 [Amended]
111. Section 80.203, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``certificated'' in the first
sentence, removing the term ``type acceptance'' and adding in its place
``certification'' in the second sentence, and removing the term ``type
accepted or type approved'' and adding in its place ``authorized'' in
the last sentence. Paragraphs (d), (f), (h), (g), (i), (j), (k), (l)
and (m)(2) are amended by removing the term ``type accepted'' each
place it appears and adding in its place ``certificated'' and removing
the term ``type acceptance'' each place its appears and adding in its
place ``certification''. Paragraph (k) is amended by removing the last
sentence.
Sec. 80.205 [Amended]
112. Section 80.205, paragraph (a), footnote 11 is amended by
removing the term ``type accepted'' and adding in its place
``approved''.
Sec. 80.207 [Amended]
113. Section 80.207, paragraph (d), footnotes 2 and 5 are amended
by removing the term ``type accepted'' and adding in its place
``approved''.
114. In the first column of the table in the entries in paragraph
(a) of Sec. 80.209, paragraphs (1)(ii), (1)(iii) and (1)(iv) are
amended by removing the terms ``type accepted or type approved'' and
``type approved'' and adding in its place ``approved''. Footnote 1
following the table, is amended by removing the term ``type
acceptance'' and adding in its place ``approval''. Footnote 2 is
amended by removing the term ``type accepted'' and adding in its place
``approved''.
Sec. 80.215 [Amended]
115. Section 80.215, in paragraph (e)(3), footnote 8 is amended by
removing the term ``type acceptance'' and adding in its place
``Certification''.
Sec. 80.221 [Amended]
116. Section 80.221, paragraph (d) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 80.251 [Amended]
117. Section 80.251, paragraph (a) is amended by removing the term
``type acceptance'' and adding in its place ``certification'', and in
paragraph (b) by removing the term ``type accepted'' and adding in its
place ``certificated''.
Sec. 80.253 [Amended]
118. Section 80.253, in paragraph (a), footnote 1 is amended by
removing the term ``type accepted or type approved'' and adding in its
place ``approved''. Footnote 2 is amended by removing the term ``type
accepted or type approval'' and adding in its place ``approved''.
Sec. 80.255 [Amended]
119. Section 80.255, paragraph (a), footnotes 1 and 2 are amended
by removing the terms ``type accepted or type approved'' and adding in
its place ``approved''.
Sec. 80.250 [Amended]
120. Section 80.259, paragraph (a) introductory text is amended by
removing the term ``type acceptance'' and adding in its place
``certification'', paragraphs (a)(1) and (a)(2) are amended by removing
the term ``type approved'' and adding in its place ``approved''.
Sec. 80.265 [Amended]
121. Section 80.265, following the table in paragraph (b)(1),
footnotes 1 and 2 are amended by removing the terms ``type accepted or
type approved'' and adding in its place ``approved''. Footnote 3 is
amended by removing the word ``type''. Paragraph (c)(1), the footnote
to the table is amended by
[[Page 36607]]
removing the term ``type approved'' and adding in its place
``approved''. Paragraph (e)(2) is amended by removing the term ``type
accepted'' and adding in its place ``certificated''.
Sec. 80.267 [Amended]
122. Section 80.267, paragraph (a)(1), following the table,
footnotes 1 and 2 are amended by removing the term ``type accepted or
type approved'' and adding in its place ``approved''.
Sec. 80.271 [Amended]
123. Section 80.271, paragraphs (b), (c) and (d) are amended by
removing the term ``type accepted'' and adding in its place
``certificated''. Paragraph (e) is amended by removing the term ``Radio
Equipment List'' and adding in its place ``database''.
Sec. 80.605 [Amended]
124. Section 80.605, paragraph (b) is amended by removing the term
``type acceptance'' each place it appears and adding in its place
``certification'' .
Sec. 80.812 [Amended]
125. Section 80.812 is amended by removing the term ``of a type
accepted'' and adding in its place ``certificated''.
Sec. 80.814 [Amended]
126. Section 80.814 is amended by removing the term ``of a type
accepted'' and adding in its place ``certificated''.
Sec. 80.829 [Amended]
127. Section 80.829, paragraph (b) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 80.831 [Amended]
128. Section 80.831, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 80.833 [Amended]
129. Section 80.833, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 80.836 [Amended]
130. Section 80.836, paragraph (c)(3)(i) is amended by removing the
term ``type accepted'' and adding in its place ``certificated''.
Sec. 80.856 [Amended]
131. Section 80.856 is amended by removing the term ``type
accepted'' and adding in its place ``certificated''.
Sec. 80.873 [Amended]
132. Section 80.873, paragraph (d)(3) is amended by removing the
term ``type accepted'' and adding in its place ``certificated''.
Sec. 80.874 [Amended]
133. Section 80.874, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 80.911 [Amended]
134. Section 80.911, paragraph (c) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 80.1053 [Amended]
135. Section 80.1053, paragraph (c) is amended by removing the term
``type accepted'' each place it appears and adding in its place
``certificated'', and by removing the term ``type acceptance'' each
place it appears and adding in its place ``certification''.
Sec. 80.1059 [Amended]
136. Section 80.1059, paragraph (e) is amended by removing the term
``type acceptance'' and adding in its place ``certification''.
Sec. 80.1061 [Amended]
137. Section 80.1061, paragraphs (c) and (d) are amended by
removing the term ``type acceptance'' and adding in its place
``certification''.
Sec. 80.1103 [Amended]
138. Section 80.1103, paragraph (a) is amended by removing the term
``type accepted'' and adding in its place ``certificated'' and by
removing the term ``notified'' and adding in its ``verified''.
Paragraph (b) is amended by removing the term ``type acceptance'' and
adding in its place ``certification'', and paragraph (c) is amended by
removing the term ``notification'' and adding in its place
``verification'' and by removing the term ``certificate'' and adding in
its place ``certification''.
PART 87--AVIATION SERVICES
139. The authority citation for part 87 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-
1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.
Sec. 87.39 [Amended]
140. Section 87.39 is amended by removing the term ``type
accepted'' and adding in its place ``certificated''.
Sec. 87. 131 [Amended]
141. Section 87.131, footnote 5 of the table, is amended by
removing the term ``type accepted'' and adding in its place
``certificated'', and footnote 7 is amended by removing the term ``type
acceptance'' and adding in its place ``certification''.
Sec. 87.133 [Amended]
142. Section 87.133, paragraph (a), footnote 3 of the table is
amended by removing the term ``type accepted or type approved'' and
adding in its place ``approved''. Footnotes 4 and 5 are amended by
removing the term ``type accepted'' and adding in its place
``approved''. Footnote 11 is amended by removing the term ``type
acceptance'' and adding in its place ``certification''.
Sec. 87.137 [Amended]
143. Section 87.137, paragraph (a), footnotes 3 and 15 of the table
are amended by removing the term ``type accepted'' and adding in its
place ``approved''. Footnote 4 is amended by removing the term ``type
acceptance'' and adding in its place ``approval''.
Sec. 87.139 [Amended]
144. Section 87.139, paragraph (g) is amended by removing the term
``type accepted'' and adding in its place ``approved''.
145. Section 87.145 is revised to read as follows:
Sec. 87.145 Acceptability of transmitters for licensing.
(a) Each transmitter must be certificated for use in these
services, except as listed in paragraph (c) of this section. However,
aircraft stations which transmit on maritime mobile frequencies must
use transmitters certificated for use in ship stations in accordance
with part 80 of this chapter. Certification under part 80 is not
required for aircraft earth stations transmitting on maritime mobile-
satellite frequencies. Such stations must be certificated under part
87.
(b) Some radio equipment installed on air carrier aircraft must
meet the requirements of the Commission and the requirements of the
FAA. The FAA requirements may be obtained from the FAA, Aircraft
Maintenance Division, 800 Independence Ave., SW., Washington, DC 20591.
(c) The equipment listed below is exempted from certification. The
operation of transmitters which have not been certificated must not
result in harmful interference due to the failure of those transmitters
to comply with technical standards of this subpart.
(1) Development or Civil Air Patrol transmitters.
(2) Flight test station transmitters for limited periods where
justified.
(3) U.S. Government transmitters furnished in the performance of a
U.S. Government contract if the use of
[[Page 36608]]
certificated equipment would increase the cost of the contract or if
the transmitter will be incorporated in the finished product. However,
such equipment must meet the technical standards contained in this
subpart.
(4) ELTs verified in accordance with Sec. 87.147(e).
(5) Signal generators when used as radionavigation land test
stations (MTF).
(d) Aircraft earth stations must correct their transmit frequencies
for Doppler effect relative to the satellite. The transmitted signal
may not deviate more than 335 Hz from the desired transmit frequency.
(This is a root sum square error which assumes zero error for the
received ground earth station signal and includes the AES transmit/
receive frequency reference error and the AES automatic frequency
control residual errors.) The applicant must attest that the equipment
provides adequate Doppler effect compensation and where applicable,
that measurements have been made that demonstrate compliance.
Submission of data demonstrating compliance is not required unless
requested by the Commission.
146. Section 87.147 is amended by revising paragraphs (a), (b),
(c), (d) introductory text, (d)(2), and (e) to read as follows:
Sec. 87.147 Authorization of equipment.
(a) Certification may be requested by following the procedures in
part 2 of this chapter. Aircraft transmitters must meet the
requirements over an ambient temperature range of -20 degrees to +50
degrees Celsius.
(b) ELTs manufactured after October 1, 1988, must meet the output
power characteristics contained in Sec. 87.141(i) when tested in
accordance with the Signal Enhancement Test contained in subpart N,
part 2 of this chapter. A report of the measurements must be submitted
with each application for certification. ELTs that meet the output
power characteristics of the section must have a permanent label
prominently displayed on the outer casing state, ``Meets FCC Rule for
improved satellite detection.'' This label, however, must not be placed
on the equipment without authorization to do so by the Commission.
Application for such authorization may be made either by submission of
a new application for certification accompanied by the required fee and
all information and test data required by parts 2 and 87 of this
chapter or, for ELTs approved prior to October 1, 1988, a letter
requesting such authorization, including appropriate test data and a
showing that all units produced under the original equipment
authorization comply with the requirements of this paragraph without
change to the original circuitry.
(c) An applicant for a station license may request certification
for an individual transmitter by following the procedure in part 2 of
this chapter. Such a transmitter will be individually certified and so
noted on the station license.
(d) An applicant for certification of equipment intended for
transmission in any of the frequency bands listed in paragraph (d)(3)
of this section must notify the FAA of the filing of a certification
application. The letter of notification must be mailed to: FAA,
Spectrum Engineering Division, 800 Independence Ave. SW., Washington,
DC 20591 no later than the date of filing of the application with the
Commission.
(1) * * *
(2) The certification application must include a copy of the
notification letter to the FAA. The Commission will not act for 21 days
after receipt of the application to afford the FAA an opportunity to
comment. If the FAA objects to the application for equipment
authorization, it should mail its objection with a showing that the
equipment is incompatible with the National Airspace System to: Office
of Engineering and Technology Laboratory, Authorization and Evaluation
Division, 7435 Oakland Mills Rd., Columbia, MD 21046. If the Commission
receives such an objection, the Commission will consider the FAA
showing before taking final action on the application.
(3) * * *
(e) Verification reports for ELTs capable of operating on the
frequency 406.025 MHz must include sufficient documentation to show
that the ELT meets the requirements of Sec. 87.199(a). A letter
notifying the FAA of the ELT verification must be mailed to: FAA,
Spectrum Engineering Division, 800 Independence Avenue SW., Washington,
DC 20591.
Sec. 87.189 [Amended]
147. Section 87.189, paragraph (b) is amended by removing the term
``type-accepted'' and adding in its place ``certificated''.
148. Section 87.199 is amended by revising paragraphs (c) and (d)
to read as follows:
Sec. 87.199 Special requirements for 406.025 MHz ELTs.
* * * * *
(c) Prior to verification of a 406.025 MHz ELT, the ELT must be
certified by a test facility recognized by one of the COSPAS/SARSAT
Partners that the equipment satisfies the design characteristics
associated with the COSPAS/SARSAT document COSPAS/SARSAT 406 MHz
Distress Beacon Type Approval Standard (C/S T.007). Additionally, an
independent test facility must certify that the ELT complies with the
electrical and environmental standards associated with the RTCA
Recommended Standards.
(d) The procedures for verification are contained in subpart J of
part 2 of this chapter.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
149. The authority citation for part 90 continues to read as
follows:
Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless
otherwise noted.
Sec. 90.5 [Amended]
150. Section 90.5, paragraph (c) is amended by removing the term
``type acceptance and type approval'' and adding in its place
``certification''.
Sec. 90.20 [Amended]
151. Section 90.20, paragraph (e)(5)(i), (f)(4) and (f)(5) are
amended by removing the term ``type accepted'' and adding in its place
``certificated''.
Sec. 90.35 [Amended]
152. Section 90.35, paragraph (c)(22) is amended by removing the
term ``type accepted'' and adding in its place ``certificated''.
Sec. 90.65 [Amended]
153. Section 90.65, paragraph (c)(11) is amended by removing the
term ``type accepted'' and adding in its place ``certificated''.
Sec. 90.103 [Amended]
154. Section 90.103, paragraphs (c)(23) and (c)(24) are amended by
removing the term ``type accepted'' and adding in its place
``certificated''.
155. Section 90.129 is amended by revising paragraph (b) to read as
follows:
Sec. 90.129 Supplemental information to be routinely submitted with
applications.
* * * * *
(b) Description of any equipment proposed to be used if it is not
approved for use under this part.
* * * * *
156. Section 90.203 is amended by revising paragraph (a) and
paragraph (b) introductory text and paragraphs (c), (e), (f), (h)(2),
(j)(2) introductory text, (j)(4)
[[Page 36609]]
introductory text, (j)(5), (j)(6) introductory text, (j)(6)(i)(A),
(j)(7), (j)(8), and (k) to read as follows:
Sec. 90.203 Certification required.
(a) Except as specified in paragraph (b) of this section, each
transmitter utilized for operation under this part and each transmitter
marketed as set forth in Sec. 2.803 of this chapter must be of a type
which has been certificated for use under this part.
(1) [Reserved]
(2) Any manufacturer of radio transmitting equipment (including
signal boosters) to be used in these services may request certification
for such equipment following the procedures set forth in subpart J of
part 2 of this chapter. Certification for an individual transmitter or
signal booster also may be requested by an applicant for a station
authorization by following the procedure set forth in part 2 of this
chapter. Such equipment if approved will be individually enumerated on
the station authorization.
(b) Certification is not required for the following:
* * * * *
(c) Radiolocation transmitters for use in public safety and land
transportation applications marketed prior to January 1, 1974, must
meet the applicable technical standards in this part, pursuant to
Sec. 2.803 of this chapter.
* * * * *
(e) Except as provided in paragraph (g) of this section,
transmitters designed to operate above 25 MHz shall not be certificated
for use under this part if the operator can program and transmit on
frequencies, other than those programmed by the manufacturer, service
or maintenance personnel, using the equipment's external operation
controls.
(f) Except as provided in paragraph (g) of this section,
transmitters designed to operate above 25 MHz that have been approved
prior to January 15, 1988, and that permit the operator, by using
external controls, to program the transmitter's operating frequencies,
shall not be manufactured in, or imported into the United States after
March 15, 1988. Marketing of these transmitters shall not be permitted
after March 15, 1989.
* * * * *
(h) * * *
(2) The part 90 certification limits the use of the equipment to
operations only under Sec. 90.423.
(i) Equipment certificated after February 16, 1988 and marketed for
public safety operation in the 821-824/866-869 MHz bands must have the
capability to be programmed for operation on the mutual aid channels as
designated in Sec. 90.617(a) of the rules.
(j) * * *
(2) Applications for certification received on or after February
14, 1997 will only be granted for equipment with the following channel
bandwidths:
* * * * *
(3) Applications for part 90 certification of transmitters designed
to operate on frequencies in the 150-174 MHz and/or 421-512 MHz bands,
received on or after February 14, 1997, must include a certification
that the equipment meets a spectrum efficiency standard of one voice
channel per 12.5 kHz of channel bandwidth. Additionally, if the
equipment is capable of transmitting data, has transmitter output power
greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz,
the equipment must be capable of supporting a minimum data rate of 4800
bits per second per 6.25 kHz of channel bandwidth.
(4) Applications for certification received on or after January 1,
2005, except for hand-held transmitters with an output power of two
watts or less, will only be granted for equipment with the following
channel bandwidths:
* * * * *
(5) Applications for part 90 certification of transmitters designed
to operate on frequencies in the 150-174 MHz and/or 421-512 MHz bands,
received on or after January 1, 2005, must include a certification that
the equipment meets a spectrum efficiency standard of one voice channel
per 6.25 kHz of channel bandwidth. Additionally, if the equipment is
capable of transmitting data, has transmitter output power greater than
500 mW, and has a channel bandwidth of more than 6.25 kHz, the
equipment must be capable of supporting a minimum data rate of 4800
bits per second per 6.25 kHz of channel bandwidth.
(6) Modification and permissive changes to certification grants.
(i) * * *
(A) Transmitters that have the inherent capability for multi-mode
or narrowband operation allowed in paragraphs (j)(2) and (j)(4) of this
section, may have their grant of certification modified (reissued) upon
demonstrating that the original unit complies with the technical
requirements for operation; and
(B) * * *
(ii) * * *
(7) Transmitters designed for one-way paging operations will be
certificated with a 25 kHz channel bandwidth and are exempt from the
spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of
this section.
(8) The Commission's Equipment Authorization Division may, on a
case by case basis, grant certification to equipment with slower data
rates than specified in paragraphs (j)(3) and (j)(5) of this section,
provided that a technical analysis is submitted with the application
which describes why the slower data rate will provide more spectral
efficiency than the standard data rate.
* * * * *
(k)(1) For transmitters operating on frequencies in the 220-222 MHz
band, certification will only be granted for equipment with channel
bandwidths up to 5 kHz, except that certification will be granted for
equipment operating on 220-222 MHz band Channels 1 through 160
(220.0025 through 220.7975/221.0025 through 221.7975), 171 through 180
(220.8525 through 220.8975/221.8525 through 221.8975), and 186 through
200 (220.9275 through 220.9975/221.9275 through 221.9975) with channel
bandwidths greater than 5 kHz if the equipment meets the following
spectrum efficiency standard: Applications for part 90 certification of
transmitters designed to operate on frequencies in the 220-222 MHz band
must include a statement that the equipment meets a spectrum efficiency
standard of at least one voice channel per 5 kHz of channel bandwidth
(for voice communications), and a data rate of at least 4,800 bits per
second per 5 kHz of channel bandwidth (for data communications).
Certification for transmitters operating on 220-222 MHz band Channels 1
through 160 (220.0025 through 220.7975/221.0025 through 221.7975), 171
through 180 (220.8525 through 220.8975/221.8525 through 221.8975), and
186 through 200 (220.9275 through 220.9975/221.9275 through 221.9975)
with channel bandwidths greater than 5 kHz will be granted without the
requirement that a statement be included that the equipment meets the
spectrum efficiency standard if the requests for certification of such
transmitters are filed after December 31, 2001.
(2) Certification may be granted on a case-by-case basis by the
Commission's Equipment Authorization Division for equipment operating
on 220-222 MHz band Channels 1 through 160 (220.0025 through 220.7975/
221.0025 through 221.7975), 171 through 180 (220.8525 through 220.8975/
221.8525 through 221.8975), and 186 through 200 (220.9275 through
220.9975/221.9275
[[Page 36610]]
through 221.9975) with channel bandwidths greater than 5 kHz and not
satisfying the spectrum efficiency standard identified in paragraph
(k)(1) of this section, if requests for part 90 certification of such
transmitters are accompanied by a technical analysis that
satisfactorily demonstrates that the transmitters will provide more
spectral efficiency than that which would be provided by use of the
spectrum efficiency standard.
Sec. 90.211 [Amended]
157. Section 90.211, paragraph (b) is amended by removing the term
``type acceptance'' each place it appears and adding in its place
``certification''.
Sec. 90.219 [Amended]
158. Section 90.219, paragraph (e) is amended by removing the term
``type-accepted'' and adding in its place ``certificated''.
Sec. 90.237 [Amended]
159. Section 90.237, paragraphs (c) and (g) are amended by removing
the term ``type-accepted'' each place it appears and adding in its
place ``certificated''.
Sec. 90.241 [Amended]
160. Section 90.241, paragraph (c)(12) is amended by removing the
term ``Type accepted'' and adding in its place ``certificated''.
Sec. 90.269 [Amended]
161. Section 90.269, paragraph (a)(2) is amended by removing the
term ``type accepted'' and adding in its place ``certificated''.
PART 95--PERSONAL RADIO SERVICES
162. The authority citation for part 95 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.
Sec. 95.117 [Amended]
163. Section 95.117, paragraph (a)(4) is amended by removing the
term ``type-accepted'' and adding in its place ``certificated''.
Sec. 95.129 [Amended]
164. Section 95.129, paragraphs (a), (b)(1) and (b)(2) are amended
by removing the term ``type-accepted'' and adding in its place
``certificated''.
Sec. 95.133 [Amended]
165. Section 95.133, paragraphs (a) and (b) are amended by removing
the term ``type-accepted'' each place it appear and adding in its place
``certificated''.
166. Section 95.209 is revised to read as follows:
Sec. 95.209 (R/C Rule 9) What equipment may I use at my R/C station?
(a) Your R/C station may transmit only with:
(1) An FCC certificated R/C transmitter (certificated means the FCC
has determined that certain radio equipment is capable of meeting
recommended standards for operation); or
(2) A non-certificated R/C transmitter on Channels 26.995-27.255
MHz if it complies with the technical standards (see part 95, subpart
E).
(3) Use of a transmitter outside of the band 26.955-27.255 MHz
which is not certificated voids your authority to operate the station.
Use of a transmitter in the band 26.995-27.255 MHz which does not
comply with the technical standards voids your authority to operate the
station.
(b) You may examine a list of certificated transmitters at any FCC
field office.
(c) Your R/C station may transmit with a transmitter assembled from
a kit.
(d) You must not make, or have made, any internal modification to a
certificated transmitter. (See R/C Rule 22.) Any internal modification
to a certificated transmitter cancels the certification, and use of
such a transmitter voids your authority to operate the station.
Sec. 95.221 [Amended]
167. Section 95.221, paragraph (b) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 95.222 [Amended]
168. Section 95.222, paragraph (b)(2) is amended by removing the
term ``type accepted'' and adding in its place ``certificated''.
Sec. 95.225 [Amended]
169. Section 95.225, paragraph (a)(2) is amended by removing the
term ``type-accepted'' and adding in its place ``certificated''.
Sec. 95.409 [Amended]
170. Section 95.409, paragraphs (a) and (b) are amended by removing
the term ``type-accepted'' each place it appears and adding in its
place ``certificated'', and by removing the term ``type acceptance''
each place it appears and adding in its place ``certification''.
Sec. 95.411 [Amended]
171. Section 95.411, paragraph (a) introductory text is amended by
removing the term ``type-accepted'' and adding in its place
``certificated''.
Sec. 95.425 [Amended]
172. Section 95.425, paragraph (b)(2) is amended by removing the
term ``type accepted'' and adding in its place ``certificated''.
Sec. 95.428 [Amended]
173. Section 95.428, paragraph (a)(2) is amended by removing the
term ``type-accepted'' and adding in its place ``certificated''.
Sec. 95.601 [Amended]
174. Section 95.601 is amended by removing the term ``type
acceptance or type certification'' and adding in its place
``certification''.
Sec. 95.603 [Amended]
175. Section 95.603 the section heading is revised, paragraphs (a),
(b), (c) and (e) are amended by removing the term ``type accepted''
each place it appears and adding in its place ``certificated''.
Sec. 95.603 Certification required.
176. Section 95.605 is revised to read as follows:
Sec. 95.605 Certification procedures.
Any entity may request certification for its transmitter when the
transmitter is used in the GMRS, R/C, CB, IVDS, LPRS, or FRS following
the procedures in part 2 of this chapter.
Sec. 95.607 [Amended]
177. Section 95.607, introductory text and paragraph (a) are
revised by removing the term ``type accepted'' and adding in its place
``certificated'', and removing the term ``type acceptance'' each place
it appears and adding in its place ``certification''.
Sec. 95.635 [Amended]
178. Section 95.635, the table in paragraph (b) is amended by
removing the term ``type accepted'' each place it appears and adding in
its place ``authorized''.
Sec. 95.645 [Amended]
179. The undesignated center heading preceding Sec. 95.645 is
revised to read as follows: ``CERTIFICATION REQUIREMENTS''.
180. Section 95.645, paragraph (b) is amended by removing the term
``type accepted'' and adding in its place ``certificated''.
Sec. 95.653 [Amended]
181. Section 95.653, paragraph (a) is amended by removing the term
``type acceptance'' and adding in its place ``certification''.
[[Page 36611]]
Sec. 95.655 [Amended]
182. Section 95.655, paragraph (a) is amended by removing the term
``type accepted'' each place it appears and adding in its place
``certificated'', and removing the term ``type acceptance'' and adding
in its place ``certification''.
Sec. 95.665 [Amended]
183. The undesignated center heading preceding Sec. 95.665 is
revised to read as follows: ``ADDITIONAL CERTIFICATION REQUIREMENTS FOR
CB TRANSMITTERS.''
Sec. 95.669 [Amended]
184. Section 95.669, paragraph (a)(1) is amended by removing the
term ``type acceptance'' and adding in its place ``certification''.
185. Section 95.851 is revised to read as follows:
Sec. 95.851 Certification.
Each CTS and RTU transmitter must be certificated for use in the
IVDS in accordance with subpart J of part 2 of this chapter.
Sec. 95.857 [Amended]
186. Section 95.857, paragraph (c) is amended by removing the term
``type acceptance'' and adding in its place ``certification''.
PART 97--AMATEUR RADIO SERVICE
187. The authority citation for part 97 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
188. Section 97.315, the section heading is revised to read as
follows:
Sec. 97.315 Certification of external RF power amplifiers.
Paragraphs (a), (b) and (c) are amended by removing the term ``type
acceptance'' each place it appears and adding in its place
``certification'', and by removing the term ``type accepted'' each
place it appears and adding in its place ``certificated''. Paragraph
(c) is amended by removing the first sentence, and by removing the term
``on this list'' and adding in its place ``in the Commission's
database''.
189. Section 97.317, the section heading is revised to read as
follows:
Sec. 97.317 Standards for certification of external RF power
amplifiers.
Paragraphs (a), (b) and (c) are amended by removing the term ``type
acceptance'' each place it appears and adding in its place
``certification''.
PART 101--FIXED MICROWAVE SERVICES
190. The authority citation for part 101 continues to read as
follows:
Authority: 47 U.S.C. 154, 303.
Sec. 101.61 [Amended]
191. Section 101.61, paragraph (c)(1)(i) is amended by removing the
term ``type-accepted (or type-notified)'' each place it appears and
adding in its place ``certificated or verified.''
Sec. 101.107 [Amended]
192. Section 101.107, footnote 4 following the table is amended by
removing the term ``type accepted'' and adding in its place
``authorized''.
Sec. 101.133 [Amended]
193. Section 101.133, paragraph (a) is amended by removing the term
``type-accepted'' and adding in its place ``certificated''.
194. Section 101.139 is revised to read as follows:
Sec. 101.139 Authorization of transmitters.
(a) Except for transmitters used at developmental stations or for
fixed point-to-point operation pursuant to subparts H and I of this
part, each transmitter must be a type which has been certificated by
the Commission for use under the applicable rules of this part.
Transmitters used in the private operational fixed and common carrier
fixed point-to-point microwave services under subparts H and I of this
part must be of a type that has been verified for compliance.
Transmitters designed for use in the 31.0 to 31.3 GHz band will be
authorized under the verification procedure.
(b) Any manufacturer of a transmitter to be produced for use under
the rules of this part may request certification or obtain verification
by following the applicable procedures set forth in part 2 of this
chapter.
(c) Certification for an individual transmitter may also be
requested by an applicant for a station authorization, pursuant to the
procedures set forth in part 2 of this chapter.
(d) A transmitter presently shown on an instrument of
authorization, which operates on an assigned frequency in the 890-940
MHz band and has not been certificated, may continue to be used by the
licensee without certification provided such transmitter continues
otherwise to comply with the applicable rules and regulations of the
Commission.
(e) Certification or verification is not required for portable
transmitters operating with peak output power not greater than 250 mW.
If operation of such equipment causes harmful interference the FCC may,
at its discretion, require the licensee to take such corrective action
as is necessary to eliminate the interference.
(f) After July 15, 1996, the manufacturer (except for export) or
importation of equipment employing digital modulation techniques in the
3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz
bands must meet the minimum payload capacity requirements of
Sec. 101.141.
Sec. 101.141 [Amended]
195. Section 101.141, paragraph (a)(2) is amended by removing the
term ``type accepted'' and adding in its place ``certificated''.
Sec. 101.151 [Amended]
196. Section 101.151, paragraph (e) is amended by removing the term
``Type-accepted'' and adding in its place ``Certificated''.
[FR Doc. 98-17670 Filed 7-6-98; 8:45 am]
BILLING CODE 6712-01-U
