95-6965. Streamlining the Equipment Authorization Procedures for Digital Devices

[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Proposed Rules]
[Pages 15116-15118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6965]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 95-19; FCC 95-46]


Streamlining the Equipment Authorization Procedures for Digital 
Devices

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This proposal would streamline the equipment authorization 
requirements for personal computers and personal computer peripherals 
by relaxing the equipment authorization from certification to a new 
type of authorization based on a manufacturer's or supplier's 
declaration of compliance. It would also permit authorization of 
individual components of personal computers and would require testing 
laboratories to be accredited by the National Institute of Standards 
and technology under its National Voluntary Laboratory Accreditation 
Program. These changes would allow manufacturers and suppliers to 
market new equipment without having to submit an application for 
equipment authorization and await FCC approval. This would save 
industry approximately $250 million annually and would stimulate the 
creation of jobs and competition in the computer industry by relaxing 
regulations that are particularly burdensome for small businesses.

DATES: Comments must be submitted on or before June 5, 1995, and reply 
comments on or before July 5, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, NW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: John A. Reed, Office of Engineering 
and Technology, [phone].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making in ET Docket No. 95-19, adopted February 7, 
1995, and released February 7, 1995. The complete text of this Notice 
of Proposed Rule Making is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room 239), 1919 M 
Street, NW., Washington, [[Page 15117]] DC, and also may be purchased 
from the Commission's copy contractor, International Transcription 
Services, Inc., [phone], 2100 M Street, NW, Suite 140, 
Washington, DC 20037.

PAPERWORK REDUCTION: The following collection of information contained 
in this proposed rule has been submitted to the Office of Management 
and Budget for review under Section 3504(h) of the Paperwork Reduction 
Act (44 U.S.C. 3504(h)). Copies of this submission may be purchased 
from the Commission's copy contractor, International Transcription 
Services, Inc., [phone], 2100 M Street, NW., Suite 140, 
Washington, DC 20037. Persons wishing to comment on this collection of 
information should direct their comments to Timothy Fain, (202) 395-
3561, Office of Management and Budget, Room 10102 (NEOB), Washington, 
DC 20503. A copy of any comments filed with the Office of Management 
and Budget should also be sent to the following address at the 
Commission: Federal Communications Commission, Office of Managing 
Director, Paperwork Reduction Project, Washington, DC 20554. For 
further information contact Judy Boley, Federal Communications 
Commission, [phone].
OMB Number: None.
Title: Equipment Authorization--Declaration of Compliance, Amendment of 
Parts 2 and 15.
Form: None.
Action: Proposed new collection.
Respondents: Businesses or other for profit.
Frequency of Response: On occasion.
Estimated Annual Response: 4000 respondents, 19 hours per response.
Needs and Uses: Data collection will be used to investigate complaints 
of harmful interference to radio communications and to verify 
manufacturer's or supplier's compliance with the rules. The information 
collected is essential to controlling potential interference to radio 
communications.

Summary of the Notice of Proposed Rule Making:

    1. In the Notice of Proposed Rule Making, the Commission proposes 
to amend parts 2 and 15 of its rules regarding the equipment 
authorization and testing requirements for personal computers, personal 
computer peripherals and individual components of personal computers.
    2. Personal computers and personal computer peripheral devices are 
currently subject to authorization under our certification procedure to 
ensure that they do not cause interference to radio services such as TV 
broadcasting, aeronautical and maritime communications, amateur 
services, etc. We propose to relax the equipment authorization 
procedure for personal computers and peripherals from certification to 
a process based on a manufacturer's or supplier's Declaration of 
Conformity (DoC). The DoC is similar to the current verification 
procedure where testing is required to ensure compliance with the 
standards. The DoC would be packaged with the equipment and would 
include the following information: (1) Identification of the specific 
product covered by the declaration; (2) a statement that the product 
complies with part 15 of the FCC rules; (3) identification of the 
compliance test report by date and number; and, (4) identification by 
name, address and telephone number of the manufacturer, importer or 
other party located within the U.S. that is responsible for ensuring 
compliance with the rules. Marketing and importation could begin 
immediately following satisfactory testing and completion of the DoC.
    3. In order to provide an additional safeguard that personal 
computers and peripherals continue to comply with the technical 
standards, we propose to require laboratories that perform measurements 
on these products to obtain accreditation by the National Institute of 
Standards and Technology (NIST) under its National Voluntary Laboratory 
Accreditation Program (NVLAP). NIST would review the qualifications of 
the testing personnel, quality control procedures, record keeping and 
reporting, etc. and send recognized experts to observe the testing. 
Laboratory accreditation is generally required, either implicitly or 
explicitly, under most foreign government approval systems.
    4. We also propose to permit modular personal computers to be 
authorized based on tests and DoCs of the individual components, i.e., 
enclosures, power supplies and mother boards, without further testing 
of the completed assembly. Currently, personal computers must be tested 
and authorized based on the specific combination of CPU board, power 
supply and enclosure used in their fabrication. Every time this 
configuration is changed, separate testing and authorization is 
required. Many computers are now assembled form modular components. 
Thus, this proposal will enable a small manufacturer or retailer to 
legally assemble computers and will also ensure that components used in 
the assembly result in a computer that complies with the standards. 
Comments are invited on specific test procedures and standards that 
should be applied to mother boards, power supplies and enclosures.

Initital Regulatory Flexibility Analysis

    5. As required by section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IFRA) of the expected impact on small entities of the proposals 
suggested in this document. Written public comments are requested on 
the IRFA. These comments must be filed in accordance with the same 
filing deadlines as comments on the rest of the Notice, but they must 
have a separate and distinct heading designating them as responses to 
the Initial Regulatory Flexibility Analysis. The Secretary shall send a 
copy of this Notice of Proposed Rule Making, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration in accordance with paragraph 603(a) 
of the Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 
U.S.C. section 601 et seq. (1981).
    Reason for action: This rule making proceeding is initiated to 
obtain comments regarding whether and how the Commission should 
regulate computers, peripheral devices to computers and subassemblies 
to computers.
    Objectives: The Commission seeks to determine the standards, test 
procedures, and equipment authorization requirements that should be 
applied to computers as well as to CPU boards, power supplies, and 
enclosures used in personal computers in order: (1) To reduce 
regulatory burdens on computer manufacturers; (2) to remove impediments 
to flexible system design and construction techniques for computer; and 
(3) to reduce the potential for interference to radio services by 
improving our ability to ensure that personal computers comply with our 
standards.
    Legal Basis: The proposed action is authorized under 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(f), 
303(r), 304 and 307.
    Reporting, Recordkeeping and Other Compliance Requirements: CPU 
boards, power supplies, and enclosures designed for use in computers 
are proposed to be included under our standards and equipment 
authorization requirements. These components, which were not previously 
subject to our rules, will be included under an equipment authorization 
procedure similar to our [[Page 15118]] verification procedure with the 
addition of a Declaration of Conformity that would be included with 
each product marketed. In addition, we propose to permit any party to 
assemble computers from authorized CPU boards, power supplies, and 
enclosures without further testing provided the instructions 
accompanying the components are followed during assembly. Computers 
assembled in this fashion would also be accompanied by a Declaration of 
Conformity. Alternatively, the computer may be assembled using 
unauthorized components provided the resulting system is tested and 
accompanied by a Declaration of Conformity. While the measurement data, 
where required, must be retained by the responsible party, there is no 
requirement to file an application with, and obtain authorization from, 
the Commission prior to marketing or importation. Accordingly, we 
expect a significant decrease in the overall recordkeeping 
requirements.
    Federal Rules Which Overlap, Duplicate or Conflict With These 
Rules: None.
    Description, Potential Impact and Number of Small Entities 
Involved: The actions proposed in this proceeding will result in a 
significant decrease in the amount of testing and Commission 
authorization of computer systems. Currently, every combination of 
components used to make a basic computer system must be tested and 
authorized prior to marketing or importation. This is extremely 
burdensome, especially on small manufacturers. Under the proposal, as 
long as authorized components are used to assemble the computers no 
additional testing or Commission authorization would be required. 
However, there will be some impact to the entities that manufacture 
computer CPU boards, power supplies and enclosures. We estimate there 
are 50-75 manufacturers of CPU boards and a similar number of 
manufacturers of power supplies. No estimate is available on the 
potential number of manufacturers of enclosures. Even with this 
additional impact to the manufacturers of computer CPU boards, power 
supplies and enclosures, the overall workload will decrease.
    Any Significant Alternatives Minimizing the Impact on Small 
Entities Consistent with Stated Objectives: None.

List of Subjects

47 CFR Part 2

    Imports, Radio, Reporting and recordkeeping requirements.

47 CFR Part 15

    Computer technology, Reporting and recordkeeping requirements.

Federal Communications Commission,
William F. Caton
Acting Secretary
[FR Doc. 95-6965 Filed 3-21-95; 8:45 am]
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