Sec.  25.129   Equipment authorization for portable earth-station transceivers.

   (a) Except as expressly permitted by  Sec. 2.803 or  Sec. 2.1204 of this chapter,
   prior authorization must be obtained pursuant to the equipment certification
   procedure in part 2, Subpart J of this chapter for importation, sale or
   lease in the United States, or offer, shipment, or distribution for sale or
   lease in the United States of portable earth-station transceivers subject to
   regulation under part 25. This requirement does not apply, however, to
   devices imported, sold, leased, or offered, shipped, or distributed for sale
   or lease before November 20, 2004.

   (b) For purposes of this section, an earth-station transceiver is portable
   if it is a “portable device” as defined in  Sec. 2.1093(b) of this chapter, i.e.,
   if  its  radiating  structure(s) would be within 20 centimeters of the
   operator's body when the transceiver is in operation.

   (c) In addition to the information required by  Sec. 1.1307(b) and  Sec. 2.1033(c) of
   this chapter, applicants for certification required by this section shall
   submit  any  additional  equipment  test data necessary to demonstrate
   compliance with pertinent standards for transmitter performance prescribed
   in  Sec. 25.138,  Sec. 25.202(f),  Sec. 25.204,  Sec. 25.209, and  Sec. 25.216 and shall submit the
   statements required by  Sec. 2.1093(c) of this chapter.

   (d)  Applicants for certification required by this section must submit
   evidence that the devices in question are designed for use with a satellite
   system that may lawfully provide service to users in the United States
   pursuant to an FCC license or order reserving spectrum.

   [ 69 FR 5709 , Feb. 6, 2004]

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