Goto Section: 2.801 | 2.807 | Table of Contents
FCC 2.803
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 2.803 Marketing of radio frequency devices prior to equipment
authorization.
(a) Except as provided elsewhere in this section, no person shall sell
or lease, or offer for sale or lease (including advertising for sale or
lease), or import, ship, or distribute for the purpose of selling or
leasing or offering for sale or lease, any radio frequency device
unless:
(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 § 2.925
and other relevant sections in this chapter; or
(2) In the case of a device that is not required to have a grant of
equipment authorization issued by the Commission, but which must comply
with the specified technical standards prior to use, such device also
complies with all applicable administrative (including verification of
the equipment or authorization under a Declaration of Conformity, where
required), technical, labelling and identification requirements
specified in this chapter.
(b) The provisions of paragraph (a) of this section do not prohibit
conditional sales contracts between manufacturers and wholesalers or
retailers where delivery is contingent upon compliance with the
applicable equipment authorization and technical requirements, nor do
they prohibit agreements between such parties to produce new products,
manufactured in accordance with designated specifications.
(c) Notwithstanding the provisions of paragraphs (a), (b), (d) and (f)
of this section, a radio frequency device may be advertised or
displayed, e.g., at a trade show or exhibition, prior to equipment
authorization or, for devices not subject to the equipment
authorization requirements, prior to a determination of compliance with
the applicable technical requirements provided that the advertising
contains, and the display is accompanied by, a conspicuous notice
worded as follows:
This device has not been authorized as required by the rules of the
Federal Communications Commission. This device is not, and may not be,
offered for sale or lease, or sold or leased, until authorization is
obtained.
(1) If the product being displayed is a prototype of a product that has
been properly authorized and the prototype, itself, is not authorized
due to differences between the prototype and the authorized product,
the following disclaimer notice may be used in lieu of the notice
stated in paragraph (c) introductory text of this section:
Prototype. Not for sale.
(2) Except as provided elsewhere in this chapter, devices displayed
under the provisions of paragraphs (c) introductory text, and (c)(1) of
this section may not be activated or operated.
(d) Notwithstanding the provisions of paragraph (a) of this section,
the offer for sale solely to business, commercial, industrial,
scientific or medical users (but not an offer for sale to other parties
or to end users located in a residential environment) of a radio
frequency device that is in the conceptual, developmental, design or
pre-production stage is permitted prior to equipment authorization or,
for devices not subject to the equipment authorization requirements,
prior to a determination of compliance with the applicable technical
requirements provided that the prospective buyer is advised in writing
at the time of the offer for sale that the equipment is subject to the
FCC rules and that the equipment will comply with the appropriate rules
before delivery to the buyer or to centers of distribution. If a
product is marketed in compliance with the provisions of this
paragraph, the product does not need to be labelled with the statement
in paragraph (c) of this section.
(e)(1) Notwithstanding the provisions of paragraph (a) of this section,
prior to equipment authorization or determination of compliance with
the applicable technical requirements any radio frequency device may be
operated, but not marketed, for the following purposes and under the
following conditions:
(i) Compliance testing;
(ii) Demonstrations at a trade show provided the notice contained in
paragraph (c) of this section is displayed in a conspicuous location
on, or immediately adjacent to, the device;
(iii) Demonstrations at an exhibition conducted at a business,
commercial, industrial, scientific, or medical location, but excluding
locations in a residential environment, provided the notice contained
in paragraphs (c) or (d) of this section, as appropriate, is displayed
in a conspicuous location on, or immediately adjacent to, the device;
(iv) Evaluation of product performance and determination of customer
acceptability, provided such operation takes place at the
manufacturer's facilities during developmental, design, or
pre-production states; or
(v) Evaluation of product performance and determination of customer
acceptability where customer acceptability of a radio frequency device
cannot be determined at the manufacturer's facilities because of size
or unique capability of the device, provided the device is operated at
a business, commercial, industrial, scientific, or medical user's site,
but not at a residential site, during the development, design or
pre-production stages. A product operated under this provision shall be
labelled, in a conspicuous location, with the notice in paragraph (c)
of this section.
(2) For the purpose of paragraphs (e)(1)(iv) and (e)(1)(v) of this
section, the term manufacturer's facilities includes the facilities of
the party responsible for compliance with the regulations and the
manufacturer's premises, as well as the facilities of other entities
working under the authorization of the responsible party in connection
with the development and manufacture, but not marketing, of the
equipment.
(e)(3) The provisions of paragraphs (e)(1)(i), (e)(1)(ii), (e)(1)(iii),
(e)(1)(iv), and (e)(1)(v) of this section do not eliminate any
requirements for station licenses for products that normally require a
license to operate, as specified elsewhere in this chapter.
(i) Manufacturers should note that station licenses are not required
for some products, e.g., products operating under part 15 of this
chapter and certain products operating under part 95 of this chapter.
(ii) Instead of obtaining a special temporary authorization or an
experimental license, a manufacturer may operate its product for
demonstration or evaluation purposes under the authority of a local FCC
licensed service provider. However, the licensee must grant permission
to the manufacturer to operate in this manner. Further, the licensee
continues to remain responsible for complying with all of the operating
conditions and requirements associated with its license.
(4) Marketing, as used in this section, includes sale or lease, or
offering for sale or lease, including advertising for sale or lease, or
importation, shipment, or distribution for the purpose of selling or
leasing or offering for sale or lease.
(5) Products operating under the provisions of this paragraph (e) shall
not be recognized to have any vested or recognizable right to continued
use of any frequency. Operation is subject to the conditions that no
harmful interference is caused and that any interference received must
be accepted. Operation shall be required to cease upon notification by
a Commission representative that the device is causing harmful
interference and shall not resume until the condition causing the
harmful interference is corrected.
(f) For radio frequency devices subject to verification and sold solely
to business, commercial, industrial, scientific, and medical users
(excluding products sold to other parties or for operation in a
residential environment), parties responsible for verification of the
devices shall have the option of ensuring compliance with the
applicable technical specifications of this chapter at each end user's
location after installation, provided that the purchase or lease
agreement includes a proviso that such a determination of compliance be
made and is the responsibility of the party responsible for
verification of the equipment. If the purchase or lease agreement
contains this proviso and the responsible party has the product
measured to ensure compliance at the end user's location, the product
does not need to be labelled with the statement in paragraph (c) of
this section.
(g) The provisions in paragraphs (b) through (f) of this section apply
only to devices that are designed to comply with, and to the best of
the responsible party's knowledge will, upon testing, comply with all
applicable requirements in this chapter. The provisions in paragraphs
(b) through (f) of this section do not apply to radio frequency devices
that could not be authorized or legally operated under the current
rules. Such devices shall not be operated, advertised, displayed,
offered for sale or lease, sold or leased, or otherwise marketed absent
a license issued under part 5 of this chapter or a special temporary
authorization issued by the Commission.
(h) The provisions in subpart K of this part continue to apply to
imported radio frequency devices.
[ 62 FR 10468 , Mar. 7, 1997, as amended at 63 FR 31646 , June 10, 1998;
63 FR 36597 , July 7, 1998]
Goto Section: 2.801 | 2.807
Goto Year: 2009 |
2011
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