Goto Section: 2.1041 | 2.1046 | Table of Contents
FCC 2.1043
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 2.1043 Changes in certificated equipment.
(a) Except as provided in paragraph (b)(3) of this section, 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 variations are made in compliance with the other
provisions of this section. Changes to the software installed in a
transmitter that do not affect the radio frequency emissions do not
require a filing with the Commission and may be made by parties other
than the holder of the grant of certification.
(b) Three classes of permissive changes may be made in certificated
equipment without requiring a new application for and grant of
certification. None of the classes of changes 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) A Class III permissive change includes modifications to the
software of a software defined radio transmitter that change the
frequency range, modulation type or maximum output power (either
radiated or conducted) outside the parameters previously approved, or
that change the circumstances under which the transmitter operates in
accordance with Commission rules. When a Class III permissive change is
made, the grantee shall supply the Commission with a description of the
changes and test results showing that the equipment complies with the
applicable rules with the new software loaded, including compliance
with the applicable RF exposure requirements. The modified software
shall not be loaded into the equipment, and the equipment shall not be
marketed with the modified software under the existing grant of
certification, prior to acknowledgement by the Commission that the
change is acceptable. Class III changes are permitted only for
equipment in which no Class II changes have been made from the
originally approved device.
Note to paragraph ( b )(3): Any software change that degrades spurious
and out-of-band emissions previously reported to the Commission at the
time of initial certification would be considered a change in frequency
or modulation and would require a Class III permissive change or new
equipment authorization application.
(4) Class I and Class II permissive changes may only be made by the
holder of the grant of certification, except as specified below.
(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 § 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 § 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 § 2.1400 in
subpart M and § 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 § 73.1690 of the FCC's rules.
[ 63 FR 36600 , July 7, 1998, as amended at 66 FR 50840 , Oct. 5, 2001; 70 FR 23040 , May 4, 2005]
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Goto Section: 2.1041 | 2.1046
Goto Year: 2011 |
2013
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