Goto Section: 2.1041 | 2.1046 | Table of Contents
FCC 2.1043
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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 any additional filings 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 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 provide 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 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 provide 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 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 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.
(c) A grantee desiring to make a change other than a permissive change shall
file a new application for certification accompanied by the required
information as specified in this part and shall not market the modified
device until the grant of certification has been issued. 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 of this
chapter, 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 prior to
acknowledgement 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; 80 FR 33446 , June 12, 2015]
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Goto Section: 2.1041 | 2.1046
Goto Year: 2014 |
2016
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