Goto Section: 2.801 | 2.805 | Table of Contents
FCC 2.803
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 2.803 Marketing of radio frequency devices prior to equipment authorization.
(a) 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.
(b) General rule. No person may market a radio frequency device unless:
(1) For devices subject to authorization under certification, the device has
been authorized in accordance with the rules in subpart J of this chapter
and is properly identified and labeled as required by § 2.925 and other
relevant sections in this chapter; or
(2) For devices subject to authorization under verification or Declaration
of Conformity in accordance with the rules in subpart J of this chapter, the
device complies with all applicable technical, labeling, identification and
administrative requirements; or
(3) For devices that do not require a grant of equipment authorization under
subpart J of this chapter but must comply with the specified technical
standards prior to use, the device complies with all applicable, technical,
labeling, identification and administrative requirements.
(c) Exceptions. The following marketing activities are permitted prior to
equipment authorization:
(1) Activities under market trials conducted pursuant to subpart H of part
5.
(2) Limited marketing is permitted, as described in the following text, for
devices that could be authorized under the current rules; could be
authorized under waivers of such rules that are in effect at the time of
marketing; or could be authorized under rules that have been adopted by the
Commission but that have not yet become effective. These devices may not be
operated unless permitted by § 2.805.
(i) Conditional sales contracts (including agreements to produce new devices
manufactured in accordance with designated specifications) are permitted
between manufacturers and wholesalers or retailers provided that delivery is
made contingent upon compliance with the applicable equipment authorization
and technical requirements.
(ii) A radio frequency device that is in the conceptual, developmental,
design or pre-production stage may be offered 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)
if 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.
(iii) (A) A radio frequency device may be advertised or displayed, (e.g., at
a trade show or exhibition) if accompanied by a conspicuous notice
containing this language:
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.
(B) If the device being displayed is a prototype of a device that has been
properly authorized and the prototype, itself, is not authorized due to
differences between the prototype and the authorized device, this language
may be used instead: Prototype. Not for Sale.
(iv) An evaluation kit as defined in § 2.1 may be sold provided that:
(A) Sales are limited to product developers, software developers, and system
integrators;
(B) The following notice is included with the kit:
FCC NOTICE: This kit is designed to allow:
(1) Product developers to evaluate electronic components, circuitry, or
software associated with the kit to determine whether to incorporate such
items in a finished product and
(2) Software developers to write software applications for use with the end
product. This kit is not a finished product and when assembled may not be
resold or otherwise marketed unless all required FCC equipment
authorizations are first obtained. Operation is subject to the condition
that this product not cause harmful interference to licensed radio stations
and that this product accept harmful interference. Unless the assembled kit
is designed to operate under part 15, part 18 or part 95 of this chapter,
the operator of the kit must operate under the authority of an FCC license
holder or must secure an experimental authorization under part 5 of this
chapter.
(C) The kit is labeled with the following legend: For evaluation only; not
FCC approved for resale; and
(D) Any radiofrequency transmitter employed as part of an evaluation kit
shall be designed to comply with all applicable FCC technical rules,
including frequency use, spurious and out-of-band emission limits, and
maximum power or field strength ratings applicable to final products that
would employ the components or circuitry to be evaluated.
(d) Importation. The provisions of subpart K of this part continue to apply
to imported radio frequency devices.
[ 78 FR 25161 , Apr. 29, 2013, as amended at 79 FR 48691 , Aug. 18, 2014; 80 FR 52414 , Aug. 31, 2015]
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Goto Section: 2.801 | 2.805
Goto Year: 2014 |
2016
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