Goto Section: 2.803 | 2.807 | Table of Contents
FCC 2.805
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 2.805 Operation of radio frequency devices prior to equipment authorization.
(a) General rule. A radio frequency device may not be operated prior to
equipment authorization unless the conditions set forth in paragraphs (b),
(c), (d) or (e), of this section are meet. Radio frequency devices operated
under these provisions may not be marketed (as defined in § 2.803(a)) except
as provided elsewhere in this chapter. In addition, the provisions of
subpart K continue to apply to imported radio frequency devices.
(b) Operation of a radio frequency device prior to equipment authorization
is permitted under the authority of an experimental radio service
authorization issued under part 5 of this chapter.
(c) Operation of a radio frequency device prior to equipment authorization
is permitted for experimentation or compliance testing of a device that is
fully contained within an anechoic chamber or a Faraday cage.
(d) For devices designed to operate solely under parts 15, 18, or 95 of this
chapter without a station license, operation of a radio frequency device
prior to equipment authorization is permitted under the following
conditions, so long as devices are either rendered inoperable or retrieved
at the conclusion of such operation:
(1) The radio frequency device shall be operated in compliance with existing
Commission rules, waivers of such rules that are in effect at the time of
operation, or rules that have been adopted by the Commission but that have
not yet become effective; and
(2) The radio frequency device shall be operated for at least one of these
purposes:
(i) Demonstrations at a trade show or an exhibition, provided a notice
containing the wording specified in § 2.803(c)(2)(iii) is displayed in a
conspicuous location on, or immediately adjacent to, the device; or all
prospective buyers at the trade show or exhibition are advised in writing
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; or
(ii) Evaluation of performance and determination of customer acceptability,
during developmental, design, or pre-production states. If the device is not
operated at the manufacturer's facilities, it must be labeled with the
wording specified in § 2.803(c)(2)(iii), and in the case of an evaluation
kit, the wording specified in § 2.803(c)(2)(iv)(C).
(e) Operation of a radio frequency device prior to equipment authorization
is permitted under either paragraph (e)(1) or (e)(2) of this section so long
as devices are either rendered inoperable or retrieved at the conclusion of
such operation:
(1) The radio frequency device shall be operated in compliance with existing
Commission rules, waivers of such rules that are in effect at the time of
operation, or rules that have been adopted by the Commission but that have
not yet become effective; and
(i) Under the authority of a service license (only in the bands for which
that service licensee holds a license) provided that the licensee grants
permission and the licensee continues to remain responsible for complying
with all of the operating conditions and requirements associated with its
license; or
(ii) Under a grant of special temporary authorization.
(2) The radio frequency device shall be operated at or below the maximum
level specified in the table in § 15.209(a) of this chapter for at least one
of these purposes:
(i) Demonstrations at a trade show or an exhibition, provided a notice
containing the wording specified in § 2.803(c)(2)(iii) is displayed in a
conspicuous location on, or immediately adjacent to, the device; or all
prospective buyers at the trade show or exhibition are advised in writing
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; or
(ii) Evaluation of performance and determination of customer acceptability,
during developmental, design, or pre-production states. If the device is not
operated at the manufacturer's facilities, it must be labeled with the
wording specified in § 2.803(c)(2)(iii), and in the case of an evaluation
kit, the wording specified in § 2.803(c)(2)(iv)(C).
[ 78 FR 25162 , Apr. 29, 2013, as amended at 79 FR 48691 , Aug. 18, 2014]
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Goto Section: 2.803 | 2.807
Goto Year: 2014 |
2016
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