§ 2.909   Responsible party.

   The following parties are responsible for the compliance of radio frequency
   equipment with the applicable standards:

   (a) In the case of equipment which requires the issuance of a grant of
   certification, the party to whom that grant of certification is issued (the
   grantee). If the radio frequency equipment is modified by any party other
   than the grantee and that party is not working under the authorization of
   the grantee pursuant to § 2.929(b), the party performing the modification is
   responsible for compliance of the product with the applicable administrative
   and technical provisions in this chapter.

   (b) In the case of equipment subject to authorization under the verification
   procedure, the manufacturer or, in the case of imported equipment, the
   importer. If subsequent to manufacture and importation, the radio frequency
   equipment is modified by any party not working under the authority of the
   responsible party, the party performing the modification becomes the new
   responsible party.

   (c) In the case of equipment subject to authorization under the Declaration
   of Conformity procedure:

   (1) The manufacturer or, if the equipment is assembled from individual
   component parts and the resulting system is subject to authorization under a
   Declaration of Conformity, the assembler.

   (2) If the equipment, by itself, is subject to a Declaration of Conformity
   and that equipment is imported, the importer.

   (3)  Retailers  or  original equipment manufacturers may enter into an
   agreement with the responsible party designated in paragraph (c)(1) or
   (c)(2) of this section to assume the responsibilities to ensure compliance
   of equipment and become the new responsible party.

   (4) If the radio frequency equipment is modified by any party not working
   under the authority of the responsible party, the party performing the
   modifications, if located within the U.S., or the importer, if the equipment
   is imported subsequent to the modifications, becomes the new responsible
   party.

   (d) If, because of modifications performed subsequent to authorization, a
   new party becomes responsible for ensuring that a product complies with the
   technical  standards and the new party does not obtain a new equipment
   authorization, the equipment shall be labelled, following the specifications
   in § 2.925(d), with the following: “This product has been modified by [insert
   name,  address  and  telephone  number  of  the  party  performing the
   modifications].”

   [ 54 FR 17712 , Apr. 25, 1989, as amended at  61 FR 31045 , June 19, 1996;  62 FR 10470 , Mar. 7, 1997;  62 FR 41880 , Aug. 4, 1997;  80 FR 33439 , June 12, 2015]

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