§ 25.129   Equipment authorization for portable earth-station transceivers.

   (a) Except as expressly permitted by § 2.803 or § 2.1204 of this chapter,
   prior authorization must be obtained pursuant to the equipment
   certification procedure in part 2, subpart J of this chapter for
   importation, sale or lease in the United States, or offer, shipment, or
   distribution for sale or lease in the United States of portable
   earth-station transceivers subject to regulation under part 25. This
   requirement does not apply, however, to devices imported, sold, leased,
   or offered, shipped, or distributed for sale or lease before November
   20, 2004.

   (b) For purposes of this section, an earth-station transceiver is
   portable if it is a “portable device” as defined in § 2.1093(b) of this
   chapter, i.e., if its radiating structure(s) would be within 20
   centimeters of the operator's body when the transceiver is in
   operation.

   (c) In addition to the information required by § § 1.1307(b) and
   2.1033(c) of this chapter, applicants for certification required by
   this section must submit any additional equipment test data necessary
   to demonstrate compliance with pertinent standards for transmitter
   performance prescribed in § § 25.138, 25.202(f), and 25.216, must submit
   the statements required by § 2.1093(c) of this chapter, and must
   demonstrate compliance with the labeling requirement in § 25.285(b).

   (d) Applicants for certification required by this section must submit
   evidence that the devices in question are designed for use with a
   satellite system that may lawfully provide service to users in the
   United States pursuant to an FCC license or order reserving spectrum.

   [ 69 FR 5709 , Feb. 6, 2004, as amended at  79 FR 8317 , Feb. 12, 2014;  81 FR 55330 , Aug. 18, 2016]

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