§ 2.945   Submission of equipment for testing and equipment records.

   (a) Prior to certification. (1) The Commission or a Telecommunication
   Certification Body (TCB) may require an applicant for certification to
   submit one or more sample units for measurement at the Commission's
   laboratory or the TCB.

   (2) If the applicant fails to provide a sample of the equipment, the
   TCB may dismiss the application without prejudice.

   (3) In the event the applicant believes that shipment of the sample to
   the Commission's laboratory or the TCB is impractical because of the
   size or weight of the equipment, or the power requirement, or for any
   other reason, the applicant may submit a written explanation why such
   shipment is impractical and should not be required.

   (4) The Commission may take administrative sanctions against a grantee
   of certification that fails to respond within 21 days to a Commission
   or TCB request for an equipment sample, such as suspending action on
   applications for equipment authorization submitted by that party while
   the matter is being resolved. The Commission may consider extensions of
   time upon submission of a showing of good cause.

   (b) Subsequent to equipment authorization. (1) The Commission may
   request that the responsible party or any other party marketing
   equipment subject to this chapter submit a sample of the equipment, or
   provide a voucher for the equipment to be obtained from the
   marketplace, to determine the extent to which production of such
   equipment continues to comply with the data filed by the applicant or
   on file with the responsible party for equipment subject to Supplier's
   Declaration of Conformity. The Commission may request that a sample or
   voucher to obtain a product from the marketplace be submitted to the
   Commission, or in the case of equipment subject to certification, to
   the TCB that certified the equipment.

   (2) A TCB may request samples of equipment that it has certified from
   the grantee of certification, or request a voucher to obtain a product
   from the marketplace, for the purpose of performing post-market
   surveillance as described in § 2.962. TCBs must document their sample
   requests to show the date they were sent and provide this documentation
   to the Commission upon request.

   (3) The cost of shipping the equipment to the Commission's laboratory
   and back to the party submitting the equipment shall be borne by the
   party from which the Commission requested the equipment.

   (4) In the event a party believes that shipment of the sample to the
   Commission's laboratory or the TCB is impractical because of the size
   or weight of the equipment, or the power requirement, or for any other
   reason, that party may submit a written explanation why such shipment
   is impractical and should not be required.

   (5) Failure of a responsible party or other party marketing equipment
   subject to this chapter to comply with a request from the Commission or
   TCB for equipment samples or vouchers within 21 days may be cause for
   actions such as such as suspending action on applications for
   certification submitted by a grantee or forfeitures pursuant to § 1.80
   of this chapter. The Commission or TCB requesting the sample may
   consider extensions of time upon submission of a showing of good cause.

   (c) Submission of records. Upon request by the Commission, each
   responsible party shall submit copies of the records required by § 2.938
   to the Commission. Failure of a responsible party or other party
   marketing equipment subject to this chapter to comply with a request
   from the Commission for records within 21 days may be cause for
   forfeiture, pursuant to § 1.80 of this chapter. The Commission may
   consider extensions of time upon submission of a showing of good cause.

   (d) Inspection by the Commission. Upon request by the Commission, each
   responsible party shall make its manufacturing plant and facilities
   available for inspection.

   [ 80 FR 33442 , June 12, 2015, as amended at  82 FR 50828 , Nov. 2, 2017]

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