§  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 § 2.1033(c) of this
   chapter, applicants for certification required by this section shall
   submit any additional equipment test data necessary to demonstrate
   compliance with pertinent standards for transmitter performance
   prescribed in § § 25.138, 25.202(f), 25.204, 25.209, and 25.216, must
   demonstrate compliance with the labeling requirement in § 25.285(b), and
   shall ensure compliance with the Commission's radio frequency exposure
   requirements in § § 1.1307(b), 2.1091, and 2.1093 of this chapter, as
   appropriate. An Environmental Assessment may be required if RF
   radiation from the proposed facilities would, in combination with
   radiation from other sources, cause RF power density or field strength
   in an accessible area to exceed the applicable limits specified in
   § 1.1310 of this chapter. Applications for equipment authorization of
   mobile or portable devices operating under this section must contain a
   statement confirming compliance with these requirements. Technical
   information showing the basis for this statement must be submitted to
   the Commission upon request.

   (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;  84 FR 53654 , Oct. 8, 2019;  85 FR 18150 , Apr.
   1, 2020]

   

Earth Stations