Goto Section: 2.908 | 2.910 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 2.909 Responsible party.
(a) In the case of equipment that requires the issuance of a grant of
certification, the party to whom that grant of certification is issued
is responsible for the compliance of the equipment with the applicable
standards. 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
(b) For equipment subject to Supplier's Declaration of Conformity the
party responsible for the compliance of the equipment with the
applicable standards, who must be located in the United States (see
§ 2.1077), is set forth as follows:
(1) The manufacturer or, if the equipment is assembled from individual
component parts and the resulting system is subject to authorization
under Supplier's Declaration of Conformity, the assembler.
(2) If the equipment by itself, or, a system is assembled from
individual parts and the resulting system is subject to Supplier's
Declaration of Conformity and that equipment or system is imported, the
(3) Retailers or original equipment manufacturers may enter into an
agreement with the responsible party designated in paragraph (b)(1) or
(b)(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.
(c) If the end product or equipment is subject to both certification
and Supplier's Declaration of Conformity (i.e., composite system), all
the requirements of paragraphs (a) and (b) of this section apply.
(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 labeled, following the
specifications in § 2.925(d), with the following: “This product has been
modified by [insert name, address and telephone number or internet
contact information of the party performing the modifications].”
(e) In the case of transfer of control of equipment, as in the case of
sale or merger of the responsible party, the new entity shall bear the
responsibility of continued compliance of the equipment.
[ 82 FR 50825 , Nov. 2, 2017]
Goto Section: 2.908 | 2.910
Goto Year: 2020 |
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