[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR2.909]



[Page 696-697]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 2_FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND 

REGULATIONS--Table of Contents

 

              Subpart J_Equipment Authorization Procedures

 

Sec.  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 by the 

Commission of a grant of equipment authorization, the party to whom that 

grant of authorization 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 Sec.  

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 Sec.  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]



[[Page 697]]



           Application Procedures for Equipment Authorizations