[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR2.1073]

[Page 663-664]
 
                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 2_FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND 
 
              Subpart J_Equipment Authorization Procedures
 
Sec.  2.1073  Responsibilities.

    (a) The responsible party, as defined in Sec.  2.909, must warrant 
that each unit of equipment marketed under a Declaration of Conformity 
is identical to the unit tested and found acceptable with the standards 
and that the records maintained by the responsible party continue to 
reflect the equipment being produced under the Declaration of Conformity 
within the variation that can be expected due to quantity production and 
testing on a statistical basis.
    (b) The responsible party, if different from the manufacturer, may 
upon receiving a written statement from the manufacturer that the 
equipment complies with the appropriate technical standards rely on the 
manufacturer or independent testing agency to determine compliance. 
However, the test records required by Sec.  2.1075 shall be in the 
English language and shall be made available to the Commission upon a 
reasonable request in accordance with the provisions of Sec.  2.1076.
    (c) In the case of transfer of control of the equipment, as in the 
case of sale or merger of the responsible party, the new responsible 
party shall bear the responsibility of continued compliance of the 
equipment.

[[Page 664]]

    (d) Equipment shall be retested to demonstrate continued compliance 
with the applicable technical standards if any modifications or changes 
that could adversely affect the emanation characteristics of the 
equipment are made by the responsible party. The responsible party bears 
responsibility for the continued compliance of subsequently produced 
equipment.
    (e) If any modifications or changes are made by anyone other than 
the responsible party for the Declaration of Conformity, the party 
making the modifications or changes, if located within the U.S., becomes 
the new responsible party. The new responsible party must comply with 
all provisions for the Declaration of Conformity, including having test 
data on file demonstrating that the product continues to comply with all 
of the applicable technical standards.

[61 FR 31046, June 19, 1996]