Streamlining the Equipment Authorization Process

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 2, 5, 15, 18, 21, 22, 24, 26, 73, 74, 78, 80,

87, 90, 95, 97, and 101

[ET Docket No. 97-94; FCC 98-58]

Streamlining the Equipment Authorization Process

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission is amending its rules to simplify the equipment

authorization processes, deregulate the authorization requirements for

certain types of equipment, and begin implementation of an electronic

filing system for equipment authorization applications. These actions

will greatly reduce the complexity and burden of the Commission's

equipment authorization requirements so that products can be introduced

to the market more rapidly. We believe these actions will greatly

benefit both large and small manufacturers and encourage the

development of innovative products that best meet consumers' needs.

EFFECTIVE DATE: October 5, 1998.

FOR FURTHER INFORMATION CONTACT: Hugh L. Van Tuyl, (202) 418-7506 or

Julius P. Knapp, (202) 418-2468, Office of Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,

ET Docket 97-94, FCC 98-58, adopted April 2, 1998, and released April

16, 1998. The full text of this Commission decision is available for

inspection and copying during normal business hours in the FCC

Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., and

also may be purchased from the Commission's duplication contractor,

International Transcription Service, (202) 857-3800, 1231 20th Street,

N.W. Washington, D.C. 20036.

Summary of the Report and Order

1. On March 13, 1997, the Commission adopted a Notice of Proposed

Rule Making (Notice) 62 FR 24383, May 5, 1997, in the above captioned

proceeding. The Notice proposed to amend parts 2, 15, 18 and other rule

parts to: (1) simplify our existing equipment authorization processes;

(2) deregulate the equipment authorization requirements for certain

types of equipment; and (3) provide for electronic filing of

applications for equipment authorization. The proposals were designed

to reduce the burden of the equipment authorization program on

manufacturers.

2. We are adopting many of the proposed changes to simplify the

authorization process and relax the equipment authorization

requirements for certain devices, as well as making the rule changes

necessary to implement an electronic filing system for applications.

Simplification of Existing Equipment Authorization Processes

3. There are currently five different equipment authorization

procedures specified in Subpart J of Part 2 of the Commission's Rules.

The following is a brief description of each procedure:

Type acceptance calls for the manufacturer or importer to submit a

written application for review and approval by the Commission. The

application must include a complete technical description of the

product and a test report showing compliance with the technical

requirements. The type acceptance procedure has traditionally been

applied to radio transmitters that are used in authorized radio

services, such as commercial and private mobile radio services.

Certification is similar to type acceptance. The manufacturer or

importer must submit a written application that includes a technical

description of the product and a test report showing compliance with

the Commission's technical standards. Certification has traditionally

been used for low power, unlicensed consumer devices that operate under

Parts 15 and 18 of the rules.

Notification requires submittal of a written application, but no

test report is required unless specifically requested by the

Commission. Notification has been used for a variety of products that

demonstrated a good record of compliance, but the Commission found it

appropriate to maintain some degree of oversight.

Declaration of Conformity (DoC) is a relatively new self-approval

procedure that was established in connection with the Commission's

deregulation of the certification requirements for personal computer

equipment. The DoC procedure calls for the manufacturer or importer to

test the equipment to determine compliance with the FCC standards. The

laboratory performing

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the measurements must be accredited by either the National Institute of

Standards and Technology (NIST) or the American Association for

Laboratory Accreditation (A2LA). A copy of the declaration of

conformity, listing the party responsible for compliance, must be

included in the literature furnished with the product.

Verification is also a manufacturer self-approval procedure, but

unlike the DoC procedure does not require use of an accredited test

laboratory and does not require a declaration of compliance to be

supplied with the equipment. Verification has been used primarily for

certain non-consumer devices operating under parts 15 and 18 of the

rules, such as business computers and industrial heating and welding

equipment that use radio frequency energy.

4. In order to reduce the complexity of having so many

authorization procedures, we proposed to reduce the number to three,

which we believe to be the minimum necessary for an effective program.

Specifically, we proposed to eliminate the notification procedure, and

to combine the type acceptance procedure with certification. We

proposed to retain the two self-authorization procedures, verification

and declaration of conformity, although we requested comments on the

possibility of combining them.

Elimination of the Notification Procedure

5. The notification procedure requires the filing of an application

form with the Commission, but it does not require the submittal of any

measurement results. This procedure provides us with a record of the

equipment being marketed, but we do not review any test data to confirm

the compliance of the equipment. We are eliminating the notification

procedure. Equipment currently under the notification procedure will be

placed in the less stringent DoC or verification procedure.

Combining of Type Acceptance and Certification

6. The current certification and type acceptance procedures are

very similar, in that both require the filing of an application form

and technical report, and the filing procedure is the same for both.

The primary difference is that certain technical information filed with

the application is different. In light of this, we believe that it is

more efficient to combine them into a single category. We have found in

our dealings with the public, parties that are less familiar with the

equipment authorization program frequently are confused by the multiple

authorization procedures currently contained in the rules. Having a

single procedure for equipment that must be authorized by the

Commission will make the rules more understandable and thereby promote

compliance. Moreover, we note that the term ``certification'' is

generally used worldwide for a system requiring a third-party product

approval. Accordingly, we are simplifying the rules by combining the

type acceptance and certification procedures into a single procedure

called ``certification''.

Retention of Verification and Declaration of Conformity as Separate

Processes

7. We believe there is merit to retaining verification and DoC as

separate procedures. Verification is clearly appropriate for equipment

that has an excellent record of compliance, where the measurement

methods are well known and understood, and where it is relatively easy

to determine the party responsible for compliance. The Declaration of

Conformity procedure provides added safeguards that are necessary to

ensure compliance for certain products that have a greater potential

for causing interference or where issues about the proper measurement

method may arise. Accordingly, we are making no changes to the

verification and DoC procedures.

Relaxation of the Equipment Authorization Requirements for Certain

Devices

8. Section 302(a) of the Act states, ``* * * governs the

interference potential of devices which in their operation are capable

of emitting radio frequency energy * * *'' Section 302(a) of the Act is

not intended to require a Commission approval for every type of radio

frequency equipment before it can be imported or marketed in the United

States. Rather, it gives the Commission authority to make reasonable

regulations governing the interference potential or radio frequency

devices, consistent with the public interest. We note that the Notice

did not propose to change the technical standards governing radio

frequency devices; only the methods of authorizing certain devices.

Part 15 Devices

9. The current part 15 rules require TV interface devices and

certain receivers to be authorized through the certification procedure.

Other receivers and Cable System Terminal Devices (CSTDs) are required

to be authorized through the notification procedure. The Notice

proposed to change the authorization requirement for TV interface

devices and receivers, except scanning receivers, to DoC. The Notice

also proposed to change the authorization requirement for CSTDs from

notification to certification.

10. VCRs and many receivers are widely deployed, mass-marketed

consumer devices. VCRs that do not comply with the technical standards

have the potential for causing interference to television reception,

because they generate a signal on television frequencies. In addition,

we have occasionally found receivers on the market that do not comply

with the rules. We note that both VCRs and receivers require

measurements of radio emissions that require considerable skill. For

these reasons, we believe that the authorization process for VCRs and

receivers should be relaxed to the DoC procedure, rather than

verification. However, for the time being we will continue to allow

receivers that are contained in a transceiver subject to certification

to be authorized under the verification procedure. We will for now also

provide the option of obtaining a grant of certification for VCRs and

receivers. Any laboratory accredited to perform DoC testing of personal

computers and peripherals may perform DoC testing of VCRs and

receivers, since the ANSI C63.4-1992 measurement procedure is used for

testing all of these devices. We note that there are already many

laboratories accredited to perform such testing.

11. The Notice proposed to tighten the authorization requirement

for CSTDs from notification to certification. We proposed that action

in recognition of the fact that there is a large market for ``pirate''

cable boxes, which allow the viewing of scrambled cable channels

without payment to the cable provider.

12. While we recognize that cable signal theft is a serious

concern, upon review we believe that attempts to address this problem

through our equipment authorization program would likely create

substantial administrative burdens and delays in the availability of

cable system terminal devices. We believe that our proper focus with

regard to CSTDs should be on compliance with our radio emissions

standards. Accordingly, we are relaxing the equipment authorization

requirement for CSTDs to the DoC procedure, consistent with the

requirements for receivers and VCRs.

Part 18 Devices

13. Part 18 consumer ISM equipment has had a reasonably good record

of compliance with the FCC requirements. However, these devices could

easily cause interference if they did not

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conform with our standards because significant radio energy can be

radiated into the airwaves. We also note that the measurement of radio

emissions from these products requires considerable skill. We believe

that relaxing the authorization requirement to the DoC procedure is

appropriate, because it relieves manufacturers of the burden of

obtaining an approval, but still provides a degree of certainty that

the equipment will comply with the standards. We will, for now, allow

the option of obtaining certification. We recognize that there are

currently no laboratories accredited specifically for part 18 testing,

but we are working with the appropriate organizations to establish such

accreditation provisions. We note that there are certain similarities

between part 15 and part 18 compliance testing. Therefore, until such

time as an accreditation procedure is established for part 18 testing,

we will accept measurement results from a laboratory accredited for

part 15 testing for the purpose of a part 18 DoC.

14. We believe that a compliance statement and a label are

necessary to allow identification of equipment that has been tested for

compliance, and for identification of the responsible party.

Accordingly, we are adopting a requirement for a short compliance

statement and simple label on the device. We will require part 18

equipment authorized under the DoC procedure to be labelled with the

FCC logo, as we currently require for part 15 equipment authorized

under the DoC procedure. The FCC logo was selected to be a recognizable

indicator that the device complies with the FCC standards, similar to

the use of the ``UL'' logo to show compliance with Underwriters

Laboratory standards, or the ``CE'' logo to indicate compliance with

European standards. We decline to change the requirements contained in

Sec. 18.213 since they serve a useful purpose in informing users of the

interference potential of the device and any maintenance that may be

required for continued compliance with the rules. Finally, we are

taking this opportunity to remove the provisions of Sec. 18.205

requiring the filing of a description of the measurement facility used

for testing part 18 equipment. This is merely an editorial change,

because Sec. 2.948 already requires the same information.

Licensed Transmitters

15. We proposed to change the authorization procedure from

notification to either verification or DoC for transmitters operating

in licensed services as listed:

Wildlife tracking and ocean buoys operating under part 5.

Part 101 point-to-point microwave transmitters.

Part 73 AM transmitters, FM transmitters, television

transmitters, and antenna phase monitors.

Part 74 Auxiliary Broadcast aural STLs, aural intercity

relays, aural STL boosters, aural intercity relay boosters, TV STLs, TV

intercity relays, TV translator relays and TV microwave boosters.

Part 78 Cable Television Relay fixed transmitters.

Part 80 INMARSAT equipment.

Part 87 406 MHz emergency locator transmitters.

16. We continue to believe that the authorization requirements for

these transmitters may be relaxed, due to the excellent record of

compliance compiled thus far. While we initially proposed DoC for

certain parts 74, 78 and 101 transmitters in the Notice, we now believe

that verification would be more appropriate. These transmitters are

operated under the terms of a license. Therefore, we can locate and

contact a licensee to resolve any interference problems that may

develop. In addition, there is currently no laboratory accreditation

program for laboratories testing parts 74, 78 and 101 transmitters.

Therefore, we are eliminating the notification requirement for all

transmitters on the list delineated above, including those under parts

74, 78 and 101, and replacing it with a verification requirement. We

will continue to monitor the compliance of this equipment, and may

revisit our decision to eliminate the authorization requirements if

significant compliance problems develop.

Authorization Changes for Other Devices

17. We requested comments on whether there are other devices not

covered above for which the authorization requirements could be

relaxed. Motorola requested that we move Family Radio Service

transmitters operating under part 95 from certification to DoC, because

the equipment is low powered and is based on established designs. The

Family Radio Service is a relatively new service, established only in

1996. See Amendment of Part 95 of the Commission's Rules to Establish a

Very Short Distance Two-way Voice Radio Service in WT 95-102, 11 FCC

Rcd 12977 (1996), 61 FR 28768, June 6, 1996. We do not feel that there

has been sufficient time to demonstrate a history of compliance which

would warrant relaxing the authorization requirements for the equipment

used in the service. Accordingly, we decline to place Family Radio

Service transmitters under DoC at this time.

18. Ericsson requested that part 22 and part 90 analog base

stations be subject to verification, and that part 22 and part 90

analog mobile equipment be subject to DoC since the test procedures are

widely known and the equipment has an excellent record of compliance.

We have concerns about deregulating the equipment authorization

requirements for part 22 and part 90 transmitters due to the need to

ensure compliance with recent changes to the technical rules. Also,

certain parts 22 and 90 mobile and portable transmitters are subject to

recently adopted requirements for routine evaluation for RF exposure.

We therefore do not believe that verification is appropriate for the

base stations, nor do we believe DoC is appropriate for the mobile

stations. However, we will monitor the situation and, if appropriate,

will consider relaxing the equipment authorization requirements for the

aforementioned equipment in the future.

19. We have concerns about keyless entry transmitters used on

automobiles. They are widely deployed, and therefore have a high

potential for causing interference if they do not comply with the

technical standards. While we do not believe it is appropriate to relax

the authorization requirements for keyless entry and passive antitheft

devices at this time, we will reevaluate this finding in the future.

Electronic Filing

20. The Notice proposed that the Commission adopt an electronic

filing system for equipment authorization applications. We believe that

the implementation of an electronic filing system will significantly

reduce the processing time of equipment authorization applications.

Such a system will eliminate the delays associated with filing

applications in Pittsburgh, transporting them to the FCC Laboratory and

manually logging them in. Also, an electronic system will allow

parallel processing of applications, so the administrative and

technical reviews can be done simultaneously, thus further reducing the

processing time.

21. The Commission has hired a contractor to do the programming of

the electronic filing system. Testing of the system began in March,

1998, and we expect that it will soon be fully operational. See Public

Notice, ``OET Prototype Electronic Form 731'', released February 27,

1998.

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22. We will require all equipment authorization applications to be

filed electronically one year after the effective date of these rules.

Prior to that date, we will accept both paper and electronically filed

applications while manufacturers become familiar with the new system.

We will be amenable to consideration of waiver requests from small

businesses that find it a hardship to file applications electronically.

We are adding a new paragraph to Section 2.911 indicating that the

electronic equivalent of a signature will be accepted in electronically

filed applications.

Filing Fees

23. The filing fees for equipment are set at a level based upon the

amount of time that is necessary to review applications. Applications

for certification of equipment under parts 15 and 18 often require

greater review time in comparison to applications for equipment under

other rule parts. Consequently, there is a higher fee for those

applications. We see no reason to change the current fee of $450 for

transmitters used in licensed services. Accordingly, we will set the

filing fees as proposed in the Notice.

Radio Equipment List

24. The Notice proposed to eliminate the Radio Equipment List,

since the information in the list is available through other sources.

Information on transmitters that have been approved is available

electronically from the FCC Internet site and the Public Access Link

(PAL) system. In addition, inquiries can be made by telephone to the

``status desk'' at the Commission's Laboratory. The Commission also

releases monthly Public Notices announcing the grants of applications.

Because this information is available from various sources, we do not

see a need to continue the Radio Equipment List. We disagree that

elimination of the list will make it more difficult to locate the

manufacturer of equipment which has caused interference, since the

information is readily available. We are not making any changes to

Section 101.103(d)(2)(ii) of the rules.

Submission of Samples

25. Parties marketing equipment are required to supply a sample to

the Commission for testing within 60 days of a request by the

Commission. However, in cases involving harmful interference or safety

of life, a sample must be supplied within 14 days. We believe that 60

days, or even 30 days, is more time than necessary for supplying a

sample in most cases, and could therefore result in noncompliant

equipment remaining on the market for a longer period of time.

Accordingly, we are adopting a 14 day time limit for supplying test

samples to the Commission as proposed in the Notice. We recognize that

14 days may not be sufficient in some cases when there are difficulties

in supplying a sample. We will continue to consider extensions of time

upon submission of a showing of good cause in those cases, as the rules

currently allow. We decline to establish a procedure for vouchers or

reimbursement of sample purchase costs at this time, due to the

complexities involved.

Transfers of Control

26. The Notice proposed to clarify the rules that apply to

corporate mergers, buyouts and acquisitions involving grantees of

equipment authorization. We proposed to combine Sections 2.929, 2.934

and 2.935 of the rules to clarify when an equipment authorization may

be assigned or transferred to another party, and when new applications

must be filed.

27. Prior to 1989, the Commission's rules required the filing of a

new application whenever a change was made to the trade name under

which equipment is marketed. In 1989, the Commission eliminated that

requirement. However, it appears that Section 2.929 was inadvertently

not updated at that time to reflect that change. We are adopting the

revised rule on transfers and assignments proposed in the Notice, but

we are eliminating the reference to filing a new application for name

changes.

Transition Provisions

28. The changes adopted here simplify and streamline the equipment

authorization procedures. Since they are deregulatory in nature, only a

short transition period is necessary. Accordingly, we are making the

rules effective October 5, 1998. However, in order to allow

manufacturers to obtain the maximum benefit from the changes, equipment

may be authorized under the relaxed procedures (i.e.--Declaration of

Conformity or verification) effective September 8, 1998.

29. Accordingly, It Is Ordered that parts 0, 1, 2, 5, 15, 18, 21,

22, 24, 26, 73, 74, 78, 80, 87, 90, 95, 97 and 101 of the Commission's

Rules and Regulations Are Amended, as specified in the Rule Changes

attachment and are effective October 5, 1998. This action is taken

pursuant to sections 4(i), 301, 302, 303(e), 303(f), 303(r), 304 and

307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections

154(i), 301, 302, 303(e), 303(f), 303(r), 304 and 307.

Final Regulatory Flexibility Analysis

30. As required by the Regulatory Flexibility Act

(``RFA''),1 an Initial Regulatory Flexibility Analysis

(``IRFA'') was incorporated in ``Amendment of Parts 2, 15, 18 and Other

Parts of the Commission's Rules to Simplify and Streamline the

Equipment Authorization Process for Radio Frequency Equipment'', Notice

of Proposed Rule Making (``Notice''), in ET Docket No. 97-94, 62 FR

24383, May 5, 1997. The Commission sought written public comment on the

proposals in the Notice, including comment on the IRFA. The

Commission's Final Regulatory Flexibility Analysis (``FRFA'') in this

Report and Order conforms to the RFA.2

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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has

been amended by the Contract With America Advancement Act of 1996,

Public Law No. 104-121, 110 Stat 847 (1996) (CWAAA). Title II of the

CWAAA is the Small Business Regulatory Enforcement Fairness Act of

1966 (SBREFA).

\2\ See 5 U.S.C. 604.

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31. Need For and Objective of the Rules.

The Commission is amending parts 2, 15, 18 and other parts of its

rules to simplify the equipment authorization processes, deregulate the

equipment authorization requirements for certain types of equipment,

and begin implementation of an electronic filing system for equipment

authorization applications. These actions will greatly reduce the

complexity and burden of the Commission's equipment authorization

requirements. They will also improve the efficiency of the equipment

authorization process so that products can be introduced to the market

more rapidly. They will reduce the number of applications required to

be filed with the Commission annually from about 3500 to approximately

1800, significantly reducing paperwork requirements on manufacturers.

We expect that this action will result in savings of at least $100

million to manufacturers of the products covered by the changes. The

provision for electronic filing of applications should significantly

reduce the current applications time. We believe these actions will

greatly benefit both large and small manufacturers and encourage the

development of innovative products that best meet consumer's needs.

32. Summary of Significant Issues Raised by Public Comments in

Response to the IRFA.

In the IRFA we stated that proposals in this proceeding would

result in a significant decrease in equipment authorization

applications that must be

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filed with the Commission. We believe that small entities will benefit

from these proposals because in many cases they will no longer be

required to file applications with the Commission. Also, small entities

will benefit from the simpler regulations and streamlined process for

equipment that continues to require authorization by the FCC. We

solicited comments regarding these conclusions. No comments were

submitted directly in response to the IRFA.

33. Description and Estimate of the Number of Small Entities to

Which the Rules Will Apply.

The RFA generally defines small entity as having the same meaning

as the terms ``small business'' ``small organization,'' and ``small

governmental jurisdictions.'' 3 In addition, the term

``small business'' is the same meaning as the term ``small business

concern'' under the Small Business Act (``SBA''), 15 U.S.C. 632, unless

the Commission has developed one or more definitions that are

appropriate to its activities.4 Under the SBA, a ``small

business concern'' is one that (1) is independently owned and operated;

(2) is not dominant in its field of operation; and (3) meets any

individual criteria established by the Small Business Administration

(SBA).5

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\3\ 5 U.S.C. 601(6).

\4\ 5 U.S.C. 601(3) (incorporating by reference the definition

of ``small business concern'' in 5 U.S.C. 632).

\5\ 15 U.S.C. 632.

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34. The Commission has not developed a definition of small entities

applicable to RF Equipment manufacturers. Therefore, the applicable

definition of small entity is the definition under the SBA rules

applicable to manufacturers of ``Radio and Television Broadcasting and

Communications Equipment.'' According to the SBA's regulation, an RF

manufacturer must have 750 or fewer employees in order to qualify as a

small business.6 Census Bureau data indicates that there are

858 companies in the United States that manufacture radio and

television broadcasting and communications equipment, and that 778 of

these firms have fewer than 750 employees and would classified as small

entities.7 We believe that many of the companies that

manufacture RF equipment may qualify as small entities.

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\6\ See 13 CFR 121.201, Standard Industrial Classification (SIC)

Code 3663.

\7\ See U.S. Department of Commerce, 1992 Census of

Transportation, Communications and Utilities (issued May 1995), SIC

category 3663.

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35. Description of Projected Reporting, Recordkeeping and Other

Compliance Requirements.

There are currently five different equipment authorization

procedures. They are type acceptance, certification, notification,

verification and Declaration of Conformity (DoC). We are proposing to

eliminate the notification procedure, and to combine the type

acceptance procedure with the certification procedure. Equipment

currently under the notification procedure will be placed in the less

stringent DoC or verification procedure, as appropriate. Both

verification and DoC are self-authorization procedures, which allow

equipment to be marketed without approval from the FCC once it has been

tested and found to comply with the FCC rules. However, the DoC

procedure has an additional requirement to test the equipment at an

accredited laboratory, which provides a higher degree of confidence

that a device will be measured correctly. It also has additional

requirements for labelling and information supplied with the product,

which allows the Commission to more easily locate the manufacturer in

the event the equipment causes interference.

36. Applications for equipment authorization will be required to be

filed electronically one year after the effective date of the rules.

The equipment required to file will typically consist of a personal

computer with an internet connection, a document scanner, a digital

camera and software to convert data to the proper format. The equipment

is readily available, or applicants can contract with others (e.g.--

equipment testing laboratories) who have the equipment.

37. Steps Taken to Minimize Significant Economic Impact on Small

Entities, and Significant Alternatives Considered.

Simplification of Equipment Authorization Categories

38. The Commission requested comments on its proposal to eliminate

the notification category of equipment authorization, and to combine

the type acceptance with the certification category of authorization.

It also requested comments on whether to combine the DoC and

verification procedures.

39. There was no opposition to eliminating the notification

procedure, but the Commission received comments concerning combining

type acceptance with certification. Motorola stated that the change

could be a source of confusion, and Rockwell had concerns that the

structure of the proposed rules could be improved. The Commission

believes that having three different authorization procedures for

equipment requiring approval is an even greater source of confusion

than the proposal, particularly for small entities which may not be

familiar with the rules. Accordingly, the Commission is eliminating the

notification procedure, and combining type acceptance and certification

into a single procedure called ``certification'' for equipment

requiring an approval. The structure of the proposed rules is being

modified as recommended by Rockwell to make them simpler for both large

and small entities to understand.

40. The comments did not support combining the DoC and verification

procedures. The DoC procedure is relatively new, and the Commission has

expended resources educating small entities about it, so making changes

to it at this point would cause confusion. Also, since there is a need

to maintain a higher degree of confidence that certain equipment

complies with standards to reduce the potential for causing harmful

interference, the Commission believes it is necessary to keep the DoC

procedure separate from the verification procedure.

Deregulation of Equipment Authorization Requirements

41. The Commission proposed to relax the authorization requirement

for equipment operating under various parts of the rules. The comments

generally supported relaxing the requirements, and several parties

supported even further relaxation than the Commission proposed.

Rockwell requested that we place most part 15 receivers under

verification, and CEMA requested that we place VCRs under verification.

Ford recommended that we move certain Part 15 low power transmitters to

DoC and Motorola recommended that we move part 95 Family Radio Service

transmitters to DoC. Finally, Ericsson requested that certain parts 22

and 90 transmitters be moved to DoC or verification.

42. The further relaxation in the authorization requirements

proposed in the comments would reduce the burden on small entities

manufacturing those devices. However, in relaxing the authorization

requirements for equipment, the Commission must also consider whether

there is an increased likelihood of harmful interference being caused.

The Commission has carefully considered the requests made in the

comments, and is concerned that relaxing the authorization requirement

for these devices beyond what was proposed would result in too great a

risk of interference to communication services. The authorization

requirements selected by the

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Commission for each type of equipment are believed to be the least

burdensome necessary to minimize the risk of interference, and will

therefore have the least impact on small entities.

Electronic Filing

43. The Commission proposed to implement an electronic filing

system for equipment authorization applications. It also solicited

comments on whether the system should be mandatory or whether paper

applications should continue to be accepted. The comments supported

developing an electronic filing system, but some parties expressed

concern about whether the Commission would mandate electronic filing,

which could be burdensome for some entities.

44. The Commission believes that the implementation of an

electronic filing system will significantly reduce the processing time

of equipment authorization applications. Such a system would eliminate

the delays associated with filing applications in Pittsburgh,

transporting them to the Commission's Laboratory and manually logging

them in. It would also allow parallel processing of applications, so

the administrative and technical reviews can be done simultaneously,

thus further reducing the processing time. Such a system will benefit

small entities by reducing the costs caused by delays in marketing new

equipment. We have decided to make the system mandatory, since the

equipment required to electronically file applications is readily

available. However, we will continue to accept paper applications for a

period of one year to minimize the impact on small entities.

45. Report to Congress. The Commission shall send a copy of this

Final Regulatory Flexibility Analysis, along with this First Report and

Order, in a report to Congress pursuant to the Small Business

Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A), and

the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 0

Reporting and recordkeeping requirements.

47 CFR Parts 1 and 2

Radio, Reporting and recordkeeping requirements.

47 CFR Part 5

Radio.

47 CFR Part 15

Communications equipment.

47 CFR Part 18

Business and industry, Scientific equipment.

47 CFR Parts 21, 22, and 24

Communications equipment, Radio.

47 CFR Part 26

Radio.

47 CFR Parts 73, 74, 78, 80, 87, 90, 95, 97, and 101

Communications equipment, Radio.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

Rules Changes

For the reasons discussed in the preamble Parts 0, 1, 2, 5, 15, 18,

21, 22, 24, 26, 73, 74, 78, 80, 87, 90, 95, 97 and 101 of Title 47 of

the Code of Federal Regulations are amended as follows:

PART 0--COMMISSION ORGANIZATION

1. The authority citation for part 0 continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

Sec. 0.31 [Amended]

2. Section 0.31, paragraph (j) is amended by removing the term

``type approval and acceptance, and certification'' and adding in its

place ``approval''.

Sec. 0.401 [Amended]

3. Section 0.401, paragraph (a)(2) is amended by revising the

second sentence to read ``The mailing address is: Federal

Communications Commission, Equipment Authorization Division, 7435

Oakland Mills Road, Columbia, MD 21046''.

Sec. 0.406 [Amended]

4. Section 0.406, paragraph (b)(3) is amended by removing the term

``type acceptance and type approval'' and adding in its place

``authorization''.

Sec. 0.433 [Removed]

5. Section 0.433 is removed.

Sec. 0.453 [Amended]

6. Section 0.453, paragraph (k) is amended by removing the term

``(Type accepted, type approved, certified and notified)''.

Sec. 0.455 [Amended]

7. Section 0.455, paragraph (e)(3) is amended by removing the term

``(type accepted, type approval, certification, or advance approval of

subscription television systems)''.

Sec. 0.457 [Amended]

8. Section 0.457, paragraph (d)(1)(ii) is amended by removing the

term ``(type acceptance, type approval, certification, or advance

approval of subscription television systems)''.

PART 1--PRACTICE AND PROCEDURE

9. The authority citation for part 1 continues to read as follows:

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),

155, 225, and 303(r).

Sec. 1.77 [Amended]

10. Section 1.77, paragraph (g) is amended by removing the term

``type approval and type acceptance'' and adding in its place

``certification'', and removing the reference to ``subpart F'' and

adding in its place ``subpart J''.

11. Section 1.1103 is revised to read as follows:

Sec. 1.1103 Schedule of charges for equipment authorization,

experimental radio services, ship inspections and international

telecommunications settlements.

----------------------------------------------------------------------------------------------------------------

Action FCC form No. Fee amount Payment type code Address

----------------------------------------------------------------------------------------------------------------

1. Certification:

a. Receivers (except TV and 731................... 350 EEC Federal Communications

FM). Commission, Equipment

Approval Services,

P.O. Box 358315,

Pittsburgh, PA 15251-

5315.

b. Devices under Parts 11, 731................... 895 EGC Federal Communications

15 and 18 (except Commission, Equipment

receivers). Approval Services,

P.O. Box 358315,

Pittsburgh, PA 15251-

5315.

c. All other devices....... 731................... 450 EFT Federal Communications

Commission, Equipment

Approval Services,

P.O. Box 358315,

Pittsburgh, PA 15251-

5315.

[[Page 36597]]

d. Modifications and Class 731................... 45 EAC Federal Communications

II Permissive Changes. Commission, Equipment

Approval Services,

P.O. Box 358315,

Pittsburgh, PA 15251-

5315.

e. Request for 731 or 159 & Corres... 130 EBC Federal Communications

Confidentiality. Commission, Equipment

Approval Services,

P.O. Box 358315,

Pittsburgh, PA 15251-

5315.

2. Advance Approval for 159 & Corres.......... 2,740 EIS Federal Communications

Subscription TV System. Commission, Equipment

Approval Services,

P.O. Box 358315,

Pittsburgh, PA 15251-

5315.

a. Request for 159 & Corres.......... 130 EBS Federal Communications

Confidentiality. Commission, Equipment

Approval Services,

P.O. Box 358315,

Pittsburgh, PA 15251-

5315.

3. Assignment of Applicant

Code:

a. New applicants for all 159 & Corres.......... 45 EAG Federal Communications

application types except Commission, Equipment

Subscription TV. Approval Services,

P.O. Box 358315,

Pittsburgh, PA 15251-

5315.

4. Experimental Radio Service:

a. New Station 442................... 45 EAE Federal Communications

Authorization. Commission, Equipment

Approval Services,

P.O. Box 358320,

Pittsburgh, PA 15251-

5320.

b. Modification of 442................... 45 EAE Federal Communications

Authorization. Commission, Equipment

Approval Services,

P.O. Box 358320,

Pittsburgh, PA 15251-

5320.

c. Renewal of Station 405................... 45 EAE Federal Communications

Authorization. Commission, Equipment

Approval Services,

P.O. Box 358320,

Pittsburgh, PA 15251-

5320.

d. Assignment or Transfer 702 or 703............ 45 EAE Federal Communications

of Control. Commission, Equipment

Approval Services,

P.O. Box 358320,

Pittsburgh, PA 15251-

5320.

e. Special Temporary 159 & Corres.......... 45 EAE Federal Communications

Authority. Commission, Equipment

Approval Services,

P.O. Box 358320,

Pittsburgh, PA 15251-

5320.

f. Additional fee required 159 & Corres.......... 45 EAE Federal Communications

for any of the above Commission, Equipment

applications that request Approval Services,

confidentiality. P.O. Box 358320,

Pittsburgh, PA 15251-

5320.

5. Ship Inspections:

a. Passenger Vessel Under 801................... 390 FCS Federal Communications

Title III, Part III. Commission, P.O. Box

358110, Pittsburgh,

PA 15251-5110.

b. Oceangoing Vessel Under 801................... 755 FFS Federal Communications

Title III, Part II. Commission, P.O. Box

358110, Pittsburgh,

PA 15251-5110.

c. Vessels Under the Great 801................... 110 FDS Federal Communications

Lakes Agreement. Commission, P.O. Box

358110, Pittsburgh,

PA 15251-5110.

d. Vessels Under the Safety 801................... 660 FES Federal Communications

of Life at Sea (SOLAS) Commission, P.O. Box

Convention. 358110, Pittsburgh,

PA 15251-5110.

e. Temporary Waiver of 159 & Corres.......... 75 FBS Federal Communications

Inspection. Commission, P.O. Box

358110, Pittsburgh,

PA 15251-5110.

6. International 99.................... 2 IAT Licensees will be

Telecommunications Settlements billed.

Administrative Fee for

Collections (per line item).

----------------------------------------------------------------------------------------------------------------

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL

RULES AND REGULATIONS

12. The authority citation for part 2 continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 307, and 336, unless

otherwise noted.

13. Section 2.803, paragraph (a)(1) is revised to read as follows:

Sec. 2.803 Marketing of radio frequency devices prior to equipment

authorization.

(a) * * *

(1) In the case of a device subject to certification, such device

has been authorized by the Commission in accordance with the rules in

this chapter and is properly identified and labelled as required by

Sec. 2.925 and other relevant sections in this chapter; or

* * * * *

Sec. 2.901 [Amended]

14. Section 2.901, paragraph (a) is amended by removing the term

``type acceptance, certification, registration or notification'' and

adding in its place ``certification or registration''. Paragraph (b) is

amended by removing the term ``type acceptance, certification or

notification'' and adding in its place ``certification''.

Sec. 2.904 [Removed]

15. Section 2.904 is removed.

Sec. 2.905 [Removed]

16. Section 2.905 is removed.

17. Section 2.907, paragraph (a) is revised to read as follows:

Sec. 2.907 Certification.

(a) Certification is an equipment authorization issued by the

Commission, based on representations

[[Page 36598]]

and test data submitted by the applicant.

* * * * *

18. Section 2.911 is amended by adding a new paragraph (g) to read

as follows:

Sec. 2.911 Written application required.

* * * * *

(g) ``Signed,'' as used in this section, means an original

handwritten signature; however, the Office of Engineering and

Technology may allow signature by any symbol executed or adopted by the

applicant with the intent that such symbol be a signature, including

symbols formed by computer-generated electronic impulses.

19. Section 2.913 is amended by revising paragraph (b) and adding a

new paragraph (c) as follows:

Sec. 2.913 Submittal of equipment authorization application or

information to the Commission.

* * * * *

(b) Any information or equipment samples requested by the

Commission pursuant to the provisions of subpart J of this part shall,

unless otherwise directed, be submitted to the Federal Communications

Commission, Equipment Authorization Division, 7435 Oakland Mills Road,

Columbia, Maryland 21046.

(c) Effective October 5, 1999, all applications for equipment

authorization must be filed electronically. The Commission will be

amenable to consideration of waiver requests from small businesses that

find it a hardship to file applications electronically. Information on

the procedures for electronically filing equipment authorization

applications can be obtained from the address in paragraph (b) of this

section.

20. Section 2.915, paragraphs (a) introductory text and (c) are

revised to read as follows:

Sec. 2.915 Grant of application.

(a) The Commission will grant an application for certification if

it finds from an examination of the application and supporting data, or

other matter which it may officially notice, that:

* * * * *

(c) Certification shall not attach to any equipment, nor shall any

equipment authorization be deemed effective, until the application has

been granted.

Sec. 2.924 [Amended]

21. Section 2.924 is amended by revising the second sentence to

read as follows:

* * * * *

A device will be considered to be electrically identical if no

changes are made to the device authorized by the Commission, or if the

changes made to the device would be treated as class I permissive

changes within the scope of Sec. 2.1043(b)(1).

* * * * *

22. Section 2.929 is revised to read as follows:

Sec. 2.929 Changes in name, address, ownership or control of grantee.

(a) An equipment authorization issued by the Commission may not be

assigned, exchanged or in any other way transferred to a second party,

except as provided in this section.

(b) The grantee of an equipment authorization may license or

otherwise authorize a second party to manufacture the equipment covered

by the grant of the equipment authorization provided:

(1) The equipment manufactured by such second party bears the FCC

Identifier as is set out in the grant of the equipment authorization.

Note to paragraph (b)(1): Any change in the FCC Identifier

desired as a result of such production or marketing agreement will

require the filing of a new application for an equipment

authorization as specified in Sec. 2.933.

(2) The grantee of the equipment authorization shall continue to be

responsible to the Commission for the equipment produced pursuant to

such an agreement.

(c) Whenever there is a change in the name and/or address of the

grantee of an equipment authorization, written notice of such change(s)

shall be submitted to the Commission within 30 days after the grantee

starts using the new name and/or address.

(d) In the case of transactions affecting the grantee, such as a

transfer of control or sale to another company, mergers, or transfer of

manufacturing rights, notice must be given to the Commission in writing

within 60 days after the consummation of the transaction. Depending on

the circumstances in each case, the Commission may require new

applications for equipment authorization. In reaching a decision the

Commission will consider whether the acquiring party can adequately

ensure and accept responsibility for continued compliance with the

regulations. In general, new applications for each device will not be

required. A single application for equipment authorization may be filed

covering all the affected equipment.

23. Section 2.931 is revised to read as follows:

Sec. 2.931 Responsibility of the grantee.

In accepting a grant of an equipment authorization, the grantee

warrants that each unit of equipment marketed under such grant and

bearing the identification specified in the grant will conform to the

unit that was measured and that the data (design and rated operational

characteristics) filed with the application for certification continues

to be representative of the equipment being produced under such grant

within the variation that can be expected due to quantity production

and testing on a statistical basis.

24. Section 2.932 is revised to read as follows:

Sec. 2.932 Modification of equipment.

(a) A new application for an equipment authorization shall be filed

whenever there is a change in the design, circuitry or construction of

an equipment or device for which an equipment authorization has been

issued, except as provided in paragraphs (b) through (d) of this

section.

(b) Permissive changes may be made in certificated equipment, and

equipment that was authorized under the former type acceptance

procedure, pursuant to Sec. 2.1043.

(c) Permissive changes may be made in equipment that was authorized

under the former notification procedure without submittal of

information to the Commission, unless the equipment is currently

subject to authorization under the certification procedure. However,

the grantee shall submit information documenting continued compliance

with the pertinent requirements upon request.

(d) All requests for permissive changes submitted to the Commission

must be accompanied by the anti-drug abuse certification required under

Sec. 1.2002 of this chapter.

25. Section 2.933 is revised to read as follows:

Sec. 2.933 Change in identification of equipment.

(a) A new application for equipment authorization shall be filed

whenever there is a change in the FCC Identifier for the equipment with

or without a change in design, circuitry or construction. However, a

change in the model/type number or trade name performed in accordance

with the provisions in Sec. 2.924 of this chapter is not considered to

be a change in identification and does not require additional

authorization from the Commission.

(b) An application filed pursuant to paragraph (a) of this section

where no change in design, circuitry or construction is involved, need

not be accompanied by a resubmission of

[[Page 36599]]

equipment or measurement or test data customarily required with a new

application, unless specifically requested by the Commission. In lieu

thereof, the applicant shall attach a statement setting out:

(1) The original identification used on the equipment prior to the

change in identification.

(2) The date of the original grant of the equipment authorization.

(3) How the equipment bearing the modified identification differs

from the original equipment.

(4) Whether the original test results continue to be representative

of and applicable to the equipment bearing the changed identification.

(5) The photographs required by Sec. 2.1033(b)(7) or

Sec. 2.1033(c)(12) showing the exterior appearance of the equipment,

including the operating controls available to the user and the

identification label. Photographs of the construction, the component

placement on the chassis, and the chassis assembly are not required to

be submitted unless specifically requested by the Commission.

(c) If the change in the FCC Identifier also involves a change in

design or circuitry which falls outside the purview of a permissive

change described in Sec. 2.1043, a complete application shall be filed

pursuant to Sec. 2.911.

Sec. 2.934 [Removed]

26. Section 2.934 is removed.

Sec. 2.935 [Removed]

27. Section 2.935 is removed.

28. Section 2.938 is amended by revising paragraph (c) to read as

follows:

Sec. 2.938 Retention of records.

* * * * *

(c) The records listed in paragraph (a) of this section shall be

retained for one year for equipment subject to authorization under the

certification procedure or former type acceptance procedure, or for two

years for equipment subject to authorization under any other procedure,

after the manufacture of said equipment has been permanently

discontinued, or until the conclusion of an investigation or a

proceeding if the responsible party (or, under paragraph (b) of this

section, the manufacturer) is officially notified that an investigation

or any other administrative proceeding involving its equipment has been

instituted.

* * * * *

Sec. 2.943 [Amended]

29. Section 2.943, paragraph (a) is amended by removing the words

``for type acceptance, certification or notification''.

30. Section 2.946 is revised to read as follows:

Sec. 2.946 Penalty for failure to provide test samples and data.

(a) Any responsible party, as defined in Sec. 2.909, or any party

who markets equipment subject to the provisions of this chapter, shall

provide test sample(s) or data upon request by the Commission. Failure

to comply with such a request within 14 days may be cause for

forfeiture, pursuant to Sec. 1.80 of this chapter, or other

administrative sanctions such as suspending action on any applications

for equipment authorization submitted by such party while the matter is

being resolved.

(b) The Commission may consider extensions of time upon submission

of a showing of good cause.

Sec. 2.948 [Amended]

31. Section 2.948, paragraph (a)(2) first sentence is amended by

removing the words ``or the notification''.

Sec. 2.971 [Removed]

32. The undesignated center heading ``Notification'' and Sec. 2.971

are removed.

Sec. 2.973 [Removed]

33. Section 2.973 is removed.

Sec. 2.975 [Removed]

34. Section 2.975 is removed.

Sec. 2.977 [Removed]

35. Section 2.977 is removed.

Sec. 2.981 [Removed]

36. The undesignated center heading ``Type Acceptance'' and

Sec. 2.981 is removed.

Sec. 2.983 [Removed]

37. Section 2.983 is removed.

Sec. 2.985 [Redesignated as Sec. 2.1046]

38. Section 2.985 is redesignated as new Sec. 2.1046, and the

reference to ``Sec. 2.983(d)(5)'' in paragraph (a) is removed and add

in its place ``Sec. 2.1033(c)(8)''.

Sec. 2.987 [Redesignated as Sec. 2.1047]

39. Section 2.987 is redesignated as new Sec. 2.1047, and the

reference to ``Sec. 2.989'' in paragraph (c) is removed and add in its

place ``Sec. 2.1049''.

Sec. 2.989 [Redesignated as Sec. 2.1049]

40. Section 2.989 is redesignated as new Sec. 2.1049.

Sec. 2.991 [Redesignated as Sec. 2.1051]

41. Section 2.991 is redesignated as new Sec. 2.1051, and the

reference to ``Sec. 2.989'' is removed and add in its place

``Sec. 2.1049''.

Sec. 2.993 [Redesignated as Sec. 2.1053]

42. Section 2.993 is redesignated as new Sec. 2.1053, and the

reference to ``Sec. 2.989'' is removed and add in its place

``Sec. 2.1049''.

Sec. 2.995 [Redesignated as Sec. 2.1055]

43. Section 2.995 is redesignated as Sec. 2.1055.

Sec. 2.997 [Redesignated as Sec. 2.1057]

44. Section 2.997 is redesignated as Sec. 2.1057, and the

references to ``Secs. 2.991 and 2.993'' in paragraph (a) are removed

and add in its place ``Secs. 2.1051 and 2.1053'', respectively.

Sec. 2.999 [Removed]

45. Section 2.999 is removed.

Sec. 2.1001 [Removed]

46. Section 2.1001 is removed.

Sec. 2.1005 [Removed]

47. Section 2.1005 is removed.

48. Section 2.1033 is revised to read as follows:

Sec. 2.1033 Application for certification.

(a) An application for certification shall be filed on FCC Form 731

with all questions answered. Items that do not apply shall be so noted.

(b) Applications for equipment operating under Parts 11, 15 and 18

of the rules shall be accompanied by a technical report containing the

following information:

(1) The full name and mailing address of the manufacturer of the

device and the applicant for certification.

(2) FCC identifier.

(3) A copy of the installation and operating instructions to be

furnished the user. A draft copy of the instructions may be submitted

if the actual document is not available. The actual document shall be

furnished to the FCC when it becomes available.

(4) A brief description of the circuit functions of the device

along with a statement describing how the device operates. This

statement should contain a description of the ground system and

antenna, if any, used with the device.

(5) A block diagram showing the frequency of all oscillators in the

device. The signal path and frequency shall be indicated at each block.

The tuning range(s) and intermediate frequency(ies) shall be indicated

at each block. A schematic diagram is also required for intentional

radiators.

(6) A report of measurements showing compliance with the pertinent

FCC technical requirements. This report shall identify the test

procedure used (e.g., specify the FCC test procedure, or industry test

procedure that was used), the date the measurements were made,

[[Page 36600]]

the location where the measurements were made, and the device that was

tested (model and serial number, if available). The report shall

include sample calculations showing how the measurement results were

converted for comparison with the technical requirements.

(7) A sufficient number of photographs to clearly show the exterior

appearance, the construction, the component placement on the chassis,

and the chassis assembly. The exterior views shall show the overall

appearance, the antenna used with the device (if any), the controls

available to the user, and the required identification label in

sufficient detail so that the name and FCC identifier can be read. In

lieu of a photograph of the label, a sample label (or facsimile

thereof) may be submitted together with a sketch showing where this

label will be placed on the equipment. Photographs shall be of size A4

(21 cm x 29.7 cm) or 8 x 10 inches (20.3 cm x 25.4 cm). Smaller

photographs may be submitted provided they are sharp and clear, show

the necessary detail, and are mounted on A4 (21 cm x 29.7 cm) or 8.5

x 11 inch (21.6 cm x 27.9 cm) paper. A sample label or facsimile

together with the sketch showing the placement of this label shall be

on the same size paper.

(8) If the equipment for which certification is being sought must

be tested with peripheral or accessory devices connected or installed,

a brief description of those peripherals or accessories. The peripheral

or accessory devices shall be unmodified, commercially available

equipment.

(9) For equipment subject to the provisions of part 15 of this

chapter, the application shall indicate if the equipment is being

authorized pursuant to the transition provisions in Sec. 15.37 of this

chapter.

(10) Applications for the certification of direct sequence spread

spectrum transmitters under part 15 shall be accompanied by an exhibit

demonstrating compliance with the processing gain provisions of

Sec. 15.247(e) of this chapter. Applications for the certification of

frequency hopping transmitters under part 15 shall be accompanied by an

exhibit describing compliance of the associated receiver or receivers

with Sec. 15.247(a)(1) of this chapter.

(11) Applications for the certification of scanning receivers shall

include a statement describing the methods used to comply with the

design requirements of Sec. 15.121(a) of this chapter or the marketing

requirements of Sec. 15.121(b) of this chapter.

(c) Applications for equipment other than that operating under

parts 15 and 18 of the rules shall be accompanied by a technical report

containing the following information:

(1) The full name and mailing address of the manufacturer of the

device and the applicant for certification.

(2) FCC identifier.

(3) A copy of the installation and operating instructions to be

furnished the user. A draft copy of the instructions may be submitted

if the actual document is not available. The actual document shall be

furnished to the FCC when it becomes available.

(4) Type or types of emission.

(5) Frequency range.

(6) Range of operating power values or specific operating power

levels, and description of any means provided for variation of

operating power.

(7) Maximum power rating as defined in the applicable part(s) of

the rules.

(8) The dc voltages applied to and dc currents into the several

elements of the final radio frequency amplifying device for normal

operation over the power range.

(9) Tune-up procedure over the power range, or at specific

operating power levels.

(10) A schematic diagram and a description of all circuitry and

devices provided for determining and stabilizing frequency, for

suppression of spurious radiation, for limiting modulation, and for

limiting power.

(11) A photograph or drawing of the equipment identification plate

or label showing the information to be placed thereon.

(12) Photographs (8'' x 10'') of the equipment of sufficient

clarity to reveal equipment construction and layout, including meters,

if any, and labels for controls and meters and sufficient views of the

internal construction to define component placement and chassis

assembly. Insofar as these requirements are met by photographs or

drawings contained in instruction manuals supplied with the

certification request, additional photographs are necessary only to

complete the required showing.

(13) For equipment employing digital modulation techniques, a

detailed description of the modulation system to be used, including the

response characteristics (frequency, phase and amplitude) of any

filters provided, and a description of the modulating wavetrain, shall

be submitted for the maximum rated conditions under which the equipment

will be operated.

(14) The data required by Secs. 2.1046 through 2.1057, inclusive,

measured in accordance with the procedures set out in Sec. 2.1041.

(15) The application for certification of an external radio

frequency power amplifier under part 97 of this chapter need not be

accompanied by the data required by paragraph (b)(14) of this section.

In lieu thereof, measurements shall be submitted to show compliance

with the technical specifications in subpart C of part 97 of this

chapter and such information as required by Sec. 2.1060 of this part.

(16) An application for certification of an AM broadcast

stereophonic exciter-generator intended for interfacing with existing

certified, or formerly type accepted or notified transmitters must

include measurements made on a complete stereophonic transmitter. The

instruction book must include complete specifications and circuit

requirements for interconnecting with existing transmitters. The

instruction book must also provide a full description of the equipment

and measurement procedures to monitor modulation and to verify that the

combination of stereo exciter-generator and transmitter meet the

emission limitations of Sec. 73.44.

(17) A single application may be filed for a composite system that

incorporates devices subject to certification under multiple rule

parts, however, the appropriate fee must be included for each device.

Separate applications must be filed if different FCC Identifiers will

be used for each device.

49. Section 2.1041 is revised to read as follows:

Sec. 2.1041 Measurement procedure.

For equipment operating under parts 15 and 18, the measurement

procedures are specified in the rules governing the particular device

for which certification is requested. For equipment operating in the

authorized radio services, measurements are required as specified in

Secs. 2.1046, 2.1047, 2.1049, 2.1051, 2.1053, 2.1055 and 2.1057. See

also Sec. 2.947.

50. Section 2.1043 is revised to read as follows:

Sec. 2.1043 Changes in certificated equipment.

(a) Changes to the basic frequency determining and stabilizing

circuitry (including clock or data rates), frequency multiplication

stages, basic modulator circuit or maximum power or field strength

ratings shall not be performed without application for and

authorization of a new grant of certification. Variations in electrical

or mechanical construction, other than these indicated items, are

permitted provided the variations either do not affect the

characteristics required to be reported to the Commission or the

[[Page 36601]]

variations are made in compliance with the other provisions of this

section.

(b) Two classes of permissive changes may be made in certificated

equipment without requiring a new application for and grant of

certification. Neither class of change shall result in a change in

identification.

(1) A Class I permissive change includes those modifications in the

equipment which do not degrade the characteristics reported by the

manufacturer and accepted by the Commission when certification is

granted. No filing with the Commission is required for a Class I

permissive change.

(2) A Class II permissive change includes those modifications which

degrade the performance characteristics as reported to the Commission

at the time of the initial certification. Such degraded performance

must still meet the minimum requirements of the applicable rules. When

a Class II permissive change is made by the grantee, the grantee shall

supply the Commission with complete information and the results of

tests of the characteristics affected by such change. The modified

equipment shall not be marketed under the existing grant of

certification prior to acknowledgement by the Commission that the

change is acceptable.

(3) Except as specified below, permissive changes, as detailed

above, shall be made only by the holder of the grant of certification.

Changes by any party other than the grantee require a new application

for and grant of certification.

(c) A grantee desiring to make a change other than a permissive

change shall file an application on FCC Form 731 accompanied by the

required fees. The grantee shall attach a description of the change(s)

to be made and a statement indicating whether the change(s) will be

made in all units (including previous production) or will be made only

in those units produced after the change is authorized.

(d) A modification which results in a change in the identification

of a device with or without change in circuitry requires a new

application for, and grant of certification. If the changes affect the

characteristics required to be reported, a complete application shall

be filed. If the characteristics required to be reported are not

changed the abbreviated procedure of Sec. 2.933 may be used.

(e) Equipment that has been certificated or formerly type accepted

for use in the Amateur Radio Service pursuant to the requirements of

part 97 of this chapter may be modified without regard to the

conditions specified in paragraph (b) of this section, provided the

following conditions are met:

(1) Any person performing such modifications on equipment used

under part 97 of this chapter must possess a valid amateur radio

operator license of the class required for the use of the equipment

being modified.

(2) Modifications made pursuant to this paragraph are limited to

equipment used at licensed amateur radio stations.

(3) Modifications specified or performed by equipment manufacturers

or suppliers must be in accordance with the requirements set forth in

paragraph (b) of this section.

(4) Modifications specified or performed by licensees in the

Amateur Radio Service on equipment other than that at specific licensed

amateur radio stations must be in accordance with the requirements set

forth in paragraph (b) of this section.

(5) The station licensee shall be responsible for ensuring that

modified equipment used at his station will comply with the applicable

technical standards in part 97 of this chapter.

(f) For equipment other than that operating under parts 15 or 18,

when a Class II permissive change is made by other than the grantee of

certification, the information and data specified in paragraph (b)(2)

of this section shall be supplied by the person making the change. The

modified equipment shall not be operated under an authorization of the

Commission prior to acknowledgement by the Commission that the change

is acceptable.

(g) The interconnection of a certificated or formerly type accepted

AM broadcast stereophonic exciter-generator with a certificated or

formerly type accepted AM broadcast transmitter in accordance with the

manufacturer's instructions and upon completion of measurements showing

that the modified transmitter meets the emission limitation

requirements of Sec. 73.44 is defined as a Class I permissive change

for compliance with this section.

(h) The interconnection of a multiplexing exciter with a

certificated or formerly type accepted AM broadcast transmitter in

accordance with the manufacturer's instructions without electrical or

mechanical modification of the transmitter circuits and completion of

equipment performance measurements showing the transmitter meets the

minimum performance requirements applicable thereto is defined as a

Class I permissive change for compliance with this section.

(i) The addition of TV broadcast subcarrier generators to a

certificated or formerly type accepted TV broadcast transmitter or the

addition of FM broadcast subcarrier generators to a type accepted FM

broadcast transmitter, provided the transmitter exciter is designed for

subcarrier operation without mechanical or electrical alterations to

the exciter or other transmitter circuits.

(j) The addition of TV broadcast stereophonic generators to a

certificated or formerly type accepted TV broadcast transmitter or the

addition of FM broadcast stereophonic generators to a certificated or

formerly type accepted FM broadcast transmitter, provided the

transmitter exciter is designed for stereophonic sound operation

without mechanical or electrical alterations to the exciter or other

transmitter circuits.

(k) The addition of subscription TV encoding equipment for which

the FCC has granted advance approval under the provisions of

Sec. 2.1400 in subpart M and Sec. 73.644(c) of part 73 to a

certificated or formerly type accepted transmitter is considered a

Class I permissive change.

(l) Notwithstanding the provisions of this section, broadcast

licensees or permittees are permitted to modify certificated or

formerly type accepted equipment pursuant to Sec. 73.1690 of the FCC's

rules.

51. A new Sec. 2.1060 is added to read as follows:

Sec. 2.1060 Equipment for use in the amateur radio service.

(a) The general provisions of Secs. 2.925, 2.1031, 2.1033, 2.1041,

2.1043, 2.1051, 2.1053 and 2.1057 shall apply to applications for, and

grants of, certification for equipment operated under the requirements

of part 97 of this chapter, the Amateur Radio Service.

(b) When performing the tests specified in Secs. 2.1051 and 2.1053

of this part, the center of the transmitted bandwidth shall be within

the operating frequency band by an amount equal to 50 percent of the

bandwidth utilized for the tests. In addition, said tests shall be made

on at least one frequency in each of the bands within which the

equipment is capable of tuning.

(c) Any supplier of an external radio frequency power amplifier kit

as defined by Sec. 97.3(a)(17) of this chapter shall comply with the

following requirements:

(1) Assembly of one unit of a specific type shall be made in exact

accordance with the instructions being supplied with the product being

marketed. If all of the necessary components are not normally furnished

with the kit, assembly shall be made using the recommended components.

(2) The measurement data required for certification shall be

obtained for this

[[Page 36602]]

unit and submitted with the certification application. Unless otherwise

requested, it is not necessary to submit this unit with the

application.

(3) A copy of the exact instructions which will be provided for

assembly of the equipment shall be provided in addition to other

material required by Sec. 2.1033 of this part.

(4) The identification label required by Sec. 2.925 of this part

shall be permanently affixed to the assembled unit and shall be of

sufficient size so as to be easily read. The following information

shall be shown on the label:

(Name of Grantee of Certification)

FCC ID: (The number assigned to the equipment by the grantor)

This amplifier can be expected to comply with part 97 of the FCC

Regulations when assembled and aligned in strict accordance with the

instruction manual using components with the kit or an exact

equivalent thereof.

(Title and signature of responsible representative of Grantee)

Statement of Compliance

I state that I have constructed this equipment in accordance

with the instruction manual and using the parts furnished by the

supplier of this kit.

(Signature)

(Date)

(Amateur call sign) (Class of license)

(Expiration date of license)

To be signed by the person responsible for proper assembly of

kit.)

(5) If requested, an unassembled unit shall be provided for

assembly and test by the Commission. Shipping charges to and from the

Commission's Laboratory shall be borne by the applicant.

(d) Certification of external radio frequency power amplifiers and

amplifier kits may be denied when denial serves the public interest,

convenience and necessity by preventing the use of these amplifiers in

services other than the Amateur Radio Service. Other uses of these

amplifiers, such as in the Citizens Band Radio Service, are prohibited

(Sec. 95.411 of this chapter). Examples of features which may result in

the denial of certification are contained in Sec. 97.317 of this

chapter.

PART 5--EXPERIMENTAL RADIO SERVICES (OTHER THAN BROADCAST)

52. The authority citation for part 5 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081, as

amended; 47 U.S.C. 301.

Sec. 5.108 [Amended]

53. Section 5.108, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``verified''.

54. Section 5.109 is revised to read as follows:

Sec. 5.109 Acceptability of transmitters for licensing.

All transmitters used at stations licensed for wildlife and ocean

buoy tracking and telemetering operations pursuant to Sec. 5.108 shall

be verified pursuant to subpart J of part 2 of this chapter.

PART 15--RADIO FREQUENCY DEVICES

55. The authority citation for part 15 continues to read as

follows:

Authority: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.

Sec. 15.19 [Amended]

56. Section 15.19, paragraph (a) introductory text is amended by

removing the word ``notification,''.

Sec. 15.25 [Amended]

57. Section 15.25, paragraph (b) introductory text is amended by

removing the term ``notified'' and adding in its place ``authorized

under the Declaration of Conformity procedure,'' paragraph (b)(2) is

amended by removing the term ``notification'' and adding in its place

``Declaration of Conformity'' and paragraph (c) is amended by removing

the term ``or notification''.

Sec. 15.31 [Amended]

58. Section 15.31, paragraph (b) is amended by removing the term

``notification or''. Paragraph (f)(3) is amended by removing the term

``notification'' and adding in its place ``Declaration of Conformity''.

Sec. 15.35 [Amended]

59. Section 15.35, paragraph (c) is amended by removing the term

``notification'' and adding in its place ``Declaration of Conformity''.

60. Section 15.101, paragraphs (a) and (b) are revised to read as

follows:

Sec. 15.101 Equipment authorization of unintentional radiators.

(a) Except as otherwise exempted in Secs. 15.23, 15.103, and

15.113, unintentional radiators shall be authorized prior to the

initiation of marketing, as follows:

------------------------------------------------------------------------

Equipment authorization

Type of device required

------------------------------------------------------------------------

TV broadcast receiver.................. Verification.

FM broadcast receiver.................. Verification.

CB receiver............................ Declaration of Conformity or

Certification.

Superregenerative receiver............. Declaration of Conformity or

Certification.

Scanning receiver...................... Certification.

All other receivers subject to part 15. Declaration of Conformity or

Certification.

TV interface device.................... Declaration of Conformity or

Certification.

Cable system terminal device........... Declaration of Conformity.

Stand-alone cable input selector switch Verification.

Class B personal computers and Declaration of Conformity or

peripherals. Certification.

CPU boards and internal power supplies Declaration of Conformity or

used with Class B personal computers. Certification.

Class B personal computers assembled Declaration of Conformity.

using authorized CPU boards or power

supplies..

Class B external switching power Verification.

supplies.

Other Class B digital devices & Verification.

peripherals.

Class A digital devices, peripherals & Verification.

external switching power supplies..

All other devices...................... Verification.

------------------------------------------------------------------------

[[Page 36603]]

Note to table: Where the above table indicates more than one

category of authorization for a device, the party responsible for

compliance has the option to select the type of authorization.

(b) Only those receivers that operate (tune) within the frequency

range of 30-960 MHz and CB receivers are subject to the authorizations

shown in paragraph (a) of this section. However, receivers indicated as

being subject to Declaration of Conformity that are contained within a

transceiver, the transmitter portion of which is subject to

certification, shall be authorized under the verification procedure.

Receivers operating above 960 MHz or below 30 MHz, except for CB

receivers, are exempt from complying with the technical provisions of

this part but are subject to Sec. 15.5.

* * * * *

Sec. 15.214 [Amended]

61. Section 15.214, paragraph (a) is amended by revising the last

sentence to read as follows:

(a) * * * The application shall include a fee for certification of

each type of transmitter and for certification, if appropriate, for

each type of receiver included in the system.

* * * * *

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

62. The authority citation for part 18 continues to read as

follows:

Authority: 47 U.S.C. 4, 301, 302, 303, 304, 307.

63. Section 18.203, paragraph (a) is revised to read as follows:

Sec. 18.203 Equipment authorization.

(a) Consumer ISM equipment, unless otherwise specified, must be

authorized under either the Declaration of Conformity or certification

procedure prior to use or marketing. An application for certification

shall be filed with the Commission on an FCC Form 731, pursuant to the

relevant sections in part 2, subpart J of this chapter and shall also

be accompanied by:

(1) A description of measurement facilities pursuant to Sec. 2.948,

or reference to such information already on file with the Commission.

(2) A technical report pursuant to Secs. 18.207 and 18.311.

* * * * *

Sec. 18.205 [Removed]

64. Section 18.205 is removed.

Sec. 18.207 [Amended]

65. Section 18.207, paragraph (a) is amended by correcting

``Sec. 18.205'' to read ``Sec. 2.948''.

66. Section 18.209 is revised to read as follows:

Sec. 18.209 Identification of authorized equipment.

(a) Each device for which a grant of equipment authorization is

issued under this part shall be identified pursuant to the applicable

provisions of subpart J of part 2 of this chapter. Changes in the

identification of authorized equipment may be made pursuant to

Sec. 2.933 of part 2 of this chapter. FCC Identifiers as described in

Secs. 2.925 and 2.926 of this chapter shall not be used on equipment

subject to verification or Declaration of Conformity.

(b) Devices authorized under the Declaration of Conformity

procedure shall be labelled with the logo shown below. The label shall

not be a stick-on, paper label. It shall be permanently affixed to the

product and shall be readily visible to the purchaser at the time of

purchase, as described in Sec. 2.925(d) of this chapter. ``Permanently

affixed'' means that the label is etched, engraved, stamped,

silkscreened, indelibly printed, or otherwise permanently marked on a

permanently attached part of the equipment or on a nameplate of metal,

plastic, or other material fastened to the equipment by welding,

riveting, or a permanent adhesive. The label must be designed to last

the expected lifetime of the equipment in the environment in which the

equipment may be operated and must not be readily detachable. The logo

follows:

[GRAPHIC] [TIFF OMITTED] TR07JY98.027

67. A new Sec. 18.212 is added to read as follows:

Sec. 18.212 Compliance information.

(a) Equipment authorized under the Declaration of Conformity

procedure shall include the following compliance information in lieu of

the information required by Sec. 2.1077.

(1) Identification of the product, e.g., name and model number.

(2) A statement similar to the following:

This device complies with Part 18 of the FCC Rules.

(3) The name and address of the responsible party as defined in

Sec. 2.909 of the rules. This party must be located within the United

States.

(b) The compliance information may be placed in the instruction

manual, on a separate sheet, or on the packaging. There is no specific

format for this information.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

68. The authority citation for part 21 continues to read as

follows:

Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,

403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,

1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,

154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47

U.S.C. 552, 554.

Sec. 21.42 [Amended]

69. Section 21.42, paragraph (c)(1)(i) is amended by removing the

term ``type-accepted'' each place it appears and adding in its place

``certificated'', and by removing the term ``type notified'' each place

it appears.

Sec. 21.120 [Amended]

70. Section 21.120, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``certificated''. Paragraphs

(b) and (c) are amended by removing the term ``type acceptance or

notification'' and adding in its place ``certification'' and by

removing the last sentence in each of paragraphs (b) and (c).

Sec. 21.907 [Amended]

71. Section 21.907, paragraphs (c) and (d) are amended by removing

the term ``type-accepted'' and adding in its place ``certificated''.

PART 22--PUBLIC MOBILE SERVICES

72. The authority citation for part 22 continues to read as

follows:

Authority: 47 U.S.C. 154, 222, 303, 309 and 332.

Sec. 22.99 [Amended]

73. Section 22.99, the definition of emission mask is amended by

removing the term ``type acceptance'' and adding in its place

``certification''.

Sec. 22.377 [Amended]

74. Section 22.377, existing paragraph (c) is removed, paragraph

(d) is redesignated as paragraph (c), the section heading, introductory

text, paragraphs (a), (b) and newly redesignated (c) are amended by

removing the term ``type-acceptance'' and adding in its place

``certification'' each place it appears and removing the term ``type-

accepted'' and adding in its place ``certificated''.

Sec. 22.379 [Amended]

75. Section 22.379(a) is amended by removing the term ``type-

accepted'' and adding in its place ``certificated''.

[[Page 36604]]

PART 24--PERSONAL COMMUNICATIONS SERVICES

76. The authority citation for part 24 continues to read as

follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.

Sec. 24.51 [Amended]

77. Section 24.51, existing paragraph (b) is removed, paragraphs

(c) and (d) are redesignated as paragraphs (b) and (c), paragraph (a)

and newly redesignated paragraph (c) are amended by removing the term

``type acceptance'' each place it appears and adding in its place

``certification''. Newly redesignated paragraph (b) is amended by

removing the last sentence.

PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE

78. The authority citation for part 26 continues to read as

follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332, unless

otherwise noted.

79. Section 26.51 is revised to read as follows:

Sec. 26.51 Equipment authorization.

(a) Each transmitter utilized for operation under this part and

each transmitter marketed, as set forth in Sec. 2.803 of this chapter,

must be of a type that has been authorized by the Commission under its

type certification procedure.

(b) Any manufacturer of radio transmitting equipment to be used in

these services may request equipment authorization following the

procedures set forth in Subpart J of part 2 of this chapter. Equipment

authorization for an individual transmitter may be requested by an

applicant for a station authorization by following the procedures set

forth in part 2 of this chapter.

PART 73--RADIO BROADCAST SERVICES

80. The authority citation for part 73 continues to read as

follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

81. Section 73.53 is amended by revising paragraphs (a), (b)

introductory text, and (b)(10) to read as follows:

Sec. 73.53 Requirements for authorization of antenna monitors.

(a) Antenna monitors shall be verified for compliance with the

technical requirements in this section. The procedure for verification

is specified in subpart J of part 2 of the FCC's rules.

(b) An antenna monitor shall meet the following specifications:

* * * * *

(10) Complete and correct schematic diagrams and operating

instructions shall be retained by the party responsible for

verification of the equipment and submitted to the FCC upon request.

For the purpose of equipment authorization, these diagrams and

instructions shall be considered as part of the monitor.

* * * * *

82. Section 73.1660 is revised to read as follows:

Sec. 73.1660 Acceptability of broadcast transmitters.

(a) An AM, FM or TV transmitter shall be verified for compliance

with the requirements of this part following the procedures described

in part 2 of the FCC rules.

(b) A permittee or licensee planning to modify a transmitter which

has been approved by the FCC or verified for compliance must follow the

requirements contained in Sec. 73.1690.

(c) A transmitter which was in use prior to January 30, 1955, may

continue to be used by the licensee, and successors or assignees, if it

continues to comply with the technical requirements for the type of

station at which it is used.

(d) AM stereophonic exciter-generators for interfacing with

approved or verified AM transmitters may be certified upon request from

any manufacturer in accordance with the procedures described in part 2

of the FCC rules. Broadcast licensees may modify their certified AM

stereophonic exciter-generators in accordance with Sec. 73.1690.

(e) Additional rules covering certification and verification,

modification of authorized transmitters, and withdrawal of a grant of

authorization are contained in part 2 of the FCC rules.

83. Section 73.1665, paragraph (c) and the note that follows are

revised to read as follows:

Sec. 73.1665 Main transmitters.

* * * * *

(c) A licensee may, without further authority or notification to

the FCC, replace an existing main transmitter or install additional

main transmitter(s) for use with the authorized antenna if the

replacement or additional transmitter(s) has been verified for

compliance. Within 10 days after commencement of regular use of the

replacement or additional transmitter(s), equipment performance

measurements, as prescribed for the type of station are to be

completed.

Note to paragraph (c): Pending the availability of AM broadcast

transmitters that are approved or verified for use in the 1605-1705

kHz band, transmitters that are approved or verified for use in the

535-1605 kHz band may be utilized in the 1605-1705 kHz band if it is

shown that the requirements of Sec. 73.44 have been met.

Verification or FCC approval of the transmitter will supersede the

applicability of this note.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER

PROGRAM DISTRIBUTIONAL SERVICES

84. The authority citation for part 74 continues to read as

follows:

Authority: 47 U.S.C. 154, 303, 307, and 554.

85. Section 74.451, the section heading is revised to read as

follows:

Sec. 74.451 Certification of equipment.

Sec. 74.451 [Amended]

Paragraphs (a), (b), (c), (d) and (f) are amended by removing the

term ``type accepted'' each place it appears and adding in its place

``certificated'' and by removing the term ``type acceptance'' each

place it appears and adding in its place ``certification''. The last

sentence of paragraph (c) is removed.

Sec. 74.452 [Amended]

86. Section 74.452, paragraphs (b) and (d) are amended by removing

the term ``type accepted'' each place it appears and adding in its

place ``certificated''.

Sec. 74.462 [Amended]

87. Section 74.462, paragraph (a) is amended by removing the term

``type accepted'' each place it appears and adding in its place

``certificated'', footnote 4 of the table in paragraph (b) is amended

by removing the term ``type accepted'' and adding in its place

``certificated'' and removing the term ``Radio Equipment List'' and

adding in its place ``database''.

88. Section 74.550 is revised to read as follows:

Sec. 74.550 Equipment authorization.

Each authorization for aural broadcast STL, ICR, and booster

stations shall require the use of equipment which has been certificated

or verified. Equipment which has not been approved under the equipment

authorization program and which was in service prior to July 1, 1993,

may be retained solely for temporary uses necessary to restore or

maintain regular service provided by approved equipment, because the

main or primary unit has failed or requires servicing. Such temporary

uses may not interfere with or impede the establishment of other aural

broadcast auxiliary links and may not occur during more than 720

cumulative hours per year. Should interference occur, the

[[Page 36605]]

licensee must take all steps necessary to eliminate it, up to and

including cessation of operation of the auxiliary transmitter. All

unapproved equipment retained for temporary use must have been in the

possession of the licensee prior to July 1, 1993, and may not be

obtained from other sources. Equipment designed exclusively for fixed

operation shall be authorized under the verification procedure. The

equipment authorization procedures are contained in subpart J of part 2

of the rules.

Note to Sec. 74.550: Consistent with the note to Sec. 74.502(a),

grandfathered equipment in the 942-944 MHz band and STL/ICR users of

these frequencies in Puerto Rico are also required to come into

compliance by July 1, 1993. The backup provisions described above

apply to these stations also.

Sec. 74.632 [Amended]

89. Section 74.632, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``authorized as required''.

Sec. 74.651 [Amended]

90. Section 74.651, paragraph (a)(1) is amended by removing the

term ``type accepted or notified'' and adding in its place

``authorized''.

91. Section 74.655 is revised to read as follows:

Sec. 74.655 Authorization of equipment.

(a) Except as provided in paragraph (b) of this section, all

transmitting equipment first marketed for use under this subpart or

placed into service after October 1, 1981, must be authorized under the

certification or verification procedure, as detailed in paragraph (f)

of this section. Equipment which is used at a station licensed prior to

October 1, 1985, which has not been authorized as detailed in paragraph

(f) of this section, may continue to be used by the licensee or its

successors or assignees, provided that if operation of such equipment

causes harmful interference due to its failure to comply with the

technical standards set forth in this subpart, the FCC may, at its

discretion, require the licensee to take such corrective action as is

necessary to eliminate the interference. However, such equipment may

not be further marketed or reused under part 74 after October 1, 1985.

Transmitters designed for use in the 31.0 to 31.3 GHz band shall be

authorized under the verification procedure.

(b) Certification or verification is not required for transmitters

used in conjunction with TV pickup stations operating with a peak

output power not greater than 250 mW. Pickup stations operating in

excess of 250 mW licensed pursuant to applications accepted for filing

prior to October 1, 1980 may continue operation subject to periodic

renewal. If operation of such equipment causes harmful interference the

FCC may, at its discretion, require the licensee to take such

corrective action as is necessary to eliminate the interference.

(c) The license of a TV auxiliary station may replace transmitting

equipment with authorized equipment, as detailed under paragraph (f) of

this section, without prior FCC approval, provided the proposed changes

will not depart from any of the terms of the station or system

authorization or the Commission's technical rules governing this

service, and also provided that any changes made to authorized

transmitting equipment is in compliance with the provisions of part 2

of the FCC rules concerning modifications to authorized equipment.

(d) Any manufacturer of a transmitter to be used in this service

may authorize the equipment under the certification or verification

procedure, as appropriate, following the procedures set forth in

subpart J of part 2 of the FCC rules.

(e) An applicant for a TV broadcast auxiliary station may also

authorize an individual transmitter, as specified in paragraph (f) of

this section, by following the procedures set forth in subpart J of

part 2 of the FCC rules and regulations.

(f) Transmitters designed to be used exclusively for a TV STL

station, a TV intercity relay station, a TV translator relay station,

or a TV microwave booster station, shall be authorized under

verification. All other transmitters will be authorized under the

certification procedure.

Sec. 74.750 [Amended]

92. Section 74.750, paragraph (a), (b), (c) introductory text and

(g) are amended by removing the term ``type accepted'' each place it

appears and adding in it place ``certificated''. Paragraph (e)

introductory text and (e)(1), (e)(2), (e)(3), (e)(4) are amended by

removing the term ``type accepted'' each place its appears and adding

in its place ``certificated'' and by removing the term ``type

acceptance'' each place it appears and adding in its place

``certification''. The last two sentences of paragraph (e)(1) are

removed.

Sec. 74.751 [Amended]

93. Section 74.751, paragraphs (a) and (b)(1) are amended by

removing the term ``type accepted'' and adding in its place

``certificated''.

94. Section 74.851, the section heading is revised to read as

follows:

Sec. 74.851 Certification of equipment.

Sec. 74.851 [Amended]

Paragraphs (a), (b), (c), (e) and (f) are amended by removing the

term ``type accepted'' each place its appears and adding in its place

``certificated'' and by removing the term ``type acceptance'' each

place it appears and adding in its place ``certification''. The last

sentence of paragraph (c) is removed.

Sec. 74.852 [Amended]

95. Section 74.852, paragraph (a) is amended by removing the term

``type accepted'' each place it appears and adding in its place

``certificated''.

Sec. 74.861 [Amended]

96. Section 74.861, paragraph (b) is amended by removing the term

``type accepted'' and adding in its place ``certificated'', and

removing the term ``type acceptance'' and adding in its place

``certification''.

Sec. 74.938 [Amended]

97. Section 74.938 is amended by removing the term ``type

accepted'' and adding in its place ``certificated'', and removing the

term ``type acceptance'' each place it appears and adding in its place

``certification''.

Sec. 74.939 [Amended]

98. Section 74.939, paragraph (j) is amended by removing the term

``type acceptance'' and adding in its place ``certification''.

Sec. 74.950 [Amended]

99. Section 74.950, paragraph (f) introductory text is amended by

removing the term ``type accepted'' and adding in its place

``certificated''.

Sec. 74.951 [Amended]

100. Section 74.951, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 74.952 [Amended]

101. Section 74.952, paragraph (a) is redesignated as paragraph

(b), the introductory text is redesignated as paragraph (a), and newly

redesignated paragraphs (a) and (b) are amended by removing the term

``type accepted'' and adding in its place ``certificated'', and newly

redesignated paragraph (b) is amended removing the term ``type

acceptance'' each place it appears and adding in its place

``certification''.

Sec. 74.1235 [Amended]

102. Section 74.1235(e) is amended by removing the term ``type-

accepted'' each place it appears and adding in its place

``certificated''.

[[Page 36606]]

103. Section 74.1250 is amended by revising paragraphs (a), (b) and

(c) introductory text to read as follows:

Sec. 74.1250 Transmitters and associated equipment.

(a) FM translator and booster transmitting apparatus, and exciters

employed to provide a locally generated and modulated input signal to

translator and booster equipment, used by stations authorized under the

provisions of this subpart must be certificated upon the request of any

manufacturer of transmitters in accordance with this section and

subpart J of part 2 of this chapter. In addition, FM translator and

booster stations may use FM broadcast transmitting apparatus verified

or approved under the provisions of part 73 of this chapter.

(b) Transmitting antennas, antennas used to receive signals to be

rebroadcast, and transmission lines are not subject to the requirement

for certification.

(c) The following requirements must be met before translator,

booster or exciter equipment will be certificated in accordance with

this section:

* * * * *

Sec. 74.1251 [Amended]

104. Section 74.1251, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``certificated'', and

revising the reference ``Sec. 2.1001'' to read ``Part 2''. Paragraph

(b)(1) is amended by removing the term ``type accepted'' and adding in

its place ``certificated''.

PART 78--CABLE TELEVISION RELAY SERVICE

105. The authority citation for part 78 continues to read as

follows:

Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as

amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.

152, 153, 154, 301, 303, 307, 308, 309.

106. Section 78.107 is amended by removing paragraph (a) and by

redesignating paragraphs (b), (c), (d) and (e) as paragraphs (a), (b),

(c), and (d). The newly redesignated paragraph (a) is amended by

revising paragraph (a) introductory text, and paragraph (a)(2) to read

as follows:

Sec. 78.107 Equipment and installation.

(a) Applications for new cable television relay stations, other

than fixed stations, will not be accepted unless the equipment

specified therein has been certificated. In the case of fixed stations,

the equipment must be authorized under the verification procedure for

use pursuant to the provisions of this subpart. Transmitters designed

for use in the 31.0 to 31.3 GHz band shall be authorized under the

verification procedure.

(1) * * *

(2) Neither certification nor verification is required for the

following transmitters:

* * * * *

Part 78 Index [Amended]

107. The alphabetical index to part 78 is amended by removing the

entry for ``Equipment list, Type accepted'', and removing the entry for

``Type accepted equipment'' and adding in its place ``Certificated

equipment''.

PART 80--STATIONS IN THE MARITIME SERVICES

108. The authority citation for part 80 continues to read as

follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303, 307(e) unless otherwise noted. Interpret or apply

48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-

609; 3 UST 3450, 3 UST 4726, 12 UST 2377.

Sec. 80.29 [Amended]

109. Section 80.29, the table in paragraph (a) is amended by

removing the term ``type-accepted'' and adding in its place

``authorized'' in the second column.

Sec. 80.43 [Amended]

110. Section 80.43 is amended by removing the term ``type

accepted'' and adding in its place ``authorized''.

Sec. 80.203 [Amended]

111. Section 80.203, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``certificated'' in the first

sentence, removing the term ``type acceptance'' and adding in its place

``certification'' in the second sentence, and removing the term ``type

accepted or type approved'' and adding in its place ``authorized'' in

the last sentence. Paragraphs (d), (f), (h), (g), (i), (j), (k), (l)

and (m)(2) are amended by removing the term ``type accepted'' each

place it appears and adding in its place ``certificated'' and removing

the term ``type acceptance'' each place its appears and adding in its

place ``certification''. Paragraph (k) is amended by removing the last

sentence.

Sec. 80.205 [Amended]

112. Section 80.205, paragraph (a), footnote 11 is amended by

removing the term ``type accepted'' and adding in its place

``approved''.

Sec. 80.207 [Amended]

113. Section 80.207, paragraph (d), footnotes 2 and 5 are amended

by removing the term ``type accepted'' and adding in its place

``approved''.

114. In the first column of the table in the entries in paragraph

(a) of Sec. 80.209, paragraphs (1)(ii), (1)(iii) and (1)(iv) are

amended by removing the terms ``type accepted or type approved'' and

``type approved'' and adding in its place ``approved''. Footnote 1

following the table, is amended by removing the term ``type

acceptance'' and adding in its place ``approval''. Footnote 2 is

amended by removing the term ``type accepted'' and adding in its place

``approved''.

Sec. 80.215 [Amended]

115. Section 80.215, in paragraph (e)(3), footnote 8 is amended by

removing the term ``type acceptance'' and adding in its place

``Certification''.

Sec. 80.221 [Amended]

116. Section 80.221, paragraph (d) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 80.251 [Amended]

117. Section 80.251, paragraph (a) is amended by removing the term

``type acceptance'' and adding in its place ``certification'', and in

paragraph (b) by removing the term ``type accepted'' and adding in its

place ``certificated''.

Sec. 80.253 [Amended]

118. Section 80.253, in paragraph (a), footnote 1 is amended by

removing the term ``type accepted or type approved'' and adding in its

place ``approved''. Footnote 2 is amended by removing the term ``type

accepted or type approval'' and adding in its place ``approved''.

Sec. 80.255 [Amended]

119. Section 80.255, paragraph (a), footnotes 1 and 2 are amended

by removing the terms ``type accepted or type approved'' and adding in

its place ``approved''.

Sec. 80.250 [Amended]

120. Section 80.259, paragraph (a) introductory text is amended by

removing the term ``type acceptance'' and adding in its place

``certification'', paragraphs (a)(1) and (a)(2) are amended by removing

the term ``type approved'' and adding in its place ``approved''.

Sec. 80.265 [Amended]

121. Section 80.265, following the table in paragraph (b)(1),

footnotes 1 and 2 are amended by removing the terms ``type accepted or

type approved'' and adding in its place ``approved''. Footnote 3 is

amended by removing the word ``type''. Paragraph (c)(1), the footnote

to the table is amended by

[[Page 36607]]

removing the term ``type approved'' and adding in its place

``approved''. Paragraph (e)(2) is amended by removing the term ``type

accepted'' and adding in its place ``certificated''.

Sec. 80.267 [Amended]

122. Section 80.267, paragraph (a)(1), following the table,

footnotes 1 and 2 are amended by removing the term ``type accepted or

type approved'' and adding in its place ``approved''.

Sec. 80.271 [Amended]

123. Section 80.271, paragraphs (b), (c) and (d) are amended by

removing the term ``type accepted'' and adding in its place

``certificated''. Paragraph (e) is amended by removing the term ``Radio

Equipment List'' and adding in its place ``database''.

Sec. 80.605 [Amended]

124. Section 80.605, paragraph (b) is amended by removing the term

``type acceptance'' each place it appears and adding in its place

``certification'' .

Sec. 80.812 [Amended]

125. Section 80.812 is amended by removing the term ``of a type

accepted'' and adding in its place ``certificated''.

Sec. 80.814 [Amended]

126. Section 80.814 is amended by removing the term ``of a type

accepted'' and adding in its place ``certificated''.

Sec. 80.829 [Amended]

127. Section 80.829, paragraph (b) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 80.831 [Amended]

128. Section 80.831, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 80.833 [Amended]

129. Section 80.833, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 80.836 [Amended]

130. Section 80.836, paragraph (c)(3)(i) is amended by removing the

term ``type accepted'' and adding in its place ``certificated''.

Sec. 80.856 [Amended]

131. Section 80.856 is amended by removing the term ``type

accepted'' and adding in its place ``certificated''.

Sec. 80.873 [Amended]

132. Section 80.873, paragraph (d)(3) is amended by removing the

term ``type accepted'' and adding in its place ``certificated''.

Sec. 80.874 [Amended]

133. Section 80.874, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 80.911 [Amended]

134. Section 80.911, paragraph (c) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 80.1053 [Amended]

135. Section 80.1053, paragraph (c) is amended by removing the term

``type accepted'' each place it appears and adding in its place

``certificated'', and by removing the term ``type acceptance'' each

place it appears and adding in its place ``certification''.

Sec. 80.1059 [Amended]

136. Section 80.1059, paragraph (e) is amended by removing the term

``type acceptance'' and adding in its place ``certification''.

Sec. 80.1061 [Amended]

137. Section 80.1061, paragraphs (c) and (d) are amended by

removing the term ``type acceptance'' and adding in its place

``certification''.

Sec. 80.1103 [Amended]

138. Section 80.1103, paragraph (a) is amended by removing the term

``type accepted'' and adding in its place ``certificated'' and by

removing the term ``notified'' and adding in its ``verified''.

Paragraph (b) is amended by removing the term ``type acceptance'' and

adding in its place ``certification'', and paragraph (c) is amended by

removing the term ``notification'' and adding in its place

``verification'' and by removing the term ``certificate'' and adding in

its place ``certification''.

PART 87--AVIATION SERVICES

139. The authority citation for part 87 continues to read as

follows:

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,

307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-

1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.

Sec. 87.39 [Amended]

140. Section 87.39 is amended by removing the term ``type

accepted'' and adding in its place ``certificated''.

Sec. 87. 131 [Amended]

141. Section 87.131, footnote 5 of the table, is amended by

removing the term ``type accepted'' and adding in its place

``certificated'', and footnote 7 is amended by removing the term ``type

acceptance'' and adding in its place ``certification''.

Sec. 87.133 [Amended]

142. Section 87.133, paragraph (a), footnote 3 of the table is

amended by removing the term ``type accepted or type approved'' and

adding in its place ``approved''. Footnotes 4 and 5 are amended by

removing the term ``type accepted'' and adding in its place

``approved''. Footnote 11 is amended by removing the term ``type

acceptance'' and adding in its place ``certification''.

Sec. 87.137 [Amended]

143. Section 87.137, paragraph (a), footnotes 3 and 15 of the table

are amended by removing the term ``type accepted'' and adding in its

place ``approved''. Footnote 4 is amended by removing the term ``type

acceptance'' and adding in its place ``approval''.

Sec. 87.139 [Amended]

144. Section 87.139, paragraph (g) is amended by removing the term

``type accepted'' and adding in its place ``approved''.

145. Section 87.145 is revised to read as follows:

Sec. 87.145 Acceptability of transmitters for licensing.

(a) Each transmitter must be certificated for use in these

services, except as listed in paragraph (c) of this section. However,

aircraft stations which transmit on maritime mobile frequencies must

use transmitters certificated for use in ship stations in accordance

with part 80 of this chapter. Certification under part 80 is not

required for aircraft earth stations transmitting on maritime mobile-

satellite frequencies. Such stations must be certificated under part

87.

(b) Some radio equipment installed on air carrier aircraft must

meet the requirements of the Commission and the requirements of the

FAA. The FAA requirements may be obtained from the FAA, Aircraft

Maintenance Division, 800 Independence Ave., SW., Washington, DC 20591.

(c) The equipment listed below is exempted from certification. The

operation of transmitters which have not been certificated must not

result in harmful interference due to the failure of those transmitters

to comply with technical standards of this subpart.

(1) Development or Civil Air Patrol transmitters.

(2) Flight test station transmitters for limited periods where

justified.

(3) U.S. Government transmitters furnished in the performance of a

U.S. Government contract if the use of

[[Page 36608]]

certificated equipment would increase the cost of the contract or if

the transmitter will be incorporated in the finished product. However,

such equipment must meet the technical standards contained in this

subpart.

(4) ELTs verified in accordance with Sec. 87.147(e).

(5) Signal generators when used as radionavigation land test

stations (MTF).

(d) Aircraft earth stations must correct their transmit frequencies

for Doppler effect relative to the satellite. The transmitted signal

may not deviate more than 335 Hz from the desired transmit frequency.

(This is a root sum square error which assumes zero error for the

received ground earth station signal and includes the AES transmit/

receive frequency reference error and the AES automatic frequency

control residual errors.) The applicant must attest that the equipment

provides adequate Doppler effect compensation and where applicable,

that measurements have been made that demonstrate compliance.

Submission of data demonstrating compliance is not required unless

requested by the Commission.

146. Section 87.147 is amended by revising paragraphs (a), (b),

(c), (d) introductory text, (d)(2), and (e) to read as follows:

Sec. 87.147 Authorization of equipment.

(a) Certification may be requested by following the procedures in

part 2 of this chapter. Aircraft transmitters must meet the

requirements over an ambient temperature range of -20 degrees to +50

degrees Celsius.

(b) ELTs manufactured after October 1, 1988, must meet the output

power characteristics contained in Sec. 87.141(i) when tested in

accordance with the Signal Enhancement Test contained in subpart N,

part 2 of this chapter. A report of the measurements must be submitted

with each application for certification. ELTs that meet the output

power characteristics of the section must have a permanent label

prominently displayed on the outer casing state, ``Meets FCC Rule for

improved satellite detection.'' This label, however, must not be placed

on the equipment without authorization to do so by the Commission.

Application for such authorization may be made either by submission of

a new application for certification accompanied by the required fee and

all information and test data required by parts 2 and 87 of this

chapter or, for ELTs approved prior to October 1, 1988, a letter

requesting such authorization, including appropriate test data and a

showing that all units produced under the original equipment

authorization comply with the requirements of this paragraph without

change to the original circuitry.

(c) An applicant for a station license may request certification

for an individual transmitter by following the procedure in part 2 of

this chapter. Such a transmitter will be individually certified and so

noted on the station license.

(d) An applicant for certification of equipment intended for

transmission in any of the frequency bands listed in paragraph (d)(3)

of this section must notify the FAA of the filing of a certification

application. The letter of notification must be mailed to: FAA,

Spectrum Engineering Division, 800 Independence Ave. SW., Washington,

DC 20591 no later than the date of filing of the application with the

Commission.

(1) * * *

(2) The certification application must include a copy of the

notification letter to the FAA. The Commission will not act for 21 days

after receipt of the application to afford the FAA an opportunity to

comment. If the FAA objects to the application for equipment

authorization, it should mail its objection with a showing that the

equipment is incompatible with the National Airspace System to: Office

of Engineering and Technology Laboratory, Authorization and Evaluation

Division, 7435 Oakland Mills Rd., Columbia, MD 21046. If the Commission

receives such an objection, the Commission will consider the FAA

showing before taking final action on the application.

(3) * * *

(e) Verification reports for ELTs capable of operating on the

frequency 406.025 MHz must include sufficient documentation to show

that the ELT meets the requirements of Sec. 87.199(a). A letter

notifying the FAA of the ELT verification must be mailed to: FAA,

Spectrum Engineering Division, 800 Independence Avenue SW., Washington,

DC 20591.

Sec. 87.189 [Amended]

147. Section 87.189, paragraph (b) is amended by removing the term

``type-accepted'' and adding in its place ``certificated''.

148. Section 87.199 is amended by revising paragraphs (c) and (d)

to read as follows:

Sec. 87.199 Special requirements for 406.025 MHz ELTs.

* * * * *

(c) Prior to verification of a 406.025 MHz ELT, the ELT must be

certified by a test facility recognized by one of the COSPAS/SARSAT

Partners that the equipment satisfies the design characteristics

associated with the COSPAS/SARSAT document COSPAS/SARSAT 406 MHz

Distress Beacon Type Approval Standard (C/S T.007). Additionally, an

independent test facility must certify that the ELT complies with the

electrical and environmental standards associated with the RTCA

Recommended Standards.

(d) The procedures for verification are contained in subpart J of

part 2 of this chapter.

* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

149. The authority citation for part 90 continues to read as

follows:

Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless

otherwise noted.

Sec. 90.5 [Amended]

150. Section 90.5, paragraph (c) is amended by removing the term

``type acceptance and type approval'' and adding in its place

``certification''.

Sec. 90.20 [Amended]

151. Section 90.20, paragraph (e)(5)(i), (f)(4) and (f)(5) are

amended by removing the term ``type accepted'' and adding in its place

``certificated''.

Sec. 90.35 [Amended]

152. Section 90.35, paragraph (c)(22) is amended by removing the

term ``type accepted'' and adding in its place ``certificated''.

Sec. 90.65 [Amended]

153. Section 90.65, paragraph (c)(11) is amended by removing the

term ``type accepted'' and adding in its place ``certificated''.

Sec. 90.103 [Amended]

154. Section 90.103, paragraphs (c)(23) and (c)(24) are amended by

removing the term ``type accepted'' and adding in its place

``certificated''.

155. Section 90.129 is amended by revising paragraph (b) to read as

follows:

Sec. 90.129 Supplemental information to be routinely submitted with

applications.

* * * * *

(b) Description of any equipment proposed to be used if it is not

approved for use under this part.

* * * * *

156. Section 90.203 is amended by revising paragraph (a) and

paragraph (b) introductory text and paragraphs (c), (e), (f), (h)(2),

(j)(2) introductory text, (j)(4)

[[Page 36609]]

introductory text, (j)(5), (j)(6) introductory text, (j)(6)(i)(A),

(j)(7), (j)(8), and (k) to read as follows:

Sec. 90.203 Certification required.

(a) Except as specified in paragraph (b) of this section, each

transmitter utilized for operation under this part and each transmitter

marketed as set forth in Sec. 2.803 of this chapter must be of a type

which has been certificated for use under this part.

(1) [Reserved]

(2) Any manufacturer of radio transmitting equipment (including

signal boosters) to be used in these services may request certification

for such equipment following the procedures set forth in subpart J of

part 2 of this chapter. Certification for an individual transmitter or

signal booster also may be requested by an applicant for a station

authorization by following the procedure set forth in part 2 of this

chapter. Such equipment if approved will be individually enumerated on

the station authorization.

(b) Certification is not required for the following:

* * * * *

(c) Radiolocation transmitters for use in public safety and land

transportation applications marketed prior to January 1, 1974, must

meet the applicable technical standards in this part, pursuant to

Sec. 2.803 of this chapter.

* * * * *

(e) Except as provided in paragraph (g) of this section,

transmitters designed to operate above 25 MHz shall not be certificated

for use under this part if the operator can program and transmit on

frequencies, other than those programmed by the manufacturer, service

or maintenance personnel, using the equipment's external operation

controls.

(f) Except as provided in paragraph (g) of this section,

transmitters designed to operate above 25 MHz that have been approved

prior to January 15, 1988, and that permit the operator, by using

external controls, to program the transmitter's operating frequencies,

shall not be manufactured in, or imported into the United States after

March 15, 1988. Marketing of these transmitters shall not be permitted

after March 15, 1989.

* * * * *

(h) * * *

(2) The part 90 certification limits the use of the equipment to

operations only under Sec. 90.423.

(i) Equipment certificated after February 16, 1988 and marketed for

public safety operation in the 821-824/866-869 MHz bands must have the

capability to be programmed for operation on the mutual aid channels as

designated in Sec. 90.617(a) of the rules.

(j) * * *

(2) Applications for certification received on or after February

14, 1997 will only be granted for equipment with the following channel

bandwidths:

* * * * *

(3) Applications for part 90 certification of transmitters designed

to operate on frequencies in the 150-174 MHz and/or 421-512 MHz bands,

received on or after February 14, 1997, must include a certification

that the equipment meets a spectrum efficiency standard of one voice

channel per 12.5 kHz of channel bandwidth. Additionally, if the

equipment is capable of transmitting data, has transmitter output power

greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz,

the equipment must be capable of supporting a minimum data rate of 4800

bits per second per 6.25 kHz of channel bandwidth.

(4) Applications for certification received on or after January 1,

2005, except for hand-held transmitters with an output power of two

watts or less, will only be granted for equipment with the following

channel bandwidths:

* * * * *

(5) Applications for part 90 certification of transmitters designed

to operate on frequencies in the 150-174 MHz and/or 421-512 MHz bands,

received on or after January 1, 2005, must include a certification that

the equipment meets a spectrum efficiency standard of one voice channel

per 6.25 kHz of channel bandwidth. Additionally, if the equipment is

capable of transmitting data, has transmitter output power greater than

500 mW, and has a channel bandwidth of more than 6.25 kHz, the

equipment must be capable of supporting a minimum data rate of 4800

bits per second per 6.25 kHz of channel bandwidth.

(6) Modification and permissive changes to certification grants.

(i) * * *

(A) Transmitters that have the inherent capability for multi-mode

or narrowband operation allowed in paragraphs (j)(2) and (j)(4) of this

section, may have their grant of certification modified (reissued) upon

demonstrating that the original unit complies with the technical

requirements for operation; and

(B) * * *

(ii) * * *

(7) Transmitters designed for one-way paging operations will be

certificated with a 25 kHz channel bandwidth and are exempt from the

spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of

this section.

(8) The Commission's Equipment Authorization Division may, on a

case by case basis, grant certification to equipment with slower data

rates than specified in paragraphs (j)(3) and (j)(5) of this section,

provided that a technical analysis is submitted with the application

which describes why the slower data rate will provide more spectral

efficiency than the standard data rate.

* * * * *

(k)(1) For transmitters operating on frequencies in the 220-222 MHz

band, certification will only be granted for equipment with channel

bandwidths up to 5 kHz, except that certification will be granted for

equipment operating on 220-222 MHz band Channels 1 through 160

(220.0025 through 220.7975/221.0025 through 221.7975), 171 through 180

(220.8525 through 220.8975/221.8525 through 221.8975), and 186 through

200 (220.9275 through 220.9975/221.9275 through 221.9975) with channel

bandwidths greater than 5 kHz if the equipment meets the following

spectrum efficiency standard: Applications for part 90 certification of

transmitters designed to operate on frequencies in the 220-222 MHz band

must include a statement that the equipment meets a spectrum efficiency

standard of at least one voice channel per 5 kHz of channel bandwidth

(for voice communications), and a data rate of at least 4,800 bits per

second per 5 kHz of channel bandwidth (for data communications).

Certification for transmitters operating on 220-222 MHz band Channels 1

through 160 (220.0025 through 220.7975/221.0025 through 221.7975), 171

through 180 (220.8525 through 220.8975/221.8525 through 221.8975), and

186 through 200 (220.9275 through 220.9975/221.9275 through 221.9975)

with channel bandwidths greater than 5 kHz will be granted without the

requirement that a statement be included that the equipment meets the

spectrum efficiency standard if the requests for certification of such

transmitters are filed after December 31, 2001.

(2) Certification may be granted on a case-by-case basis by the

Commission's Equipment Authorization Division for equipment operating

on 220-222 MHz band Channels 1 through 160 (220.0025 through 220.7975/

221.0025 through 221.7975), 171 through 180 (220.8525 through 220.8975/

221.8525 through 221.8975), and 186 through 200 (220.9275 through

220.9975/221.9275

[[Page 36610]]

through 221.9975) with channel bandwidths greater than 5 kHz and not

satisfying the spectrum efficiency standard identified in paragraph

(k)(1) of this section, if requests for part 90 certification of such

transmitters are accompanied by a technical analysis that

satisfactorily demonstrates that the transmitters will provide more

spectral efficiency than that which would be provided by use of the

spectrum efficiency standard.

Sec. 90.211 [Amended]

157. Section 90.211, paragraph (b) is amended by removing the term

``type acceptance'' each place it appears and adding in its place

``certification''.

Sec. 90.219 [Amended]

158. Section 90.219, paragraph (e) is amended by removing the term

``type-accepted'' and adding in its place ``certificated''.

Sec. 90.237 [Amended]

159. Section 90.237, paragraphs (c) and (g) are amended by removing

the term ``type-accepted'' each place it appears and adding in its

place ``certificated''.

Sec. 90.241 [Amended]

160. Section 90.241, paragraph (c)(12) is amended by removing the

term ``Type accepted'' and adding in its place ``certificated''.

Sec. 90.269 [Amended]

161. Section 90.269, paragraph (a)(2) is amended by removing the

term ``type accepted'' and adding in its place ``certificated''.

PART 95--PERSONAL RADIO SERVICES

162. The authority citation for part 95 continues to read as

follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303.

Sec. 95.117 [Amended]

163. Section 95.117, paragraph (a)(4) is amended by removing the

term ``type-accepted'' and adding in its place ``certificated''.

Sec. 95.129 [Amended]

164. Section 95.129, paragraphs (a), (b)(1) and (b)(2) are amended

by removing the term ``type-accepted'' and adding in its place

``certificated''.

Sec. 95.133 [Amended]

165. Section 95.133, paragraphs (a) and (b) are amended by removing

the term ``type-accepted'' each place it appear and adding in its place

``certificated''.

166. Section 95.209 is revised to read as follows:

Sec. 95.209 (R/C Rule 9) What equipment may I use at my R/C station?

(a) Your R/C station may transmit only with:

(1) An FCC certificated R/C transmitter (certificated means the FCC

has determined that certain radio equipment is capable of meeting

recommended standards for operation); or

(2) A non-certificated R/C transmitter on Channels 26.995-27.255

MHz if it complies with the technical standards (see part 95, subpart

E).

(3) Use of a transmitter outside of the band 26.955-27.255 MHz

which is not certificated voids your authority to operate the station.

Use of a transmitter in the band 26.995-27.255 MHz which does not

comply with the technical standards voids your authority to operate the

station.

(b) You may examine a list of certificated transmitters at any FCC

field office.

(c) Your R/C station may transmit with a transmitter assembled from

a kit.

(d) You must not make, or have made, any internal modification to a

certificated transmitter. (See R/C Rule 22.) Any internal modification

to a certificated transmitter cancels the certification, and use of

such a transmitter voids your authority to operate the station.

Sec. 95.221 [Amended]

167. Section 95.221, paragraph (b) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 95.222 [Amended]

168. Section 95.222, paragraph (b)(2) is amended by removing the

term ``type accepted'' and adding in its place ``certificated''.

Sec. 95.225 [Amended]

169. Section 95.225, paragraph (a)(2) is amended by removing the

term ``type-accepted'' and adding in its place ``certificated''.

Sec. 95.409 [Amended]

170. Section 95.409, paragraphs (a) and (b) are amended by removing

the term ``type-accepted'' each place it appears and adding in its

place ``certificated'', and by removing the term ``type acceptance''

each place it appears and adding in its place ``certification''.

Sec. 95.411 [Amended]

171. Section 95.411, paragraph (a) introductory text is amended by

removing the term ``type-accepted'' and adding in its place

``certificated''.

Sec. 95.425 [Amended]

172. Section 95.425, paragraph (b)(2) is amended by removing the

term ``type accepted'' and adding in its place ``certificated''.

Sec. 95.428 [Amended]

173. Section 95.428, paragraph (a)(2) is amended by removing the

term ``type-accepted'' and adding in its place ``certificated''.

Sec. 95.601 [Amended]

174. Section 95.601 is amended by removing the term ``type

acceptance or type certification'' and adding in its place

``certification''.

Sec. 95.603 [Amended]

175. Section 95.603 the section heading is revised, paragraphs (a),

(b), (c) and (e) are amended by removing the term ``type accepted''

each place it appears and adding in its place ``certificated''.

Sec. 95.603 Certification required.

176. Section 95.605 is revised to read as follows:

Sec. 95.605 Certification procedures.

Any entity may request certification for its transmitter when the

transmitter is used in the GMRS, R/C, CB, IVDS, LPRS, or FRS following

the procedures in part 2 of this chapter.

Sec. 95.607 [Amended]

177. Section 95.607, introductory text and paragraph (a) are

revised by removing the term ``type accepted'' and adding in its place

``certificated'', and removing the term ``type acceptance'' each place

it appears and adding in its place ``certification''.

Sec. 95.635 [Amended]

178. Section 95.635, the table in paragraph (b) is amended by

removing the term ``type accepted'' each place it appears and adding in

its place ``authorized''.

Sec. 95.645 [Amended]

179. The undesignated center heading preceding Sec. 95.645 is

revised to read as follows: ``CERTIFICATION REQUIREMENTS''.

180. Section 95.645, paragraph (b) is amended by removing the term

``type accepted'' and adding in its place ``certificated''.

Sec. 95.653 [Amended]

181. Section 95.653, paragraph (a) is amended by removing the term

``type acceptance'' and adding in its place ``certification''.

[[Page 36611]]

Sec. 95.655 [Amended]

182. Section 95.655, paragraph (a) is amended by removing the term

``type accepted'' each place it appears and adding in its place

``certificated'', and removing the term ``type acceptance'' and adding

in its place ``certification''.

Sec. 95.665 [Amended]

183. The undesignated center heading preceding Sec. 95.665 is

revised to read as follows: ``ADDITIONAL CERTIFICATION REQUIREMENTS FOR

CB TRANSMITTERS.''

Sec. 95.669 [Amended]

184. Section 95.669, paragraph (a)(1) is amended by removing the

term ``type acceptance'' and adding in its place ``certification''.

185. Section 95.851 is revised to read as follows:

Sec. 95.851 Certification.

Each CTS and RTU transmitter must be certificated for use in the

IVDS in accordance with subpart J of part 2 of this chapter.

Sec. 95.857 [Amended]

186. Section 95.857, paragraph (c) is amended by removing the term

``type acceptance'' and adding in its place ``certification''.

PART 97--AMATEUR RADIO SERVICE

187. The authority citation for part 97 continues to read as

follows:

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.

Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47

U.S.C. 151-155, 301-609, unless otherwise noted.

188. Section 97.315, the section heading is revised to read as

follows:

Sec. 97.315 Certification of external RF power amplifiers.

Paragraphs (a), (b) and (c) are amended by removing the term ``type

acceptance'' each place it appears and adding in its place

``certification'', and by removing the term ``type accepted'' each

place it appears and adding in its place ``certificated''. Paragraph

(c) is amended by removing the first sentence, and by removing the term

``on this list'' and adding in its place ``in the Commission's

database''.

189. Section 97.317, the section heading is revised to read as

follows:

Sec. 97.317 Standards for certification of external RF power

amplifiers.

Paragraphs (a), (b) and (c) are amended by removing the term ``type

acceptance'' each place it appears and adding in its place

``certification''.

PART 101--FIXED MICROWAVE SERVICES

190. The authority citation for part 101 continues to read as

follows:

Authority: 47 U.S.C. 154, 303.

Sec. 101.61 [Amended]

191. Section 101.61, paragraph (c)(1)(i) is amended by removing the

term ``type-accepted (or type-notified)'' each place it appears and

adding in its place ``certificated or verified.''

Sec. 101.107 [Amended]

192. Section 101.107, footnote 4 following the table is amended by

removing the term ``type accepted'' and adding in its place

``authorized''.

Sec. 101.133 [Amended]

193. Section 101.133, paragraph (a) is amended by removing the term

``type-accepted'' and adding in its place ``certificated''.

194. Section 101.139 is revised to read as follows:

Sec. 101.139 Authorization of transmitters.

(a) Except for transmitters used at developmental stations or for

fixed point-to-point operation pursuant to subparts H and I of this

part, each transmitter must be a type which has been certificated by

the Commission for use under the applicable rules of this part.

Transmitters used in the private operational fixed and common carrier

fixed point-to-point microwave services under subparts H and I of this

part must be of a type that has been verified for compliance.

Transmitters designed for use in the 31.0 to 31.3 GHz band will be

authorized under the verification procedure.

(b) Any manufacturer of a transmitter to be produced for use under

the rules of this part may request certification or obtain verification

by following the applicable procedures set forth in part 2 of this

chapter.

(c) Certification for an individual transmitter may also be

requested by an applicant for a station authorization, pursuant to the

procedures set forth in part 2 of this chapter.

(d) A transmitter presently shown on an instrument of

authorization, which operates on an assigned frequency in the 890-940

MHz band and has not been certificated, may continue to be used by the

licensee without certification provided such transmitter continues

otherwise to comply with the applicable rules and regulations of the

Commission.

(e) Certification or verification is not required for portable

transmitters operating with peak output power not greater than 250 mW.

If operation of such equipment causes harmful interference the FCC may,

at its discretion, require the licensee to take such corrective action

as is necessary to eliminate the interference.

(f) After July 15, 1996, the manufacturer (except for export) or

importation of equipment employing digital modulation techniques in the

3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz

bands must meet the minimum payload capacity requirements of

Sec. 101.141.

Sec. 101.141 [Amended]

195. Section 101.141, paragraph (a)(2) is amended by removing the

term ``type accepted'' and adding in its place ``certificated''.

Sec. 101.151 [Amended]

196. Section 101.151, paragraph (e) is amended by removing the term

``Type-accepted'' and adding in its place ``Certificated''.

[FR Doc. 98-17670 Filed 7-6-98; 8:45 am]

BILLING CODE 6712-01-U