>Buy the way, in my opinion, the line about its only out in two
places and by 4 dB is a slipper slope. Sales guys are forever trying to use
that to get the product out to the street - hey who's going to catch us its
only two frequencies. The next thing that happens is that you're on the next
project and this thing is flying out the door, and you have even more
trouble trying to get the company to be compliant on the next project.<

The only reason I mentioned this was just to point out that we weren't
bringing down aircraft when we powered up the unit.  The unit will comply
when offered for sale, that's my job.

Mike



-----Original Message-----
From: Gary McInturff [mailto:[email protected]]
Sent: Wednesday, October 25, 2000 9:00 AM
To: 'Mike Morrow'; EMC Society
Subject: RE: Beta units and the FCC


Just for clarification on when or when you can't sell stuff.

Couple of paragraphs from CFR 47
        2.803 Equipment requiring /Commission approval
                A) Equipment can't be sold ........

                B) paragraph a) doesn't prohibit conditional sales where
delivery is contingent upon compliance, nor agreements to produce new
products which will be compliant.

                d) Not withstanding 2) equipment can be offered for sale to
a business, not residential or resellers to residential equipment, which is
non-compliant if the buyer is advised in writing at the time of offer for
sale that the equipment must meet the FCC rules and will meet them before
delivery. In this case the warning doesn't have to be present.

        Here is the section that I rely on.

                e) 1 Notwithstanding a) the device can be operated of
labeled in the following situations.

                (iv) Evaluation of product performance and customer
acceptability at the manufacturing facility during development, design, or
pre-production states: or

                2) Manufacturers facilities extends to entities working
under the authorization of the responsible party in connection with the
development and manufacture, but not marketing, of the equipment

        Sounds like a classic description of Beta test to me. If I weren't
still twinking with the product and wringing out the last few bugs, which
can only be found in the field under actual conditions it wouldn't be a Beta
test. The customer has agreed to be a beta test site and usually gets a
reduced price or something along that line to help with the final design
checkout because he is somewhat at risk for the correct operation.

        Buy the way, in my opinion, the line about its only out in two
places and by 4 dB is a slipper slope. Sales guys are forever trying to use
that to get the product out to the street - hey who's going to catch us its
only two frequencies. The next thing that happens is that you're on the next
project and this thing is flying out the door, and you have even more
trouble trying to get the company to be compliant on the next project.

        Gary

>  -----Original Message-----
> From:         Mike Morrow [mailto:[email protected]]
> Sent: Wednesday, October 25, 2000 9:22 AM
> To:   EMC Society
> Subject:      Beta units and the FCC
>
> What are the rules regarding a piece of equipment that is being beta
> tested (not for sale, not being offered for sale) that does not currently
> comply with Part 15B limits?  Everything I've read (47CFR Part 2.803)
> revolves around marketing and sales of the equipment, but nothing about
> equipment that is being given to someone for evaluation. FYI, the unit
> only has two failing frequencies and it only fails by about 4 db.  I am
> planning on putting a "not for sale" sticker on the units as well.  Thanks
> in advance.
>
> Mike Morrow
> Senior Compliance Engineer
> Ucentric Systems
> 978-897-6482
> [email protected]
> www.ucentric.com
>


-------------------------------------------
This message is from the IEEE EMC Society Product Safety
Technical Committee emc-pstc discussion list.

To cancel your subscription, send mail to:
     [email protected]
with the single line:
     unsubscribe emc-pstc

For help, send mail to the list administrators:
     Jim Bacher:              [email protected]
     Michael Garretson:        [email protected]

For policy questions, send mail to:
     Richard Nute:           [email protected]

Reply via email to