47 CFR  2.806(c)(3), (4), and (5) addresses this issue.

(3) "Any digital device may be operated at the manufacturer's facilities
during development, design or preproduction states for evalutaion or product
performance and determination of customer acceptability."

(4) extends (3) to include user's site.

(5) clarifies (4) and (5) a little more.

The not for sale or lease stickers and informing the user that the unit does
not comply with the FCC rules as stated in 2.803 or 2.805 also keeps you out
of trouble.

>  -----Original Message-----
> From:         Mike Morrow [mailto:[email protected]] 
> Sent: Wednesday, October 25, 2000 12:22 PM
> 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 
> 

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