47 CFR Ch. I (10-1-98 Edition) § 2.803
§ 2.803 Marketing of radio frequency devices prior to equipment
authorization.
(a) Except as provided elsewhere in this section, no person shall sell or
lease, or offer for sale or lease (including advertising for sale or lease),
or import, ship, or distribute for the purpose of selling or leasing or
offering for sale or lease, any radio frequency device unless:
(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 labeled as required by § 2.925 and other
relevant sections in this chapter; or
(2) In the case of a device that is not required to have a grant of
equipment authorization issued by the Commission, but which must comply with
the specified technical standards prior to use, such device also complies
with all applicable administrative (including verification of the equipment
or authorization under a Declaration of Conformity, where required),
technical, labeling and identification requirements specified in this
chapter.
(b) The provisions of paragraph (a) of this section do not prohibit
conditional sales contracts between manufacturers and wholesalers or
retailers where de-livery is contingent upon compliance with the applicable
equipment authorization and technical requirements, nor do they prohibit
agreements between such parties to produce new products, manufactured in
accordance with designated specifications.
(c) Notwithstanding the provisions of paragraphs (a), (b), (d) and (f) of
this section, a radio frequency device may be advertised or displayed, e.g.,
at a trade show or exhibition, prior to equipment authorization or, for
devices not subject to the equipment authorization requirements, prior to a
determination of compliance with the applicable technical requirements
provided that the advertising contains, and the display is accompanied by, a
conspicuous notice worded as follows:
This device has not been authorized as required by the rules of the Federal
Communications Commission. This device is not, and may not be, offered for
sale or lease, or sold or leased, until authorization is obtained.
(1) If the product being displayed is a prototype of a product that has been
properly authorized and the prototype, itself, is not authorized due to
differences between the prototype and the authorized product, the following
disclaimer notice may be used in lieu of the notice stated in paragraph (c)
introductory text of this section:
Prototype. Not for sale.
(2) Except as provided elsewhere in this chapter, devices displayed under
the provisions of paragraphs (c) introductory text, and (c)(1) of this
section may not be activated or operated. (d) Notwithstanding the provisions
of paragraph (a) of this section, the offer for sale solely to business,
commercial, industrial, scientific or medical users (but not an offer for
sale to other parties or to end users located in a residential environment)
of a radio frequency device that is in the conceptual, developmental, design
or pre-production stage is permitted prior to equipment authorization or,
for devices not subject to the equipment authorization requirements, prior
to a determination of compliance with the applicable technical requirements
provided that the prospective buyer is advised in writing at the time of the
offer for sale that the equipment is subject to the FCC rules and that the
equipment will comply with the appropriate rules be-fore delivery to the
buyer or to centers of distribution. If a product is marketed in compliance
with the provisions of this paragraph, the product does not need to be
labeled with the statement in paragraph (c) of this section.
(e)(1) Notwithstanding the provisions of paragraph (a) of this section,
prior to equipment authorization or determination of compliance with the
applicable technical requirements any radio frequency device may be
operated, but not marketed, for the following purposes and under the
following conditions: (i) Compliance testing; (ii) Demonstrations at a trade
show provided the notice contained in paragraph (c) of this section is
displayed in a conspicuous location on, or immediately adjacent to, the
device;
(iii) Demonstrations at an exhibition conducted at a business, commercial,
industrial, scientific, or medical location, but excluding locations in a
residential environment, provided the notice contained in paragraphs (c) or
(d)
My recommendation would to include the following text (in a conspicuous font
and type set) in all documentation sent with an evaluation or test package,
regardless of the quantities or receiving agent :
This device has not been authorized as required by the rules
of the Federal Communications Commission. This device is not, and may not
be, offered for sale or lease, or sold or leased, until authorization is
obtained.
Additionally, I recommend that a label with the following wording be
attached to the board itself:
PROTOTYPE for EVALUATION ONLY
This board has not been tested for conformance to FCC Rules.
JOHN E. STUCKEY
EMC Engineer
Micron Technology, Inc.
Integrated Products Group
Micron Architectures Lab
8455 West Emerald
Boise, ID 83704
Ph. 208.363.5313
Fx. 208.363.5596
[email protected]
<<...>>
-----Original Message-----
From: Mike Morrow [mailto:[email protected]]
Sent: Wednesday, October 25, 2000 10:22 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]
