Brent,
I just went through this exercise and the FCC section you want to pay
attention to is
Sec. 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:
....
(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."
...
(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;
(e)(3) The provisions of paragraphs (e)(1)(i), (e)(1)(ii),
(e)(1)(iii), (e)(1)(iv), and (e)(1)(v) of this section do not eliminate
any requirements for station licenses for products that normally require a
license to operate, as specified elsewhere in this chapter. ........
(v) Evaluation of product performance and determination of customer
acceptability where customer acceptability of a radio frequency device
cannot be determined at the manufacturer's facilities because of size or
unique capability of the device, provided the device is operated at a
business, commercial, industrial, scientific, or medical user's site, but
not at a residential site, during the development, design or pre-production
stages. A product operated under this provision shall be labeled, in a
conspicuous location, with the notice in paragraph (c) of this section.
Operation shall be required to cease upon notification by a Commission
representative that the device is causing harmful interference and shall not
resume until the condition causing the harmful interference is corrected.
For Europe you have less leeway, you can show the product at a trade show
with a PROMINENT label declaring that the product has not been evaluated for
compliance to the appropriate LVD and EMC directives. The directives
prohibit the "placing on the market" or "putting into service" any product
that does not conform to the directives. This only allows you to demonstrate
the product at the customer's site if it is always under the control of the
manufacturer. For a Beta unit, you would need to send one of your people to
operate the equipment until it is returned to your factory or you get
approvals on that configuration.
Good luck,
Lou Guerin
Littlefeet, Inc.
The usual disclaimers apply, my employer is not responsible for any
statements I make.
-----Original Message-----
From: Gary McInturff [mailto:[email protected]]
Sent: Wednesday, January 17, 2001 7:23 AM
To: 'Brent Pahl'; EMC-PSTC
Subject: RE: Beta Shipments
Brent,
I wasn't going to answer this because I don't have my references at
hand, but I see you haven't a response to this point.
The short course is you can't market or accept money prior to
receiving approval. With the DOC process that can be as soon as you get the
data, really.
The more interesting questions is when can you operate the device,
and part 2, I believe, does have several allowances for operating the
equipment ahead of time. All of which still require that the non-compliance
be plainly marked - not stuck in the Marketing folks' jacket at the trade
show for example. But you are allowed to operate on the manufacturing site,
trade shows, and other areas that are under the manufacturers control. A
beta test site, and you have taken no money for the product yet, is in my
opinion one such place. The purpose of Beta sites is to wring out or to
locate the last few bugs and other "hitches in the git-along" for complex
equipment.
You have to notify the customer that it is not yet approved and that
it will be before it is actually sold to them.
Sorry don't have the appropriate paragraphs to point you at for the
movement, but they are easy to find just by looking at the section indices -
again it has to be either part 2 or part 15.
If you run into a real grind give me a call and I'll try and get the
actual paragraphs into your hands.
Gary
-----Original Message-----
From: Brent Pahl [mailto:[email protected]]
Sent: Tuesday, January 16, 2001 11:26 AM
To: EMC-PSTC
Subject: Beta Shipments
I am researching the stipulations for the shipping of Beta versions of ITE
type equipment that is not yet compliant with the EU or FCC requirements. I
hope I won't need to use this information, but just in case, I would like to
know what my options are. Any help in these two arenas (i.e. Europe and US)
would be much appreciated.
Thanks,
Brent Pahl
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