(Correct me if I'm wrong, I'm quoting the 93 CFR edition, the newer one
should only differ in the new DoC schemeage.)

There are two fundamental concepts in the FCC rules: technical requirements
(testing/marking/certification....), general requirements
(non-interference).  All digital devices are always subject to the general
requirements (non-interference to communications, accepting interference
that may make your product croak).  You have to dig for the exemptions to
the technical requirements, while they do exist I think you're out of luck,
IMO.

1. By the definition of a digital device, if it clocks at 9 kHz or higher
it is subject to the rules, see 15.3(k).  (A train controller might be
clockable at maybe 8.8 kHz with a stable RC timing circuit and therefore
escape this definition, some microcontrollers are designed for RC timing,
check your databook.)
2. Although your product is "home built", you are selling the "darn"
product and therefore the exemption offered by 15.23 does not apply.  Even
if you didn't sell it, it is limited to the "five or less for personal use"
restriction, and you are expected to make an effort, by design, to be
compliant to the technical requirements anway.
3. If (per 15.103h) the product was strictly battery operated, and (if
rechargable) can not operate when connected for recharging, then you can
clock at any rate less than 1.705 MHz without being subject to the
technical requirements.
4. If by some remarkable feat your power requirements did not exceed 6
nanoWatts, you're exempt.

Reference/quotes, edited:

15.23 Home-built devices.
  (a) Equipment authorization is not required for devices that are not
marketed, are not constructed from a kit, and are built in quantities of
five or less for personal use.
  (b) [...] the builder is expected to employ good engineering practices to
meet the specified technical standards to the greatest extent practicable
[...].

15.15 General technical requirments.
  (a) An intentional or unintentional radiator shall [...] in no case shall
the emanations exceed the levels specified in these rules.
  [...]

15.103 Excempted devices.
The following devices are subject to the general conditions of operation in
Sections 15.5 and 15.29 and are exempt from the specific technical
standards and other requirements contained in this Part. [...] strongly
recommended [...] endeavor to [...] meet the specific technical standards
in this Part.
  (a) A digital devices utilized exclusively in any transportation vehicle
including motor vehicles and aircraft.
  (b) A digital device used exclusively as an electronic control or power
system utilized by a public utility or in an industrial plant. [...]
  (c) A digital device used exclusively as industrial, commericial, or
medical test equipment.
  (d) A digital device utilized exclusively in an appliance, e.g.,
microwave oven, dishwasher, clothes dryer [...].
  (f) Digital devices that have a power consumption not exceeding 6 nW.
  (g) Joystick controllers or similar devices [...] only non-digital
circuitry [...] simple circuit to convert the signal [...] (e.g., an
integrated circuit for analog to digital conversion) [...].
  (h) Digital devices in which both the highest frequency generated and the
highest frequency used are less than 1.705 MHz and which do not operate
from the AC power lines [...].
  [...]

The likelyhood of being caught?  It would take a formal complaint of
harmful interference to trigger FCC interest, rare, but they do happen.  If
it happened, then the severity of the fines would likely depend on whether
the FCC engineer was a train enthusiast and had room in his/her basement
for a train set.  :)

This is a curious problem, if you are selling a limited number of a product
(say, to friends in your local model train club) with an intentionally low
profit, you could end up spending it all or more on compliance testing.
Since you are good with your hands you might consider building the FCC's
dipoles yourself and renting an old spectrum analyzer for a day or two for
some down-home testing, at least you'd find out just how bad off you are.

Regards,
Eric Lifsey
National Instruments







"Jon Bertrand" <[email protected]> on 02/20/98 10:13:27 AM

Please respond to "Jon Bertrand" <[email protected]>

To:   [email protected]
cc:    (bcc: Eric Lifsey/AUS/NIC)
Subject:  FCC Questions.






     Hello Everyone,
     A lot of "budding midnight designers" ask these questions on the
     microcontroller newsgroups so I thought I'd ask them here - and learn
     something :)
     (If I've missed some FAQ that covers this please let me know.)
     1)  Say I'm building some microcontroller based widget in my home
     business that runs model trains (or whatever).  It's not an intential
     transmitter, its typically used in the home.  And I want to sell them.
     Do I need some FCC approval.
     Specifically do I need to:
     1.a)  Spend money having someone test emissions.
     1.b)  File some paperwork with the FCC.
     2)  If I don't have the money for testing - but I really do know how
     to keep my microcontroller quiet (i.e I know loop area, di/dt, and
     maybe even have done lots of other 'approved' products)  - and a
     little in-home testing shows it doesn't bother the rabbit ears or
     show-up on the AM or FM radio.  Would I be in violation of some law if
     I just sold the darn thing.
     2.a)  Would I be in violation if it really was quiet to CISPR (i.e.
     would have passed).  (i.e. is there now a CE mark like compliance that
     lets me self declare and assert who's responsible).
     3)  How does the FCC verify that I don't pollute the EM band - do they
     random sample train widgets or wait for someone to complain.
     Thanks,
     Jon Bertrand
     [email protected]






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