§  2.1073   Responsibilities.

   (a) The responsible party, as defined in §  2.909, must warrant that
   each unit of equipment marketed under a Declaration of Conformity is
   identical to the unit tested and found acceptable with the standards
   and that the records maintained by the responsible party continue to
   reflect the equipment being produced under the Declaration of
   Conformity within the variation that can be expected due to quantity
   production and testing on a statistical basis.

   (b) The responsible party, if different from the manufacturer, may upon
   receiving a written statement from the manufacturer that the equipment
   complies with the appropriate technical standards rely on the
   manufacturer or independent testing agency to determine compliance.
   However, the test records required by §  2.1075 shall be in the English
   language and shall be made available to the Commission upon a
   reasonable request in accordance with the provisions of §  2.1076.

   (c) In the case of transfer of control of the equipment, as in the case
   of sale or merger of the responsible party, the new responsible party
   shall bear the responsibility of continued compliance of the equipment.

   (d) Equipment shall be retested to demonstrate continued compliance
   with the applicable technical standards if any modifications or changes
   that could adversely affect the emanation characteristics of the
   equipment are made by the responsible party. The responsible party
   bears responsibility for the continued compliance of subsequently
   produced equipment.

   (e) If any modifications or changes are made by anyone other than the
   responsible party for the Declaration of Conformity, the party making
   the modifications or changes, if located within the U.S., becomes the
   new responsible party. The new responsible party must comply with all
   provisions for the Declaration of Conformity, including having test
   data on file demonstrating that the product continues to comply with
   all of the applicable technical standards.

   [ 61 FR 31046 , June 19, 1996]

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