FCC 2.909 Revised as of December 4, 2012
Goto Year:2011 |
§ 2.909 Responsible party.
The following parties are responsible for the compliance of radio
frequency equipment with the applicable standards:
(a) In the case of equipment which requires the issuance by the
Commission of a grant of equipment authorization, the party to whom
that grant of authorization is issued (the grantee) If the radio
frequency equipment is modified by any party other than the grantee and
that party is not working under the authorization of the grantee
pursuant to § 2.929(b), the party performing the modification is
responsible for compliance of the product with the applicable
administrative and technical provisions in this chapter.
(b) In the case of equipment subject to authorization under the
verification procedure, the manufacturer or, in the case of imported
equipment, the importer. If subsequent to manufacture and importation,
the radio frequency equipment is modified by any party not working
under the authority of the responsible party, the party performing the
modification becomes the new responsible party.
(c) In the case of equipment subject to authorization under the
Declaration of Conformity procedure:
(1) The manufacturer or, if the equipment is assembled from individual
component parts and the resulting system is subject to authorization
under a Declaration of Conformity, the assembler.
(2) If the equipment, by itself, is subject to a Declaration of
Conformity and that equipment is imported, the importer.
(3) Retailers or original equipment manufacturers may enter into an
agreement with the responsible party designated in paragraph (c)(1) or
(c)(2) of this section to assume the responsibilities to ensure
compliance of equipment and become the new responsible party.
(4) If the radio frequency equipment is modified by any party not
working under the authority of the responsible party, the party
performing the modifications, if located within the U.S., or the
importer, if the equipment is imported subsequent to the modifications,
becomes the new responsible party.
(d) If, because of modifications performed subsequent to authorization,
a new party becomes responsible for ensuring that a product complies
with the technical standards and the new party does not obtain a new
equipment authorization, the equipment shall be labelled, following the
specifications in § 2.925(d), with the following: “This product has
been modified by [insert name, address and telephone number of the
party performing the modifications].”
[ 54 FR 17712 , Apr. 25, 1989, as amended at 61 FR 31045 , June 19, 1996;
62 FR 10470 , Mar. 7, 1997; 62 FR 41880 , Aug. 4, 1997]
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Application Procedures for Equipment Authorizations
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