§  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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