§  2.805   Operation of radio frequency products prior to equipment
authorization.

   (a ) General rule. A radio frequency device may not be operated prior
   to equipment authorization unless the conditions set forth in
   paragraphs (b), (c), (d) or (e), of this section are meet. Radio
   frequency devices operated under these provisions may not be marketed
   (as defined in §  2.803(a)) except as provided elsewhere in this
   chapter. In addition, the provisions of subpart K continue to apply to
   imported radio frequency devices.

   (b) Operation of a radio frequency device prior to equipment
   authorization is permitted under the authority of an experimental radio
   service authorization issued under part 5 of this chapter.

   (c) Operation of a radio frequency device prior to equipment
   authorization is permitted for experimentation or compliance testing of
   a device that is fully contained within an anechoic chamber or a
   Faraday cage.

   (d) For devices designed to operate solely under parts 15, 18, or 95 of
   this chapter without a station license, operation of a radio frequency
   device prior to equipment authorization is permitted under the
   following conditions, so long as devices are either rendered inoperable
   or retrieved at the conclusion of such operation:

   (1) The radio frequency device shall be operated in compliance with
   existing Commission rules, waivers of such rules that are in effect at
   the time of operation, or rules that have been adopted by the
   Commission but that have not yet become effective; and

   (2) The radio frequency device shall be operated for at least one of
   these purposes:

   (i) Demonstrations at a trade show or an exhibition, provided a notice
   containing the wording specified in §  2.803(c)(2)(iii) is displayed in
   a conspicuous location on, or immediately adjacent to, the device; or
   all prospective buyers at the trade show or exhibition are advised in
   writing that the equipment is subject to the FCC rules and that the
   equipment will comply with the appropriate rules before delivery to the
   buyer or to centers of distribution; or

   (ii) Evaluation of performance and determination of customer
   acceptability, during developmental, design, or pre-production states.
   If the device is not operated at the manufacturer's facilities, it must
   be labeled with the wording specified in §  2.803(c)(2)(iii), and in
   the case of an evaluation kit, the wording specified in
   §  2.803(c)(2)(iv)(C).

   (e) Operation of a radio frequency device prior to equipment
   authorization is permitted under either paragraph (e)(1) or (e)(2) of
   this section so long as devices are either rendered inoperable or
   retrieved at the conclusion of such operation:

   (1) The radio frequency device shall be operated in compliance with
   existing Commission rules, waivers of such rules that are in effect at
   the time of operation, or rules that have been adopted by the
   Commission but that have not yet become effective; and

   (i) Under the authority of a service license (only in the bands for
   which that service licensee holds a license) provided that the licensee
   grants permission and the licensee continues to remain responsible for
   complying with all of the operating conditions and requirements
   associated with its license; or

   (ii) Under a grant of special temporary authorization.

   (2) The radio frequency device shall be operated at or below the
   maximum level specified in the table in §  15.209(a) of this chapter
   for at least one of these purposes:

   (i) Demonstrations at a trade show or an exhibition, provided a notice
   containing the wording specified in §  2.803(c)(2)(iii) is displayed in
   a conspicuous location on, or immediately adjacent to, the device; or
   all prospective buyers at the trade show or exhibition are advised in
   writing that the equipment is subject to the FCC rules and that the
   equipment will comply with the appropriate rules before delivery to the
   buyer or to centers of distribution; or

   (ii) Evaluation of performance and determination of customer
   acceptability, during developmental, design, or pre-production states.
   If the device is not operated at the manufacturer's facilities, it must
   be labeled with the wording specified in §  2.803(c)(2)(iii), and in
   the case of an evaluation kit, the wording specified in
   §  2.803(c)(2)(iv)(C).

   [ 78 FR 25162 , Apr. 29, 2013]

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