§ 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,  relies 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 § 2.945.

   (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, as amended at  80 FR 33446 , June 12, 2015]

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