§ 2.805   Operation of radio frequency devices 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, as amended at  79 FR 48691 , Aug. 18, 2014]

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