§ 5.602   Market trials.

   Unless otherwise stated in the instrument of authorization, experimental
   radio licenses granted for the purpose of market trials pursuant to § 5.3(k)
   are subject to the following conditions:

   (a)  Marketing  of  devices (as defined in § 2.803 of this chapter) and
   provision of services for hire is permitted before the radio frequency
   device has been authorized by the Commission, subject to the ownership
   provisions in paragraph (d) of this section and provided that the device
   will 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.

   (b) The operation of all radio frequency devices that are included in a
   market trial must be authorized under this rule section, including those
   devices that are designed to operate under parts 15, 18, or 95 of this
   chapter.

   (c) If more than one entity will be responsible for conducting the same
   market trial e.g., manufacturer and service provider, each entity will be
   authorized  under  a  separate  license.  If more than one licensee is
   authorized, the licensees or the Commission shall designate one as the
   responsible party for the trial.

   (d) All transmitting and/or receiving equipment used in the study shall be
   owned by the experimental licensees. Marketing of devices is only permitted
   as follows:

   (1) The licensees may sell equipment to each other, e.g., manufacturer to
   service provider,

   (2) The licensees may lease equipment to trial participants for purposes of
   the study, and

   (3) The number of devices to be marketed shall be the minimum quantity of
   devices necessary to conduct the market trial as approved by the Commission.

   (e) Licensees are required to ensure that trial devices are either rendered
   inoperable or retrieved by them from trial participants at the conclusion of
   the trial. Licensees are required to notify trial participants in advance
   that operation of the trial device is subject to this condition.

   (f) The size and scope of the experiment are subject to limitations as the
   Commission  shall establish on a case-by-case basis. If the Commission
   subsequently determines that a market trial is not so limited, the trial
   shall be immediately terminated.

   (g) Broadcast experimental station applicants and licensees must also meet
   the requirements of § 5.205.

   Effective Date Note: At  78 FR 25162 , Apr. 29, 2013, § 5.602 was added. This
   section contains information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.

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