§ 74.851   Certification of equipment; prohibition on manufacture, import, sale,
lease, offer for sale or lease, or shipment of devices that operate in the 700
MHz Band; labeling for 700 MHz band equipment destined for non-U.S. markets;
disclosure for the core TV bands.

   (a) Applications for new low power auxiliary stations will not be accepted
   unless the transmitting equipment specified therein has been certificated
   for use pursuant to provisions of this subpart.

   (b) Any manufacturer of a transmitter to be used in this service may apply
   for certification for such transmitter following the certification procedure
   set forth in part 2 of the Commission's Rules and Regulations. Attention is
   also directed to part 1 of the Commission's Rules and Regulations which
   specifies the fees required when filing an application for certification.

   (c)  An applicant for a low power auxiliary station may also apply for
   certification for an individual transmitter by following the certification
   procedure set forth in part 2 of the Commission's Rules and Regulations. The
   application for certification must be accompanied by the proper fees as
   prescribed in part 1 of the Commission's Rules and Regulations.

   (d) Low power auxiliary station equipment authorized to be used pursuant to
   an application accepted for filing prior to December 1, 1977 may continue to
   be used by the licensee or its successors or assignees: Provided, however,
   If  operation of such equipment causes harmful interference due to its
   failure to comply with the technical standards set forth in this subpart,
   the Commission may, at its discretion, require the licensee to take such
   corrective action as is necessary to eliminate the interference.

   (e) Each instrument of authority which permits operation of a low power
   auxiliary station using equipment which has not been certificated will
   specify  the  particular  transmitting equipment which the licensee is
   authorized to use.

   (f)  All  transmitters  marketed  for  use under this subpart shall be
   certificated by the Federal Communications Commission for this purpose.
   (Refer to subpart I of part 2 of the Commission's rules and regulations.)

   (g) No person shall manufacture, import, sell, lease, offer for sale or
   lease, or ship low power auxiliary stations that are capable of operating in
   the 700 MHz band (698-806 MHz). This prohibition does not apply to devices
   manufactured solely for export.

   (h) Any person who manufactures, sells, leases, or offers for sale or lease
   low power auxiliary stations, including wireless microphones, that are
   destined for non-U.S. markets and that are capable of operating in the 700
   MHz band shall include labeling and make clear in all sales, marketing, and
   packaging materials, including online materials, relating to such devices
   that the devices cannot be operated in the U.S.

   (i) Any person, whether such person is a wholesaler or a retailer, who
   manufactures, sells, leases, or offers for sale or lease low power auxiliary
   stations that operate in the core TV bands (channels 2-51, excluding channel
   37) is subject to the disclosure requirements in § 15.216 of this chapter.

   (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

   [ 42 FR 14729 , Mar. 16, 1977, as amended at  42 FR 43637 , Aug. 22, 1977;  43 FR 13576 , Mar. 31, 1978;  63 FR 36605 , July 7, 1998;  75 FR 3639 , Jan. 22, 2010]

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