Sec. 2.1043 Changes in certificated equipment.
(a) Changes to the basic frequency determining and stabilizing
circuitry (including clock or data rates), frequency multiplication
stages, basic modulator circuit or maximum power or field strength
ratings shall not be performed without application for and authorization
of a new grant of certification. Variations in electrical or mechanical
construction, other than these indicated items, are permitted provided
the variations either do not affect the characteristics required to be
reported to the Commission or the variations are made in compliance with
the other provisions of this section.
(b) Two classes of permissive changes may be made in certificated
equipment without requiring a new application for and grant of
certification. Neither class of change shall result in a change in
identification.
(1) A Class I permissive change includes those modifications in the
equipment which do not degrade the
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characteristics reported by the manufacturer and accepted by the
Commission when certification is granted. No filing with the Commission
is required for a Class I permissive change.
(2) A Class II permissive change includes those modifications which
degrade the performance characteristics as reported to the Commission at
the time of the initial certification. Such degraded performance must
still meet the minimum requirements of the applicable rules. When a
Class II permissive change is made by the grantee, he shall supply the
Commission with complete information and the results of tests of the
characteristics affected by such change. The modified equipment shall
not be marketed under the existing grant of certification prior to
acknowledgement by the Commission that the change is acceptable.
(3) Permissive changes, as detailed above, shall be made only by the
holder of the grant of certification. Changes by any party other than
the grantee require a new application for and grant of certification.
(c) A grantee desiring to make a change other than a permissive
change shall file an application on FCC Form 731 accompanied by the
required fees. The grantee shall attach a description of the change(s)
to be made and a statement indicating whether the change(s) will be made
in all units (including previous production) or will be made only in
those units produced after the change is authorized.
(d) A modification which results in a change in the identification
with or without change in circuitry requires a new application for, and
grant of certification. If the changes affect the characteristics
required to be reported, a complete application shall be filed. If the
characteristics required to be reported are not changed the abbreviated
procedure of Sec. 2.933 may be used.
[ 39 FR 27803 , Aug. 1, 1974, as amended at 41 FR 19948 , May 14, 1976; 54 FR 1699 , Jan. 17, 1989; 54 FR 17714 , Apr. 25, 1989; 54 FR 32339 , Aug. 7,
1989]
Filing for Application Reference
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