§  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]