§ 2.803   Marketing of radio frequency devices prior to equipment authorization.

   (a) Marketing, as used in this section, includes sale or lease, or offering
   for sale or lease, including advertising for sale or lease, or importation,
   shipment, or distribution for the purpose of selling or leasing or offering
   for sale or lease.

   (b) General rule. No person may market a radio frequency device unless:

   (1) For devices subject to authorization under certification, the device has
   been authorized in accordance with the rules in subpart J of this chapter
   and is properly identified and labeled as required by § 2.925 and other
   relevant sections in this chapter; or

   (2) For devices subject to authorization under verification or Declaration
   of Conformity in accordance with the rules in subpart J of this chapter, the
   device complies with all applicable technical, labeling, identification and
   administrative requirements; or

   (3) For devices that do not require a grant of equipment authorization under
   subpart J of this chapter but must comply with the specified technical
   standards prior to use, the device complies with all applicable, technical,
   labeling, identification and administrative requirements.

   (c) Exceptions. The following marketing activities are permitted prior to
   equipment authorization:

   (1) Activities under market trials conducted pursuant to subpart H of part
   5.

   (2) Limited marketing is permitted, as described in the following text, for
   devices  that  could  be  authorized under the current rules; could be
   authorized under waivers of such rules that are in effect at the time of
   marketing; or could be authorized under rules that have been adopted by the
   Commission but that have not yet become effective. These devices may not be
   operated unless permitted by § 2.805.

   (i) Conditional sales contracts (including agreements to produce new devices
   manufactured in accordance with designated specifications) are permitted
   between manufacturers and wholesalers or retailers provided that delivery is
   made contingent upon compliance with the applicable equipment authorization
   and technical requirements.

   (ii) A radio frequency device that is in the conceptual, developmental,
   design or pre-production stage may be offered for sale solely to business,
   commercial, industrial, scientific or medical users (but not an offer for
   sale to other parties or to end users located in a residential environment)
   if the prospective buyer is advised in writing at the time of the offer for
   sale 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.

   (iii) (A) A radio frequency device may be advertised or displayed, (e.g., at
   a  trade  show  or  exhibition) if accompanied by a conspicuous notice
   containing this language:

   This device has not been authorized as required by the rules of the Federal
   Communications Commission. This device is not, and may not be, offered for
   sale or lease, or sold or leased, until authorization is obtained.

   (B) If the device being displayed is a prototype of a device that has been
   properly authorized and the prototype, itself, is not authorized due to
   differences between the prototype and the authorized device, this language
   may be used instead: Prototype. Not for Sale.

   (iv) An evaluation kit as defined in § 2.1 may be sold provided that:

   (A) Sales are limited to product developers, software developers, and system
   integrators;

   (B) The following notice is included with the kit:

   FCC NOTICE: This kit is designed to allow:

   (1) Product developers to evaluate electronic components, circuitry, or
   software associated with the kit to determine whether to incorporate such
   items in a finished product and

   (2) Software developers to write software applications for use with the end
   product. This kit is not a finished product and when assembled may not be
   resold  or  otherwise  marketed  unless  all  required  FCC  equipment
   authorizations are first obtained. Operation is subject to the condition
   that this product not cause harmful interference to licensed radio stations
   and that this product accept harmful interference. Unless the assembled kit
   is designed to operate under part 15, part 18 or part 95 of this chapter,
   the operator of the kit must operate under the authority of an FCC license
   holder or must secure an experimental authorization under part 5 of this
   chapter.

   (C) The kit is labeled with the following legend: For evaluation only; not
   FCC approved for resale; and

   (D) Any radiofrequency transmitter employed as part of an evaluation kit
   shall  be  designed to comply with all applicable FCC technical rules,
   including frequency use, spurious and out-of-band emission limits, and
   maximum power or field strength ratings applicable to final products that
   would employ the components or circuitry to be evaluated.

   (d) Importation. The provisions of subpart K of this part continue to apply
   to imported radio frequency devices.

   [ 78 FR 25161 , Apr. 29, 2013, as amended at  79 FR 48691 , Aug. 18, 2014;  80 FR 52414 , Aug. 31, 2015]

   return arrow Back to Top