§ 2.945   Submission of equipment for testing and equipment records.

   (a)  Prior to certification. (1) The Commission or a Telecommunication
   Certification Body (TCB) may require an applicant for certification to
   submit  one  or  more sample units for measurement at the Commission's
   laboratory or the TCB.

   (2) If the applicant fails to provide a sample of the equipment, the TCB may
   dismiss the application without prejudice.

   (3) In the event the applicant believes that shipment of the sample to the
   Commission's laboratory or the TCB is impractical because of the size or
   weight of the equipment, or the power requirement, or for any other reason,
   the  applicant  may  submit a written explanation why such shipment is
   impractical and should not be required.

   (4) The Commission may take administrative sanctions against a grantee of
   certification that fails to respond within 21 days to a Commission or TCB
   request for an equipment sample, such as suspending action on applications
   for equipment authorization submitted by that party while the matter is
   being  resolved.  The  Commission may consider extensions of time upon
   submission of a showing of good cause.

   (b) Subsequent to equipment authorization. (1) The Commission may request
   that the responsible party or any other party marketing equipment subject to
   this chapter submit a sample of the equipment, or provide a voucher for the
   equipment to be obtained from the marketplace, to determine the extent to
   which production of such equipment continues to comply with the data filed
   by the applicant or on file with the responsible party for equipment subject
   to verification or Declaration of Conformity. The Commission may request
   that  a  sample or voucher to obtain a product from the marketplace be
   submitted  to  the  Commission, or in the case of equipment subject to
   certification, to the TCB that certified the equipment.

   (2) A TCB may request samples of equipment that it has certified from the
   grantee of certification, or request a voucher to obtain a product from the
   marketplace, for the purpose of performing post-market surveillance as
   described in § 2.962. TCBs must document their sample requests to show the
   date they were sent and provide this documentation to the Commission upon
   request.

   (3) The cost of shipping the equipment to the Commission's laboratory and
   back to the party submitting the equipment shall be borne by the party from
   which the Commission requested the equipment.

   (4)  In  the event a party believes that shipment of the sample to the
   Commission's laboratory or the TCB is impractical because of the size or
   weight of the equipment, or the power requirement, or for any other reason,
   that party may submit a written explanation why such shipment is impractical
   and should not be required.

   (5)  Failure of a responsible party or other party marketing equipment
   subject to this chapter to comply with a request from the Commission or TCB
   for equipment samples or vouchers within 21 days may be cause for actions
   such  as  such  as suspending action on applications for certification
   submitted by a grantee or forfeitures pursuant to § 1.80 of this chapter. The
   Commission or TCB requesting the sample may consider extensions of time upon
   submission of a showing of good cause.

   (c) Submission of records. Upon request by the Commission, each responsible
   party shall submit copies of the records required by § § 2.938, 2.955, and
   2.1075 to the Commission. Failure of a responsible party or other party
   marketing equipment subject to this chapter to comply with a request from
   the Commission for records within 21 days may be cause for forfeiture,
   pursuant to § 1.80 of this chapter. The Commission may consider extensions of
   time upon submission of a showing of good cause.

   (d) Inspection by the Commission. Upon request by the Commission, each
   responsible  party  shall  make its manufacturing plant and facilities
   available for inspection.

   [ 80 FR 33442 , June 12, 2015]

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