In its July Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) adopted new rules in a Report and Order (“R&O”) to allow a more flexible, streamlined approach for certain radar operations in the 76-81 GHz band. The R&O modifies the applicable rules to increase access for enhanced safety vehicular, fixed, and mobile radar applications to all of the contiguous spectrum in the 76-81 GHz band.

Continue Reading July 2017 FCC Meeting Recap: FCC Approves Expanded Rules for Radar Services in the 76-81 GHz Band and Plans to Phase Out Other Vehicular Radar Operations

On August 6, 2015, a summary of the Federal Communications Commission’s (“FCC’s”) Notice of Proposed Rulemaking (“NPRM”) proposing changes to further streamline the FCC’s equipment authorizations procedures was published in the Federal Register.   The NPRM seeks comment on several proposals to update and modify the rules governing the procedures Radiofrequency (“RF”) devices must satisfy

iStock_000036215158LargeLast week, the Federal Communications Commission (“Commission”) released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on several proposals to update and modify the rules governing the procedures Radiofrequency (“RF”) devices must satisfy prior to being marketed.  Comments are due September 8, 2015 and reply comments are due September 21, 2015.

Continue Reading FCC Proposing to Further Streamline Equipment Authorizations

In an earlier blog post, we reported on the Federal Communications Commission’s December 30, 2014, decision to expand the role of Telecommunications Certifications Bodies (“TCBs”), requiring them to process all applications for transmitters and other equipment subject to the certification procedure.  The FCC’s Order was recently published in the Federal Register, establishing the effective

Just before the New Year, the Commission released revised equipment authorization rules providing that Telecommunications Certifications Bodies (“TCBs”) will soon process and grant all applications for certification.  As set forth in the Report and Order released December 30, 2014, although the Office of Engineering and Technology (“OET”) of the Federal Communications Commission (“FCC”) will cease accepting and granting applications for Certification upon the rules’ effective date, OET will still administer pre-approval guidance pursuant to codification of its “permit but ask” procedures. Those procedures will be extended to all RF devices currently on OET’s exclusion list which has reserved a changing list of device types for Commission-only certification.  Under the pre-approval guidance process, OET will continue to exercise oversight by identifying the types of devices for which a TCB will be required to consult with OET before the TCB can issue a grant of certification.  Future changes to the list of devices subject to the pre-approval guidance will be made via Commission/OET decision documents and OET’s Knowledge Database, in much the same way as the periodically changing exclusion list has been maintained to date.  In this way, the FCC intends to preserve its control over the authorization of devices with a greater potential for causing harmful interference while facilitating a greater responsibility for TCBs.

Continue Reading FCC Expands Role of Telecommunications Certification Bodies in Equipment Authorization Regime

On October 24, the FCC Laboratory published a number of new and updated documents through its Knowledge Database (“KDB”) that liberalize further the equipment authorization process for a number of product types, including Software Defined Radios (“SDRs”).  That same day, the Lab released numerous other KDB publications providing guidance regarding both its RF exposure test procedures applicable to cellphones, smartphones, laptops, tablets, and other categories of devices, and the Commission’s “Permit But Ask” (“PBA”) procedures, which enable telecommunications certification bodies (“TCBs”) to test equipment for compliance with RF emissions limits even though the Commission has issued only partial guidance or where a certain amount of FCC oversight is still considered necessary.  Together, these changes are designed to allow a broader range of consumer devices subject to equipment authorization requirements prior to their being offered for sale, imported, or otherwise marketed to reach the marketplace quickly by allowing importers, manufacturers, and service providers to get them certificated more rapidly than in the past through the TCB process.

This wave of KDB publications, which are effective immediately subject to certain conditions in some cases, comes only one week after the FCC announced that a draft Notice of Proposed Rulemaking (“NPRM”) is on circulation among the Commissioners that would consider (a) codification of and refinements to the FCC’s permit-but-ask (“PBA”) procedure, (b) further articulating the post-grant obligations of TCBs, (c) requiring labs that manufacturers and importers use to test radiofrequency equipment to be accredited, and (d) officially recognizing the latest industry testing standards.  The text of the NPRM is not yet available and it is uncertain when the Commission will adopt the NPRM, which it is expected to do.


Continue Reading FCC Lab Offers Major New Guidance on Equipment Authorization and RF Exposure Evaluation Procedures and Announces Notice of Proposed Rulemaking on Circulation at the Commission