Electronic Device Retailers FCC Issues Warning

February 15, 2019, the Federal Communication Commission issued an enforcement advisory warning electronic device retailers, yes, those selling devices not just making them, of potential fines if devices are in violation of the applicable FCC authorization requirements. Fines could total more than $150,000 per violation.

This is of significant importance as many retailers and distributors assume that the device manufacturer shoulders the burden for regulatory compliance, and accepts that if a product manufacturer claims compliance then that is all that is required, often retailers and distributors are unaware of the authorization requirements but this advisory opens the door for retailers and distributors to face penalties if the products are not in compliance with the required FCC authorization methods found under part 15 of Title 47 Code of Federal Regulations.

Specifically, this advisory is addressing those products that fall under the "Suppliers Declaration of Conformity" or SDoC authorization rules. A non-exhaustive list of examples of the types of products covered can be found in C.F.R. 47 §15.101(a) and §18.203.

For a basic guide and to understand what the SDoC authorization encompasses, please visit https://celectronics.com/training/learning/authorization/FCC-SDoC-Guide.html

REF:
https://docs.fcc.gov/public/attachments/DA-19-91A1.pdf

4 important FCC authorization rule changes

Significant changes to FCC equipment authorization rules has been in the works for some time. A Notice of Proposed Rule Making (NPRM) in 2015 included proposals to update and streamline the authorization process. The First Report and Order (FCC 17-93) was adopted on July 13, 2017 and is expected to go into effect on November 2, 2017 by publication in the Federal Register. This publication date also marks the date for the opening of the period for reconsideration.

This First Report and Order (See ET Docket No. 15-170) is lengthy and contains a significant number of changes, a summary of four is provided to address the main topics.

• Adds Self Declaration procedure (SDoC) combining Verification and DoC into one.
• Extend E-Labeling to both SDoC and Certification.
• Eliminates customs FCC Form 740.
• Updates measurement procedures.

The Verification and Declaration of Conformity have been combined into an SDoC procedure. Testing can be performed at any lab capable of performing the tests and does not require accreditation. The product labeling and information to the user requirements have changed and a compliance information statement shall be supplied with each product. The responsible party under the SDoC MUST be located within the United States. This change also allows the responsible party, if desired, to apply for certification for any device subject to the SDoC rules.

E-Labeling has been extended for those devices equipped with a display, or can only operate in conjunction with another device equipped with a display, to provide the FCC ID, warning statements, and compliance statements in a "hardened factory non-alterable" format accessible to the user no more than three steps from the devices setting menu.

An FCC Form 740 is no longer required on importation. Originally intended to aid the FCC and CBP in preventing improperly authorized devices from entry into the United States and serve as an attestation of compliance. The usefulness of this form is questionable and the burden on the importation process significant. Section 2.931 now extends responsibilities previously only applied to parties of certified devices, to the responsible party under an SDoC.

Updates covering measurement procedures include direct reference and a link to the Commission's Knowledge Database within part 2 (§ 2.947 Measurement procedure). Composite systems and measurement procedures are now detailed in part 2.947. ANSI C63.26:2015 for Licensed Radio Services is now codified.

The authorization requirements provide for a one year transition for mandatory compliance starting from the date of publication in the Federal Register. Until that time, either the new or the old authorization rules can be applied.

A Second Report and Order is anticipated that will include updates to the certification requirements for devices assembled from modular components; specify requirements that apply to responsible parties for different types of certified equipment; add provisions to prevent unauthorized modification of software and firmware effecting compliance with FCC rules; address the number of devices that can be imported for personal use.

REF:
ET Docket No. 15-170
Review of the Commission’s Equipment Authorization Proceedings - TCBc Training Nov. 1 2017

5 Questions on the new Radio Equipment Directive 2014/53/EU (RED)

Coming into force on June 13, 2016, and half way through the transition period, the Radio Equipment Directive (RED) 2014/53/EU replaces the Radio and Telecommunications Terminal Equipment Directive (R&TTED)  1995/5/EC and over the past few months I've received numerous questions regarding the transition to the new directive. This isn't an all inclusive list or a full transition guide, far from it, I recommend that you consult a RED Notified Body with your specific needs for that. 

Here are the 5 most common questions I receive.

"Do I need to apply the new directive immediately?"

No, the RED came into force on June 13th 2016, however, article 48 gives a transitional provision accepting the old directive for radio equipment covered by the RED until June 12, 2017. That is to say you must apply the RED to covered radio equipment on or after June 13th 2017.

"Should I start testing to the new directive now?"

I get this a lot, and it's a very common misconception. One does not simply "test" to a Directive, you declare compliance to the Directive. 

The directive contains the essential requirements of compliance, among other laws, governing the "making available on the market" of Radio Equipment. Testing is one method for demonstrating compliance with the essential requirements, but the actual test methods are found outside the directive, referred to as "Harmonised Standards" under the directive. 

While in order to use a "Harmonised Standard" for presumption of conformity, it must be published with reference to the RED in the Official Journal, the new directive doesn't change harmonized standards, but it may impose new "essential" requirements that could impact your testing.

"Can I start "declaring" compliance to the new directive?"

Probably not. Article 17 of the RED describes the conformity assessment procedures. There are three annexes describing the available methods. (Annex II Internal Product Control) (Annex III EU-type examination) and (Annex IV Full Quality Assurance).

By far Internal Production Control is the most commonly used conformity assessment method and it's the only method that does not require 3rd party involvement of a Notified Body, but in order to apply Annex II, you must test in full to published harmonized standards. The problem is that the list of harmonized standards published under the new RED is small compared to the R&TTE. Chances are at the moment the particular harmonized standard previously applied has not been adapted and referenced to the RED, but the list is growing. See https://celectronics.com/certification/europe/ for links to the published harmonized standards.

Another issue here is that there is a change, however so slightly, in the requirements from the R&TTE article 3.2. This small change adds a new requirement to be assessed, and that is that the Radio Equipment "supports the efficient use of radio spectrum". New technical standards will need to incorporate this requirement.

"If I can't test in full to published harmonized standards, is there a method to comply with the RED now?"

Yes, there are a couple as mentioned above, Annex III EU-Type examination and Annex IV Full Quality Assurance. Of the two, EU type examination would generally be the most practical for most organisations that don't have the ability or wish to submit to a full quality assurance assessment or the continued surveillance required of that system.

EU-Type examination is a method by which the manufacturer submits an application to a "single" Notified Body of their choice. The Notified Body will review the technical design and verify the equipment complies with the essential requirements of the RED and if so issue an EU-Type examination certificate. This would be combined with the manufacturer's own assessment and the Declaration of Conformity (which will include the Notified Body number). The manufacturer would then affix the CE mark to the equipment (without including the Notified Body number)

 “If I test to the current harmonized standards for the R&TTE and write my declaration to the R&TTE now, what do I need to do June 13th, 2017?”

On or after June 13th 2017, all equipment that falls within the scope of the RED must be assessed to be in compliance with the RED prior to placing on the market in the European Union. This does not apply to equipment already on the market (sold or in the EU), only new shipments being placed on the market. The declaration of conformity must follow the new Model Structure and the manufacturer shall also establish the required technical documentation described in Article 21 of the RED. Also note that in addition to the technical test report the manufacturer is required to provide a risk assessment within their technical documentation.

FCC Proposing significant changes

The Federal Communications Commission has release a Notice of Proposed Rulemaking that proposes several broad changes to the Commission’s rules governing the authorization of radiofrequency equipment.

The common theme throughout the recent proposed changes is an effort to update the current rules in light of the state-of-the art surrounding current trends in the development and use of radiofrequency equipment today, and, going forward into the future.

The 89 page proposal outlines several changes as follows;

•  Combine two separate product approval programs – Declaration of Conformity and verification into one product self-approval program
• Codify and clarify the provisions for certification of modular transmitters – including those in products used for our licensed radio services – and for radios where the RF parameters are controlled by software;
• Clarify responsibilities for compliance when a final product may be comprised of one or more certified modular transmitters;
• Codify existing practices that protect the confidentiality of market-sensitive information;
•  Codify and expand existing guidance for electronic labeling;
•  Eliminate unnecessary or duplicative rules and consolidate rules from various specific rule parts into the equipment authorization rules in Part 2; and
• Discontinue the requirement that importers file FCC Form 740 with Customs and Border Protection for RF devices that are imported into the United States.

As of this posting date the proposal is open to comment. For more information or to submit your comments, visit http://apps.fcc.gov/ecfs/comment/view?id=60001094487

Ref:

https://www.fcc.gov/document/equipment-authorization-e-labeling