USA: FCC update on radio/EMC – local representative is required

Valid without transition period

A new Federal Communications Commission (FCC) Notice (FCC 22-84, see link below) was published on February 6, 2023 and declared applicable immediately (with the same date). The legal text Title 47 Telecommunication of the CFR has been amended at various points at the same time.

These changes affect the procedure for licensing, so only the Title 47 CFR Part 2 sections in various paragraphs §2.901 through §2.1072 and §15.103 have been changed.

These changes mean: No technical changes!

In the main the USA would like to achieve with the changes that products of manufacturers (e.g. China, Russia), which are regarded as not trustworthy in the USA, may not be used.

In short, the products of the companies or products using parts of the companies that are on the Covered List may not use the certification process (§2.907), the SDoC process (§2.906), or the exemptions (§15.103).

For all manufacturers outside the U.S., the principle use of a local representative (local agent) is provided as a "side effect" if the certification procedure (§2.907) is used. The "Telecommunications Certifcation Body" (TCB) is still mandatorily involved. He must confirm the examination according to the "Covered List" and he must have the contact to the "local representative" (local agent).

Excerpt from § 2.911 item 7:

The applicant shall designate an agent located in the United States for the purpose of accepting service of process on behalf of the applicant.

The applicant shall provide a written certification:
(A) Signed by both the applicant and its designated agent for service of process, if different from the applicant;

The local representative shall be included in all applications to FCC or TCB with his contact information. In addition, the manufacturer of a product must always provide a statement that the requirements regarding prohibited products have been met.

All modifications of existing products are also affected by these regulations.

For further details or if you have any questions, please do not hesitate to contact us.


Published on 27.02.2023
Category: Fokus Automotive, Fokus Industry, Fokus Consumer Goods & Retail, Fokus Electrical and Wireless, Compliance

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