Equipment authorization, also known as “homologation,” is critically important to any manufacturer or importer wishing to market telecom equipment in the United States. The U.S. Federal Communications Commission (FCC) is responsible for authorizing radio electronic equipment for use in the United States. Manufacturers or importers of these devices must receive FCC authorization before marketing any such equipment so as to minimize harmful radiofrequency interference.
Fortunately, the equipment authorization process largely has been privatized. The FCC allows third-party labs, called Telecommunications Certification Bodies (TCB), to certify the conformity of equipment to FCC regulations. And while TCBs are authorized to test and certify equipment, they do not do so exclusively, as the FCC has retained this function as well, giving applicants the option of seeking equipment certifications through the FCC or the TCBs.
Three distinct procedures for certifying equipment are available — verification, declaration of conformity, and certification — depending on the type of equipment and frequencies sought.
Verification
Verification is the simplest of the three procedures for obtaining equipment authorizations. Not all RF equipment is created equal. Unintentional radiators such as television sets and receive-only digital equipment can get FCC authorization through the verification process. In this process, the manufacturer performs tests of the equipment on its own to verify that the equipment complies with FCC regulations. In essence, this is a form of self-approval in which the manufacturer simply verifies compliance with FCC regulations.
Declaration of Conformity
In a Declaration of Conformity (DoC), the manufacturer outsources equipment testing to an accredited laboratory which returns test results that the manufacturer can use to declare its conformity to FCC regulations. DoC is another form of self-approval with the added requirement that the lab is accredited by an approved accreditation organization, such as the American Association of Laboratory Accreditation. The DoC process largely is used for computing equipment such as computers and computer peripherals.
Certification
Certification is the most time-consuming process of the three. It is used for most intentional radiators, such as cordless telephones and garage door openers. Any transmitting microwave equipment used in satellite communications must be authorized under the certification process. The main distinction between DoC and certification is that in certification, laboratory tests must be conducted by TCBs or the FCC. In practice, TCBs sometimes use subcontractors to perform tests. This is permitted, however, the TCB remains ultimately responsible for the integrity of test results.
Telecommunications Certification Bodies
The FCC implemented the TCB third-party concept in the year 2000 to increase the turnaround time of applications by providing many possible labs, national and international, that applicants could use. Also, since TCBs compete with each other, prices tend to stay reasonable. The FCC designates a laboratory to act as a TCB only after it meets the so-called Guide 65, which is a standard put forth by the International Organization for Standardization/International Electromechanical Commission. The introduction of TCBs qualified by international bodies also has helped in reciprocity agreements between the FCC and bodies like the European Commission.
Failure to Comply
When unauthorized equipment is sold or marketed, the FCC has authority to issue fines up to $11,000 for each day of a continuing violation up to a maximum of $97,500 for any single violation. The FCC may then adjust fines up or down depending on the circumstances. For example, a manufacturer that marketed unauthorized equipment but disclosed the fact to the FCC and has a history of compliance may get the fine lowered. On the other hand, a manufacturer with a poor history of compliance that knowingly sold unauthorized equipment at large profits may be hit with a larger fine.
Even though end-users are not required to get a license to operate most unintentional and low-power radiators, manufacturers must obtain FCC authorizations to manufacture, market and sell this equipment. FCC authorizations range from self-approval verifications and declarations of conformity to complex certifications. It is important to ensure that any equipment imported into the United States has received FCC authorization.
Raul Magallanes runs a Houston-based law firm focusing on telecommunications law.
He may be reached at +1 (281) 317-1397 or by email at raul@ rmtelecomlaw.com.
