FCC OKs 4-0 Revised Gear Authorization Rules
FCC commissioners approved 4-0 Thursday revised RF device marketing and importation rules aimed at shortening the time for developing and releasing new wireless devices, as expected (see 2106150074). CTA sought the revised rules last year.
The FCC added language in response to requests by CTA and Garmin, Office of Engineering and Technology acting Chief Ron Repasi told reporters. The wording on refunds was also tweaked, he said. “There’s some points added with respect to tightening up the disclosures and the language that would be included … to include the availability of refunds and what the policy would be.”
The record shows “that while the marketplace has evolved, our rules have not kept up,” said acting Chairwoman Jessica Rosenworcel. “New sales models and assessment tools have emerged that rely on individual interest to fund products, optimize production, and match imports to anticipated sales,” she said: “In these situations, our well-intentioned rules actually act as a barrier to innovation.”
The order “not only removes obstacles for small businesses and startups, but also encourages innovative new devices and applications,” said Commissioner Geoffrey Starks. “Although we are facilitating the process of getting new devices to consumers, we are preserving strong protections against any potential harm to consumers.” The order is a “common-sense item” that will have “real and practical payoff,” said Commissioner Brendan Carr.
“As Americans rapidly shifted to working, learning and receiving medical care online during the pandemic, the need for 5G and other next-generation devices became even more important,” said CTA President Gary Shapiro. “CTA members are racing to meet the consumer demand for these connected devices, and these new rules will allow companies to get essential products into consumers’ hands faster.”
“The new rules will give innovators more flexibility to engage in crowdfunding and other popular marketing campaigns and, in specific cases, to import devices still under equipment authorization review,” the FCC said: “These changes will help consumers more quickly access must-have devices that meet the FCC’s stringent authorization requirements.” CTIA Senior Vice President-Regulatory Affairs Scott Bergmann said, “By updating these outdated rules, the FCC is removing unnecessary restrictions to better meet these expectations while ensuring proper safeguards remain.”
The FCC declined to adopt proposals by CTA and Garmin on temporary labels for RF devices. “CTA requested clarification on the interaction between temporary labeling and e-labeling requirements and Garmin requested clarification on temporary labeling for bulk devices sealed in shipping containers or wrapping,” said the order, posted by the FCC late Thursday. “We believe that the temporary label rules we adopt here are a necessary safeguard against the transfer of devices to consumers in advance of completing equipment authorization,” the order says: “Because we believe the rules we adopt today are sufficiently clear and balance flexibility for manufacturers with the important goals of the equipment authorization process, we decline to adopt here the further clarifications sought by Garmin and CTA.” A side-by-side comparison didn’t reveal other significant changes over the draft.