Unlicensed Devices and Equipment Approval, 28889-28894 [E7-9942]

Download as PDF Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations Street., SW., Washington, DC 20554. The full text of this document also may be purchased from the Commission’s duplication contractor, Best Copy and Printing Inc., Portals II, 445 12th St., SW., Room CY–B402, Washington, DC 20554; telephone (202) 488–5300; fax (202) 488–5563; e-mail FCC@BCPIWEB.COM. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] [FR Doc. E7–9912 Filed 5–22–07; 8:45 am] BILLING CODE 6560–50–S FEDERAL COMMUNICATIONS COMMISSION Summary of the Report and Order 47 CFR Part 15 [ET Docket No. 03–201; FCC 07–56] Unlicensed Devices and Equipment Approval Federal Communications Commission. ACTION: Final rule. cprice-sewell on PROD1PC71 with RULES AGENCY: SUMMARY: This document amends the Commission’s rules to provide for more efficient equipment authorization of both existing modular transmitter devices and emerging partitioned (or ‘‘split’’) modular transmitter devices. These rule changes will benefit manufacturers by allowing greater flexibility in certifying equipment and providing relief from the need to obtain a new equipment authorization each time the same transmitter is installed in a different final product. The rule changes will also enable manufacturers to develop more flexible and more advanced unlicensed transmitter technologies. The Commission further finds that modular transmitter devices authorized in accordance with the revised equipment authorization procedures will not pose any increased risk of interference to other radio operations. DATES: Effective June 22, 2007, except for § 15.212, which contains information collection requirements that have not been approved by the Office of Management and Budget. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date of this section. FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Office of Engineering and Technology, (202) 418–7506, e-mail Hugh.VanTuyl@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Second Report and Order, ET Docket No. 03– 201, FCC 07–56, adopted April 20, 2007, and released April 25, 2007. The full text of this document is available on the Commission’s Internet site at https:// www.fcc.gov. It is also available for inspection and copying during regular business hours in the FCC Reference Center (Room CY–A257), 445 12th VerDate Aug<31>2005 15:35 May 22, 2007 Jkt 211001 1. In the Second Report and Order the Commission codified the Public Notice, DA 00–1407, June 26, 2000, requirements for approving modular transmitters, with certain modifications. It also adopted requirements for the approval of split modular transmitters, including a requirement that only parts of a split module that have been approved in a single application for equipment authorization may operate together. Further, it allows manufacturers the flexibility to demonstrate alternative methods in the application for equipment authorization to ensure that a modular transmitter will meet all the applicable part 15 requirements under the operating conditions in which it will be used. The Commission finds that the increased flexibility adopted will facilitate the approval process for modular transmitters and provide relief from the need to obtain a new equipment authorization each time the same transmitter is installed in a different final product, and will promote an increase in the development of part 15 devices without increasing the potential for interference to authorized radio services. Single Unit Modular Transmitters 2. The Commission codified the proposed requirements for approving single modular transmitters into the rules. This action will ensure that all equipment manufacturers are provided with adequate notice of the Commission’s requirements for obtaining modular transmitter approvals. The Commission adopted a definition for a modular transmitter. Specifically, a modular transmitter will be defined as a completely selfcontained radio-frequency transmitter device that is typically incorporated into another product, host or device. However, the Commission will not require ‘‘module-like devices’’ that contain part 15 transmitters to be approved as modular transmitters. Consistent with current Commission policy, it will continue to permit such devices to be approved as stand-alone transmitters under the present authorization procedures, although PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 28889 manufacturers may obtain approval for them as modules if they desire. 3. The Commission recognizes that there may be circumstances where there are alternative means that will enable a modular transmitter to meet all applicable part 15 requirements under the operating conditions in which the transmitter will be used. Therefore, the Commission adopted a rule that states that modular transmitters do not have to comply with all of the approval requirements if the manufacturer can demonstrate by alternative means in the application for equipment authorization that the equipment complies with the part 15 rules. Specifically, the Commission will permit manufacturers flexibility with respect to the requirements such as module shielding, buffered modulation/data inputs and power supply regulation, because compliance with these requirements may not be necessary in specific module installations. Consistent with the Public Notice, the Commission may grant a ‘‘Limited Modular Approval’’ in instances where the equipment does not meet all eight criteria for modular transmitters, but the grantee of equipment authorization can demonstrate that it will retain control over the final installation of the device such that compliance of the end product is assured. In such cases, the grantee must state how control of the end product into which the module will be installed will be maintained such that full compliance of the end product is always ensured. A limited modular approval is subject to conditions such as the device(s) into which the module can be installed, the antenna separation distance from persons or the locations where it may be used (e.g. outdoor only). 4. To provide additional flexibility to manufacturers and to parties incorporating modular transmitters into other devices, the Commission will permit electronic labeling of modular transmitters in the same manner as it allows for software defined radios. The FCC identification number may be shown on an electronic display on the module itself if the module contains a display that is visible to the user, or more typically, it may be displayed on the device into which the module is installed, such as a laptop computer or PDA. The information must be readily accessible, and the user manual must describe how to access the electronic display. In addition to the electronic display, the Commission requires a simple label on the product indicating when a module is installed inside a host device to facilitate identification of equipment that contains modular E:\FR\FM\23MYR1.SGM 23MYR1 28890 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations cprice-sewell on PROD1PC71 with RULES transmitters. This approach will simplify the labeling procedure for parties that incorporate modules into other devices because they will not need to affix a different label on the outside of a device for each type of modular transmitter that may be installed inside. 5. The Commission declines to make changes to the antenna connector requirements for modular transmitters. The Commission previously addressed this issue in the Report and Order, 69 FR 54072, September 7, 2004, in this proceeding. It noted that the changes adopted in the Report and Order that allow intentional radiators to be authorized with multiple antenna types similarly apply to modular transmitters. 6. The Commission declined to modify the rules to state that the host device manufacturer is responsible for meeting the requirements specified in the modular transmitter authorization. It is ultimately the responsibility of the grantee of equipment authorization to comply with the terms of the equipment authorization. The Commission notes that in the case of equipment requiring special accessories, the rules state that it is the responsibility of the user to use the needed special accessories that the grantee is required to supply with the equipment. It also notes that some parties are assembling devices that contain multiple approved modules that may interact with each other and may cause the host device to operate out of compliance with the Commission’s rules. In this case, the assembler is responsible for any interactions that cause the device to operate out of compliance with the Commission’s rules, while the grantee of the equipment authorization for each module remains responsible for the compliance of the module with the equipment authorization. If an assembler makes any changes to an approved module, it becomes the party responsible for compliance of that module and must obtain a new equipment authorization. Split Modular Transmitters 7. A new class of split modular transmitters is now under development. These transmitters consist of two basic components: the radio front end and the firmware on which the software that controls the radio operation resides. The separation of modular devices into these components will provide manufacturers with flexibility to design a larger variety of modular systems by mixing and matching individual components. 8. The Public Notice on modular transmitter approvals envisioned that a transmitter module would be a single component device, rather than split into VerDate Aug<31>2005 15:35 May 22, 2007 Jkt 211001 two separate sections. Certain requirements in the Public Notice may not be appropriate or may be unnecessarily restrictive for split modules. Therefore, in the Notice of Proposed Rule Making (NPRM), the Commission proposed to modify the requirements for shielding, control information, and test procedures in the Public Notice to accommodate the special case of new split modules in which the antenna, radio front end, and firmware are independent of one another. 9. The Commission adopted modified and additional approval requirements for split modules. These rules will provide manufacturers relief from the need to obtain a new equipment authorization each time the same split modular transmitter is installed in a different device. Reducing the authorization burden for split modular transmitters will encourage and enable manufacturers to develop more flexible and more advanced unlicensed transmitter technologies. The Commission also finds that, with appropriate safeguards, split modules may be authorized while continuing to ensure that final products comply with the Commission’s technical requirements. 10. The Commission will use the term ‘‘transmitter control element’’ in place of the proposed term ‘‘firmware’’ for split modular transmitters. The term firmware is generally used to describe computer instructions that are stored in a read-only memory. While that term may be appropriate for describing how transmitter functions are carried out in some split module implementations, it may not be appropriate in all cases. Thus, the Commission is using the more generic term ‘‘transmitter control element’’. 11. For a split modular transmitter, there are three pieces that must be tested together. The first is the RF front end, which consists of the power amplifier, antenna, and possibly the circuitry that produces the modulation. The second piece is the transmitter control element, which may be on its own chip or circuit board, or which may consist of components incorporated into another device. The transmitter control element may produce the modulation rather than the RF front end. The third piece is the host device, such as a notebook computer or personal digital assistant, which will be used to link the first two pieces of the split module together. The Commission will use some judgment at the time of equipment authorization as to whether the host device with which a modular transmitter is tested is representative of PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 the intended use(s) of that modular transmitter. 12. The Commission adopted the proposed requirements that only the radio front end of a split module must be shielded. It does not believe that it is necessary to shield the transmitter control element because it is unlikely any stray RF energy to this circuitry would affect the emissions from the overall device. The adopted rules will allow the physical crystal and tuning capacitors to be located external to the shielded radio element. This approach recognizes that it would greatly complicate equipment design to shield the crystal and tuning capacitor and does not appear warranted by the negligible risk of any impact on the transmitter output. The Commission also adopted a requirement that the interface between sections of the split modular system must be digital with a minimum signaling amplitude of 150 millivolts peak-to-peak. These requirements will help ensure that the interface between sections of a split module is immune to stray signals that could cause the module to operate out of compliance with the part 15 rules. While these requirements should be appropriate in most cases, the Commission recognizes the concerns of parties who request additional flexibility in meeting these requirements. Therefore, consistent with its actions for single modules, the Commission will permit manufacturers to demonstrate alternatives to these requirements that will ensure that the split modular transmitter complies with the part 15 rules. 13. The Commission adopted a rule stating that control information and other data may be exchanged between the radio front end and transmitter control elements. The purpose of this rule is merely to clarify that in a split module, data may be sent not to just the module input as in a single module, but also between sections of the module. 14. The Commission declines to define a reference platform or specific cable lengths for testing split modules as proposed in the NPRM. Because split modules are a new technology, the Commission concludes that it would be premature to specify detailed testing procedures that may not be applicable to all implementations and could inadvertently hinder development of this technology. Rather, it will require manufacturers to comply with the basic objective of demonstrating, through testing, that their split module equipment will comply with the applicable part 15 requirements (e.g., frequency, power, spurious emissions limits, and other rules). The E:\FR\FM\23MYR1.SGM 23MYR1 cprice-sewell on PROD1PC71 with RULES Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations Commission will provide manufacturers with the flexibility to perform testing on a platform that is representative of actual use, such as a laptop or PDA, but may require a manufacturer to perform testing on additional platforms if necessary to demonstrate that the equipment will comply under the conditions in which it will be used. The sections of a split module must be tested together as a system and will be authorized as a system with a single FCC identification number. 15. The Commission declines to require a standard physical or logical interface between sections of a split module or to require the use of an industry standard. It now finds that such an action could hinder development of this nascent technology. Manufacturers are free to develop standard interfaces and use industry standards in designing split modules at their discretion. Parties may also mix and match radio front ends and transmitter control elements made by different manufacturers in split modules, but to ensure the compliance of these components as a module they must be tested and certified as a system on a platform representative of actual use. Each combination of radio front end and transmitter control elements must have its own FCC identification number that will indicate which party is responsible for compliance of the system. The Commission will not require a permanently affixed label on the transmitter control elements of a split module when electronic labeling is used, because the radio front end or transmitter control element may be integrated into another device, making physical labeling impractical. However, if electronic labeling is not used, the Commission will require a permanently affixed label to be located either on the radio front end, transmitter control elements, or the host device. 16. Because split modules are tested for compliance and authorized as a system, the Commission finds that it is necessary to adopt requirements to ensure that only sections of a split module system that have been approved together may be used together in a device. Therefore, it adopted a general security requirement for split modules that is similar to the security requirement for software defined radios that ensures that only hardware and software that has been approved together may operate in a device. Specifically, the Commission requires that manufacturers take steps to ensure that only transmitter control elements and radio front end components that have been approved together are capable of operating together. It also requires VerDate Aug<31>2005 15:35 May 22, 2007 Jkt 211001 that the split module not operate unless it has verified that the installed transmitter control elements and radio front end have been authorized together. The Commission will permit manufacturers to use means including, but not limited to, coding in hardware and electronic signatures in software to meet these requirements, and will require them to describe the methods for ensuring that components operate only when connected with other components included under the same equipment authorization in their application for equipment authorization. 17. The Commission will not permit Telecommunication Certification Bodies (TCBs) to certify split modules at this time. Split modules are a new technology, and TCBs will not be permitted to certify them until the Commission has more experience with them and can properly advise TCBs on how to apply the applicable rules. The Commission’s Laboratory maintains a list of types of devices that TCBs are excluded from certifying and will place split modules on this list until the Laboratory determines that TCBs are capable of certifying them. 28891 Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed Rulemaking (NPRM) in this docket, ET Docket 03–201. The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. This present Supplemental Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.2 20. As required by the Regulatory Flexibility Act (RFA),1 an Initial A. Need for, and Objectives of, the Second Report and Order 21. In recent years, manufacturers have developed part 15 transmitter modules (or ‘‘single’’ modules) that can be incorporated into many different devices. A module generally consists of a completely self-contained radiofrequency transmitter missing only an input signal source and a power source to make it functional. Once a module is authorized by the Commission under its certification procedure, it may be incorporated into a number of host devices such as personal computers (PCs) or personal digital assistants (PDAs), which have been separately authorized. The completed product generally is not subject to requirements for further certification by the Commission. Therefore, modular transmitters save manufacturers the time and any related expenses that would be incurred if a new equipment authorization were needed for the same transmitter when it is installed in a new device. 22. On June 26, 2000, the Commission released a Public Notice detailing eight criteria that must be met in order for the Commission to grant certification to a part 15 transmitter as a module. Specifically, the module must: (1) Have its own radio-frequency shielding, (2) have buffered modulation/data inputs to ensure that the device will comply with the part 15 requirements with any type of input signal, (3) contain power supply regulation, (4) comply with the part 15 antenna requirements, (5) be tested in a stand-alone configuration, (6) be labeled with its own FCC ID, (7) comply with any specific rules applicable to the transmitter, and (8) comply with RF safety requirements. The Public Notice was released in response to manufacturers’ requests to the FCC Laboratory for information about the conditions under which part 15 modular transmitter approvals may be granted. In the NPRM in this proceeding, the Commission proposed to codify the criteria from the Public Notice for approval of singular modular 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. 104–121, Title II, 110 Stat. 857 (1996). 2 See 5 U.S.C. 603, Title II, 110 Stat 857 (1996). Ordering Clauses 18. Part 15 of the Commission’s rules is amended as specified in Appendix A, effective 30 days after publication in the Federal Register. The Second Report and Order contains information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Pub. L. 104–13, that are not effective until approved by the Office of Management and Budget. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date of the rules. This action is taken pursuant to the authority contained in sections 1, 4(i), 303(f), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303(f), and 303(r). 19. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the Second Report and Order, including the Final Regulatory Flexibility Analysis, to the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Supplemental Final Regulatory Flexibility Analysis PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1 28892 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations transmitters. In addition, the Commission proposed additional criteria that must be met for approval of split modular transmitters. 23. The Second Report and Order codifies the eight Public Notice requirements for approval of single modular transmitters. It also adopts specific requirements for the approval of split modular devices. Specifically, in a split modular device: (1) Only the radiofrequency section of the module must be shielded, (2) the two sections of the module may exchange data and control information, (3) the sections of a split module must be tested together in a representative device, and (4) split modules must contain measures such a security codes to ensure that only sections of a module that have been approved together will function together in a host device. These rule changes will benefit manufacturers by allowing greater flexibility in certifying equipment and providing relief from the need to obtain a new equipment authorization each time the same transmitter is installed in a different device. The rule changes will also enable manufactures to develop more flexible and more advanced unlicensed transmitter technologies. cprice-sewell on PROD1PC71 with RULES B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA 24. No comments were filed in response to the IRFA. C. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply 25. The RFA directs agencies to provide a description of, and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted.3 The RFA defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small business concern’’ under section 3 of the Small Business Act.4 Under the Small Business Act, a ‘‘small business concern’’ is one that: (1) Is independently owned and operated; (2) is not dominant in its field of operations; and (3) meets additional criteria established by the Small Business Administration (SBA).5 26. The rules adopted in this Second Report and Order pertains to manufacturers of unlicensed communications devices. The appropriate small business size standard is that which the SBA has established 3 See U.S.C. 603(b)(3). 601(3). 5 Id. 632. 4 Id. VerDate Aug<31>2005 15:35 May 22, 2007 Jkt 211001 for radio and television broadcasting and wireless communications equipment manufacturing. This category encompasses entities that primarily manufacture radio, television, and wireless communications equipment.6 Under this standard, firms are considered small if they have 750 or fewer employees.7 Census Bureau data for 1997 indicate that, for that year, there were a total of 1,215 establishments 8 in this category.9 Of those, there were 1,150 that had employment under 500, and an additional 37 that had employment of 500 to 999. The percentage of wireless equipment manufacturers in this category is approximately 61.35%, so the Commission estimates that the number of wireless equipment manufacturers with employment under 500 was actually closer to 706, with an additional 23 establishments having employment of between 500 and 999. Given the above, the Commission estimates that the great majority of wireless communications equipment manufacturers are small businesses. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 27. Part 15 modular transmitters are already required to be certified before they can be legally imported into or marketed within the United States. The rule changes adopted in this proceeding will not alter any of the current reporting or recordkeeping requirements. Telecommunication Certification Bodies (TCBs) will not be permitted to certify split modular transmitters until the Commission has more experience with them and can properly advise TCBs on how to apply the applicable rules. E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 28. The RFA requires an agency to describe any significant alternatives that 6 NAICS code 334220. 7 Id. 8 The number of ‘‘establishments’’ is a less helpful indicator of small business prevalence in this context than would be the number of ‘‘firms’’ or ‘‘companies,’’ because the latter take into account the concept of common ownership or control. Any single physical location for an entity is an establishment, even though that location may be owned by a different establishment. Thus, the numbers given may reflect inflated numbers of businesses in this category, including the numbers of small businesses. In this category, the Census breaks-out data for firms or companies only to give the total number of such entities for 1997, which was 1,089. 9 U.S. Census Bureau, 1997 Economic Census, Industry Series: Manufacturing, ‘‘Industry Statistics by Employment Size,’’ Table 4, NAICS code 334220. PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 it has considered in reaching its approach, which may include the following four alternatives: (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities. 29. Modular approvals save manufacturers, both large and small, the burden of having to test a transmitter multiple times for incorporation into multiple host devices. However, we recognize that in some instances, particularly with respect to small manufacturers, the drawback to modular approvals is that the certification of a module is somewhat more burdensome because the manufacturer must show compliance with the eight requirements from the June 2000 public notice that the current item incorporates into the rules. This could mean that a manufacturer has to incorporate shielding, modulation buffering or power supply regulation to make a device eligible for a modular approval, or that it has to be tested in different configurations than non-modular transmitters. 30. Because smaller manufacturers may find that these requirements impose an economically significant burden, we have provided for two alternatives to reduce this burden. 31. First, the rules do not require that a manufacturer approve a transmitter as a module. If a transmitter is only intended to be installed in a small number of different devices, a manufacturer may find it is more efficient, either cost-wise or time-wise, to simply obtain a separate certification for each device. 32. Second, the rules permit ‘‘limited modular approvals’’ for transmitters that do not comply with all eight requirements for modular certification if the manufacturer can demonstrate by alternative means in the application for equipment authorization that the equipment will comply with the part 15 rules. Specifically, manufacturers have flexibility with respect to requirements such as module shielding, buffered modulation/data inputs and power supply regulation, because compliance with these requirements may not be necessary in specific module installations. The manufacturer must demonstrate that it will retain control over the final installation of the device E:\FR\FM\23MYR1.SGM 23MYR1 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations such that compliance of the end product is assured. A limited modular approval is subject to conditions such as the device(s) into which the module can be installed, a requirement for professional installation, the antenna separation distance from persons or the locations where it may be used (e.g., outdoor only). F. Report to Congress 33. The Commission will send a copy of the Second Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act.10 In addition, the Commission will send a copy of the second Report and Order, including the FRFA, to Congress and the Government Accountability Office. List of Subjects in 47 CFR Part 15 Communications equipment. Federal Communications Commission. Marlene H. Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends part 15 of Title 47 of the CFR to read as follows: I PART 15—RADIO FREQUENCY DEVICES 1. The authority citation for part 15 continues to read as follows: I Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a 2. Section 15.212 is added to read as follows: I cprice-sewell on PROD1PC71 with RULES § 15.212 Modular transmitters. (a) Single modular transmitters consist of a completely self-contained radiofrequency transmitter device that is typically incorporated into another product, host or device. Split modular transmitters consist of two components: a radio front end with antenna (or radio devices) and a transmitter control element (or specific hardware on which the software that controls the radio operation resides). All single or split modular transmitters are approved with an antenna. All of the following requirements apply, except as provided in paragraph (b) of this section. (1) Single modular transmitters must meet the following requirements to obtain a modular transmitter approval. (i) The radio elements of the modular transmitter must have their own shielding. The physical crystal and tuning capacitors may be located external to the shielded radio elements. 10 See 5 U.S.C. 801(a)(1)(A). VerDate Aug<31>2005 15:35 May 22, 2007 Jkt 211001 (ii) The modular transmitter must have buffered modulation/data inputs (if such inputs are provided) to ensure that the module will comply with part 15 requirements under conditions of excessive data rates or over-modulation. (iii) The modular transmitter must have its own power supply regulation. (iv) The modular transmitter must comply with the antenna and transmission system requirements of §§ 15.203, 15.204(b) and 15.204(c). The antenna must either be permanently attached or employ a ‘‘unique’’ antenna coupler (at all connections between the module and the antenna, including the cable). The ‘‘professional installation’’ provision of § 15.203 is not applicable to modules but can apply to limited modular approvals under paragraph (b) of this section. (v) The modular transmitter must be tested in a stand-alone configuration, i.e., the module must not be inside another device during testing for compliance with part 15 requirements. Unless the transmitter module will be battery powered, it must comply with the AC line conducted requirements found in § 15.207. AC or DC power lines and data input/output lines connected to the module must not contain ferrites, unless they will be marketed with the module (see § 15.27(a)). The length of these lines shall be the length typical of actual use or, if that length is unknown, at least 10 centimeters to insure that there is no coupling between the case of the module and supporting equipment. Any accessories, peripherals, or support equipment connected to the module during testing shall be unmodified and commercially available (see § 15.31(i)). (vi) The modular transmitter must be equipped with either a permanently affixed label or must be capable of electronically displaying its FCC identification number. (A) If using a permanently affixed label, the modular transmitter must be labeled with its own FCC identification number, and, if the FCC identification number is not visible when the module is installed inside another device, then the outside of the device into which the module is installed must also display a label referring to the enclosed module. This exterior label can use wording such as the following: ‘‘Contains Transmitter Module FCC ID: XYZMODEL1’’ or ‘‘Contains FCC ID: XYZMODEL1.’’ Any similar wording that expresses the same meaning may be used. The Grantee may either provide such a label, an example of which must be included in the application for equipment authorization, or, must provide adequate instructions along with the module which explain this requirement. PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 28893 In the latter case, a copy of these instructions must be included in the application for equipment authorization. (B) If the modular transmitter uses an electronic display of the FCC identification number, the information must be readily accessible and visible on the modular transmitter or on the device in which it is installed. If the module is installed inside another device, then the outside of the device into which the module is installed must display a label referring to the enclosed module. This exterior label can use wording such as the following: ‘‘Contains FCC certified transmitter module(s).’’ Any similar wording that expresses the same meaning may be used. The user manual must include instructions on how to access the electronic display. A copy of these instructions must be included in the application for equipment authorization. (vii) The modular transmitter must comply with any specific rules or operating requirements that ordinarily apply to a complete transmitter and the manufacturer must provide adequate instructions along with the module to explain any such requirements. A copy of these instructions must be included in the application for equipment authorization. (viii) The modular transmitter must comply with any applicable RF exposure requirements in its final configuration. (2) Split modular transmitters must meet the requirements in paragraph (a)(1) of this section, excluding paragraphs (a)(1)(i) and (a)(1)(v), and the following additional requirements to obtain a modular transmitter approval. (i) Only the radio front end must be shielded. The physical crystal and tuning capacitors may be located external to the shielded radio elements. The interface between the split sections of the modular system must be digital with a minimum signaling amplitude of 150 mV peak-to-peak. (ii) Control information and other data may be exchanged between the transmitter control elements and radio front end. (iii) The sections of a split modular transmitter must be tested installed in a host device(s) similar to that which is representative of the platform(s) intended for use. (iv) Manufacturers must ensure that only transmitter control elements and radio front end components that have been approved together are capable of operating together. The transmitter module must not operate unless it has verified that the installed transmitter E:\FR\FM\23MYR1.SGM 23MYR1 28894 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations cprice-sewell on PROD1PC71 with RULES control elements and radio front end have been authorized together. Manufacturers may use means including, but not limited to, coding in hardware and electronic signatures in software to meet these requirements, and must describe the methods in their application for equipment authorization. (b) A limited modular approval may be granted for single or split modular transmitters that do not comply with all of the above requirements, e.g., shielding, minimum signaling amplitude, buffered modulation/data inputs, or power supply regulation, if the manufacturer can demonstrate by alternative means in the application for equipment authorization that the modular transmitter meets all the applicable part 15 requirements under the operating conditions in which the transmitter will be used. Limited modular approval also may be granted in those instances where compliance with RF exposure rules is demonstrated only for particular product configurations. The applicant for certification must state how control of the end product into which the module will be installed will be maintained VerDate Aug<31>2005 15:35 May 22, 2007 Jkt 211001 such that full compliance of the end product is always ensured. [FR Doc. E7–9942 Filed 5–22–07; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 15 [MB Docket No. 03–15; FCC 07–69] Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: SUMMARY: The Federal Communications Commission has received Office of Management and Budget (OMB) approval for information collection requirements contained in 47 CFR 15.117(k). Therefore, the Commission announces that 47 CFR 15.117(k) is effective May 25, 2007. DATES: The effective date for the rule published at 72 FR 26554 (May 10, 2007) amending 47 CFR 15.117 is May 25, 2007. PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 The Federal Communications Commission has received OMB approval for the Consumer Alert labeling rule published at 72 FR 26554 (May 10, 2007). Through this document, the Commission announces that it received this approval on May 16, 2007. Pursuant to the Paperwork Reduction Act of 1995, Pub. L. 104–13, an agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Notwithstanding any other provisions of law, no person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. OMB assigned OMB Control Number 3060–1100 to the collection of information contained in 47 CFR 15.117(k). Questions concerning the OMB control number should be directed to Cathy Williams, Federal Communications Commission, (202) 418–2918 or via the Internet at Cathy.Williams@fcc.gov. SUPPLEMENTARY INFORMATION: Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7–10053 Filed 5–22–07; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\23MYR1.SGM 23MYR1

Agencies

[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Rules and Regulations]
[Pages 28889-28894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9942]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 03-201; FCC 07-56]


Unlicensed Devices and Equipment Approval

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to provide for 
more efficient equipment authorization of both existing modular 
transmitter devices and emerging partitioned (or ``split'') modular 
transmitter devices. These rule changes will benefit manufacturers by 
allowing greater flexibility in certifying equipment and providing 
relief from the need to obtain a new equipment authorization each time 
the same transmitter is installed in a different final product. The 
rule changes will also enable manufacturers to develop more flexible 
and more advanced unlicensed transmitter technologies. The Commission 
further finds that modular transmitter devices authorized in accordance 
with the revised equipment authorization procedures will not pose any 
increased risk of interference to other radio operations.

DATES: Effective June 22, 2007, except for Sec.  15.212, which contains 
information collection requirements that have not been approved by the 
Office of Management and Budget. The Federal Communications Commission 
will publish a document in the Federal Register announcing the 
effective date of this section.

FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Office of Engineering 
and Technology, (202) 418-7506, e-mail Hugh.VanTuyl@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order, ET Docket No. 03-201, FCC 07-56, adopted April 20, 
2007, and released April 25, 2007. The full text of this document is 
available on the Commission's Internet site at https://www.fcc.gov. It 
is also available for inspection and copying during regular business 
hours in the FCC Reference Center (Room CY-A257), 445 12th Street., 
SW., Washington, DC 20554. The full text of this document also may be 
purchased from the Commission's duplication contractor, Best Copy and 
Printing Inc., Portals II, 445 12th St., SW., Room CY-B402, Washington, 
DC 20554; telephone (202) 488-5300; fax (202) 488-5563; e-mail 
FCC@BCPIWEB.COM.

Summary of the Report and Order

    1. In the Second Report and Order the Commission codified the 
Public Notice, DA 00-1407, June 26, 2000, requirements for approving 
modular transmitters, with certain modifications. It also adopted 
requirements for the approval of split modular transmitters, including 
a requirement that only parts of a split module that have been approved 
in a single application for equipment authorization may operate 
together. Further, it allows manufacturers the flexibility to 
demonstrate alternative methods in the application for equipment 
authorization to ensure that a modular transmitter will meet all the 
applicable part 15 requirements under the operating conditions in which 
it will be used. The Commission finds that the increased flexibility 
adopted will facilitate the approval process for modular transmitters 
and provide relief from the need to obtain a new equipment 
authorization each time the same transmitter is installed in a 
different final product, and will promote an increase in the 
development of part 15 devices without increasing the potential for 
interference to authorized radio services.

Single Unit Modular Transmitters

    2. The Commission codified the proposed requirements for approving 
single modular transmitters into the rules. This action will ensure 
that all equipment manufacturers are provided with adequate notice of 
the Commission's requirements for obtaining modular transmitter 
approvals. The Commission adopted a definition for a modular 
transmitter. Specifically, a modular transmitter will be defined as a 
completely self-contained radio-frequency transmitter device that is 
typically incorporated into another product, host or device. However, 
the Commission will not require ``module-like devices'' that contain 
part 15 transmitters to be approved as modular transmitters. Consistent 
with current Commission policy, it will continue to permit such devices 
to be approved as stand-alone transmitters under the present 
authorization procedures, although manufacturers may obtain approval 
for them as modules if they desire.
    3. The Commission recognizes that there may be circumstances where 
there are alternative means that will enable a modular transmitter to 
meet all applicable part 15 requirements under the operating conditions 
in which the transmitter will be used. Therefore, the Commission 
adopted a rule that states that modular transmitters do not have to 
comply with all of the approval requirements if the manufacturer can 
demonstrate by alternative means in the application for equipment 
authorization that the equipment complies with the part 15 rules. 
Specifically, the Commission will permit manufacturers flexibility with 
respect to the requirements such as module shielding, buffered 
modulation/data inputs and power supply regulation, because compliance 
with these requirements may not be necessary in specific module 
installations. Consistent with the Public Notice, the Commission may 
grant a ``Limited Modular Approval'' in instances where the equipment 
does not meet all eight criteria for modular transmitters, but the 
grantee of equipment authorization can demonstrate that it will retain 
control over the final installation of the device such that compliance 
of the end product is assured. In such cases, the grantee must state 
how control of the end product into which the module will be installed 
will be maintained such that full compliance of the end product is 
always ensured. A limited modular approval is subject to conditions 
such as the device(s) into which the module can be installed, the 
antenna separation distance from persons or the locations where it may 
be used (e.g. outdoor only).
    4. To provide additional flexibility to manufacturers and to 
parties incorporating modular transmitters into other devices, the 
Commission will permit electronic labeling of modular transmitters in 
the same manner as it allows for software defined radios. The FCC 
identification number may be shown on an electronic display on the 
module itself if the module contains a display that is visible to the 
user, or more typically, it may be displayed on the device into which 
the module is installed, such as a laptop computer or PDA. The 
information must be readily accessible, and the user manual must 
describe how to access the electronic display. In addition to the 
electronic display, the Commission requires a simple label on the 
product indicating when a module is installed inside a host device to 
facilitate identification of equipment that contains modular

[[Page 28890]]

transmitters. This approach will simplify the labeling procedure for 
parties that incorporate modules into other devices because they will 
not need to affix a different label on the outside of a device for each 
type of modular transmitter that may be installed inside.
    5. The Commission declines to make changes to the antenna connector 
requirements for modular transmitters. The Commission previously 
addressed this issue in the Report and Order, 69 FR 54072, September 7, 
2004, in this proceeding. It noted that the changes adopted in the 
Report and Order that allow intentional radiators to be authorized with 
multiple antenna types similarly apply to modular transmitters.
    6. The Commission declined to modify the rules to state that the 
host device manufacturer is responsible for meeting the requirements 
specified in the modular transmitter authorization. It is ultimately 
the responsibility of the grantee of equipment authorization to comply 
with the terms of the equipment authorization. The Commission notes 
that in the case of equipment requiring special accessories, the rules 
state that it is the responsibility of the user to use the needed 
special accessories that the grantee is required to supply with the 
equipment. It also notes that some parties are assembling devices that 
contain multiple approved modules that may interact with each other and 
may cause the host device to operate out of compliance with the 
Commission's rules. In this case, the assembler is responsible for any 
interactions that cause the device to operate out of compliance with 
the Commission's rules, while the grantee of the equipment 
authorization for each module remains responsible for the compliance of 
the module with the equipment authorization. If an assembler makes any 
changes to an approved module, it becomes the party responsible for 
compliance of that module and must obtain a new equipment 
authorization.

Split Modular Transmitters

    7. A new class of split modular transmitters is now under 
development. These transmitters consist of two basic components: the 
radio front end and the firmware on which the software that controls 
the radio operation resides. The separation of modular devices into 
these components will provide manufacturers with flexibility to design 
a larger variety of modular systems by mixing and matching individual 
components.
    8. The Public Notice on modular transmitter approvals envisioned 
that a transmitter module would be a single component device, rather 
than split into two separate sections. Certain requirements in the 
Public Notice may not be appropriate or may be unnecessarily 
restrictive for split modules. Therefore, in the Notice of Proposed 
Rule Making (NPRM), the Commission proposed to modify the requirements 
for shielding, control information, and test procedures in the Public 
Notice to accommodate the special case of new split modules in which 
the antenna, radio front end, and firmware are independent of one 
another.
    9. The Commission adopted modified and additional approval 
requirements for split modules. These rules will provide manufacturers 
relief from the need to obtain a new equipment authorization each time 
the same split modular transmitter is installed in a different device. 
Reducing the authorization burden for split modular transmitters will 
encourage and enable manufacturers to develop more flexible and more 
advanced unlicensed transmitter technologies. The Commission also finds 
that, with appropriate safeguards, split modules may be authorized 
while continuing to ensure that final products comply with the 
Commission's technical requirements.
    10. The Commission will use the term ``transmitter control 
element'' in place of the proposed term ``firmware'' for split modular 
transmitters. The term firmware is generally used to describe computer 
instructions that are stored in a read-only memory. While that term may 
be appropriate for describing how transmitter functions are carried out 
in some split module implementations, it may not be appropriate in all 
cases. Thus, the Commission is using the more generic term 
``transmitter control element''.
    11. For a split modular transmitter, there are three pieces that 
must be tested together. The first is the RF front end, which consists 
of the power amplifier, antenna, and possibly the circuitry that 
produces the modulation. The second piece is the transmitter control 
element, which may be on its own chip or circuit board, or which may 
consist of components incorporated into another device. The transmitter 
control element may produce the modulation rather than the RF front 
end. The third piece is the host device, such as a notebook computer or 
personal digital assistant, which will be used to link the first two 
pieces of the split module together. The Commission will use some 
judgment at the time of equipment authorization as to whether the host 
device with which a modular transmitter is tested is representative of 
the intended use(s) of that modular transmitter.
    12. The Commission adopted the proposed requirements that only the 
radio front end of a split module must be shielded. It does not believe 
that it is necessary to shield the transmitter control element because 
it is unlikely any stray RF energy to this circuitry would affect the 
emissions from the overall device. The adopted rules will allow the 
physical crystal and tuning capacitors to be located external to the 
shielded radio element. This approach recognizes that it would greatly 
complicate equipment design to shield the crystal and tuning capacitor 
and does not appear warranted by the negligible risk of any impact on 
the transmitter output. The Commission also adopted a requirement that 
the interface between sections of the split modular system must be 
digital with a minimum signaling amplitude of 150 millivolts peak-to-
peak. These requirements will help ensure that the interface between 
sections of a split module is immune to stray signals that could cause 
the module to operate out of compliance with the part 15 rules. While 
these requirements should be appropriate in most cases, the Commission 
recognizes the concerns of parties who request additional flexibility 
in meeting these requirements. Therefore, consistent with its actions 
for single modules, the Commission will permit manufacturers to 
demonstrate alternatives to these requirements that will ensure that 
the split modular transmitter complies with the part 15 rules.
    13. The Commission adopted a rule stating that control information 
and other data may be exchanged between the radio front end and 
transmitter control elements. The purpose of this rule is merely to 
clarify that in a split module, data may be sent not to just the module 
input as in a single module, but also between sections of the module.
    14. The Commission declines to define a reference platform or 
specific cable lengths for testing split modules as proposed in the 
NPRM. Because split modules are a new technology, the Commission 
concludes that it would be premature to specify detailed testing 
procedures that may not be applicable to all implementations and could 
inadvertently hinder development of this technology. Rather, it will 
require manufacturers to comply with the basic objective of 
demonstrating, through testing, that their split module equipment will 
comply with the applicable part 15 requirements (e.g., frequency, 
power, spurious emissions limits, and other rules). The

[[Page 28891]]

Commission will provide manufacturers with the flexibility to perform 
testing on a platform that is representative of actual use, such as a 
laptop or PDA, but may require a manufacturer to perform testing on 
additional platforms if necessary to demonstrate that the equipment 
will comply under the conditions in which it will be used. The sections 
of a split module must be tested together as a system and will be 
authorized as a system with a single FCC identification number.
    15. The Commission declines to require a standard physical or 
logical interface between sections of a split module or to require the 
use of an industry standard. It now finds that such an action could 
hinder development of this nascent technology. Manufacturers are free 
to develop standard interfaces and use industry standards in designing 
split modules at their discretion. Parties may also mix and match radio 
front ends and transmitter control elements made by different 
manufacturers in split modules, but to ensure the compliance of these 
components as a module they must be tested and certified as a system on 
a platform representative of actual use. Each combination of radio 
front end and transmitter control elements must have its own FCC 
identification number that will indicate which party is responsible for 
compliance of the system. The Commission will not require a permanently 
affixed label on the transmitter control elements of a split module 
when electronic labeling is used, because the radio front end or 
transmitter control element may be integrated into another device, 
making physical labeling impractical. However, if electronic labeling 
is not used, the Commission will require a permanently affixed label to 
be located either on the radio front end, transmitter control elements, 
or the host device.
    16. Because split modules are tested for compliance and authorized 
as a system, the Commission finds that it is necessary to adopt 
requirements to ensure that only sections of a split module system that 
have been approved together may be used together in a device. 
Therefore, it adopted a general security requirement for split modules 
that is similar to the security requirement for software defined radios 
that ensures that only hardware and software that has been approved 
together may operate in a device. Specifically, the Commission requires 
that manufacturers take steps to ensure that only transmitter control 
elements and radio front end components that have been approved 
together are capable of operating together. It also requires that the 
split module not operate unless it has verified that the installed 
transmitter control elements and radio front end have been authorized 
together. The Commission will permit manufacturers to use means 
including, but not limited to, coding in hardware and electronic 
signatures in software to meet these requirements, and will require 
them to describe the methods for ensuring that components operate only 
when connected with other components included under the same equipment 
authorization in their application for equipment authorization.
    17. The Commission will not permit Telecommunication Certification 
Bodies (TCBs) to certify split modules at this time. Split modules are 
a new technology, and TCBs will not be permitted to certify them until 
the Commission has more experience with them and can properly advise 
TCBs on how to apply the applicable rules. The Commission's Laboratory 
maintains a list of types of devices that TCBs are excluded from 
certifying and will place split modules on this list until the 
Laboratory determines that TCBs are capable of certifying them.

Ordering Clauses

    18. Part 15 of the Commission's rules is amended as specified in 
Appendix A, effective 30 days after publication in the Federal 
Register. The Second Report and Order contains information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), Pub. 
L. 104-13, that are not effective until approved by the Office of 
Management and Budget. The Federal Communications Commission will 
publish a document in the Federal Register announcing the effective 
date of the rules. This action is taken pursuant to the authority 
contained in sections 1, 4(i), 303(f), and 303(r) of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303(f), and 303(r).
    19. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Second Report 
and Order, including the Final Regulatory Flexibility Analysis, to the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

Supplemental Final Regulatory Flexibility Analysis

    20. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Notice of Proposed Rulemaking (NPRM) in this docket, ET Docket 03-201. 
The Commission sought written public comment on the proposals in the 
NPRM, including comment on the IRFA. This present Supplemental Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\2\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Pub. L. 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See 5 U.S.C. 603, Title II, 110 Stat 857 (1996).
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A. Need for, and Objectives of, the Second Report and Order
    21. In recent years, manufacturers have developed part 15 
transmitter modules (or ``single'' modules) that can be incorporated 
into many different devices. A module generally consists of a 
completely self-contained radio-frequency transmitter missing only an 
input signal source and a power source to make it functional. Once a 
module is authorized by the Commission under its certification 
procedure, it may be incorporated into a number of host devices such as 
personal computers (PCs) or personal digital assistants (PDAs), which 
have been separately authorized. The completed product generally is not 
subject to requirements for further certification by the Commission. 
Therefore, modular transmitters save manufacturers the time and any 
related expenses that would be incurred if a new equipment 
authorization were needed for the same transmitter when it is installed 
in a new device.
    22. On June 26, 2000, the Commission released a Public Notice 
detailing eight criteria that must be met in order for the Commission 
to grant certification to a part 15 transmitter as a module. 
Specifically, the module must: (1) Have its own radio-frequency 
shielding, (2) have buffered modulation/data inputs to ensure that the 
device will comply with the part 15 requirements with any type of input 
signal, (3) contain power supply regulation, (4) comply with the part 
15 antenna requirements, (5) be tested in a stand-alone configuration, 
(6) be labeled with its own FCC ID, (7) comply with any specific rules 
applicable to the transmitter, and (8) comply with RF safety 
requirements. The Public Notice was released in response to 
manufacturers' requests to the FCC Laboratory for information about the 
conditions under which part 15 modular transmitter approvals may be 
granted. In the NPRM in this proceeding, the Commission proposed to 
codify the criteria from the Public Notice for approval of singular 
modular

[[Page 28892]]

transmitters. In addition, the Commission proposed additional criteria 
that must be met for approval of split modular transmitters.
    23. The Second Report and Order codifies the eight Public Notice 
requirements for approval of single modular transmitters. It also 
adopts specific requirements for the approval of split modular devices. 
Specifically, in a split modular device: (1) Only the radio-frequency 
section of the module must be shielded, (2) the two sections of the 
module may exchange data and control information, (3) the sections of a 
split module must be tested together in a representative device, and 
(4) split modules must contain measures such a security codes to ensure 
that only sections of a module that have been approved together will 
function together in a host device. These rule changes will benefit 
manufacturers by allowing greater flexibility in certifying equipment 
and providing relief from the need to obtain a new equipment 
authorization each time the same transmitter is installed in a 
different device. The rule changes will also enable manufactures to 
develop more flexible and more advanced unlicensed transmitter 
technologies.
B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA
    24. No comments were filed in response to the IRFA.
C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply
    25. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\3\ The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small business concern'' 
under section 3 of the Small Business Act.\4\ Under the Small Business 
Act, a ``small business concern'' is one that: (1) Is independently 
owned and operated; (2) is not dominant in its field of operations; and 
(3) meets additional criteria established by the Small Business 
Administration (SBA).\5\
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    \3\ See U.S.C. 603(b)(3).
    \4\ Id. 601(3).
    \5\ Id. 632.
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    26. The rules adopted in this Second Report and Order pertains to 
manufacturers of unlicensed communications devices. The appropriate 
small business size standard is that which the SBA has established for 
radio and television broadcasting and wireless communications equipment 
manufacturing. This category encompasses entities that primarily 
manufacture radio, television, and wireless communications 
equipment.\6\ Under this standard, firms are considered small if they 
have 750 or fewer employees.\7\ Census Bureau data for 1997 indicate 
that, for that year, there were a total of 1,215 establishments \8\ in 
this category.\9\ Of those, there were 1,150 that had employment under 
500, and an additional 37 that had employment of 500 to 999. The 
percentage of wireless equipment manufacturers in this category is 
approximately 61.35%, so the Commission estimates that the number of 
wireless equipment manufacturers with employment under 500 was actually 
closer to 706, with an additional 23 establishments having employment 
of between 500 and 999. Given the above, the Commission estimates that 
the great majority of wireless communications equipment manufacturers 
are small businesses.
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    \6\ NAICS code 334220.
    \7\ Id.
    \8\ The number of ``establishments'' is a less helpful indicator 
of small business prevalence in this context than would be the 
number of ``firms'' or ``companies,'' because the latter take into 
account the concept of common ownership or control. Any single 
physical location for an entity is an establishment, even though 
that location may be owned by a different establishment. Thus, the 
numbers given may reflect inflated numbers of businesses in this 
category, including the numbers of small businesses. In this 
category, the Census breaks-out data for firms or companies only to 
give the total number of such entities for 1997, which was 1,089.
    \9\ U.S. Census Bureau, 1997 Economic Census, Industry Series: 
Manufacturing, ``Industry Statistics by Employment Size,'' Table 4, 
NAICS code 334220.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements
    27. Part 15 modular transmitters are already required to be 
certified before they can be legally imported into or marketed within 
the United States. The rule changes adopted in this proceeding will not 
alter any of the current reporting or recordkeeping requirements. 
Telecommunication Certification Bodies (TCBs) will not be permitted to 
certify split modular transmitters until the Commission has more 
experience with them and can properly advise TCBs on how to apply the 
applicable rules.
E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    28. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its approach, which may 
include the following four alternatives: (1) The establishment of 
differing compliance or reporting requirements or timetables that take 
into account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.
    29. Modular approvals save manufacturers, both large and small, the 
burden of having to test a transmitter multiple times for incorporation 
into multiple host devices. However, we recognize that in some 
instances, particularly with respect to small manufacturers, the 
drawback to modular approvals is that the certification of a module is 
somewhat more burdensome because the manufacturer must show compliance 
with the eight requirements from the June 2000 public notice that the 
current item incorporates into the rules. This could mean that a 
manufacturer has to incorporate shielding, modulation buffering or 
power supply regulation to make a device eligible for a modular 
approval, or that it has to be tested in different configurations than 
non-modular transmitters.
    30. Because smaller manufacturers may find that these requirements 
impose an economically significant burden, we have provided for two 
alternatives to reduce this burden.
    31. First, the rules do not require that a manufacturer approve a 
transmitter as a module. If a transmitter is only intended to be 
installed in a small number of different devices, a manufacturer may 
find it is more efficient, either cost-wise or time-wise, to simply 
obtain a separate certification for each device.
    32. Second, the rules permit ``limited modular approvals'' for 
transmitters that do not comply with all eight requirements for modular 
certification if the manufacturer can demonstrate by alternative means 
in the application for equipment authorization that the equipment will 
comply with the part 15 rules. Specifically, manufacturers have 
flexibility with respect to requirements such as module shielding, 
buffered modulation/data inputs and power supply regulation, because 
compliance with these requirements may not be necessary in specific 
module installations. The manufacturer must demonstrate that it will 
retain control over the final installation of the device

[[Page 28893]]

such that compliance of the end product is assured. A limited modular 
approval is subject to conditions such as the device(s) into which the 
module can be installed, a requirement for professional installation, 
the antenna separation distance from persons or the locations where it 
may be used (e.g., outdoor only).
F. Report to Congress
    33. The Commission will send a copy of the Second Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act.\10\ In addition, the Commission will send a 
copy of the second Report and Order, including the FRFA, to Congress 
and the Government Accountability Office.
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    \10\ See 5 U.S.C. 801(a)(1)(A).
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List of Subjects in 47 CFR Part 15

    Communications equipment.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends part 15 of Title 47 of the CFR to read as follows:

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a


0
2. Section 15.212 is added to read as follows:


Sec.  15.212  Modular transmitters.

    (a) Single modular transmitters consist of a completely self-
contained radiofrequency transmitter device that is typically 
incorporated into another product, host or device. Split modular 
transmitters consist of two components: a radio front end with antenna 
(or radio devices) and a transmitter control element (or specific 
hardware on which the software that controls the radio operation 
resides). All single or split modular transmitters are approved with an 
antenna. All of the following requirements apply, except as provided in 
paragraph (b) of this section.
    (1) Single modular transmitters must meet the following 
requirements to obtain a modular transmitter approval.
    (i) The radio elements of the modular transmitter must have their 
own shielding. The physical crystal and tuning capacitors may be 
located external to the shielded radio elements.
    (ii) The modular transmitter must have buffered modulation/data 
inputs (if such inputs are provided) to ensure that the module will 
comply with part 15 requirements under conditions of excessive data 
rates or over-modulation.
    (iii) The modular transmitter must have its own power supply 
regulation.
    (iv) The modular transmitter must comply with the antenna and 
transmission system requirements of Sec. Sec.  15.203, 15.204(b) and 
15.204(c). The antenna must either be permanently attached or employ a 
``unique'' antenna coupler (at all connections between the module and 
the antenna, including the cable). The ``professional installation'' 
provision of Sec.  15.203 is not applicable to modules but can apply to 
limited modular approvals under paragraph (b) of this section.
    (v) The modular transmitter must be tested in a stand-alone 
configuration, i.e., the module must not be inside another device 
during testing for compliance with part 15 requirements. Unless the 
transmitter module will be battery powered, it must comply with the AC 
line conducted requirements found in Sec.  15.207. AC or DC power lines 
and data input/output lines connected to the module must not contain 
ferrites, unless they will be marketed with the module (see Sec.  
15.27(a)). The length of these lines shall be the length typical of 
actual use or, if that length is unknown, at least 10 centimeters to 
insure that there is no coupling between the case of the module and 
supporting equipment. Any accessories, peripherals, or support 
equipment connected to the module during testing shall be unmodified 
and commercially available (see Sec.  15.31(i)).
    (vi) The modular transmitter must be equipped with either a 
permanently affixed label or must be capable of electronically 
displaying its FCC identification number.
    (A) If using a permanently affixed label, the modular transmitter 
must be labeled with its own FCC identification number, and, if the FCC 
identification number is not visible when the module is installed 
inside another device, then the outside of the device into which the 
module is installed must also display a label referring to the enclosed 
module. This exterior label can use wording such as the following: 
``Contains Transmitter Module FCC ID: XYZMODEL1'' or ``Contains FCC ID: 
XYZMODEL1.'' Any similar wording that expresses the same meaning may be 
used. The Grantee may either provide such a label, an example of which 
must be included in the application for equipment authorization, or, 
must provide adequate instructions along with the module which explain 
this requirement. In the latter case, a copy of these instructions must 
be included in the application for equipment authorization.
    (B) If the modular transmitter uses an electronic display of the 
FCC identification number, the information must be readily accessible 
and visible on the modular transmitter or on the device in which it is 
installed. If the module is installed inside another device, then the 
outside of the device into which the module is installed must display a 
label referring to the enclosed module. This exterior label can use 
wording such as the following: ``Contains FCC certified transmitter 
module(s).'' Any similar wording that expresses the same meaning may be 
used. The user manual must include instructions on how to access the 
electronic display. A copy of these instructions must be included in 
the application for equipment authorization.
    (vii) The modular transmitter must comply with any specific rules 
or operating requirements that ordinarily apply to a complete 
transmitter and the manufacturer must provide adequate instructions 
along with the module to explain any such requirements. A copy of these 
instructions must be included in the application for equipment 
authorization.
    (viii) The modular transmitter must comply with any applicable RF 
exposure requirements in its final configuration.
    (2) Split modular transmitters must meet the requirements in 
paragraph (a)(1) of this section, excluding paragraphs (a)(1)(i) and 
(a)(1)(v), and the following additional requirements to obtain a 
modular transmitter approval.
    (i) Only the radio front end must be shielded. The physical crystal 
and tuning capacitors may be located external to the shielded radio 
elements. The interface between the split sections of the modular 
system must be digital with a minimum signaling amplitude of 150 mV 
peak-to-peak.
    (ii) Control information and other data may be exchanged between 
the transmitter control elements and radio front end.
    (iii) The sections of a split modular transmitter must be tested 
installed in a host device(s) similar to that which is representative 
of the platform(s) intended for use.
    (iv) Manufacturers must ensure that only transmitter control 
elements and radio front end components that have been approved 
together are capable of operating together. The transmitter module must 
not operate unless it has verified that the installed transmitter

[[Page 28894]]

control elements and radio front end have been authorized together. 
Manufacturers may use means including, but not limited to, coding in 
hardware and electronic signatures in software to meet these 
requirements, and must describe the methods in their application for 
equipment authorization.
    (b) A limited modular approval may be granted for single or split 
modular transmitters that do not comply with all of the above 
requirements, e.g., shielding, minimum signaling amplitude, buffered 
modulation/data inputs, or power supply regulation, if the manufacturer 
can demonstrate by alternative means in the application for equipment 
authorization that the modular transmitter meets all the applicable 
part 15 requirements under the operating conditions in which the 
transmitter will be used. Limited modular approval also may be granted 
in those instances where compliance with RF exposure rules is 
demonstrated only for particular product configurations. The applicant 
for certification must state how control of the end product into which 
the module will be installed will be maintained such that full 
compliance of the end product is always ensured.

[FR Doc. E7-9942 Filed 5-22-07; 8:45 am]
BILLING CODE 6712-01-P
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