Unlicensed Devices and Equipment Approval, 28889-28894 [E7-9942]
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Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations
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[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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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§ 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).
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(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
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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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\3\ See U.S.C. 603(b)(3).
\4\ Id. 601(3).
\5\ Id. 632.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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