Updating References to Standards Related to the Commission's Equipment Authorization Program, 15180-15190 [2022-05190]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Proposed Rules]
[Pages 15180-15190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05190]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 68, and 73

[ET Docket Nos. 21-363 and 19-48; FCC 22-3; FR ID 75329]


Updating References to Standards Related to the Commission's 
Equipment Authorization Program

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes targeted updates to its rules to incorporate new 
and updated standards that are integral to the testing of equipment and 
accreditation of laboratories that test RF devices.

DATES: Comments are due on or before April 18, 2022. Reply comments are 
due on or before May 16, 2022. Written comments on the Paperwork 
Reduction Act proposed information collection requirements must be 
submitted by the public, Office of Management and Budget (OMB), and 
other interested parties on or before May 16, 2022.

ADDRESSES: You may submit comments, identified by ET Docket No. 21-363, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People With Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Brian Butler, Office of Engineering 
and Technology, 202-418-2702,

[[Page 15181]]

[email protected]. For information regarding the PRA information 
collection requirements contained in this PRA, contact Nicole Ongele, 
Office of Managing Director, at (202) 418-2991 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), ET Docket No. 21-363, ET Docket No. 19-
48, FCC 22-3, adopted on January 24, 2022 and released on January 25, 
2022. The full text of this document is available by downloading the 
text from the Commission's website at: https://www.fcc.gov/document/fcc-proposes-updates-standards-used-equipment-authorization. When the 
FCC Headquarters reopens to the public, the full text of this document 
will also be available for public inspection and copying during regular 
business hours in the FCC Reference Center, 45 L Street NE, Washington, 
DC 20554. Alternative formats are available for people with 
disabilities (braille, large print, electronic files, audio format), by 
sending an email to [email protected] or calling the Consumer and 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY).

Comment Filing Procedures

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains proposed modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.

Ex Parte Rules--Permit-But-Disclose

    The proceeding this proposed rule initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules, 47 CFR 1.1200 et seq. Persons making ex parte 
presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda, or other filings in the proceeding, the presenter may 
provide citations to such data or arguments in his or her prior 
comments, memoranda, or other filings (specifying the relevant page 
and/or paragraph numbers where such data or arguments can be found) in 
lieu of summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Synopsis

I. Background

    The Commission's proposals are limited to the incorporation by 
reference of standards that are associated with equipment authorization 
and the recognition of Telecommunication Certification Bodies (TCBs). 
Incorporation by reference is the process that Federal agencies use 
when referring to materials published elsewhere to give those materials 
the same force and effect of law in the Code of Federal Regulations as 
if the materials' text had actually been published in the Federal 
Register. 5 U.S.C. 552(a)(1) and Office of the Federal Register, IBR 
Handbook 1 (July 2018), available at https://www.archives.gov/files/federal-register/write/handbook/ibr.pdf. By using incorporation by 
reference, the Commission gives effect to technical instructions, 
testing methodologies, and other process documents that are developed 
and owned by standards development organizations. Referencing these 
documents in the Commission's rules substantially reduces the volume of 
material that would otherwise be published in the Federal Register and 
the Code of Federal Regulations. It also permits the Commission to more 
efficiently implement future standards updates. Once the Commission 
completes any necessary notice-and-comment rulemaking proceedings and 
applies agency expertise to ensure that any standards adopted are sound 
and appropriate, the Commission need only update the references to the 
standards in its rules.

A. Equipment Authorization

    Section 302 of the Communications Act of 1934, as amended (the 
Act), 47 U.S.C. 302a(a), authorizes the Commission to make reasonable 
regulations governing the interference potential of devices that emit 
RF energy and can cause harmful interference to radio communications. 
The Commission generally implements this authority by establishing 
technical rules for RF devices. Examples may be found in 47 CFR parts 
15, 22, 24, 27, and 90. One of the primary ways in which the Commission 
ensures compliance with the technical rules is through the equipment 
authorization program for RF devices, procedures for which are codified 
in part 2 of its rules. 47 CFR part 2 subpart J. The Office of 
Engineering and Technology (OET) administers the day-to-day operation 
of the equipment authorization program under authority delegated by the 
Commission. 47 CFR 0.241(b).
    Part 2 of the Commission's rules provides two different approval 
procedures for RF devices subject to equipment authorization--
certification and Supplier's Declaration of Conformity (SDoC). 47 CFR 
2.901. Certification is a more rigorous approval process for RF devices 
with the greatest potential to cause harmful interference to other 
radio operations. A grant of certification is an equipment 
authorization issued by an FCC-recognized TCB based on an evaluation of 
the supporting documentation and test data submitted to the TCB. 47 CFR 
2.907. SDoC allows a device to be marketed on the basis of testing 
performed in accordance with a Commission-approved methodology by

[[Page 15182]]

the manufacturer, assembler, importer, or seller itself without the 
need to submit an application to a TCB. 47 CFR 2.906. While both 
processes involve laboratory testing to demonstrate compliance with 
Commission requirements, testing associated with certification must be 
performed by an FCC-recognized accredited testing laboratory. 47 CFR 
2.948(a).
    Additionally, part 68 of the Commission's rules sets forth 
requirements to ensure that terminal equipment can be connected to the 
telephone network without harming its functioning and for the 
compatibility of hearing aids and land-line telephones so as to ensure 
that, to the fullest extent made possible by technology and medical 
science, people with hearing loss have equal access to communications 
services. In furtherance of these goals, part 68 includes unique, but 
similar rules related to equipment approval, TCB review, and laboratory 
testing. 47 CFR part 68 subpart D.
Standards
    The Commission's equipment authorization rules, for example 47 CFR 
2.910, 2.950, and 15.38, incorporate by reference various standards 
that have been established by standards-setting bodies including, but 
not limited to, the American National Standards Institute, Accredited 
Standards Committee (ASC) C63, a standards organization that is 
responsible for developing electromagnetic compatibility (EMC) 
measurement standards and testing procedures; the International 
Organization for Standardization (ISO), an independent, non-
governmental international organization that develops voluntary 
international standards; and the International Electrotechnical 
Commission (IEC) which develops international standards for all 
electrical, electronic, and related technologies. Incorporating 
external standards within the Commission's rules has been a 
longstanding practice that reflects the Commission's desire, where 
appropriate, to harmonize its rules with international standards and 
aligns the Commission's rules with general federal agency guidance 
which urges government agencies to use industry developed standards 
rather than develop their own. OMB Circular A-119, Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities (updated Jan. 27, 
2016), available at https://www.whitehouse.gov/omb/information-for-agencies/circulars/.
1. Measurement Standards and Laboratory Testing Procedures.
    Compliance testing is central to the equipment authorization 
program. Section 2.947 of the Commission's rules requires test data be 
measured in accordance with one of three types of standards and 
measurement procedures, including those acceptable to the Commission 
and published by national engineering societies such as the Electronic 
Industries Association, the Institute of Electrical and Electronics 
Engineers, Inc., and the American National Standards Institute. 47 CFR 
2.947(a)(2). Accordingly, the Commission has incorporated by reference 
such standards into its rules when appropriate; use of these standards 
is intended to ensure the integrity of the measurement data associated 
with an equipment authorization. For example, certification 
applications for unlicensed part 15 intentional radiators (47 CFR 
15.3(o)) must include compliance measurement data that was obtained in 
accordance with the procedures specified in ANSI C63.10--2013, 
``American National Standard of Procedures for Compliance Testing of 
Unlicensed Wireless Devices'' (C63.10). 47 CFR 2.1041(a) and 
15.31(a)(3). Other part 15 devices that are not designed to purposely 
transmit RF energy, unintentional radiators (47 CFR 15.3(z)), must be 
tested under procedures specified in ANSI C63.4--2014: ``American 
National Standard for Methods of Measurement of Radio-Noise Emissions 
from Low-Voltage Electrical and Electronic Equipment in the Range of 9 
kHz to 40 GHz'' (C63.4). 47 CFR 2.1041(a) and 15.31(a)(4). In addition 
to measurement procedures, portions of C63.4 specify particular 
requirements for the characteristics of test sites that are referenced 
in the Commission's rules. 47 CFR 2.910(c)(1) and 2.948(d). 
Specifically, these ``test site validation'' requirements are premised 
on the assumption that an open area test site provides the best 
conditions for field strength measurements of radiated emissions and 
test sites other than open area sites may be employed if they are 
properly calibrated so that the measurement results correspond to what 
would be obtained from an open area test site. 47 CFR 15.31(d).
2. Accreditation Standards
    Compliance testing data associated with an application for 
certification must be obtained from a testing laboratory that has been 
accredited in accordance with the Commission's rules. 47 CFR 2.948(a). 
Accreditation of test laboratories is currently based on the 
International Organization for Standardization/International 
Electrotechnical Commission (ISO/IEC) Standard 17025:2005(E), ``General 
requirements for the competence of testing and calibration 
laboratories'' (ISO 17025), and on the FCC requirements. 47 CFR 
2.948(e). It is the responsibility of the accreditation body to review 
the qualifications of a test laboratory's personnel, management 
systems, and record keeping and reporting practices; to send recognized 
experts to observe testing at the laboratory; and to verify the testing 
laboratory's competence to perform tests in accordance with FCC-related 
measurement procedures. Section 2.949 of the Commission's rules sets 
forth the requirements for the recognition of laboratory accreditation 
bodies. An entity seeking to be recognized by the Commission as an 
accreditation body for test laboratories must demonstrate that it 
complies with applicable ISO and IEC standards for recognizing such 
bodies and that it is competent in assessing test laboratories to 
perform measurements in support of the applicable FCC technical 
regulations. 47 CFR 2.949. The ISO/IEC standard currently used for 
recognizing accreditation bodies is ISO/IEC 17011:2004(E), ``Conformity 
assessment--General requirements for accreditation bodies accrediting 
conformity assessment bodies'' (ISO:17011). 47 CFR 2.949(b)(1) and 
2.910(d)(1).

II. Discussion

    In response to advancements in technologies and measurement 
capabilities, standards bodies periodically update their standards or 
adopt new standards to reflect best practices. The Commission's 
proposals here are based on such developments, as further informed by 
petitions for rulemaking filed with the Commission. Specifically, the 
Commission addresses two petitions filed by ASC C63: One seeking to 
incorporate by reference into its rules a new standard pertaining to 
test site validation; and one proposing to incorporate by reference a 
newer version of a currently referenced standard that addresses a 
variety of compliance testing requirements. The Commission also 
clarifies the status of two standards on which OET previously sought 
comment. Office of Engineering and Technology Seeks Comment on 
Modifying the Equipment Authorization Rules to Reflect the Updated 
Versions of the Currently Referenced ANSI C63.4 and ISO/IEC 17025 
Standards, Public Notice, ET Docket No. 19-48, 34 FCC

[[Page 15183]]

Rcd 1904, 84 FR 20088 (May 8, 2019) (Standards Update Notice). The four 
standards subject to the NPRM proposals are briefly summarized in the 
table below.

----------------------------------------------------------------------------------------------------------------
                                                              Proposed
             Standard                   Standard being      affected rule    Summary of rationale for proposed
                                           replaced           sections                     change
----------------------------------------------------------------------------------------------------------------
C63.25.1--2018....................  N/A..................           2.910  Consolidates qualification and
                                    New standard.........           2.948   validation procedures for radiated
                                                                            test sites intended for use over
                                                                            various frequency ranges. The
                                                                            C63.25.1 standard included in this
                                                                            proposal covers 1 to 18 GHz.
C63.10--2020......................  C63.10--2013.........           15.31  Addresses changes in technology.
                                                                    15.38
ISO/IEC 17011:2017................  17011:2004...........           2.910  Provides more comprehensive
                                                                            requirements for accreditation
                                                                            bodies.
                                                                    2.948  .....................................
                                                                    2.949  .....................................
                                                                    2.950  .....................................
                                                                    2.960  .....................................
                                                                   68.160  .....................................
ISO/IEC 17025:2017................  17025:2005...........           2.910  Provides more comprehensive
                                                                            requirements for testing and
                                                                            calibration labs.
                                                                    2.948  .....................................
                                                                    2.949  .....................................
                                                                    2.962  .....................................
                                                                   68.162  .....................................
----------------------------------------------------------------------------------------------------------------

A. ``American National Standard Validation Methods for Radiated 
Emission Test Sites; 1 GHz to 18 GHz'' (C63.25.1)

    On March 6, 2020, ASC C63 filed a petition for rulemaking 
requesting that the Commission incorporate by reference into the test 
site validation requirements of Sec.  2.948(d) of the Commission's 
rules the ANSI C63.25.1--2018 standard, titled ``American National 
Standard Validation Methods for Radiated Emission Test Sites; 1 GHz to 
18 GHz'' (C63.25.1). Petition of the American National Standards 
Institute, Accredited Standards Committee, C63 Requesting adoption of 
ANSI C63.25.1--2018 into the Commission's part 2 rules for EMC test 
site validation from 1 GHz-18 GHz (filed March 6, 2020) https://www.fcc.gov/ecfs/filing/10306816406385 (C63.25.1 Petition). Under the 
Commission's current rules, measurement facilities used to make 
radiated emission measurements from 30 MHz to 1 GHz must comply with 
the site validation requirements in ANSI C63.4--2014 (clause 5.4.4), 
and, for radiated emission measurements from 1 GHz to 40 GHz the site 
validation requirements in ANSI C63.4--2014 (clause 5.5.1 a) 1)) apply. 
47 CFR 2.948(d). In the C63.25.1 Petition, ASC C63 asks the Commission 
to adopt the C63.25.1 standard as an additional option for test site 
validation of radiated emission measurements from 1 GHz to 18 GHz.
    ASC C63 describes how the C63.25.1 standard consolidates guidance 
from existing standards to provide test site validation procedures from 
1 GHz to 18 GHz while providing an additional testing methodology and 
states that it expects that future iterations of the standard will 
cover additional frequencies. For example, the C63.25.1 standard 
includes a CISPR 16 technique known as the site voltage standing wave 
ratio (SVSWR) approach to validate test sites for frequencies above 1 
GHz, which measures responses between antennas while varying their 
distances. C63.25.1 also introduces the option of using a new effective 
test validation method called time domain site validation (TDSV), which 
ASC C63 says is not yet available or recognized in comparable 
international standards. ASC C63 states that while TDSV is similar to 
SVSWR, in that both measure responses between antennas, varying the 
distance between antennas is not necessary; thus, it asserts, the TDSV 
method provides a reduction in the sensitivity of test results caused 
by small test setup changes at higher frequencies where the associated 
wavelengths are relatively short. Overall, ASC C63 asserts that TDSV 
improves measurement repeatability, provides additional information on 
the test site, and ``reduces the sensitivity of the test results caused 
by small test setup changes due to statistical post processing 
incorporated in the TDSV method,'' while requiring less time to perform 
the validation. In short, ASC C63 has described reasons why, even 
though both SVSWR and TDSV use the same acceptance criterion, parties 
might want to use the TDSV method.
    In consideration of ASC C63's request, the Commission proposes to 
incorporate ANSI C63.25.1--2018 into its rules, and to allow this 
standard to be used for test site validation of radiated emission 
measurements from 1 GHz to 18 GHz. The Commission tentatively concludes 
that the availability of this additional option would provide useful 
options and potential benefits in site validation testing, particularly 
considering that parties could continue to use the procedures currently 
described in the Commission's rules if they chose to do so. If the 
Commission adopts this proposal, it tentatively concludes that it is 
appropriate to incorporate the entire standard by reference. However, 
the Commission asks whether any procedures or techniques included in 
ANSI C63.25.1--2018 would not be appropriate for use in the context of 
demonstrating compliance with the Commission's equipment authorization 
rules. Commenters in this regard should provide details of their 
concerns and specifically cite any rule sections for which the new 
standard may be problematic. Additionally, for which other Commission 
rules would a reference to ANSI C63.25.1--2018 be appropriate? Because 
the Commission is proposing to incorporate ANSI C63.25.1--2018 as an 
option to an already existing requirement, the Commission tentatively 
concludes that there is no need to designate a transition period. The 
Commission seeks comment on these tentative conclusions.

[[Page 15184]]

B. ``American National Standard of Procedures for Compliance Testing of 
Unlicensed Wireless Devices'' (ANSI C63.10)

    On February 4, 2021, the Commission received a petition from ASC 
C63 requesting that it incorporate by reference ANSI C63.10--2020 
``American National Standard of Procedures for Compliance Testing of 
Unlicensed Wireless Devices'' into the rules. Petition of the American 
National Standards Institute, Accredited Standards Committee, C63 
Requesting adoption of ANSI C63.10--2020 into the parts 2 and 15 Rules 
for Compliance Testing Of Unlicensed Radio Devices (filed February 4, 
2021). https://www.fcc.gov/ecfs/filing/10204284915782 (C63.10 
Petition). This standard, which was approved by ANSI on September 10, 
2020, updates the measurement procedures set forth in ANSI C63.10--
2013, which is currently referenced in 47 CFR 2.910(c)(2), 2.950(g), 
and 15.38(g)(3). The standard addresses ``the procedures for testing 
the compliance of a wide variety of unlicensed wireless transmitters . 
. . including, but not limited to, remote control and security 
unlicensed wireless devices, frequency hopping and direct sequence 
spread spectrum devices, anti-pilferage devices, cordless telephones, 
medical unlicensed wireless devices, [U-NII] devices, intrusion 
detectors, unlicensed wireless devices operating on frequencies below 
30 MHz, automatic vehicle identification systems, and other unlicensed 
wireless devices authorized by a radio regulatory authority.'' Daniel 
Hoolihan, The American National Standards Committee on EMC--
C63[supreg]--An Update on Recent Standards Development Activities (June 
30, 2021), https://incompliancemag.com/article/the-american-national-standards-committee-on-emc-c63/.
    Specifically, this recent version of the standard includes the 
following changes and updates:
     Frequency hopping spread spectrum procedures were updated 
to ensure complete on and off times are correctly considered;
     Digital transmission system (DTS) and unlicensed national 
information infrastructure (U-NII) device procedures were updated to 
align with the latest FCC KDB guidance;
     Millimeter wave measurement procedures were updated;
     TV White Space test methods were added to the standard;
     Pulse desensitization considerations for frequency-
modulated continuous wave (FMCW) type signals are now addressed by the 
standard;
     Procedures were added for wireless power transfer (WPT) 
devices that transmit information on the charging frequency;
     Measurement procedures were generally updated to allow for 
more accurate analyzer sweep time settings where ``auto'' was 
previously required;
     Editorial corrections/updates were made;
     Requirements for including spectral plots were added; and
     An informative annex was included to provide an overview 
of dynamic frequency selection (DFS) for U-NII devices.
    In light of ASC C63's request, the Commission proposes to 
incorporate ANSI C63.10--2020 into its rules to replace existing 
references to ANSI C63.10--2013. The Commission tentatively concludes 
that it is appropriate to simply replace the existing standard 
references with references to the new standard, subject to an 
appropriate transition period. Are there any procedures or techniques 
included in ANSI C63.10--2020 that would not be appropriate for use in 
the context of demonstrating compliance with the Commission's equipment 
authorization rules? Commenters in this regard should provide details 
of their concerns and specifically cite any rule sections for which the 
new standard may be problematic. Would a transition period during which 
either version of ANSI C63.10 could be used remedy these concerns? If 
so, what time period would be appropriate, and should it generally 
apply to all rules affected by the new reference? Noting that testing 
laboratories are re-accredited every two years per 47 CFR 2.948(e), 
would a two-year transition be appropriate or would a shorter period be 
sufficient? Additionally, which, if any, of the Commission rules that 
do not currently reference ANSI C63.10--2013 should reference ANSI 
C63.10--2020?

C. ``Conformity assessment--Requirements for accreditation bodies 
accrediting conformity assessment bodies'' (ISO/IEC 17011)

    Applications for RF devices that are subject to the certification 
requirements of part 2 of the Commission's rules must be filed with, 
and approved by, an accredited TCB. 47 CFR 2.907, 2.960(b). 
Additionally, terminal equipment intended for connection to the public 
switched telephone network must be subject to certification by a TCB or 
the Supplier's Declaration of Conformity procedures as set forth in 
part 68 of the Commission's rules. 47 CFR 68.201.Testing laboratories 
that provide compliance measurement data associated with part 2 
certification applications also must be accredited. 47 CFR 2.948(a). In 
these instances, TCBs and testing laboratories are accredited by a 
``conformity assessment body,'' that meets the requirements and 
conditions of ISO/IEC 17011:2004 ``Conformity assessment--Requirements 
for accreditation bodies accrediting conformity assessment bodies.'' 47 
CFR 2.960 and 2.949. ISO/IEC 17011:2004 was incorporated into the 
Commission's rules in 2014. See FCC Modifies Equipment Authorization 
Rules, ET Docket No. 13-44, Report and Order, 29 FCC Rcd 16335, 16356-
58, paras. 50-53; 80 FR 33425, 33430-31 (June 12, 2015). A new version 
of this standard, ISO/IEC 17011:2017, was published in November 2017. 
The revisions to the standard incorporate changes related to alignment 
with the International Organization for Standardization's Committee on 
Conformity Assessment (CASCO) common structure for standards and 
incorporation of CASCO common elements in clauses on impartiality, 
confidentiality, complaints and appeal, and management system; 
recognition of proficiency testing as an accreditation activity; 
addition of new definitions; introduction of the concept of risk; and 
incorporation of competence criteria in the document, including an 
informative annex on knowledge and skills. See International 
Organization for Standardization, ISO/IEC 17011:2004(E): Conformity 
assessment--General requirements for accreditation bodies accrediting 
conformity assessment bodies, First Edition, (September 2004); 
International Organization for Standardization, ISO/IEC 17011:2017: 
Conformity assessment--Requirements for accreditation bodies 
accrediting conformity assessment bodies, Second Edition (November 
2017). The Commission proposes to replace the references to ISO/IEC 
17011:2004(E) in 47 CFR 2.910, 2.948, 2.949, 2.950, 2.960, and 68.160 
with references to ISO/IEC 17011:2017(E), subject to a reasonable 
transition period. Commenters with concerns related to updating any of 
these references should specifically cite any rule sections for which 
the updated standard may be problematic or portions of ISO/IEC 
17011:2017(E) that should be excluded from the updated incorporation by 
reference and provide alternatives or a detailed explanation of their 
concerns. To ensure adequate time for the transition, the Commission 
proposes a two-year transition period during which both versions of 
ISO/IEC

[[Page 15185]]

17011 could be used. Is this time period sufficient and, if not, what 
would be an appropriate timeframe?

D. Other Standards

1. 2019 Public Notice
    In April of 2019, OET sought comment on updating the Commission's 
rules to reflect recent changes to two standards: ISO/IEC 17025:2017(E) 
``General requirements for the competence of testing and calibration 
laboratories'' and ANSI C63.4a--2017 ``American National Standard for 
Methods of Measurement of Radio-Noise Emissions from Low-Voltage 
Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz, 
Amendment 1: Test Site Validation.'' In opening up the instant docket, 
we seek a fresh record on these matters, as set forth in the proposals 
that we lay out in detail below. Accordingly, we are terminating the 
docket that the Standards Update Notice had opened (i.e., ET Docket No. 
19-48).
a. ``General Requirements for the Competence of Testing and Calibration 
Laboratories'' (ISO/IEC 17025)
    Measurement data intended to demonstrate compliance with certain 
Commission requirements must be obtained from an accredited testing 
laboratory. 47 CFR 2.948(a). Currently, 47 CFR 2.910, 2.948, 2.949, 
2.962, and 68.162 reference ISO/IEC 17025:2005(E) for the requirements 
related to test laboratory accreditation. Laboratory accreditation 
bodies assess a variety of aspects of a laboratory, including the 
technical competence of staff; the validity and appropriateness of test 
methods; traceability of measurements and calibration to national 
standards; suitability, calibration, and maintenance of the testing 
environment; sampling, handling, and transportation of test items; and 
quality assurance of test and calibration data. In November 2017, ISO/
IEC published ISO/IEC 17025:2017(E)--a new version of the test 
laboratory accreditation standard currently referenced in the 
Commission's rules. In addition to adding a definition of 
``laboratory,'' the new version replaces certain prescriptive 
requirements with performance-based requirements and allows for greater 
flexibility in satisfying the standard's requirements for processes, 
procedures, documented information, and organizational 
responsibilities.
    Standards Update Notice, 34 FCC Rcd at 1905 and n.8 (citing ISO/IEC 
17025 General requirements for the competence of testing and 
calibration laboratories, ISO (2017), available at https://www.ukas.com/download/brochures/ISO-17025-Brochure_EN_FINAL.pdf).
    In the Standards Update Notice, OET proposed to update the 
Commission's rules by replacing references to ISO/IEC 17025:2005(E) 
with references to ISO/IEC 17025:2017(E). All comments received were 
supportive of this updated reference. ANSI ASC C63, while supportive, 
stated that ``ASC C63 also supports the transition period (two years 
are remaining) to the mandatory use of ISO/IEC 17025:2017; provided 
however, that the FCC only accept test lab accreditations for labs that 
meet the requirements of Clause 8.1--Option A of the standard, and that 
such accreditations explicitly state that the test lab is accredited 
only in accordance with Option A.'' Reply Comments of ASC C63, ET 
Docket No. 19-48, at 2.
    The Commission proposes to incorporate by reference into its rules 
ISO/IEC 17025:2017 in its entirety, including Clause 8.1--Option A and 
Option B and update 47 CFR 68.162(d)(1) to correct typographical errors 
in the reference of two standards: ISO/IEC 17065 and ISO/IEC 17025. No 
other party has raised concerns with the availability of two options 
and ASC C63 did not provide detailed rationale to support their request 
to incorporate only Option A. In fact, Annex B of ISO/IEC 17025:2017 
states that ``[b]oth options are intended to achieve the same result in 
the performance of the management system and compliance with clauses 4 
to 7.'' It is the Commission's understanding that Option B would allow 
laboratories to operate a quality management system that conforms to a 
certain standard from the International Organization for 
Standardization (i.e., ISO 9001) and that Option A of ISO/IEC 
17025:2017 incorporates relevant requirements of that same standard. 
OET believes that Option A is more commonly used but Option B is 
available because some organizations have implemented an ISO 9001 
system and would not need to take additional actions to demonstrate 
compliance. International Organization for Standardization, ISO/IEC 
17025:2017: General requirements for the competence of testing and 
calibration laboratories at Appendix B, Third Edition (November 2017). 
Accordingly, the Commission tentatively concludes that the flexibility 
of both options would enable entities who have already implemented a 
quality management system that would satisfy Option B to avoid the need 
to take further steps to demonstrate compliance and it seeks comment on 
this tentative conclusion and on any concerns with providing both 
options.
    While both ISO/IEC 17025:2005(E) and ISO/IEC 17025:2017(E) were 
considered valid during the transition period in effect at the time of 
the Standards Update PN, accreditations to ISO/IEC 17025:2005(E) became 
invalid after June 1, 2021. In the Standards Update PN, OET proposed to 
adopt a three-year transition period for use of the proposed updated 
standard. In consideration of the time that has passed since 
publication of the Standards Update PN, combined with the facts that 
the Commission's rules require test laboratories to complete the 
accreditation process every two years (47 CFR 2.948(e)) and that the 
prior standard has since become invalid within the standards body, the 
Commission proposes a two-year transition period for compliance with 
ISO/IEC 17025:2017(E). The Commission seeks comment on the duration of 
this proposed transition period and how it should be reflected in any 
transition plans that it adopts.
b. ``Addendum to the American National Standard for Methods of 
Measurement of Radio-Noise Emissions from Low-Voltage Electrical and 
Electronic Equipment in the Range of 9 kHz to 40 GHz, Amendment 1: Test 
Site Validation'' (ANSI C63.4a--2017)
    In late 2017, ASC C63 published ANSI C63.4a--2017 ``Addendum to the 
American National Standard for Methods of Measurement of Radio-Noise 
Emissions from Low-Voltage Electrical and Electronic Equipment in the 
Range of 9 kHz to 40 GHz, Amendment 1: Test Site Validation'' (ANSI 
C63.4a--2017). ASC C63 requested that we incorporate by reference in 
the Commission's rules ANSI C63.4a--2017 to replace the existing ANSI 
C63.4--2014: ``American National Standard for Methods of Measurement of 
Radio-Noise Emissions from Low-Voltage Electrical and Electronic 
Equipment in the Range of 9 kHz to 40 GHz'' (ANSI C63.4). ASC C63 
originally filed comments in ET Docket No. 15-170, which were 
subsequently moved into ET Docket No 19-48. The Commission's rules 
reference ANSI 63.4 as an electromagnetic compatibility (EMC) 
measurement standard for unintentional radiators. 47 CFR 2.910, 2.948, 
2.950, 15.31, 15.35, and 15.38. As described in ASC C63's filing, the 
standard was updated to resolve certain normalized site attenuation 
issues (including the measurement of equipment under test that exceeds 
2 meters in height) and make a variety of corrections, clarifications, 
and

[[Page 15186]]

modifications. In the Standards Update Notice, OET sought comment on 
incorporating by reference ANSI C63.4a--2017 in the appropriate rules. 
Standards Update Notice at 1904-05. Some commenters supported 
incorporation of the amended standard. However, the Commission received 
several negative comments, generally citing costs associated with the 
procedure and stating that there were no problems with existing 
procedures that warrant adopting an alternative procedure. Further, the 
Commission indicates its understanding that ASC C63 has made 
substantial progress toward addressing these and other controversial 
issues in a pending modification. Based on the comments received and 
the potential development of an additional modification to the 
standard, the Commission tentatively concludes that ANSI C63.4 
continues to sufficiently address current needs and that incorporation 
by reference of ANSI C63.4a--2017 into its rules is not warranted at 
this time. The Commission seeks comment on this tentative conclusion.
2. Additional Updates: ``Calibration and Testing Laboratory 
Accreditation Systems--General Requirements for Operation and 
Recognition'' (ISO/IEC Guide 58:1993(E)); ``General Requirements for 
Assessment and Accreditation of Certification/Registration Bodies'' 
(ISO/IEC Guide 61:1996(E)); and ``General Requirements for Bodies 
Operating Product Certification Systems'' (ISO/IEC Guide 65:1996(E))
    The Commission notes that its part 2 rules incorporate several 
references that have become outdated as a result of prior updates to 
standards that were phased in over specific transition periods. 47 CFR 
2.910 and 2.950. Once the transition period passed, the newer standards 
became the only valid procedure for compliance with the Commission's 
rules, rendering the prior references no longer relevant. Accordingly, 
the Commission proposes to delete from Sec.  2.910 of the Commission's 
rules references to: ISO/IEC Guide 58:1993(E), ``Calibration and 
testing laboratory accreditation systems--General requirements for 
operation and recognition,'' First Edition 1993; ISO/IEC Guide 
61:1996(E), ``General requirements for assessment and accreditation of 
certification/registration bodies,'' First Edition 1996; and (6) ISO/
IEC Guide 65:1996(E), ``General requirements for bodies operating 
product certification systems.'' The Commission also proposes to delete 
the related transition periods provided in Sec.  2.950. 47 CFR 
2.910(d)4 through 6 and 47 CFR 2.950 (b), (c) and (d). Additionally, 
the Commission also proposes to make administrative changes to its 
rules to reflect any necessary changes to rule cross references that 
would result from the proposed rule changes.
    The Commission seeks comment on whether there are additional 
conforming or administrative updates to its t rules that should be 
considered. Additionally, the Commission asks what other rule 
modifications, including updating other standards currently referenced 
in the rules or incorporating by reference additional standards not 
currently referenced in the rules, would be necessary to give full 
effect to its proposals? Because the standards-setting process is 
marked by ongoing work to create, review, and update standards, the 
Commission recognizes that the proposals are part of a larger and 
continuing effort to ensure that its rules incorporate appropriate 
standards and reflect relevant standards updates. Commission staff 
actively monitor the work of standards development organizations, and 
the Commission is aware that additional standards relevant to the 
telecommunications sector are in various stages of drafting, voting, 
and publication. While such developments may warrant the Commission's 
consideration in the future, it is not seeking comment on such 
standards within this Notice of Proposed Rulemaking.

III. Incorporation by Reference

    Sections 2.910 and 2.948 of the proposed rules provide for an 
additional standard (``American National Standard Validation Methods 
for Radiated Emission Test Sites; 1 GHz to 18 GHz'' (ANSI C63.25.1)) 
that would be used for test site validation of radiated emission 
measurements from 1 GHz to 18 GHz. Sections 15.31 and 15.38 of the 
proposed rules provide for a standard (``American National Standard of 
Procedures for Compliance Testing of Unlicensed Wireless Devices'' 
(ANSI C63.10)) that would update existing procedures for testing the 
compliance of a wide variety of unlicensed wireless transmitters. 
Sections 2.910, 2.948, 2.949, 2.950, 2.960, and 68.160 provide for a 
standard (``Conformity assessment--Requirements for accreditation 
bodies accrediting conformity assessment bodies'' (ISO/IEC 17011)) that 
would update requirements and conditions for conformity assessment 
bodies that accredit TCBs and testing laboratories. Sections 2.910, 
2.948, 2.949, 2.962, and 68.62 provide a standard (``General 
requirements for the competence of testing and calibration 
laboratories'' (ISO/IEC 17025)) that would replace certain prescriptive 
requirements with performance-based requirements for test laboratory 
accreditation. The OFR has regulations concerning incorporation by 
reference. 1 CFR part 51. These regulations require that, for a 
proposed rule, agencies must discuss in the preamble to the proposed 
rule the way in which materials that the agency incorporates by 
reference are reasonably available to interested parties, and how 
interested parties can obtain the materials. Additionally, the preamble 
to the proposed rule must summarize the material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, the discussion in 
section II.A. of this preamble summarizes the provisions of ANSI 
C63.25.1--2018. Interested persons may purchase a copy of ANSI C63.25.1 
from the sources provided in 47 CFR 2.910. A copy of the standard may 
also be inspected at the FCC's main office. The discussion in section 
II.B. of this preamble summarizes the provisions of ANSI C63.10--2020. 
Interested persons may purchase a copy of ANSI C63.10--2018 from the 
sources provided in 47 CFR 2.910. A copy of the standard may also be 
inspected at the FCC's main office. The discussion in section II.C. of 
this preamble summarizes the provisions of ISO/IEC 17011:2017(E). 
Interested persons may purchase a copy of ISO/IEC 17011:2017(E) from 
the sources provided in 47 CFR 2.910. A copy of the standard may also 
be inspected at the FCC's main office. The discussion in sections 
I.A.1. and II.D.1.a of this preamble summarizes the provisions of ISO/
IEC 17025:2005(E). Interested persons may purchase a copy of ISO/IEC 
17025:2005(E) from the sources provided in 47 CFR 2.910. A copy of the 
standard may also be inspected at the FCC's main office. The discussion 
in section II.D.1.a. of this preamble summarizes the provisions of ISO/
IEC 17025:2017(E). Interested persons may purchase a copy of ISO/IEC 
17011:2017(E) from the sources provided in 47 CFR 2.910. A copy of the 
standard may also be inspected at the FCC's main office.

IV. Procedural Matters

    Initial Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act of 1980 (RFA) (see 5 U.S.C. 603), as amended 
(RFA), the Commission has prepared an Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on a 
substantial number of small entities of the proposals addressed in this 
Notice of Proposed Rulemaking.

[[Page 15187]]

The IRFA is found in Appendix B. Written public comments are requested 
on the IRFA. These comments must be filed in accordance with the same 
filing deadlines for comments on the Notice of Proposed Rulemaking, and 
they should have a separate and distinct heading designating them as 
responses to the IRFA. The Commission's Consumer and Governmental 
Affairs Bureau, Reference Information Center, will send a copy of this 
Notice of Proposed Rulemaking, including the IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration, in accordance with 
the RFA. See 5 U.S.C. 603(a).
    Paperwork Reduction Act. This document contains proposed modified 
information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in this document, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment 
on how we might further reduce the information collection burden for 
small business concerns with fewer than 25 employees.
    Ex Parte Rules--Permit but Disclose. Pursuant to Sec.  1.1200(a) of 
the Commission's rules, (47 CFR 1.1200(a)) this Notice of Proposed 
Rulemaking shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules. 47 CFR 1.1200 et seq. 
Persons making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

List of Subjects

47 CFR Parts 2, and 68

    Communications equipment, Incorporation by reference, Reporting and 
recordkeeping requirements, Telecommunications.

47 CFR Part 15

    Communications equipment, Incorporation by reference, Reporting and 
recordkeeping requirements.

47 CFR Part 73

    Communications equipment, Reporting and recordkeeping requirements, 
Telecommunications.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2, 15, 68, and 
73 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, and 336.
0
2. Revise Sec.  2.910 to read as follows:


Sec.  2.910  Incorporation by Reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than 
that specified in this section, the Federal Communications Commission 
(FCC) must publish a document in the Federal Register and the material 
must be available to the public. All approved material is available for 
inspection at the FCC and at the National Archives and Records 
Administration (NARA). Contact FCC at the address indicated in 47 CFR 
0.401(a), tel: (202) 418-0270. For information on the availability of 
this material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the following source(s):
    (a) International Electrotechnical Commission (IEC), IEC Central 
Office, 3, rue de Varembe, CH-1211 Geneva 20, Switzerland; email: 
[email protected]; website: www.iec.ch.
    (1) CISPR 16-1-4:2010-04: ``Specification for radio disturbance and 
immunity measuring apparatus and methods--Part 1-4: Radio disturbance 
and immunity measuring apparatus--Antennas and test sites for radiated 
disturbance measurements'', Edition 3.0, 2010-04; IBR approved for 
Sec.  2.948(d).
    (2) [Reserved]
    (b) Institute of Electrical and Electronic Engineers (IEEE), 2001 L 
Street NW, Suite 700, Washington, DC 20036-4910, tel: +1 800 701 IEEE 
(USA and Canada), +1 732 981 0060 (Worldwide), email: [email protected]; website: www.ieee.org.
    (1) ANSI C63.4--2014: ``American National Standard for Methods of 
Measurement of Radio-Noise Emissions from Low-Voltage Electrical and 
Electronic Equipment in the Range of 9 kHz to 40 GHz'', ANSI approved 
June 13, 2014 ; IBR approved for Sec.  2.948(d).
    (2) ANSI C63.25.1--2018, ``American National Standard Validation 
Methods for Radiated Emission Test Sites, 1 GHz to 18 GHz'', ANSI 
approved December 17, 2018; IBR approved for Sec.  2.948(d).
    (3) ANSI C63.26--2015, ``American National Standard of Procedures 
for Compliance Testing of Transmitters Used in Licensed Radio 
Services'', ANSI approved December 11, 2015, IBR approved for Sec.  
2.1041(b).
    (c) International Organization for Standardization (ISO), 1, ch. De 
la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; tel.: + 41 22 
749 01 11; fax: + 41 22 733 34 30; email: [email protected]; website: 
www.iso.org.
    (1) ISO/IEC 17011:2004(E), ``Conformity assessment--General 
requirements for accreditation bodies accrediting conformity assessment 
bodies'', First Edition, 2004-09-01; IBR approved for Sec. Sec.  
2.948(e); 2.949(b); 2.950(a); 2.960(c).
    (2) ISO/IEC 17011:2017(E), ``Conformity assessment--Requirements 
for accreditation bodies accrediting

[[Page 15188]]

conformity assessment bodies'', Second Edition, November 2017; IBR 
approved for Sec. Sec.  2.948(e); 2.949(b); 2.950(a); 2.960(c).
    (3) ISO/IEC 17025:2005(E), ``General requirements for the 
competence of testing and calibration laboratories'', Second Edition, 
2005-05-15; IBR approved for Sec. Sec.  2.948(e); 2.949(b); 2.950(b); 
2.962(c) and (d).
    (4) ISO/IEC 17025:2017, ``General requirements for the competence 
of testing and calibration laboratories'', Third Edition, November 
2017; IBR approved for Sec. Sec.  2.948(e); 2.949(b); 2.950(b); 
2.962(c) and (d).
    (5) ISO/IEC 17065:2012(E), ``Conformity assessment--Requirements 
for bodies certifying products, processes and services'', First 
Edition, 2012-09-15; IBR approved for Sec. Sec.  2.960(b); 2.962(b), 
(c), (d), (f), and (g).

    Note 1 to Sec.  2.910:  The standard(s) listed in paragraph (b) 
of this section may also be obtained through the IEEE Standards 
Association Standards Store: P.O. Box 95715, Chicago, IL 60694-5715; 
website: www.techstreet.com/ieee.


    Note 2 to Sec.  2.910: The standard(s) listed in paragraphs (b) 
and (c) of this section may also be obtained from the American 
National Standards Institute (ANSI) through its NSSN operation 
(www.nssn.org), at Customer Service, American National Standards 
Institute, 25 West 43rd Street, New York, NY 10036, phone: (212) 
642-4900.

0
3. Amend Sec.  2.948 by revising paragraph (d) to read as follows:


Sec.  2.948  Measurement facilities.

* * * * *
    (d) When the measurement method used requires the testing of 
radiated emissions on a validated test site, the site attenuation must 
comply with the requirements of sections 5.4.4 through 5.5 of the 
following procedure: ANSI C63.4 (incorporated by reference, see Sec.  
2.910). Measurement facilities used to make radiated emission 
measurements from 30 MHz to 1 GHz must comply with the site validation 
requirements in ANSI C63.4 (clause 5.4.4); for radiated emission 
measurements from 1 GHz to 18 GHz must comply with either the site 
validation requirement of ANSI C63.25.1 or ANSI C63.4 (clause 5.5.1 a) 
1)), such that the site validation criteria called out in CISPR 16-1-4 
(incorporated by reference, see Sec.  2.910) is met; for radiated 
emission measurements from 18 GHz to 40 GHz must comply with the site 
validation requirement of ANSI C63.4 (clause 5.5.1 a) 1)), such that 
the site validation criteria called out in CISPR 16-1-4 (incorporated 
by reference, see Sec.  2.910) is met. Test site revalidation must 
occur on an interval not to exceed three years.
* * * * *
0
4. Revise Sec.  2.950 to read as follows:


Sec.  2.950  Transition periods.

    (a) Prior to [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], an 
organization accrediting the prospective accredited testing laboratory 
must be capable of meeting the requirements and conditions of ISO/IEC 
17011:2004 (incorporated by reference, see Sec.  2.910) or ISO/IEC 
17011:2017 (incorporated by reference, see Sec.  2.910). On or after 
[DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], an organization 
accrediting the prospective accredited testing laboratory must be 
capable of meeting the requirements and conditions of ISO/IEC 
17011:2017 (incorporated by reference, see Sec.  2.910).
    (b) Prior to [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], an 
organization accrediting the prospective accredited testing laboratory 
must be capable of meeting the requirements and conditions of ISO/IEC 
17025:2005 (incorporated by reference, see Sec.  2.910) or ISO/IEC 
17025:2017 (incorporated by reference, see Sec.  2.910). On or after 
[DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], an organization 
accrediting the prospective accredited testing laboratory must be 
capable of meeting the requirements and conditions of ISO/IEC 
17025:2017 (incorporated by reference, see Sec.  2.910).
    (c) All radio frequency devices that were authorized under the 
verification or Declaration of Conformity procedures prior to November 
2, 2017, must continue to meet all requirements associated with the 
applicable procedure that were in effect immediately prior to November 
2, 2017. If any changes are made to such devices after November 2, 
2018, the requirements associated with the Supplier's Declaration of 
Conformity apply.

PART 15--RADIO FREQUENCY DEVICES

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

    Authority:  47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.

0
6. Amend Sec.  15.31 by revising paragraph (a)(3) to read as follows:


Sec.  15.31  Measurement standards.

    (a) * * *
    (3) Other intentional radiators must be measured for compliance 
using the following procedure: ANSI C63.10 (incorporated by reference, 
see Sec.  15.38).
* * * * *
0
7. Amend Sec.  15.37 by adding paragraph (r) to read as follows:


Sec.  15.37  Transition provisions for compliance with this part.

* * * * *
    (r) Prior to [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], 
measurements for intentional radiators subject to Sec.  15.31(a)(3) 
must be made using the procedures in ANSI C63.10--2013 or ANSI C63.10--
2020 (incorporated by reference, see Sec.  15.31(a)(3)). On or after 
[DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], measurements for 
intentional radiators subject to this part 15 must be made using the 
procedures in ANSI C63.10--2020 (incorporated by reference, see Sec.  
15.31(a)(3)).
0
8. Amend Sec.  15.38 as follows:
0
a. Throughout the section,
0
i. By removing the text ``The following documents are available from 
the following address:'' wherever it appears;
0
ii. By removing the text ``The following document is available from 
the'' in paragraph (e); and
0
iii. By removing the text ``The following documents are available from 
the following address:'' in paragraph (h);
0
b. By revising paragraphs (a) and (g).
    The revisions read as follows:


Sec.  15.38  Incorporation by Reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the Federal Communications 
Commission (FCC) must publish a document in the Federal Register and 
the material must be available to the public. All approved material is 
available for inspection at the FCC and at the National Archives and 
Records Administration (NARA). Contact FCC at the address indicated in 
47 CFR 0.401(a), Tel: (202) 418-0270. For information on the 
availability of this material at NARA, email: [email protected], 
or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The 
material may be obtained from the source(s) in the following 
paragraph(s) of this section.
* * * * *
    (g) Institute of Electrical and Electronic Engineers (IEEE), 2001 L 
Street NW, Suite 700, Washington, DC 20036-4910, tel: +1 800 701 IEEE 
(USA and Canada), +1 732 981 0060 (Worldwide), email: [email protected]; website: www.ieee.org.
    (1) ANSI C63.4--2014: ``American National Standard for Methods of 
Measurement of Radio-Noise Emissions

[[Page 15189]]

from Low-Voltage Electrical and Electronic Equipment in the Range of 9 
kHz to 40 GHz'' ' ANSI approved June 13, 2014; IBR approved for 
Sec. Sec.  15.31(a); 15.35(a).
    (2) ANSI C63.10--2013, ``American National Standard of Procedures 
for Compliance Testing of Unlicensed Wireless Devices'', ANSI approved 
June 27, 2013; IBR approved for Sec. Sec.  15.31(a); 15.37(r) .
    (3) ANSI C63.10--2020, ``American National Standard of Procedures 
for Compliance Testing of Unlicensed Wireless Devices'', ANSI approved 
January 29, 2021; IBR approved for Sec. Sec.  15.31(a); 15.37(r).
* * * * *

    Note 1 to Sec.  15.38:  The standard(s) listed in paragraph (g) 
of this section may also be obtained through IEEE Standards 
Association Store: P.O. Box 95715, Chicago, IL 60694-5715; website: 
www.techstreet.com/ieee.

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

0
9. The authority citation for part 68 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, and 610.

0
10. Amend Sec.  68.160 by revising paragraphs (c)(1) and (d) to read as 
follows:


Sec.  68.160  Designation of Telecommunication Certification Bodies 
(TCBs).

* * * * *
    (c) * * *
    (1) Prior to [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], the 
organization accrediting the prospective telecommunication 
certification body must be capable of meeting the requirements and 
conditions of ISO/IEC 17011:2014 or ISO/IEC 17011:2017. On or after 
[DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], the organization 
accrediting the prospective telecommunication certification body must 
be capable of meeting the requirements and conditions of ISO/IEC 
17011:2017.
* * * * *
    (d) Incorporation by reference. The material listed in this 
paragraph (d) is incorporated by reference into this section with the 
approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Federal Communications Commission (FCC) 
must publish a document in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the FCC and at the National Archives and Records 
Administration (NARA). Contact FCC at the address indicated in 47 CFR 
0.401(a), Tel: (202) 418-0270. For information on the availability of 
this material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the following source(s) in this paragraph (d):
    (1) International Organization for Standardization (ISO), 1, ch. De 
la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org; 
Tel.: + 41 22 749 01 11; Fax: + 41 22 733 34 30; email: 
[email protected].
    (i) ISO/IEC 17011:2004(E), ``Conformity assessment--General 
requirements for accreditation bodies accrediting conformity assessment 
bodies,'' First Edition, 2004-09-01.
    (ii) ISO/IEC 17011:2017(E), ``Conformity assessment--Requirements 
for accreditation bodies accrediting conformity assessment bodies,'' 
Second Edition, November 2017.
    (iii) ISO/IEC 17065:2012(E), ``Conformity assessment--Requirements 
for bodies certifying products, processes and services,'' First 
Edition, 2012-09-15.
    (2) [Reserved]

    Note 1 to paragraph (d):  The standard(s) listed in paragraph 
(d)(1) of this section are also available from {1{time}  
International Electrotechnical Commission (IEC) Central Office, 3, 
rue de Varembe, CH-1211 Geneva 20, Switzerland; email: 
[email protected]; website: www.iec.ch; and {2{time}  American National 
Standards Institute (ANSI) through its NSSN operation 
(www.nssn.org), Customer Service, American National Standards 
Institute, 25 West 43rd Street, New York, NY 10036; telephone: (212) 
642-4900.

0
11. Amend Sec.  68.162 by revising paragraphs (d)(1) and (i) to read as 
follows:


Sec.  68.162  Requirements for Telecommunication Certification Bodies.

* * * * *
    (d) * * *
    (1) In accordance with the provisions of ISO/IEC 17065 the 
evaluation of a product, or a portion thereof, may be performed by 
bodies that meet the applicable requirements of ISO/IEC 17025 and ISO/
IEC 17065, in accordance with the applicable provisions of ISO/IEC 
17065, for external resources (outsourcing) and other relevant 
standards. Evaluation is the selection of applicable requirements and 
the determination that those requirements are met. Evaluation may be 
performed by using internal TCB resources or external (outsourced) 
resources.
* * * * *
    (i) Incorporation by reference. The material listed in this 
paragraph (i) is incorporated by reference into this section with the 
approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Federal Communications Commission (FCC) 
must publish a document in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the FCC and at the National Archives and Records 
Administration (NARA). Contact FCC at the address indicated in 47 CFR 
0.401(a), Tel: (202) 418-0270. For information on the availability of 
this material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the following source(s) in this paragraph (i):
    (1) International Organization for Standardization (ISO), 1, ch. De 
la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org; 
Tel.: + 41 22 749 01 11; Fax: + 41 22 733 34 30; email: 
[email protected].
    (i) ISO/IEC 17025:2017, ``General requirements for the competence 
of testing and calibration laboratories,'' Third Edition, November 
2017.
    (ii) ISO/IEC 17065:2012(E), ``Conformity assessment--Requirements 
for bodies certifying products, processes and services,'' First 
Edition, 2012-09-15.
    (2) [Reserved]

    Note 1 to paragraph (i):  The standard(s) listed in paragraph 
(i)(1) of this section are also available from {1{time}  
International Electrotechnical Commission (IEC) Central Office, 3, 
rue de Varembe, CH-1211 Geneva 20, Switzerland; email: 
[email protected]; website: www.iec.ch; and {2{time}  American National 
Standards Institute (ANSI) through its NSSN operation 
(www.nssn.org), Customer Service, American National Standards 
Institute, 25 West 43rd Street, New York, NY 10036; telephone: (212) 
642-4900.


[[Page 15190]]



PART 73--RADIO BROADCAST SERVICES

0
12. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.

0
13. Amend Sec.  73.1660 by revising Note 1 to paragraph (a)(1) to read 
as follows:


Sec.  73.1660  Acceptability of broadcast transmitters.

* * * * *

    Note 1 to paragraph (a)(1): The verification procedure has been 
replaced by Supplier's Declaration of Conformity. AM, FM, and TV 
transmitters previously authorized under subpart J of part 2 of this 
chapter may remain in use. See Sec.  2.950 of this chapter.

* * * * *
[FR Doc. 2022-05190 Filed 3-16-22; 8:45 am]
BILLING CODE 6712-01-P