Updating References to Standards Related to the Commission's Equipment Authorization Program, 67108-67116 [2023-20711]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67108-67116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20711]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 68, and 73

[ET Docket No. 21-363; FCC 23-14; FR ID 172974]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) updates the rules to incorporate four new and updated 
standards that are integral to equipment testing. By updating the 
Commission's rules to keep pace with significant developments in the 
standards-setting community, the Commission ensures that the equipment 
authorization program relies on the latest guidance so that the public 
has confidence that today's advanced devices comply with its technical 
rules.

DATES: This regulation is effective October 30, 2023. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of October 30, 2023.

FOR FURTHER INFORMATION CONTACT: Jamie Coleman, Office of Engineering 
and Technology, (202) 418-2705 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, in ET Docket No. 21-363; FCC 23-14, adopted on March 10, 
2023, and released on March 14, 2023. The full text of this document is 
available for public inspection and can be downloaded at: https://docs.fcc.gov/public/attachments/FCC-23-14A1.pdf. 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 Commission's Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), (202) 418-0432 (TTY).

Procedural Matters

    Final Regulatory Flexibility Analyses. The Regulatory Flexibility 
Act of 1980 (RFA) requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared a Final

[[Page 67109]]

Regulatory Flexibility Analysis (FRFA) concerning the possible impact 
of the rule changes and/or policy contained in the Report and Order on 
small entities. As required by the RFA, an Initial Regulatory 
Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed 
Rulemaking (NPRM), 87 FR 151189 (March 17, 2022). The Commission sought 
written public comment on the proposals in the NPRM, including comments 
on the IRFA. No comments were filed addressing the IRFA. Accordingly, 
the Commission has prepared a Final Regulatory Flexibility Analysis 
(FRFA) concerning the possible impact of the rule changes contained in 
the document on small entities. The present FRFA conforms to the RFA 
and can be viewed under Appendix B of the item.
    Paperwork Reduction Act. This document does not contain information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4). The Commission has described impacts that might affect 
small businesses, which includes most businesses with fewer than 25 
employees, in the Final Regulatory Flexibility Analysis (FRFA), and can 
be viewed under Appendix B of the item at: https://www.fcc.gov/document/fcc-updates-equipment-authorization-standards.
    Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The 
Commission will send a copy of this document to Congress and the 
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Synopsis

Background

    Section 302 of the Communications Act of 1934, as amended (the 
Act), 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. One of the primary ways 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. The Office of Engineering and Technology (OET) administers the 
day-to-day operation of the equipment authorization program.
    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). 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. 
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.
    Equipment testing is central to the equipment authorization program 
in ensuring that RF devices comply with Commission rules. Acknowledging 
the best practices widely followed by industry, the Commission's 
equipment authorization rules often incorporate by reference various 
standards established by standards-setting bodies, including, but not 
limited to, the American National Standards Institute (ANSI), 
Accredited Standards Committee C63 (ANSC C63); the International 
Organization for Standardization; and the International 
Electrotechnical Commission. Use of these standards is intended to 
ensure the integrity of the measurement data associated with an 
equipment authorization. Among other things, such standards provide 
procedures for conducting measurements at testing facilities and 
specify the conditions expected in the testing environment.

Discussion

    Standards bodies periodically update existing standards or adopt 
new standards to reflect best practices in response to advancements in 
technologies and measurement capabilities. The Commission initiated 
this proceeding in response to such developments. Specifically, in the 
NPRM, the Commission addressed two petitions filed by ANSC 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 proposed to clarify the status of two standards on which OET 
previously sought comment.

Incorporation by Reference

    Incorporation by reference (IBR) 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 (CFR) as if the materials' text had actually been published 
in the Federal Register. By using IBR, the Commission is able to give 
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 in 
accordance with requirements established by the Office of the Federal 
Register substantially reduces the volume of material that the 
Commission otherwise would have to publish in the Federal Register and 
the CFR. Once the Commission has completed any necessary notice-and-
comment rulemaking proceedings and determined based on the record that 
any standards the Commission adopts is sound and appropriate, the 
Commission need only update the references to the standards in the 
Commission's rules.
Availability of Materials
    As an initial matter, the Commission addresses a comment regarding 
the IBR process in general as opposed to the merits of the particular 
standards under consideration. Specifically, Public Resource Org. Inc., 
iFixit, Inc., and Make Community, LLC (Joint Commenters) express 
concerns related to ``the public availability and accessibility of 
documents that are proposed to be incorporated by reference into law.'' 
Joint Commenters claim that the materials subject to IBR should be 
broadly available to members of the public on a free and unrestricted 
basis (e.g., in a format that can be easily copied without cost), that 
the standards documents were not made available in this manner during 
the rulemaking process, and that the Commission's failure to do so was 
``illegal and arbitrary.'' Joint Commenters are concerned that the 
accessibility of the relevant materials is often limited by what it 
characterizes as onerous conditions put in place by the associated 
private entities. It asks that

[[Page 67110]]

the Commission ``restart'' the rulemaking process with ``everyone 
having free access and the right to copy'' the standards under 
consideration.
    The Commission recognizes that the benefit of using the IBR process 
to incorporate standards that are developed and hosted by professional 
standards development organizations into the rules--that the Commission 
can ``draw on the expertise and resources of private sector standard 
developers to serve the public interest''--is typically accompanied 
with limitations on how those standards are accessed due to the 
standard developers' intellectual property interests in those 
materials. For example, the National Archives and Records 
Administration, Office of the Federal Register (NARA OFR), in its final 
rule addressing incorporation by reference, concluded that a 
requirement to make available, for free, all materials incorporated by 
reference into the CFR would ``compromise the ability of regulators to 
rely on voluntary consensus standards, possibly requiring them to 
create their own standards, which is contrary to the [National 
Technology Transfer and Advancement Act of 1995] and the OMB Circular 
A-119.'' The Commission therefore disagrees with the sweeping nature of 
Joint Commenters' claims. The requirements for availability as 
suggested by Joint Commenters would be inconsistent with established 
government-wide guidance and practice for IBR and would potentially 
burden test laboratories, manufacturers, and consumers if the 
Commission were unable to recognize state-of-the-art technical 
standards adopted and frequently updated through the consensus-driven 
standards development process.
    The Commission further concludes that the information the 
Commission provided about the standards it proposed to adopt, including 
the means by which individuals could inspect copies of those standards, 
was sufficient to satisfy the requirements for incorporation by 
reference as set forth in the Administrative Procedure Act (APA) and 
implemented by NARA OFR in that the Commission made the information 
reasonably available to the class of persons affected thereby. In the 
summary of the NPRM published in the Federal Register, the Commission 
provided sources through which interested persons could obtain copies 
of the relevant standards and stated that a copy of each standard was 
available for inspection at the FCC's main office. Each of the relevant 
standards has remained available throughout the rulemaking proceeding 
in the manner described in the NPRM. In addition, Commission staff 
further acted consistent with guidance from the Administrative 
Conference of the United States (ACUS) to ``take steps to promote the 
availability of incorporated materials within the framework of existing 
law'' by communicating with the relevant standards bodies to encourage 
availability of materials in an online read-only format and, prior to 
publication of the NPRM in the Federal Register, confirmed that each 
standard was available for purchase by any interested party.
    In addressing the proposed rulemaking, Joint Commenters 
specifically address the terms by which interested parties may purchase 
copies of the standards. As an initial matter, the Commission notes 
there is nothing unusual about a direct purchase option being available 
as part of the IBR process. However, the Commission disagrees with the 
Joint Commenters' assertion that ``[i]n order to comment on [the NPRM], 
[the Joint Commenters] would have to each expend $589'' by purchasing 
copies of the standards. Direct purchase was only one of the means of 
obtaining information about the standards under consideration. In this 
case, at least two of these standards were available online in a read-
only format without cost, abstracts and information related to the 
standards are widely available without restriction, and the Commission, 
per its longstanding practice, ensured that the materials were 
available for in-person inspection. The Commission is not aware of any 
party that actually desired to inspect the materials but was unable to 
do so because of difficulties in traveling to the specified inspection 
site. Moreover, none of the comments filed in the proceeding that were 
related to the technical merits of the proposed standards 
incorporations identified any impediments to finding and accessing the 
standards under consideration. Based on these facts, and the 
established policy, the Commission concludes that the materials 
proposed to be incorporated by reference have been made reasonably 
available to the class of person affected, consistent with 5 U.S.C. 
552(a) and the requirements and procedures under 1 CFR part 51. The 
Commission therefore disagrees with Joint Commenters' assertion that 
parties could not ``see'' or ``have access to the text of the 
standards'' such that they could not meaningfully participate in the 
rulemaking process.
    The Commission is also confident that interested parties will have 
sufficient opportunities to access the standards on an ongoing basis 
once the Commission has incorporated them into its rules. The FCC will 
make a copy of the standards available for public inspection upon 
request, and NARA OFR makes legal record copies of all standards that 
have been incorporated by reference. In addition to continued 
opportunities to purchase copies through the standards development 
organizations and other online sources, the Commission anticipates that 
all of the standards, once adopted, will be made available to the 
public through the on-line reading rooms that the standards bodies 
maintain. For example, ANSI maintains an ``Incorporated by Reference 
Portal'' at www.ibr.ansi.org that it describes as ``a one-stop 
mechanism for access to standards that have been incorporated by 
reference in the U.S. Code of Federal Regulations (CFR),'' and which 
provides access to these documents at no cost in ``read only'' format 
for online reading. Collectively, these resources are more than 
sufficient to permit interested parties to accomplish the objectives 
identified by the Joint Commenters, including use of the standards by 
people who fix and evaluate equipment and make new things for 
understanding how the devices work and identifying whether they are 
working properly. While the Commission recognizes that each of these 
access mechanisms may have individual limitations (e.g., cost, travel 
for in-person inspection, limitations on how the materials may be 
downloaded, shared, or otherwise used) that would not exist if the 
standards were made available ``on a public website without charge, and 
without limitation of use'' as the Joint Commenters request, none of 
these limitations would prevent interested parties from accessing and 
using the standards the Commission is adopting. For these reasons, the 
Commission explicitly rejects the Joint Commenters' assertion that the 
Commission's actions will be inconsistent with established law and 
policy balancing the public interest in promoting the development of 
and reliance on voluntary standards against the need for public access 
to any such standards incorporated by reference by federal agencies.
Accessing Materials
    The OFR has regulations concerning incorporation by reference. 
These regulations require that, for a final rule, agencies must discuss 
in the preamble to the final 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.

[[Page 67111]]

Additionally, the preamble to the final rule must summarize the 
material.
    Sections 2.910 and 2.948 of the rules adopted in the Report and 
Order incorporate by reference the following standard: ``American 
National Standard Validation Methods for Radiated Emission Test Sites; 
1 GHz to 18 GHz'' (ANSI C63.25.1-2018). The ANSI C63.25.1-2018 standard 
consolidates guidance from existing standards to provide test site 
validation procedures from 1 GHz to 18 GHz. Incorporation of this 
standard will provide an additional option for test site validation of 
radiated emission measurements from 1 GHz to 18 GHz, while continuing 
to provide for the validation option currently specified in the 
Commission's rules. 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.
    Sections 15.31 and 15.38 of the rules adopted in the Report and 
Order incorporate by reference the following standard: ``American 
National Standard of Procedures for Compliance Testing of Unlicensed 
Wireless Devices'' (ANSI C63.10-2020). The ANSI C63.10-2020 standard is 
an update to a standard previously incorporated by reference within the 
Commission's rules and it addresses ``the procedures for testing the 
compliance of a wide variety of unlicensed wireless transmitters.'' 
Interested persons may purchase a copy of ANSI C63.10-2020 from the 
sources provided in 47 CFR 2.910. A copy of the standard may also be 
inspected at the FCC's main office.
    Sections 2.910, 2.948, 2.949, 2.962, and 68.162 of the rules 
adopted in the Report and Order incorporate by reference the following 
standard: ``General requirements for the competence of testing and 
calibration laboratories'' (ISO/IEC 17025:2017(E)). The ISO/IEC 
17025:2017(E) standard is an update to the standard currently 
incorporated by reference within the Commission's rules that replaces 
certain prescriptive requirements with performance-based requirements 
for test laboratory accreditation. The standard contains the 
requirements related to test laboratory accreditation, including 
requirements for processes, procedures, documented information, and 
organizational responsibilities. The laboratory accreditation bodies 
assess a variety of laboratory aspects, 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. Interested persons may purchase 
a copy of ISO/IEC 17025:2017(E) from the sources provided in 47 CFR 
2.910 and 68.162. A copy of the standard may also be inspected at the 
FCC's main office.
    Sections 2.910 and 2.948 of the rules adopted in the Report and 
Order incorporate by reference the following standard: ``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). 
The ANSI C63.4a-2017 standard introduces modifications to the 
normalized site attenuation procedures for validating radiated test 
sites for use in the 30 MHz to 1 GHz frequency range. Interested 
persons may purchase a copy of ANSI C63.4a-2017 from the sources 
provided in 47 CFR 2.910. A copy of the standard may also be inspected 
at the FCC's main office.
``American National Standard Validation Methods for Radiated Emission 
Test Sites; 1 GHz to 18 GHz'' (ANSI C63.25.1-2018)
    In consideration of an ANSC C63 petition for rulemaking, in the 
NPRM, the Commission proposed to incorporate by reference the standard 
titled ``American National Standard Validation Methods for Radiated 
Emission Test Sites; 1 GHz to 18 GHz'' (ANSI C63.25.1-2018), into the 
test site validation requirements of Sec.  2.948(d) of the Commission's 
rules. Under the Commission's current rules, measurement facilities 
that 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. The Commission proposed to incorporate ANSI C63.25.1-2018 in 
order to provide an additional option for test site validation of 
radiated emission measurements from 1 GHz to 18 GHz.
    As noted in the NPRM, the C63.25.1-2018 standard consolidates 
guidance from existing standards to provide test site validation 
procedures from 1 GHz to 18 GHz. For example, the C63.25.1-2018 
standard includes a CISPR 16 method 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. This method is included in the standard currently 
referenced in the Commission's rules, ANSI C63.4-2014 (clause 5.5.1 a) 
1)). Additionally, C63.25.1-2018 introduces the option of using a new 
effective test validation method called time domain site validation 
(TDSV), the benefits of which are cited by ANSC C63 in the C63.25.1 
Petition. The Commission tentatively concluded that incorporating 
C63.25.1-2018 in the Commission's rules by reference would have the 
benefit of providing the availability of TDSV as an additional option, 
while continuing to allow use of the procedures currently described in 
Sec.  2.948(d) of the Commission's rules for test site validation of 
radiated emission measurements from 1 GHz to 18 GHz. While the 
Commission tentatively concluded that the entire standard should be 
incorporated by reference, it also asked whether any procedures or 
techniques included in ANSI C63.25.1-2018 would not be appropriate for 
demonstrating compliance with the Commission's equipment authorization 
rules. Finally, because the Commission proposed to incorporate ANSI 
C63.25.1-2018 as an option to an already existing requirement, it 
tentatively concluded that there would be no need to designate a 
transition period.
    Several commenters expressed support for adopting ANSI C63.25.1-
2018 in full. Information Technology Industry Council, while suggesting 
that C63.25.1-2018 be applied immediately, also suggests that the 
Commission continue to accept measurements that reference C63.4-2014 
for two years. Cisco Systems Inc. (Cisco) supports adopting the 
proposed references to ANSI C63.25.1-2018; however, it asks the 
Commission to make some specific clarifications regarding the 
application of the standard. Specifically, Cisco encourages the 
Commission to clarify that site voltage standing wave ratio (SVSWR) and 
time domain site validation (TDSV) are the only acceptable methods of 
site verification under ANSI C63.25.1-2018. Additionally, Cisco states 
that as both the SVSWR and TDSV validation methods require some 
calibration, ANSI C63.5-2017 does not appear to add any value as a 
reference. Thus, Cisco suggests that the FCC simply state that all 
appropriate devices (antennas, positioners, etc.) must be validated in 
a manner that ensures they satisfy the necessary characteristics 
defined by each method.
    The Commission believes, and the record does not suggest otherwise, 
that the Commission was correct to tentatively conclude that 
incorporating ANSI C63.25.1-2018 among the

[[Page 67112]]

procedures currently described in Sec.  2.948(d) of the Commission's 
rules would serve the public interest by providing useful options and 
potential benefits for test site validation of radiated emission 
measurements from 1 GHz to 18 GHz. As the Commission noted when 
discussing the C63.25.1 Petition, while the TDSV and SVSWR methods are 
similar in that both measure responses between antennas, TDSV does not 
require varying the distance between antennas, providing a reduction in 
the sensitivity of test results caused by small test setup changes at 
higher frequencies where the associated wavelengths are relatively 
short. This feature and other aspects of the TDSV method introduce 
process efficiency improvements that could result in less time to 
perform the validation. Accordingly, the Commission is incorporating 
the complete ANSI C63.25.1-2018 standard into Sec.  2.948(d) of the 
rules. The Commission clarifies that incorporating ANSI C63.25.1-2018 
into Sec.  2.948(d), as amended herein, provides two options of test 
site validation procedures for radiated emission measurements from 1 
GHz to 18 GHz: SVWSR and TDSV. The Commission is not adopting Cisco's 
suggestion that the Commission remove references to ANSI C63.5-2017 
from the version of the C63.25.1-2018 standard incorporated into the 
Commission's rules. References to the use of ANSI C63.5-2017 for the 
calibration of measurement and reference antennas are prevalent among 
the ANSI standards already incorporated by reference in the 
Commission's rules. Finally, the Commission sees no need to adopt a 
transition period for the use of ANSI C63.25.1-2018 as it includes the 
test site validation option provided by the previous ANSI C63.4-2014.
``American National Standard of Procedures for Compliance Testing of 
Unlicensed Wireless Devices'' (ANSI C63.10-2020)
    In the NPRM, in response to a petition filed by ANSC C63, the 
Commission proposed to incorporate by reference ANSI C63.10-2020, 
``American National Standard of Procedures for Compliance Testing of 
Unlicensed Wireless Devices,'' into the Commission's rules to replace 
existing references to ANSI C63.10-2013. The ANSI C63.10-2020 standard 
was approved by ANSI on September 10, 2020, and updates the measurement 
procedures set forth in ANSI C63.10-2013, which is currently referenced 
in Sec. Sec.  2.910, 2.950, 15.31, and 15.38 of the Commission's rules. 
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, Unlicensed National Information Infrastructure (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.''
    The Commission tentatively concluded that it would be appropriate 
to simply replace the existing standard references with references to 
the new standard, subject to a two-year or other appropriate transition 
period. The Commission asked whether any procedures or techniques 
included in the standard would not be appropriate for use in the 
context of demonstrating compliance with the Commission's equipment 
authorization rules. Similarly, the Commission also asked which, if 
any, of the Commission rules that do not currently reference ANSI 
C63.10-2013 should reference ANSI C63.10-2020. Finally, the Commission 
asked whether a transition period during which either version of ANSI 
C63.10 could be used would be appropriate.
    Several commentors support adopting the updated standard. National 
Technical Systems states that ``it is assumed that if C63.4a is not 
adopted then adoption of ANSI C63.10-2020 would exclude the normative 
reference to ANSI C63.4a.'' ITI supports the adoption of the standard 
in full, while suggesting that C63.10-2020 be applied immediately while 
accepting reference to C63.10-2013 for up to two years in order to 
``allow test labs and manufacturers adequate time to procure and 
complete necessary actions.'' It also notes that products that were 
assessed and released in accordance with the previous standard should 
not be required to be assessed to C63.10-2020 unless the product 
changes or needs an updated certification. Cisco, A2LA, and ANSI C63 
support adopting the new standard in full and offer no further comment.
    The new edition of ANSI C63.10-2020 not only provides updates to 
the methods in the standard but also adds new methods. The Commission 
finds that it is necessary at this time to update Sec. Sec.  2.910, 
2.950, 15.31(a)(3), and 15.38(g)(3) to incorporate by reference ANSI 
C63.10-2020. This update to the Commission's rules will address 
advancements in compliance testing methods that have accompanied the 
growth of wireless devices and ensure the continued integrity of the 
relevant measurement data. With regard to the normative reference to 
ANSI C63.4-2017, the Commission does not find it necessary to exclude 
it. The Commission notes that C63.10-2020 refers to ANSI C63.4-2017 for 
0.3 GHz to 1 GHz (NSA) test site validation procedures in lieu of the 
NSA validation methods contained in ANSI C63.4-2014. The C63.10-2020 
standard includes ANSI C63.4-2017 in its list of normative references, 
in Clause 5.2 when specifying an appropriate radiated test site for 
performing the compliance measurements, and in Clause 6.5.2 when 
specifying permissible distances between antennas when performing 
radiated tests. The C63.10-2020 standard is a North American standard 
rather than a U.S. standard and thus accommodates both Canadian and 
U.S. regulations. Canada has already recognized ANSI C63.4-2017 in its 
regulations but, prior to this proceeding, the U.S. has not. The 
reference to ANSI C63.4-2017 in the standard contains a footnote 
reference to 47 CFR 15.31 in recognition that ANSI C63.4-2017 may not 
be adopted by the U.S. regulators. To accommodate the transition to 
this new standard, and as proposed in the NPRM and supported by ITI, 
the Commission will permit the use of either ANSI C63.10-2013 or ANSI 
C63.10-2020 for a period of two years following the effective date of 
the rules adopted in this Order. The record supports this time period 
as sufficiently reasonable for the affected entities to procure the 
necessary equipment and implement the required changes.

Other Standards

    In addition to addressing new specific incorporation by reference 
proposals, the Commission in the NPRM made tentative proposals and 
sought to refresh the record obtained in response to the Standards 
Update Notice that was previously issued by OET. Further, the 
Commission made proposals intended to ``clean up'' the rules by 
addressing several obsolete references and asked whether any additional 
similar rules changes would be appropriate.
``General Requirements for the Competence of Testing and Calibration 
Laboratories'' (ISO/IEC 17025:2017(E))
    Measurement data intended to demonstrate compliance with certain 
Commission requirements must be obtained from an accredited testing 
laboratory. Currently, Sec. Sec.  2.910, 2.948, 2.949, 2.962, and 
68.162 incorporate by reference ISO/IEC 17025:2005(E) for the

[[Page 67113]]

requirements related to test laboratory accreditation. 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 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).
    In the NPRM, the Commission proposed to incorporate by reference 
into its rules ISO/IEC 17025:2017(E) in its entirety, including Clause 
8.1--Option A and Option B. Options A and B were specifically addressed 
in light of comments made in response to the Standards Update Notice. 
The Commission tentatively concluded that the flexibility of having 
both options merits that both options should be included when 
incorporating ISO/IEC 17025:2017(E) into the Commission's rules. 
Additionally, in the NPRM, the Commission discussed issues related to 
the passage of time since the release of the Standards Update Notice, 
and, noting the two year re-accreditation process, it tentatively 
proposed a two-year transition to the new standard instead of the 
originally proposed three-year period.
    A2LA supports the updated standard and claims that it ``provides a 
greater emphasis on impartiality, transparency, and the complaint 
processes;'' takes a process approach and is outcome-focused;'' ``is 
less prescriptive and less procedure-burdened;'' and ``provides 
laboratories with greater flexibility as the standard is now 
underpinned with a risk-based approach to the processes.'' A2LA began 
transitioning its organization to the new standard in November 2017 in 
order to meet the International Laboratory Accreditation Cooperation 
mandate requiring completion of the transition by June 2021. ITI, ANSC 
C63, and Cisco all support adopting the standard and using Options A 
and B for lab accreditation under ISO/IEC 17025:2017(E). Additionally, 
Cisco welcomes any transition period up to, and including, the two-year 
period proposed by the Commission in the NPRM.
    No party opposed the Commission's proposal, and for the reasons 
stated in the NPRM and as supported by the record, the Commission 
continues to believe that adoption of the updated standard is in the 
public interest, and will provide greater transparency, procedural 
efficiency, and flexibility. The Commission therefore incorporates by 
reference ISO/IEC 17025:2017(E) into Sec. Sec.  2.910, 2.948, 2.949, 
2.950, 2.962, and 68.162 of the Commission's rules. To accommodate the 
transition to this new standard, as proposed in the NPRM, the 
Commission will permit the use of either ISO/IEC 17025:2005(E) or ISO/
IEC 17025:2017(E) for a period of two years following the effective 
date of the rules adopted in the Report and Order. 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 and that the prior standard has since become invalid 
within the standards body, the Commission provides a two-year 
transition period for compliance with ISO/IEC 17025:2017(E).
``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)
    Sections 2.910, 2.948, 2.950, 15.31, 15.35, and 15.38 of the 
Commission's rules reference ANSI 63.4-2014, ``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,'' as an electromagnetic compatibility (EMC) measurement standard 
for unintentional radiators. In late 2017, ANSC C63 published 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'' (ANSI C63.4a-2017). In the Standards Update Notice, OET 
sought comment on incorporating by reference ANSI C63.4a-2017 in the 
appropriate rules. Although some commenters supported incorporation of 
the amended standard, several negative responses were received in this 
regard. In the NPRM, the Commission considered the comments filed 
pursuant to the Standards Update Notice and tentatively concluded that 
ANSI C63.4-2014 continues to sufficiently address current needs and 
that incorporation by reference of ANSI C63.4a-2017 into the 
Commission's rules was not warranted at that time.
    Many commenters in this proceeding support the tentative conclusion 
made by the Commission in the NPRM that ANSI C63.4-2014 continues to 
sufficiently address current needs and that incorporation by reference 
of ANSI C63.4a-2017 into the Commission's rules is not warranted at 
this time. In its reply comments, ANSC C63 supports that tentative 
conclusion but notes that a reference to ANSI C63.4a-2017 in the 
Commission's rules should be optional and not a requirement because it 
would ``allow labs to meet both Canadian and U.S. requirements with a 
single site validation test.''
    After further consideration of the information on the record, 
including the comments from ET Docket No. 19-48, the Commission affirms 
its tentative determination that ANSI C63.4-2014 continues to 
sufficiently address current needs and continues to retain the 
incorporation by reference into the Commission's rules of ANSI C63.4-
2014. However, the Commission recognizes that ANSI C63.4a-2017 
introduced modifications to the normalized site attenuation procedures 
for validating radiated test sites for use in the 30 MHz to 1 GHz 
frequency range. Some of these modifications involve a new acceptable 
test distance (five meters) and an expanded test volume to accommodate 
devices with heights that exceed two meters. As noted in the NPRM, 
several parties objected to making this a mandatory requirement because 
of cost concerns over the potential need to redesign and retrofit 
existing test facilities. However, the Commission also recognizes that 
in some cases these modifications may be necessary to accommodate 
testing of larger devices. In addition, Innovation, Science and 
Economic Development Canada (ISED)--a department of the Government of 
Canada--has adopted the amended standard. The Commission also affirms 
its Office of Engineering and Technology's acceptance of the use of 
this standard as an alternative pursuant to KDB 414788 D01 Radiated 
Test Site v01r01. Therefore, to accommodate testing of larger devices 
(greater than two meters in height) and to allow for harmonization with 
ISED requirements, the Commission adopts ANSI C63.4-2017 through 
incorporation by reference. By retaining the existing standards and 
also adopting the modified standard, the Commission provides two 
options for an electromagnetic compatibility (EMC) measurement standard 
for unintentional radiators to accommodate the improvements where they 
are most

[[Page 67114]]

needed and retains the status quo for testing that would not benefit 
from the updates.

Additional Updates

    In the NPRM, the Commission noted that several part 2 rules 
incorporate references that have become outdated as a result of prior 
updates to standards that were phased in over specific transition 
periods--once the newer standards became the only valid procedure for 
compliance with the Commission's rules, the prior references became 
irrelevant. Specifically, the Commission proposed 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 ISO/IEC Guide 65:1996(E), ``General 
requirements for bodies operating product certification systems.'' 
Additionally, the Commission proposed to delete the related transition 
periods provided in Sec.  2.950 and make any necessary related 
administrative rule changes. The Commission also asked whether there 
were additional conforming or administrative updates to its rules and 
if any other rule modifications were needed, including updating other 
standards currently referenced in the rules or incorporating by 
reference additional standards not currently referenced in the rules.
    In its comments, ITI notes that Sec. Sec.  15.38(b) and 15.109(g) 
still reference CISPR 22 and requested that these references be updated 
to the latest edition of CISPR 32. ITI also recommends that a specific 
statement permitting grandfathering would benefit the industry, avoid 
confusion, and facilitate compliance. Cisco supports these additional 
updates. Additionally, ANSC C63 also points out that ``the proposed 
amendment to Rule 2.910 references CISPR 16-1-4:2010-04, however, that 
version of the standard is out of date'' and the rule ``should 
reference the current version of the standard which is CISPR 16-1-4 
2019+AMD:2020.''
    Absent any opposition in the record, the Commission adopts the 
proposals to delete references to: ISO/IEC Guide 58:1993(E), First 
Edition 1993; ISO/IEC Guide 61:1996(E), First Edition 1996; and ISO/IEC 
Guide 65:1996(E) from Sec.  2.910 of the Commission's rules. 
Additionally, the Commission adopts the proposal to delete the related 
transition periods provided in Sec.  2.950. The commenter 
recommendations to update additional references were not contemplated 
in the Commission's proposal, and it therefore takes no action here.

Ordering Clauses

    Accordingly, it is ordered, pursuant to the authority found in 
sections 4(i), 301, 302, and 303 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 301, 302a, 303, that this Report and Order 
is hereby adopted.
    It is further ordered that the amendments of parts 2, 15, 68, and 
73 of the Commission's rules as set forth in Appendix A are adopted, 
effective 30 days after publication in the Federal Register.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    It is further ordered that the Office of the Managing Director, 
Performance Evaluation and Records Management, shall send a copy of 
this Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Parts 2, 15, and 68

    Communications equipment, Incorporation by reference.

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 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, unless otherwise 
noted.


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 under 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 incorporation by reference 
(IBR) material is available for inspection at the FCC and at the 
National Archives and Records Administration (NARA). Contact the FCC at 
the address indicated in 47 CFR 0.401(a), phone: (202) 418-0270. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. 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), 3916 
Ranchero Drive, Ann Arbor, MI 48108; phone: (800) 678-4333; 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, Sections 5.4.4 (``Radiated emission test facilities--
Site validation'') through 5.5 (``Radiated emission test facilities for 
frequencies above 1 GHz (1 GHz to 40 GHz)''), copyright 2014; IBR 
approved for Sec.  2.948(d).
    (2) 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, ANSI-approved September 15, 2017; IBR approved for 
Sec.  2.948(d).
    (3) 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).
    (4) ANSI C63.26-2015, American National Standard of Procedures for 
Compliance Testing of Transmitters Used in Licensed Radio Services, 
ANSI-

[[Page 67115]]

approved December 11, 2015; IBR approved for Sec.  2.1041(b).
    (c) International Organization for Standardization (ISO), Ch. de 
Blandonnet 8, CP 401, CH-1214 Vernier, Geneva, Switzerland; phone: + 41 
22 749 01 11; fax: + 41 22 749 09 47; 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); 2.960(c).
    (2) 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(a); 2.962(c) and 
(d).
    (3) ISO/IEC 17025:2017(E), 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(a); 2.962(c) and 
(d).
    (4) 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 standards listed in paragraphs (b) 
and (c) of this section are also available from the American 
National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, 
New York, NY 10036; phone (212) 642-4980; email [email protected]; 
website: https://webstore.ansi.org/.


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 either: the requirements of ANSI C63.4a-2017 (incorporated 
by reference, see Sec.  2.910) or the requirements of sections 5.4.4 
through 5.5 of ANSI C63.4-2014 (incorporated by reference, see Sec.  
2.910).
    (1) Measurement facilities used to make radiated emission 
measurements from 30 MHz to 1 GHz must comply with the site validation 
requirements in either ANSI C63.4a-2017 or ANSI C63.4-2014 (clause 
5.4.4);
    (2) Measurement facilities used to make radiated emission 
measurements from 1 GHz to 18 GHz must comply with the site validation 
requirement of ANSI C63.25.1-2018 (incorporated by reference, see Sec.  
2.910);
    (3) Measurement facilities used to make radiated emission 
measurements from 18 GHz to 40 GHz must comply with the site validation 
requirement of ANSI C63.4-2014 (clause 5.5.1 a) 1)), such that the site 
validation criteria called out in CISPR 16-1-4:2010-04 (incorporated by 
reference, see Sec.  2.910) is met.
    (4) 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 October 30, 2025, a prospective or accredited testing 
laboratory or telecommunication certification body must be capable of 
meeting the requirements and conditions of ISO/IEC 17025:2005(E) 
(incorporated by reference, see Sec.  2.910) or ISO/IEC 17025:2017(E) 
(incorporated by reference, see Sec.  2.910). On or after October 30, 
2025, a prospective or accredited testing laboratory or 
telecommunication certification body must be capable of meeting the 
requirements and conditions of ISO/IEC 17025:2017(E) (incorporated by 
reference, see Sec.  2.910).
    (b) 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 C63.10-2020 (incorporated by 
reference, see Sec.  15.38).
* * * * *

0
7. Amend Sec.  15.37 by adding paragraph (s) to read as follows


Sec.  15.37  Transition provisions for compliance with this part.

* * * * *
    (s) Prior to October 30, 2025, 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.  15.38). On or after October 30, 2025, measurements 
for intentional radiators subject to Sec.  15.31(a)(3) must be made 
using the procedures in ANSI C63.10-2020 (incorporated by reference, 
see Sec.  15.38).

0
8. Revise Sec.  15.38 to read as follows:


Sec.  15.38   Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 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 incorporation by reference 
(IBR) material is available for inspection at the FCC and at the 
National Archives and Records Administration (NARA). Contact the FCC at 
the address indicated in 47 CFR 0.401(a), phone: (202) 418-0270. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the following 
source(s):
    (a) American National Standards Institute (ANSI), 25 West 43rd 
Street, 4th Floor, New York, NY 10036; phone: (212) 642-4980; email 
[email protected]; website: https://webstore.ansi.org/.
    (1) ANSI C63.17-2013, American National Standard for Methods of 
Measurement of the Electromagnetic and Operational Compatibility of 
Unlicensed Personal Communications Services (UPCS) Devices, approved 
August 12, 2013; IBR approved for Sec.  15.31.
    (2) Third Edition of the International Special Committee on Radio 
Interference (CISPR), Pub. 22, Information Technology Equipment-Radio 
Disturbance Characteristics-Limits and Methods of Measurement, 1997; 
IBR approved for Sec.  15.09.
    (b) Cable Television Laboratories, Inc., 858 Coal Creek Circle, 
Louisville, Colorado 80027; phone: (303) 661-9100; website: 
www.cablelabs.com/.
    (1) M-UDCP-PICS-I04-080225, Uni-Directional Cable Product 
Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS, 
February 25, 2008; IBR approved for Sec.  15.123(c).

[[Page 67116]]

    (2) TP-ATP-M-UDCP-I05-20080304, Uni-Directional Digital Cable 
Products Supporting M-Card; M-UDCP Device Acceptance Test Plan, March 
4, 2008; IBR approved for Sec.  15.123(c).
    (c) Consumer Technology Association (formerly Consumer Electronics 
Association), 1919 S. Eads St., Arlington, VA 22202; phone: (703) 907-
7634; email: [email protected]; website: www.cta.tech/.
    (1) CEA-542-B, CEA Standard: Cable Television Channel 
Identification Plan, July 2003; IBR approved for Sec.  15.118.
    (2) CEA-766-A, U.S. and Canadian Region Rating Tables (RRT) and 
Content Advisory Descriptors for Transport of Content Advisory 
Information using ATSC A/65-A Program and System Information Protocol 
(PSIP), April 2001; IBR approved for Sec.  15.120.
    (3) EIA-608, Recommended Practice for Line 21 Data Service, 1994; 
IBR approved for Sec.  15.120.
    (4) EIA-744, Transport of Content Advisory Information Using 
Extended Data Service (XDS), 1997; IBR approved for Sec.  15.120.
    (5) Uni-Dir-PICS-I01-030903, Uni-Directional Receiving Device: 
Conformance Checklist: PICS Proforma, September 3, 2003; IBR approved 
for Sec.  15.123(c).
    (6) Uni-Dir-ATP-I02-040225, Uni-Directional Receiving Device, 
Acceptance Test Plan, February 25, 2004; IBR approved for Sec.  
15.123(c).
    (d) European Telecommunications Standards Institute, 650 Route des 
Lucioles, F-06921 Sophia Antipolis Cedex, France; website: 
www.etsi.org/.
    (1) ETSI EN 300 422-1 V1.4.2 (2011-08), Electromagnetic 
compatibility and Radio spectrum Matters (ERM); Wireless microphones in 
the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics 
and methods of measurement, Copyright 2011; IBR approved for Sec.  
15.236(g).
    (2) [Reserved]
    (e) Institute of Electrical and Electronic Engineers (IEEE), 3916 
Ranchero Drive, Ann Arbor, MI 48108; phone: (800) 678-4333; 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.  15.35(a).
    (2) 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 (excluding clauses 4.5.3, 4.6, 6.2.13, 8.2.2, 9, and 13); 
IBR approved for Sec.  15.31(a).
    (3) 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(s).
    (4) ANSI C63.10-2020, American National Standard of Procedures for 
Compliance Testing of Unlicensed Wireless Devices, ANSI-approved 
September 10, 2020; IBR approved for Sec. Sec.  15.31(a); 15.37(s).
    (f) Society of Cable Telecommunications Engineers (SCTE), 140 
Philips Rd., Exton, PA 19341; phone: (610) 363-6888; email: 
[email protected]; website: www.scte.org.
    (1) SCTE 28 2003 (formerly DVS 295): ``Host-POD Interface 
Standard,'' 2003; IBR approved for Sec.  15.123.
    (2) SCTE 40 2003 (formerly DVS 313): ``Digital Cable Network 
Interface Standard,'' 2003; IBR approved for Sec.  15.123.
    (3) SCTE 41 2003 (formerly DVS 301): ``POD Copy Protection 
System,'' 2003; IBR approved for Sec.  15.123.
    (4) ANSI/SCTE 54 2003 (formerly DVS 241): ``Digital Video Service 
Multiplex and Transport System Standard for Cable Television,'' 2003; 
IBR approved for Sec.  15.123.
    (5) ANSI/SCTE 65 2002 (formerly DVS 234): ``Service Information 
Delivered Out-of-Band for Digital Cable Television,'' 2002; IBR 
approved for Sec.  15.123.

    Note 1 to Sec.  15.38:  The standards listed in paragraphs (c) 
and (f) of this section are available from Accuris (formerly Global 
Engineering), 15 Inverness Way East, Englewood, CO 80112; phone: 
(800) 854-7179; website: https://global.ihs.com.


    Note 2 to Sec.  15.38: The standards listed in paragraphs (e) 
and (f) of this section are available from ANSI (see paragraph (a) 
of this section for contact information).

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, 610.


0
10. Amend Sec.  68.162 by:
0
a. Revising paragraphs (d)(1) and (i)(1); and
0
b. Adding note 1 to paragraph (i).
    The revisions and addition 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) * * *
    (1) International Organization for Standardization (ISO), Ch. de 
Blandonnet 8, CP 401, CH-1214 Vernier, Geneva, Switzerland; phone: + 41 
22 749 01 11; fax: + 41 22 749 09 47; email: [email protected]; website: 
www.iso.org.
    (i) ISO/IEC 17025:2017(E), 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 standards listed in paragraphs (i) 
of this section are also available from the American National 
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New 
York, NY 10036; phone (212) 642-4980; email [email protected]; website: 
https://webstore.ansi.org/.

PART 73--RADIO BROADCAST SERVICES

0
11. 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
12. 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. 2023-20711 Filed 9-28-23; 8:45 am]
BILLING CODE 6712-01-P