Sec. 2.909  Responsible party.

    The following parties are responsible for the compliance of radio 
frequency equipment with the applicable standards:
    (a) In the case of equipment which requires the issuance by the 
Commission of a grant of equipment authorization, the party to whom that 
grant of authorization is issued (the grantee) If the radio frequency 
equipment is modified by any party other than the grantee and that party 
is not working under the authorization of the grantee pursuant to 
Sec. 2.929(b), the party performing

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the modification is responsible for compliance of the product with the 
applicable administrative and technical provisions in this chapter.
    (b) In the case of equipment subject to authorization under the 
verification procedure, the manufacturer or, in the case of imported 
equipment, the importer. If subsequent to manufacture and importation, 
the radio frequency equipment is modified by any party not working under 
the authority of the responsible party, the party performing the 
modification becomes the new responsible party.
    (c) In the case of equipment subject to authorization under the 
Declaration of Conformity procedure:
    (1) The manufacturer or, if the equipment is assembled from 
individual component parts and the resulting system is subject to 
authorization under a Declaration of Conformity, the assembler.
    (2) If the equipment, by itself, is subject to a Declaration of 
Conformity and that equipment is imported, the importer.
    (3) Retailers or original equipment manufacturers may enter into an 
agreement with the responsible party designated in paragraph (c)(1) or 
(c)(2) of this section to assume the responsibilities to ensure 
compliance of equipment and become the new responsible party.
    (4) If the radio frequency equipment is modified by any party not 
working under the authority of the responsible party, the party 
performing the modifications, if located within the U.S., or the 
importer, if the equipment is imported subsequent to the modifications, 
becomes the new responsible party.
    (d) If, because of modifications performed subsequent to 
authorization, a new party becomes responsible for ensuring that a 
product complies with the technical standards and the new party does not 
obtain a new equipment authorization, the equipment shall be labelled, 
following the specifications in Sec. 2.925(d), with the following: 
``This product has been modified by [insert name, address and telephone 
number of the party performing the modifications].''
[ 54 FR 17712 , Apr. 25, 1989, as amended at  61 FR 31045 , June 19, 1996; 
 62 FR 10470 , Mar. 7, 1997;  62 FR 41880 , Aug. 4, 1997]

           Application Procedures for Equipment Authorizations