§  2.803   Marketing of radio frequency products prior to equipment
authorization.

   (a) Marketing, as used in this section, includes sale or lease, or
   offering for sale or lease, including advertising for sale or lease, or
   importation, shipment, or distribution for the purpose of selling or
   leasing or offering for sale or lease.

   (b) General rule. No person may market a radio frequency device unless:

   (1) For devices subject to authorization under certification, the
   device has been authorized in accordance with the rules in subpart J of
   this chapter and is properly identified and labeled as required by
   §  2.925 and other relevant sections in this chapter; or

   (2) For devices subject to authorization under verification or
   Declaration of Conformity in accordance with the rules in subpart J of
   this chapter, the device complies with all applicable technical,
   labeling, identification and administrative requirements; or

   (3) For devices that do not require a grant of equipment authorization
   under subpart J of this chapter but must comply with the specified
   technical standards prior to use, the device complies with all
   applicable, technical, labeling, identification and administrative
   requirements.

   (c) Exceptions. The following marketing activities are permitted prior
   to equipment authorization:

   (1) Activities under product development and market trials conducted
   pursuant to subpart H of part 5.

   (2) Limited marketing is permitted, as described in the following text,
   for devices that could be authorized under the current rules; could be
   authorized under waivers of such rules that are in effect at the time
   of marketing; or could be authorized under rules that have been adopted
   by the Commission but that have not yet become effective. These devices
   may not be operated unless permitted by §  2.805.

   (i) Conditional sales contracts (including agreements to produce new
   devices manufactured in accordance with designated specifications) are
   permitted between manufacturers and wholesalers or retailers provided
   that delivery is made contingent upon compliance with the applicable
   equipment authorization and technical requirements.

   (ii) A radio frequency device that is in the conceptual, developmental,
   design or pre-production stage may be offered for sale solely to
   business, commercial, industrial, scientific or medical users (but not
   an offer for sale to other parties or to end users located in a
   residential environment) if the prospective buyer is advised in writing
   at the time of the offer for sale that the equipment is subject to the
   FCC rules and that the equipment will comply with the appropriate rules
   before delivery to the buyer or to centers of distribution.

   (iii) (A) A radio frequency device may be advertised or displayed, (
   e.g., at a trade show or exhibition) if accompanied by a conspicuous
   notice containing this language:

   This device has not been authorized as required by the rules of the
   Federal Communications Commission. This device is not, and may not be,
   offered for sale or lease, or sold or leased, until authorization is
   obtained.

   (B) If the device being displayed is a prototype of a device that has
   been properly authorized and the prototype, itself, is not authorized
   due to differences between the prototype and the authorized device,
   this language may be used instead: Prototype. Not for Sale.

   (iv) An evaluation kit as defined in §  2.1 may be sold provided that:

   (A) Sales are limited to product developers, software developers, and
   system integrators;

   (B) The following notice is included with the kit:

   FCC NOTICE: This kit is designed to allow:

   (1) Product developers to evaluate electronic components, circuitry, or
   software associated with the kit to determine whether to incorporate
   such items in a finished product and

   (2) Software developers to write software applications for use with the
   end product. This kit is not a finished product and when assembled may
   not be resold or otherwise marketed unless all required FCC equipment
   authorizations are first obtained. Operation is subject to the
   condition that this product not cause harmful interference to licensed
   radio stations and that this product accept harmful interference.
   Unless the assembled kit is designed to operate under part 15, part 18
   or part 95 of this chapter, the operator of the kit must operate under
   the authority of an FCC license holder or must secure an experimental
   authorization under part 5 of this chapter.

   (C) The kit is labeled with the following legend: For evaluation only;
   not FCC approved for resale; and

   (D) Any radiofrequency transmitter employed as part of an evaluation
   kit shall be designed to comply with all applicable FCC technical
   rules, including frequency use, spurious and out-of-band emission
   limits, and maximum power or field strength ratings applicable to final
   products that would employ the components or circuitry to be evaluated.

   (d) Importation. The provisions of subpart K of this part continue to
   apply to imported radio frequency devices.

   [ 78 FR 25161 , Apr. 29, 2013]

   Effective Date Note: At  78 FR 25161 , Apr. 29, 2013, §  2.803 was
   revised. Section 2.803(c)(2) contains information collection and
   recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.

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