§ 5.602   Market trials.

   Unless otherwise stated in the instrument of authorization,
   experimental radio licenses granted for the purpose of market trials
   pursuant to § 5.3(k) are subject to the following conditions:

   (a) Marketing of devices (as defined in § 2.803 of this chapter) and
   provision of services for hire is permitted before the radio frequency
   device has been authorized by the Commission, subject to the ownership
   provisions in paragraph (d) of this section and provided that the
   device will be operated in compliance with existing Commission rules,
   waivers of such rules that are in effect at the time of operation, or
   rules that have been adopted by the Commission but that have not yet
   become effective.

   (b) The operation of all radio frequency devices that are included in a
   market trial must be authorized under this rule section, including
   those devices that are designed to operate under parts 15, 18, or 95 of
   this chapter.

   (c) If more than one entity will be responsible for conducting the same
   market trial e.g., manufacturer and service provider, each entity will
   be authorized under a separate license. If more than one licensee is
   authorized, the licensees or the Commission shall designate one as the
   responsible party for the trial.

   (d) All transmitting and/or receiving equipment used in the study shall
   be owned by the experimental licensees. Marketing of devices is only
   permitted as follows:

   (1) The licensees may sell equipment to each other, e.g., manufacturer
   to service provider,

   (2) The licensees may lease equipment to trial participants for
   purposes of the study, and

   (3) The number of devices to be marketed shall be the minimum quantity
   of devices necessary to conduct the market trial as approved by the
   Commission.

   (e) Licensees are required to ensure that trial devices are either
   rendered inoperable or retrieved by them from trial participants at the
   conclusion of the trial. Licensees are required to notify trial
   participants in advance that operation of the trial device is subject
   to this condition.

   (f) The size and scope of the experiment are subject to limitations as
   the Commission shall establish on a case-by-case basis. If the
   Commission subsequently determines that a market trial is not so
   limited, the trial shall be immediately terminated.

   (g) Broadcast experimental station applicants and licensees must also
   meet the requirements of § 5.205.

   [ 78 FR 25162 , Apr. 29, 2013]

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