§ 74.851   Certification of equipment; prohibition on manufacture, import,
sale, lease, offer for sale or lease, or shipment of devices that operate in
the 700 MHz Band or the 600 MHz Band; labeling for 700 MHz or 600 MHz band
equipment destined for non-U.S. markets; disclosures.

   (a) Applications for new low power auxiliary stations will not be
   accepted unless the transmitting equipment specified therein has been
   certificated for use pursuant to provisions of this subpart.

   (b) Any manufacturer of a transmitter to be used in this service may
   apply for certification for such transmitter following the
   certification procedure set forth in part 2 of the Commission's Rules
   and Regulations. Attention is also directed to part 1 of the
   Commission's Rules and Regulations which specifies the fees required
   when filing an application for certification.

   (c) An applicant for a low power auxiliary station may also apply for
   certification for an individual transmitter by following the
   certification procedure set forth in part 2 of the Commission's Rules
   and Regulations. The application for certification must be accompanied
   by the proper fees as prescribed in part 1 of the Commission's Rules
   and Regulations.

   (d) Low power auxiliary station equipment authorized to be used
   pursuant to an application accepted for filing prior to December 1,
   1977 may continue to be used by the licensee or its successors or
   assignees: Provided, however, If operation of such equipment causes
   harmful interference due to its failure to comply with the technical
   standards set forth in this subpart, the Commission may, at its
   discretion, require the licensee to take such corrective action as is
   necessary to eliminate the interference.

   (e) Each instrument of authority which permits operation of a low power
   auxiliary station using equipment which has not been certificated will
   specify the particular transmitting equipment which the licensee is
   authorized to use.

   (f) All transmitters marketed for use under this subpart shall be
   certificated by the Federal Communications Commission for this purpose.
   (Refer to subpart I of part 2 of the Commission's rules and
   regulations.)

   (g) No person shall manufacture, import, sell, lease, offer for sale or
   lease, or ship low power auxiliary stations that are capable of
   operating in the 700 MHz band (698-806 MHz). This prohibition does not
   apply to devices manufactured solely for export.

   (h) Any person who manufactures, sells, leases, or offers for sale or
   lease low power auxiliary stations, including wireless microphones,
   that are destined for non-U.S. markets and that are capable of
   operating in the 700 MHz band shall include labeling and make clear in
   all sales, marketing, and packaging materials, including online
   materials, relating to such devices that the devices cannot be operated
   in the U.S.

   (i) Nine months after the release of the Commission's Channel
   Reassignment Public Notice issued pursuant to Expanding the Economic
   and Innovation Opportunities of Spectrum Through Incentive Auctions,
   Report and Order, GN Docket No. 12-268, 29 FCC Rcd 6567 (2014),
   applications for certification shall no longer be accepted for low
   power auxiliary stations or wireless video assist devices that are
   capable of operating in the 600 MHz service band or the 600 MHz guard
   bands, or for low power auxiliary stations that are capable of
   operating in the 600 MHz duplex gap unless the operations are limited
   to the four megahertz segment from one to five megahertz above the
   lower edge of the 600 MHz duplex gap.

   (j) Eighteen months after the release of the Commission's Channel
   Reassignment Public Notice issued pursuant to Expanding the Economic
   and Innovation Opportunities of Spectrum Through Incentive Auctions,
   Report and Order, GN Docket No. 12-268, 29 FCC Rcd 6567 (2014), no
   person shall manufacture, import, sell, lease, offer for sale or lease,
   or ship low power auxiliary stations or wireless video assist devices
   that are capable of operating in the 600 MHz service band or the 600
   MHz guard bands, or low power auxiliary stations that are capable of
   operating in the 600 MHz duplex gap unless the operations are limited
   to the four megahertz segment from one to five megahertz above the
   lower edge of the 600 MHz duplex gap. This prohibition does not apply
   to devices manufactured solely for export.

   (k) Eighteen months after the release of the Commission's Channel
   Reassignment Public Notice issued pursuant to Expanding the Economic
   and Innovation Opportunities of Spectrum Through Incentive Auctions,
   Report and Order, GN Docket No. 12-268, 29 FCC Rcd 6567 (2014), any
   person who manufactures, sells, leases, or offers for sale or lease low
   power auxiliary stations or wireless video assist devices that are
   destined for non-U.S. markets and that are capable of operating in the
   600 MHz service band or the 600 MHz guard bands, or low power auxiliary
   stations that are capable of operating in the 600 MHz duplex gap unless
   such operations are limited to the four megahertz segment from one to
   five megahertz above the lower edge of the 600 MHz duplex gap, shall
   include labeling and make clear in all sales, marketing, and packaging
   materials, including online materials, relating to such devices that
   the devices cannot be operated in the United States.

   (l) Disclosure requirements for low power auxiliary station and
   wireless video assist devices capable of operating in the 600 MHz
   service band. Any person who manufactures, sells, leases, or offers for
   sale or lease low power auxiliary stations or wireless video assist
   devices that are capable of operating in the 600 MHz service band three
   months following issuance of the Channel Reassignment Public Notice, as
   defined in section 73.3700(a)(2) of this chapter, is subject to the
   following disclosure requirements:

   (1) Such persons must display the consumer disclosure text, as
   specified by the Consumer and Governmental Affairs Bureau, at the point
   of sale or lease of each such low power auxiliary station or wireless
   video assist device. The text must be displayed in a clear,
   conspicuous, and readily legible manner. One way to fulfill the
   requirement in this section is to display the consumer disclosure text
   in a prominent manner on the product box by using a label (either
   printed onto the box or otherwise affixed to the box), a sticker, or
   other means. Another way to fulfill this requirement is to display the
   text immediately adjacent to each low power auxiliary station or
   wireless video assist device offered for sale or lease and clearly
   associated with the model to which it pertains.

   (2) If such persons offer such low power auxiliary stations or wireless
   video assist device via direct mail, catalog, or electronic means, they
   shall prominently display the consumer disclosure text in close
   proximity to the images and descriptions of each such low power
   auxiliary station or wireless video assist device. The text should be
   in a size large enough to be clear, conspicuous, and readily legible,
   consistent with the dimensions of the advertisement or description.

   (3) If such persons have Web sites pertaining to these low power
   auxiliary stations or wireless video assist devices, the consumer
   disclosure text must be displayed there in a clear, conspicuous, and
   readily legible manner (even in the event such persons do not sell low
   power auxiliary stations or wireless video assist devices directly to
   the public).

   (4) The consumer disclosure text described in paragraph (l)(1) of this
   section is set forth as an appendix to this section.

   (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155)

   [ 42 FR 14729 , Mar. 16, 1977, as amended at  42 FR 43637 , Aug. 22, 1977;
    43 FR 13576 , Mar. 31, 1978;  63 FR 36605 , July 7, 1998;  75 FR 3639 , Jan.
   22, 2010;  80 FR 71729 , Nov. 17, 2015]

   Effective Date Note: At  80 FR 71729 , Nov. 17, 2015, in § 74.851
   paragraph (l) was added. This paragraph 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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