§ 2.909   Responsible party.

   (a) In the case of equipment that requires the issuance of a grant of
   certification, the party to whom that grant of certification is issued
   is responsible for the compliance of the equipment with the applicable
   standards. 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 § 2.929(b), the party
   performing the modification is responsible for compliance of the
   product with the applicable administrative and technical provisions in
   this chapter.

   (b) For equipment subject to Supplier's Declaration of Conformity the
   party responsible for the compliance of the equipment with the
   applicable standards, who must be located in the United States (see
   § 2.1077), is set forth as follows:

   (1) The manufacturer or, if the equipment is assembled from individual
   component parts and the resulting system is subject to authorization
   under Supplier's Declaration of Conformity, the assembler.

   (2) If the equipment by itself, or, a system is assembled from
   individual parts and the resulting system is subject to Supplier's
   Declaration of Conformity and that equipment or system is imported, the
   importer.

   (3) Retailers or original equipment manufacturers may enter into an
   agreement with the responsible party designated in paragraph (b)(1) or
   (b)(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.

   (c) If the end product or equipment is subject to both certification
   and Supplier's Declaration of Conformity (i.e., composite system), all
   the requirements of paragraphs (a) and (b) of this section apply.

   (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 labeled, following the
   specifications in § 2.925(d), with the following: “This product has been
   modified by [insert name, address and telephone number or internet
   contact information of the party performing the modifications].”

   (e) In the case of transfer of control of equipment, as in the case of
   sale or merger of the responsible party, the new entity shall bear the
   responsibility of continued compliance of the equipment.

   [ 82 FR 50825 , Nov. 2, 2017]

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