Transition of RF Equipment Certification to TCBs
In a Report and Order adopted on December 17, 2014, and released on December 30, 2014 (FCC 14-208, ET Docket No. 13-44, RM-11652), the Federal Communications Commission modified Parts 0, 1, 2, 15, and 68 of its rules to modernize the radiofrequency (RF) equipment authorization program.
Under the revised framework, the Commission discontinued its direct acceptance and processing of applications for equipment Certification. Instead, recognized Telecommunications Certification Bodies (TCBs) are authorized to process and issue all grants of Certification for equipment subject to Part 2 rules.
The Commission eliminated the former TCB 'exclusion list' and codified a new 'pre-approval guidance procedure' (replacing the previous permit-but-ask process) in Section 2.964. Under this procedure, TCBs must consult with the Office of Engineering and Technology (OET) for guidance prior to approving devices involving new technologies or non-standard measurement methods. TCBs are also granted explicit authority to dismiss applications under specified conditions and to set aside their own grants within a 30-day window.
- Discontinues direct FCC review and issuance of equipment Certification grants.
- Authorizes recognized TCBs to process and issue all Part 2 Certification grants.
- Codifies the pre-approval guidance procedure in Section 2.964 for complex or emerging technologies.
- Clarifies that TCBs may dismiss deficient applications or set aside grants within 30 days of issuance.
Post-Market Surveillance and TCB Performance Oversight
The Commission clarified TCB obligations for conducting post-market surveillance on certified devices under Section 2.962. TCBs must evaluate samples representing at least 5 percent of the product types they certify each year. Post-market surveillance must be performed only on devices certified by the specific TCB, though OET maintains authority to select specific samples for testing.
To ensure compliance, grantees are required to provide sample units upon request within 21 days, or provide vouchers allowing TCBs or Commission staff to obtain retail market samples at no cost. Manufacturers must also provide any specialized test software or equipment required to assess unmodified production units.
The Order codifies the role of the National Institute of Standards and Technology (NIST) as the Designating Authority for domestic TCBs. Additionally, the FCC established intermediate corrective steps for addressing deficient TCB performance prior to revoking recognition, including mandatory pre-approval review of all filings by a deficient TCB for at least 30 days.
- Mandates post-market surveillance sampling of at least 5 percent of certified products.
- Requires grantees to furnish test samples or retail vouchers within 21 days upon request.
- Codifies NIST as the domestic Designating Authority under Section 2.960.
- Establishes a tiered enforcement approach for deficient TCB performance.
Mandatory Testing Laboratory Accreditation
The FCC eliminated the Section 2.948 unaccredited test site listing program for equipment certified under Parts 15 and 18. Going forward, all testing laboratories submitting data in support of equipment Certification or Declaration of Conformity (DoC) must be accredited to ISO/IEC 17025 by an OET-recognized accreditation body.
The Commission established Section 2.949 to codify criteria for recognizing new laboratory accreditation bodies, requiring demonstration of ISO/IEC 17011 compliance, relevant EMC and radio testing experience, and assessors qualified in FCC technical requirements. Testing laboratories may only subcontract testing to other FCC-recognized accredited laboratories.
- Ceases acceptance of new unaccredited laboratory listings under Section 2.948.
- Requires ISO/IEC 17025 accreditation for all labs performing Certification and DoC compliance testing.
- Establishes qualification criteria in Section 2.949 for recognizing laboratory accreditation bodies.
- Restricts testing lab subcontracting solely to accredited, FCC-recognized testing facilities.
Updated Measurement Standards and Delegated Authority
The Commission updated its referenced measurement standards, incorporating ANSI C63.4-2014 for unintentional radiators and ANSI C63.10-2013 for intentional radiators under Part 15. For radiated emission measurements above 1 GHz, test site validation must comply with CISPR 16-1-4 site validation criteria as referenced in ANSI C63.4-2014.
Section 2.1033 was amended to require that Certification applications include clear photographs or diagrams illustrating the test setup for each required test configuration.
The Commission also delegated limited rulemaking authority to the Chief of OET under Section 0.241 to update industry standards referenced across Parts 2, 5, 15, and 18 via notice-and-comment rulemaking, provided that changes do not raise major compliance issues. Commissioner Michael O'Rielly issued a separate statement approving in part and dissenting in part regarding this delegation of rulemaking authority to OET.
- Incorporates ANSI C63.4-2014 for unintentional radiators and ANSI C63.10-2013 for unlicensed intentional radiators.
- Mandates CISPR 16-1-4 test site validation for emissions measurements above 1 GHz.
- Amends Section 2.1033 to require test setup diagrams or photographs in all Certification applications.
- Delegates authority to the Chief of OET to update referenced industry standards that do not raise major compliance issues.
Transition Periods and Implementation Schedule
The Commission adopted structured transition periods to allow test laboratories, TCBs, and manufacturers to achieve compliance with the updated rules.
TCBs and accrediting bodies must comply with ISO/IEC 17065:2012 and ISO/IEC 17011:2004 by September 15, 2015. Existing Section 2.948 listed laboratories remain recognized until their current expiration date or one year from the effective date of the rules, whichever occurs first, with a 15-month window from the effective date to submit test reports from those listings.
A one-year transition period is provided for adopting ANSI C63.4-2014 and ANSI C63.10-2013 measurement procedures. A three-year transition period is established for test facilities to fully meet the CISPR 16-1-4 site validation requirements above 1 GHz, during which the alternative ground plane RF absorber method in ANSI C63.4-2014 may be used. Additionally, Inovonics was granted a transition period through December 31, 2020, to use ANSI C63.4-2003 bandwidth measurement methods for specific legacy-compatible frequency hopping devices.
- September 15, 2015 deadline for TCB compliance with ISO/IEC 17065 and accreditor compliance with ISO/IEC 17011.
- One-year transition for ANSI C63.4-2014 and ANSI C63.10-2013 measurement standards.
- One-year phase-out of Section 2.948 unaccredited test site listings.
- Three-year transition for test labs to validate radiated emissions test sites above 1 GHz under CISPR 16-1-4.
- Denies a separate Petition for Rulemaking filed by James E. Whedbee regarding Part 15 operations.