USA (FCC) - New Details For FCC 22-84

On February 6, 2023, enforcement of FCC’s Prohibition on the authorization of “covered” equipment and entities identified on the Covered List started. Since then, we have received new requirements for applicants seeking to certify their equipment set forth by the “Report and Order, Order, and Further Notice of Proposed Rulemaking (FCC 22-84)”, originally published in November 2022. It revised key articles that involve the Equipment Authorization Program.

Here are the highlights of this implementation of the Report and Order. Prohibit “covered” equipment from obtaining equipment authorization through either certification procedures or SDoC procedures. All applicants for equipment certification are required to attest in their applications that the equipment applying for certification is not “covered” equipment. Exemptions no longer exist for any “covered” equipment from the need for equipment authorization. This also means that any any entity identified on the Covered List as producing “covered” equipment obtain an equipment certification. A new requirement to FCC applications for equipment certification is the need to designate a U.S. Agent for service of process.

The Agent for Process of Service cannot be a TCB or affiliated with a TCB. This will include people who work for TCB or a company that owns or is owned by a TCB. Cannot be a FCC recognized Lab or affiliated with a test lab. This also means people who work for a Lab or a company that owns or is owned by the FCC recognized Lab. Agent can be an Individual Entity or a Company Entity. Agent Entity must be located in the United States and have a registered US address and phone number. Entity acting as Agent must have their own FRN on FCC website. It is also recommended that the US Agent Letter include the FRN with the other information about the agent. Agent letters do not have to be FCC ID specific and can be a vernal Agent for Grantee. US Agent for Service of Process letters cannot have an expiration date because they are responsible up to a year after the equipment is taken off the market. For devices being marketed or for which marketing has ceased for less than 1 year, if the Agent for Process of Service changes, then for every TC Number the TCB must request the FCC to put the application into Audit Mode and the Agent Letter needs to be updated by superseding the old letter.