The required procedure depends on the type of equipment being authorized as specified in the applicable rule part. In some instances, a device may have different functions resulting in the device being subject to more than one type of approval procedure.
The following steps summarize the process to obtain the required equipment authorization for your product device :. If a device is subject to FCC rules, determine the specific type of equipment authorization that applies to the device.
Become familiar with all the basic marketing, equipment authorization, and importation rules. Perform the required tests to ensure the device complies with the applicable technical requirements as determined in step 1.
The qualifications of the testing laboratory used to demonstrate compliance is based on the approval procedure you are required to use as determined in step 2 :. More FCC action in this area seems likely. Commissioners of both parties have made clear their desire to see the FCC take a more active role in protecting the security of U. This was on display in statements made by Commissioners in connection with their votes on the new rules.
For example, Democratic Commissioner Jessica Rosenwor cel called upon th e FCC to go further and establish a formal process for ongoing monitoring of foreign carriers authorized to operate in the United States. Republican Commissioner Brendan Carr also has been vocal in e fforts to encourage U. In short, the adoption of rules formalizing the Team Telecom process is just one step towards a more robust profile for the FCC in national security matters that affect telecommunications infrastructure.
While there is much uncertainty around U. Related Professionals Matthew S. What is rulemaking? There are three basic types of rules. Rules are also sometimes called "regulations". They are: Legislative sometimes called "Substantive" Rules. These rules create legally binding rights and obligations for the agency and the public.
For example, a legislative rule might say that broadcast towers must have lights to reduce the hazard to aviation. Non-legislative Rules. These rules are of two subtypes: i. Interpretive Rules. As the name suggests, these rules interpret the meaning of statutes or legislative rules that the Commission administers.
Policy Statements. These tell the public how the agency plans to exercise some discretionary power that it has. For example, a policy statement might explain the typical fines for particular violations of the Commission's rules. Organizational and Procedural Rules. These rules describe the agency's structure and the way in which its determinations are made. For example, such rules may delegate authority to make certain decisions to a particular Bureau within the Commission or set a deadline for filing comments with the Commission.
The reasons fit mostly in the following categories: Statutory mandate. Congress may specifically require a rule or the initiation of the rulemaking process to flesh out a statutory provision.
Agency identification of a problem. An agency may itself identify a problem such as an industry behavior that adversely affects consumers. We may have difficulties enforcing existing rules and this may provide evidence of a need to modify the rules.
Requests for interpretations of or exemptions from existing rules may demonstrate that a rule needs to be clarified or modified. Or, changes in technology may suggest that it is time to update a rule. Petition for rulemaking. The public has the right to petition an agency to issue, modify, or rescind a rule, and we may agree on the need for action.
Administrative Procedure Act. The Administrative Procedure Act APA sets forth the basic requirements for notice and comment rulemaking also called "informal" rulemaking , the process generally used by agencies to issue legislative rules. Other statutes, executive orders, or agency rules impose additional requirements.
In notice-and-comment rulemaking, an agency must first issue a notice of proposed rulemaking NPRM and provide an opportunity for public comment on the proposal before it can issue a final rule. There are exceptions to the requirement for notice and comment. For example, notice and comment may be waived for "good cause" for such things as emergencies.
The NPRM explains the need, source of authority, and reasons for the proposed rule changes. The NPRM will contain either the text of a proposed rule or a description of the subjects and issues involved. The agency's explanation of its proposal may include how the agency chose its proposed solution to the problem or alternative solutions that the agency is considering.
Although the public may comment on anything in the proposal, the agency usually will include specific questions on which it particularly wants public comment and data. The NPRM also includes such information as the deadline for public comments, how and where to file comments, and people to contact for further information about the proposal.
NPRM publication. When an agency issues an NPRM, it is normally published in the Federal Register, which provides online and print access to the official text of federal laws, presidential documents and agency regulations and notices. Public comment period.
Sometimes, especially for highly technical and complex matters, we provide much longer periods. We may also use shorter periods where there is a need to act quickly. The public may request more time to comment; if you provide a clear reason, that will help us make a decision on whether to extend the comment period. Public comments. The volume and length of comments received in response to an NPRM vary depending on the nature and scope of the proposed rule changes.
We may receive thousands of comments or only a few, and individual comments may be hundreds of pages or only a paragraph or two. We have found that public comments can be very helpful to our decisions. The public may identify a better way for us to achieve our objective or it may point out problems with our proposal that we did not see.
Our rules are improved through public participation. Sometimes, commenters say things in their comments without including data or analysis to support them. By the 30th day in the approval process all petitions to deny the application and any comments are due.
Rarely, the FCC will allow these to be filed up to 45 days later. At this point, the FCC will review any documents to deny and either choose to proceed with the application process or not. At this point, the FCC will need information from all parties involved. This can include independent lab testing, plus supporting documents from the FCC.
The FCC typically issues these requests prior to the day deadline but may issue subsequent requests after this point.
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