Details

Category: Wireless Telecom Law

• Compliance
• Cerification

The Broadband DATA Act sets forth specific requirements for BDC (Broadband Data Collection) filings, outlining the necessary certifications and qualifications. Compliance with certification criteria is crucial to ensuring the accuracy and reliability of data submissions.

Below are the requirements for certification of BDC:

Corporate Officer Certification:

A fundamental requirement for BDC filings is the inclusion of a certification signed by a corporate officer of the provider. This certification entails a thorough examination of the submission's information. The corporate officer must affirm, to the best of their actual knowledge, information, and belief, that all statements of fact within the submission are true and correct.

Qualified Engineer Certification:

In addition to the corporate officer certification, each BDC filing must feature a certification of accuracy by a qualified engineer employed by the provider. The engineer must possess direct knowledge of or responsibility for the generation of the provider's BDC filing. Like the corporate officer certification, the engineer must validate that all statements of fact in the submission are true, accurate, and aligned with the provider's ordinary course of network design and engineering.

The qualified engineer certifying the BDC filing must meet one of the following qualifications:

1. Be a certified Professional Engineer (P.E);
2. Be a Corporate engineering officer with a Bachelor of Science in Engineering (BSE) with direct knowledge of, and responsibility for, the carrier’s network design and construction to certify that the BDC submission is in accordance with the service provider’s ordinary course of network design and engineering; or
3. Due to the 2022 Limited Waiver and its 2023 Extension, an "otherwise qualified engineer" is defined as:
   • An engineer who has either obtained a bachelor's or advanced degree in fields related to electrical engineering, electronic technology, or a comparable technical discipline, along with a minimum of seven years of applicable experience in broadband network design and/or performance; 
   • Alternatively, it could also refer to an engineer who has received specialized training in areas relevant to broadband network engineering and design, deployment, and/or performance, coupled with at least ten years of relevant experience in broadband network engineering, design, and/or performance.

Maintaining Additional Network Information:

Providers opting for certification by an "otherwise qualified engineer" must keep additional network information for the applicable BDC filing date. This data may be requested by the Commission for validation purposes, emphasizing the importance of data integrity and transparency. The data requirements differ based on the service offered. You can find the specific guidelines for the data to be retained in the Data Specifications for Provider Infrastructure Data outlined in the Challenge, Verification, and Audit Processes available here:

By engaging certified corporate officers and qualified engineers, providers contribute to the validity of the data reported, ultimately supporting the consistency and quality of broadband network design and performance assessments.

It is important to note that all BDC submissions, even those endorsed by an "otherwise qualified engineer," must still include a certification from a corporate officer.

More Information:

For more detailed information and specific requirements, providers are encouraged to refer to the detailed specifications outlined in the Broadband DATA Act and related documentation provided by the FCC.

We partner with licensed engineering firms experienced in RF such as Rfwel Engineering who are qualified under either criteria. Please contact us if you have legal questions regarding BDC certifications.

Details

Category: Wireless Telecom Law

• Compliance

The Broadband Data Collection (BDC) is a process by the Federal Communications Commission (FCC) to collect data on broadband availability across the United States as per the Broadband DATA Act that sets forth specific certification requirements. It includes information from providers on their infrastructure, service availability, and subscription data. This data is used to create the National Broadband Map, which helps identify areas with limited or no broadband access.

The Data Specifications for Provider Infrastructure Data in the Challenge, Verification, and Audit Processes outline the specific requirements for how providers should submit their infrastructure data during the different stages of the BDC process:

• Challenge Process: This is when individuals, communities, and other stakeholders can dispute the accuracy of the broadband data shown on the National Broadband Map. The data specifications detail how providers must respond to these challenges and provide supporting evidence for their infrastructure data.
• Verification Process: This is an FCC-led process to verify the accuracy of the broadband data submitted by providers. The data specifications outline the criteria the FCC will use to assess the accuracy and completeness of the data, including the types of supporting documentation providers need to submit.
• Audit Process: This is a more in-depth examination of a provider's broadband data. The data specifications outline the specific procedures and requirements for providers to comply with during an audit.

Key Elements:

1. Data Files Submission: Providers must submit specific data files when responding to mobile challenges or verification inquiries. These files include detailed information about cell sites, antennas, and other infrastructure elements used to provide service in the challenged area. This data helps the FCC verify the accuracy of the coverage maps and resolve any disputes about service availability.

2. On-the-Ground Test Data: Providers can respond with on-the-ground test data in addition to infrastructure data. This involves conducting speed tests at specific locations within a hexagonal cell geography based on the H3 geospatial indexing system. These tests must meet specific geographic, temporal, and testing thresholds to be valid.

3. Verification Process: The FCC uses a variety of data sources to identify areas for verification inquiries, including crowdsourced data, third-party data, and FCC staff evaluations. Providers must submit data for a statistically valid sample of areas within the targeted region if their coverage data is questioned. The FCC evaluates factors such as test reliability, RF link budgets, and infrastructure data accuracy during the verification process.

4. Crowdsourced Data: Consumers can submit crowdsourced data through the FCC Speed Test app or approved third-party applications. This data, which must meet specific parameters and metrics, is used to supplement the FCC’s verification efforts and is publicly available once a critical mass is reached. The FCC initiates inquiries based on automated processes that highlight areas for further review​.

Below is an example National Broadband Map location summary for outdoor stationary mobile broadband. You can navigate to the FCC mobile challenge portal directly from the map (e.g., to challenge that you are not receiving 35 Mbps download speed and 3 Mbps upload speed on 5G NR at this location as indicated below).

 

For more detailed information and to access the specific data specifications, you can visit the FCC’s Broadband Data Collection resources page here.

For information on broadband coverage, you can contact wireless engineering firms such as Rfwel Engineering. You may also contact us for legal advice regarding your broadband coverage challenge.

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Details

Category: Wireless Telecom Law

• Equipment Certification
• FCC

The FCC to adopt a Notice of Proposal Rule Making (NPRM)-(ET Docket No. 24-136) that proposes new rules to ensure TCBs (Telecommunication Certification Bodies) and Test Labs are trustworthy. 

As of 2022, FCC adopted rules that barred entities in the covered list from having their devices approved. 

The covered list, maintained by Public Safety and Homeland Security Bureau, is compiled in accordance with FCC rules 47 C.F.R § 1.50000 et seq. and the reasons for adding communication equipment in the covered list are enumerated in C.F.R § 150002 et seq. 

 

Proposed Changes

In 2024, FCC has passed proposal to ensure TCBs and Test labs are not only impartial and competent but are also trustworthy (i.e.  they have no ties with adversary governments like CCP-China Communist Party, or any other entities determined by the U.S. government to pose an unacceptable security risk). The proposal will ensure: 

• Any TCB or Test lab of which an entity in the FCC’s covered list has direct or indirect ownership or control of 10% or more will be suspended from participating in FCC’s equipment authorization process. 
• Propose, as part of the Commission’s effort to strengthen oversight of the equipment authorization program, to adopt new information collections to require that TCBs and test labs report any entity that holds a 5% or greater direct or indirect equity and/or voting interest in them. 
• Will clarify the extent to which the FCC would impose the eligibility restrictions for TCBs and test labs based on lists developed by Executive Branch agencies that reflect expert determinations about entities that pose national security risks. 

Some of the entities in the covered list are: 

• Huawei Technologies Company 
• ZTE Corporation 
• More

See details on wireless equipment authorization in the United States. 

Details

Category: Wireless Telecom Law

• Equipment Certification
• Compliance

In the United States, wireless equipment authorization is a critical step for manufacturers and developers to legally market their products. The Federal Communications Commission (FCC) oversees this process to ensure that all electronic devices comply with the necessary regulations to avoid harmful interference and to ensure safety. Below are the steps required to obtain wireless equipment authorization, the types of devices that need FCC authorization, and the methods of obtaining such authorization, including Supplier’s Declaration of Conformity (SDoC) and FCC Certification.

Types of Devices Requiring FCC Equipment Authorization

Any electronic device that emits radio frequency (RF) energy and is intended for use in the United States needs to comply with FCC regulations. These devices include, but are not limited to:

• Wireless routers
• Mobile phones
• Bluetooth devices
• Wi-Fi enabled devices
• RF remote controls
• Radio transmitters
• Satellite communication devices

Essentially, if your device intentionally radiates RF energy, it likely needs FCC equipment authorization.

Methods of Obtaining FCC Equipment Authorization

There are two primary methods for obtaining FCC equipment authorization: Supplier’s Declaration of Conformity (SDoC) and FCC Certification. Both processes ensure that the devices comply with the applicable FCC rules, but they differ in their procedures and requirements.

Supplier’s Declaration of Conformity (SDoC)

The SDoC process is typically used for devices that are not considered to have a high potential for causing harmful interference, typically unintentional radiators. This could also be used if the radio modules used by the device are already FCC certified. This method involves the following steps:

1. Testing: The device must be tested to ensure it complies with the FCC emissions and immunity standards based on the device's intended use. This testing can be done by the manufacturer or a third-party testing facility.
2. Documentation: The manufacturer must compile a technical file that includes the test report, product description, and compliance statement.
3. Labeling: The device must be labeled with the FCC logo and any other required information. 
4. Record Keeping: The manufacturer must keep the compliance documentation and be able to provide it to the FCC upon request. See 47 CFR § 2.938.

FCC Certification

FCC Certification is required for devices with higher risk of causing interference, such as intentional radiators (e.g., transmitters). The certification process is more rigorous and involves the following steps:

1. Testing: The device must be tested by an FCC-recognized accredited testing laboratory.
2. Filing: The test results, along with the necessary technical documentation, must be submitted to a Telecommunication Certification Body (TCB) for review.
3. Grant of Equipment Authorization: If the TCB determines that the device meets all FCC requirements, it issues a grant of equipment authorization, and the device is assigned an FCC ID.
4. Labeling: The device must be labeled with the assigned FCC ID and other required information. See more on FCC ID labeling requirements.
5. Post-Market Surveillance: The FCC or the TCB may conduct post-market surveillance to ensure continued compliance.

 

Comparing SDoC and FCC Certification

Aspect	SDoC	FCC Certification
Complexity	Simplified, less rigorous	More rigorous and detailed
Testing	Can be done by manufacturer or third party	Must be done by FCC-recognized lab
Approval	Self-declaration	Requires review and approval by TCB
Labeling	FCC logo and compliance statement	FCC ID and additional labeling requirements
Applicability	Low-risk devices	High-risk devices, especially intentional radiators
Record Keeping	Manufacturer keeps records	Records kept and managed by TCB

 

 

FCC Part 15

FCC Part 15 covers unlicensed transmissions and sets forth the regulations for devices that emit RF energy without requiring a specific license. It includes rules for:

• Intentional Radiators: Devices that intentionally emit RF energy, such as Cellular/ Wi-Fi routers and Bluetooth devices. See 47 CFR Subpart C.
• Unintentional Radiators: Devices that may emit RF energy as a byproduct of their operation, such as computers and other electronic devices. See 47 CFR Subpart B.

Compliance with Part 15 ensures that devices do not cause harmful interference and must accept any interference received.

47 CFR § 15.101 provides examples of unintentional radiators that can use SDoC procedure for authorization and those that must use FCC certification:

Unintentional Radiator	Can Use SDOC for Equipment Authorization?
TV Broadcast Receiver	Yes
FM Broadcast Receiver	Yes
CB Receiver	Yes
Superregenerative Receiver	Yes
Scanning Receiver	No
Radar Detector	No
All other receivers subject to Part 15	Yes
TV Interface Device	Yes
Cable System Terminal Device	Yes
Stand-alone Cable input selector switch	Yes
Class B personal computers and peripherals	Yes
CPU boards and internal power supplies used with Class B personal computers	Yes
Class B personal computers assembled using authorized CPU boards or power supplies	Yes
Class B external switching power supplies	Yes
Other Class B digital devices & peripherals	Yes
Class A digital devices, peripherals & external switching power supplies	Yes
Access Broadband over Power Line (Access BPL)	No

 

Other Common FCC Parts

• FCC Part 22: Governs public mobile services, including cellular networks and paging systems that operate in the 800 MHz and 900 MHz bands. Devices like cellular base stations, mobile phones, and repeater systems fall under this part and require FCC certification to ensure they meet strict interference control and power level requirements.

• FCC Part 24: Covers personal communication services (PCS), such as mobile phones, primarily for digital mobile and broadband services operating within the 1850–1990 MHz frequency range. This includes devices like smartphones, PCS base stations, and related infrastructure equipment. Equipment authorization under Part 24 often requires certification to control emissions and manage interference.

• FCC Part 25: Regulates Satellite Communications for earth stations and space stations, covering services in bands like C, Ku, and Ka. Equipment such as satellite terminals, VSAT systems, and ground station antennas require FCC certification under Part 25 to confirm they comply with strict power and emission control standards to avoid interference with terrestrial and space-based systems. This is essential for clients deploying satellite networks for broadband or enterprise applications.

• FCC Part 27: Applies to Miscellaneous Wireless Communications Services, supporting flexible uses such as fixed and mobile broadband, IoT devices, and satellite services across a range of frequencies (600 MHz, 700 MHz, AWS, WCS, and more). Devices like broadband routers, LTE and 5G equipment, and IoT sensors in these bands require certification to meet Part 27's power, emission, and frequency stability requirements.

• FCC Part 90: Regulates private land mobile radio services, including public safety and industrial communications. This includes critical communications across the 150 MHz, 450 MHz, and 800 MHz bands. Devices such as two-way radios, dispatch systems, and radio base stations are covered under this part.

• FCC Part 95: Regulates Personal Radio Services, which include various non-commercial, short-range communications services, like GMRS, FRS, MURS, and CB radios. Devices operating under Part 95, particularly GMRS and CB radios, often require certification to control emissions and ensure public safety compliance.

• FCC Part 101: Covers Fixed Microwave Services, including point-to-point microwave links used for backhaul and network infrastructure within high-frequency bands like 6 GHz, 11 GHz, and 23 GHz. Devices in these bands, such as microwave transmitters and receivers, require FCC certification under Part 101 to ensure they meet interference and emission standards for reliable high-capacity links.

 

Contact Us

For any legal questions regarding getting your new devices compliant with FCC regulations, feel free to contact us. Our experienced team is ready to assist you in navigating the complexities of wireless equipment authorization.

Learn more about FCC equipment authorization here.