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- Category: Wireless Telecom Law
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
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:
- 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.
- Documentation: The manufacturer must compile a technical file that includes the test report, product description, and compliance statement.
- Labeling: The device must be labeled with the FCC logo and any other required information.
- 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:
- Testing: The device must be tested by an FCC-recognized accredited testing laboratory.
- Filing: The test results, along with the necessary technical documentation, must be submitted to a Telecommunication Certification Body (TCB) for review.
- 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.
- Labeling: The device must be labeled with the assigned FCC ID and other required information. See more on FCC ID labeling requirements.
- 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.
- Details
- Category: Wireless Telecom Law
Current State of Fixed Wireless Access (FWA)
Fixed Wireless Access (FWA) is a critical component of the United States' telecommunications landscape, offering high-speed internet to both urban and rural areas without the need for traditional wired infrastructure. FWA leverages radio frequencies to provide broadband services, making it a flexible and often more cost-effective solution for expanding internet access. The FCC and NTIA's initiatives are pivotal in driving the expansion of FWA, particularly in unserved and underserved areas.
FCC Initiatives
The Federal Communications Commission (FCC) has been actively promoting FWA through several key programs:
- Rural Digital Opportunity Fund (RDOF): This program allocates funding to service providers to expand broadband networks in underserved rural areas. FWA has been a beneficiary of these funds, as it offers a viable solution for rapid deployment.
- 5G Fund for Rural America: Focused on bringing 5G technology, including FWA, to rural regions, this initiative aims to bridge the digital divide by supporting infrastructure development. A significant portion of the funds were set aside to support precision agriculture needs.
- Spectrum Auctions: The FCC regularly conducts spectrum auctions, releasing bands suitable for FWA, such as the 3.5 GHz CBRS band and the 24 GHz and 28 GHz mmWave bands, to promote competitive deployment and innovation in wireless services.
- Connect America Fund (CAF): A program under the universal service high-cost programs, it provides funding to expand broadband services in rural and high-cost areas. CAF Phase II specifically included support for FWA providers as part of its competitive bidding process to ensure cost-effective deployment.
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Broadband Data Collection Initiative: The FCC provides the National Broadband Map with information about the internet services available at individual locations across the country. This helps to identify areas where broadband, including FWA, is lacking and target funding.
NTIA Efforts
The National Telecommunications and Information Administration (NTIA) also plays a significant role in FWA development:
- Broadband Infrastructure Program (BIP): It is a $288M program that offers funds as grants to support the deployment of broadband infrastructure in areas lacking access, especially rural areas. It is competitively offered to partnerships between states (or any political sub-division of a state) and providers of FWA.
- National Broadband Availability Map (NBAM): This tool helps identify areas lacking sufficient broadband access, guiding investments and policy decisions to target regions where FWA can make a substantial impact.
- Broadband Equity Access and Deployment Program (BEAD): Provides funds to facilitate high speed internet access development across all jurisdictions in the USA. It targets both unserved and underserved areas while including a broader focus on affordability and digital inclusion.
- Tribal Broadband Connectivity Program: Meant to expand broadband access and adoption on tribal lands. This program is part of a broader effort to bridge the digital divide and ensure that Native American communities have reliable and affordable internet access.
- Enabling Middle Mile Broadband Infrastructure Program: Provides funding for the expansion and extension of middle mile infrastructure across U.S. states and territories. In total, the program allocated $980 million to fund projects for the construction, improvement, or acquisition of middle mile infrastructure.
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Connecting Minority Communities Pilot Program: It is $285M fund aimed at expanding broadband access, connectivity, and digital inclusion in minority communities. It addresses the lack of Internet access, connectivity, adoption, and equity at Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and Minority-Serving Institutions (MSIs).
Licensing for Licensed FWA
Successfully navigating the licensing process requires a thorough understanding of regulatory frameworks and a strategic approach to spectrum management. Obtaining licenses for operating FWA in licensed spectrum bands involves several steps:
- Spectrum Auctions: Interested service providers must participate in FCC spectrum auctions to acquire licenses for specific frequency bands. The process includes pre-auction preparations, bidding, and post-auction licensing procedures.
- Regulatory Compliance: Licensees must comply with FCC regulations, which include technical standards, operational requirements, and reporting obligations. Ensuring adherence to these rules is crucial for maintaining the license and avoiding penalties.
- Coordination and Interference Management: Licensed FWA operators must coordinate with other spectrum users to manage interference and optimize spectrum utilization. This often involves working with spectrum management entities and engaging in collaborative efforts with other stakeholders.