FCC: Further Streamlining of Part 2 and Part 15 Regulations

David A. Case

Some major changes have been made to FCC rules, most affecting wireless devices.

Keeping up with the changes to 47 CFR Part 2 and Part 15 can sometimes seem like a full-time job. FCC has recently taken further action to streamline these rules with release of Report and Order 03-201, which officially took effect on October 7, 2004. As with several recent actions on Part 15 rules, the main issues have revolved around wireless devices. This order focuses primarily on those devices affected by Part 15.247 and Part 15.407.

It is important to note that FCC did not fully address all the questions raised in the Notice of Proposed Rule Making (NPRM), and further action from FCC is still awaited on these issues. This article reviews the changes and discusses the implications these changes have on manufacturers.

Part 2 Changes

With the adoption of the Report and Order, manufacturers can now apply for a new manufacturer’s grantee code, change their address, and change control of the grantee code via the FCC Web site. Previously, manufacturers were required to complete these tasks via hard copy sent to the lab in Columbia, MD.

FCC also clarified that any and all accredited labs and telecommunications certification bodies (TCBs) must be reviewed every two years in compliance with FCC regulations. These reviews are required in addition to a lab’s own accreditation body review schedule. This rule will require non-U.S. labs and TCBs to be reviewed every two years. This time frame aligns with current practices in the United States by the National Voluntary Laboratory Accreditation Program (NVLAP) and the American Association for Laboratory Accreditation (A2LA).

Part 15, Changes and Deletions

This NPRM introduced a number of new rules, but also eliminated some that were either confusing or outdated.

ANSI C63.4. By incorporation as a reference, ANSI C63.4:2003 has been adopted as part of CFR Part 15.31 and Part 15.38 of the technical rules. However, as part of the adoption of this standard, FCC did not adopt the following sections: 4.1, 5.2, 5.7, 9,w and 14.

Integral Antennas. FCC has eliminated the requirement for an integral antenna for devices operating in the 5150–5250 MHz band. Part 15 now allows the use of a connector, provided that it meets the requirements as specified in Part 15.203. Industry Canada plans to adopt a similar decision in the next release of RSS-210.

WLAN Devices. The biggest changes have occurred in Part 15.204, which addresses the use of amplifiers and antennas specifically for Part 15.247 wireless local-area network (WLAN) devices. FCC has clarified the “family type” antenna approval process. Under the new proposal, a manufacturer can test the highest-gain antenna of each type of antenna. (Note: FCC has stated that an omni antenna is not a type for certification purposes since several antennas such as dipole, F, or wire antennas can be classified as omni-type antennas.)

Any antenna that is of the same type and of equal or less directional gain as an antenna that is authorized with the intentional radiator may be marketed and used with that intentional radiator. No retesting of the system configuration is required. Further, the additional lower-gain antennas should be listed as part of the certification filing with FCC or the company’s TCB. As with the original interpretation, the use of a higher-gain antenna will require a test and a Class II change to be filed.

Smart Antennas. The Report and Order also addresses the use of “smart” (or sectorized antennas) for Part 15.247 devices operating in the 2.4 GHz band. Previously, FCC granted approval of these devices on a case-by-case review.

Third-Party Amplifiers. Another hot issue that was addressed in these updates was the use and sale of third-party amplifiers. The issue has always been the need for a clear definition of marketing and selling third-party amplifiers. FCC has left the basic regulation in place with the same tight restrictions on marketing these devices. However, for Part 15.247 devices, FCC has provided better guidelines (see the sidebar on this page). Basically, for Part 15.247 devices, an aftermarket amplifier can be sold as a stand-alone device, provided that it has a unique connector that mates only to the approved transmitter or has some sort of system sensor to determine that it is connected to the correct radio. In addition, the packaging must list the approved radios that the amplifier can be used with.

Open and Dismissed Issues

Not all of the items raised in the NPRM were addressed or adopted, so the industry will need to continue to watch these issues as well.

Nonapproved Prototypes. FCC decided not to adopt a proposal that would allow an increase in the number of nonapproved Part 15 prototypes allowed to be brought into the country for test, development, and demonstration purposes. Because a number of prototypes are needed for evaluation in any design cycle, this change had been widely supported by the industry.

Limiting the number of prototypes to 200 does not adequately fill the needs of most engineering staffs. FCC declined to support a change because of its concerns that nonapproved products from overseas would make it to market. This decision does not address the risk that nonapproved prototypes built in U.S. factories could just as easily end up on the market.
Other Open Items. FCC also decided not to address the following issues in this particular NPRM:
• The definition of a “professional installer.” However, the issue is still open in other NPRMs.
• Unique connectors. Based on the action with the third-party antennas and amplifiers, FCC did not remove the requirement for a unique connector for Part 15.247 or Part 15.407 devices.
• Modules for Part 15 radios. FCC’s decision not to address this was, in part, because the open NPRMs on cognitive radio and RF exposure both address some specific Part 15 radio-module issues.
• Petitions for reconsideration. FCC allows the declaration of conformity to be provided solely by the Internet.

Conclusion

With the release of Report and Order 03-201, FCC’s changes have streamlined Part 2 and Part 15, particularly for devices affected by Part 15.247 and Part 15.407. FCC did not fully address all the questions raised in the NPRM, so manufacturers will need to watch for further updates.

David A. Case, NCE, NCT, is a senior regulatory engineer for Cisco Systems Inc. (Richfield, OH). He is a member of the staff of the Corporate Compliance EMC Standards and Operations Group. He is responsible for addressing radio compliance regulations for Cisco and has been a member of U.S. delegations addressing CITEL and World Radio Conference issues. He serves on numerous technical committees as well as being a member of the Compliance Engineering editorial advisory board. He can be reached at 330-523-2139 or at davecase@cisco.com.