Updating References to Standards Related to the Commission's Equipment Authorization Program

CourtFederal Communications Commission
Citation87 FR 15180
Published date17 March 2022
Record Number2022-05190
Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
                [Proposed Rules]
                [Pages 15180-15190]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05190]
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                FEDERAL COMMUNICATIONS COMMISSION
                47 CFR Parts 2, 15, 68, and 73
                [ET Docket Nos. 21-363 and 19-48; FCC 22-3; FR ID 75329]
                Updating References to Standards Related to the Commission's
                Equipment Authorization Program
                AGENCY: Federal Communications Commission.
                ACTION: Proposed rule.
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                SUMMARY: In this document, the Federal Communications Commission
                (Commission) proposes targeted updates to its rules to incorporate new
                and updated standards that are integral to the testing of equipment and
                accreditation of laboratories that test RF devices.
                DATES: Comments are due on or before April 18, 2022. Reply comments are
                due on or before May 16, 2022. Written comments on the Paperwork
                Reduction Act proposed information collection requirements must be
                submitted by the public, Office of Management and Budget (OMB), and
                other interested parties on or before May 16, 2022.
                ADDRESSES: You may submit comments, identified by ET Docket No. 21-363,
                by any of the following methods:
                 Electronic Filers: Comments may be filed electronically
                using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
                 Paper Filers: Parties who choose to file by paper must
                file an original and one copy of each filing.
                 Filings can be sent by commercial overnight courier, or by first-
                class or overnight U.S. Postal Service mail. All filings must be
                addressed to the Commission's Secretary, Office of the Secretary,
                Federal Communications Commission.
                 Commercial overnight mail (other than U.S. Postal Service
                Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
                Annapolis Junction, MD 20701.
                 U.S. Postal Service first-class, Express, and Priority
                mail must be addressed to 45 L Street NE, Washington, DC 20554.
                 Effective March 19, 2020, and until further notice, the
                Commission no longer accepts any hand or messenger delivered filings.
                This is a temporary measure taken to help protect the health and safety
                of individuals, and to mitigate the transmission of COVID-19. See FCC
                Announces Closure of FCC Headquarters Open Window and Change in Hand-
                Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
                 People With Disabilities: To request materials in accessible
                formats for people with disabilities (braille, large print, electronic
                files, audio format), send an email to [email protected] or call the
                Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
                418-0432 (TTY).
                FOR FURTHER INFORMATION CONTACT: Brian Butler, Office of Engineering
                and Technology, 202-418-2702,
                [[Page 15181]]
                [email protected]. For information regarding the PRA information
                collection requirements contained in this PRA, contact Nicole Ongele,
                Office of Managing Director, at (202) 418-2991 or
                [email protected].
                SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
                of Proposed Rulemaking (NPRM), ET Docket No. 21-363, ET Docket No. 19-
                48, FCC 22-3, adopted on January 24, 2022 and released on January 25,
                2022. The full text of this document is available by downloading the
                text from the Commission's website at: https://www.fcc.gov/document/fcc-proposes-updates-standards-used-equipment-authorization. When the
                FCC Headquarters reopens to the public, the full text of this document
                will also be available for public inspection and copying during regular
                business hours in the FCC Reference Center, 45 L Street NE, Washington,
                DC 20554. Alternative formats are available for people with
                disabilities (braille, large print, electronic files, audio format), by
                sending an email to [email protected] or calling the Consumer and
                Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
                (TTY).
                Comment Filing Procedures
                 Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
                47 CFR 1.415, 1.419, interested parties may file comments and reply
                comments on or before the dates indicated on the first page of this
                document. Comments may be filed using the Commission's Electronic
                Comment Filing System (ECFS). See Electronic Filing of Documents in
                Rulemaking Proceedings, 63 FR 24121 (1998).
                Initial Paperwork Reduction Act of 1995 Analysis
                 This document contains proposed modified information collection
                requirements. The Commission, as part of its continuing effort to
                reduce paperwork burdens, invites the general public and the Office of
                Management and Budget (OMB) to comment on the information collection
                requirements contained in this document, as required by the Paperwork
                Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the
                Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
                U.S.C. 3506(c)(4), we seek specific comment on how we might further
                reduce the information collection burden for small business concerns
                with fewer than 25 employees.
                Ex Parte Rules--Permit-But-Disclose
                 The proceeding this proposed rule initiates shall be treated as a
                ``permit-but-disclose'' proceeding in accordance with the Commission's
                ex parte rules, 47 CFR 1.1200 et seq. Persons making ex parte
                presentations must file a copy of any written presentation or a
                memorandum summarizing any oral presentation within two business days
                after the presentation (unless a different deadline applicable to the
                Sunshine period applies). Persons making oral ex parte presentations
                are reminded that memoranda summarizing the presentation must (1) list
                all persons attending or otherwise participating in the meeting at
                which the ex parte presentation was made, and (2) summarize all data
                presented and arguments made during the presentation. If the
                presentation consisted in whole or in part of the presentation of data
                or arguments already reflected in the presenter's written comments,
                memoranda, or other filings in the proceeding, the presenter may
                provide citations to such data or arguments in his or her prior
                comments, memoranda, or other filings (specifying the relevant page
                and/or paragraph numbers where such data or arguments can be found) in
                lieu of summarizing them in the memorandum. Documents shown or given to
                Commission staff during ex parte meetings are deemed to be written ex
                parte presentations and must be filed consistent with rule 1.1206(b).
                In proceedings governed by rule 1.49(f) or for which the Commission has
                made available a method of electronic filing, written ex parte
                presentations and memoranda summarizing oral ex parte presentations,
                and all attachments thereto, must be filed through the electronic
                comment filing system available for that proceeding, and must be filed
                in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
                Participants in this proceeding should familiarize themselves with the
                Commission's ex parte rules.
                Synopsis
                I. Background
                 The Commission's proposals are limited to the incorporation by
                reference of standards that are associated with equipment authorization
                and the recognition of Telecommunication Certification Bodies (TCBs).
                Incorporation by reference is the process that Federal agencies use
                when referring to materials published elsewhere to give those materials
                the same force and effect of law in the Code of Federal Regulations as
                if the materials' text had actually been published in the Federal
                Register. 5 U.S.C. 552(a)(1) and Office of the Federal Register, IBR
                Handbook 1 (July 2018), available at https://www.archives.gov/files/federal-register/write/handbook/ibr.pdf. By using incorporation by
                reference, the Commission gives effect to technical instructions,
                testing methodologies, and other process documents that are developed
                and owned by standards development organizations. Referencing these
                documents in the Commission's rules substantially reduces the volume of
                material that would otherwise be published in the Federal Register and
                the Code of Federal Regulations. It also permits the Commission to more
                efficiently implement future standards updates. Once the Commission
                completes any necessary notice-and-comment rulemaking proceedings and
                applies agency expertise to ensure that any standards adopted are sound
                and appropriate, the Commission need only update the references to the
                standards in its rules.
                A. Equipment Authorization
                 Section 302 of the Communications Act of 1934, as amended (the
                Act), 47 U.S.C. 302a(a), authorizes the Commission to make reasonable
                regulations governing the interference potential of devices that emit
                RF energy and can cause harmful interference to radio communications.
                The Commission generally implements this authority by establishing
                technical rules for RF devices. Examples may be found in 47 CFR parts
                15, 22, 24, 27, and 90. One of the primary ways in which the Commission
                ensures compliance with the technical rules is through the equipment
                authorization program for RF devices, procedures for which are codified
                in part 2 of its rules. 47 CFR part 2 subpart J. The Office of
                Engineering and Technology (OET) administers the day-to-day operation
                of the equipment authorization program under authority delegated by the
                Commission. 47 CFR 0.241(b).
                 Part 2 of the Commission's rules provides two different approval
                procedures for RF devices subject to equipment authorization--
                certification and Supplier's Declaration of Conformity (SDoC). 47 CFR
                2.901. Certification is a more rigorous approval process for RF devices
                with the greatest potential to cause harmful interference to other
                radio operations. A grant of certification is an equipment
                authorization issued by an FCC-recognized TCB based on an evaluation of
                the supporting documentation and test data submitted to the TCB. 47 CFR
                2.907. SDoC allows a device to be marketed on the basis of testing
                performed in accordance with a Commission-approved methodology by
                [[Page 15182]]
                the manufacturer, assembler, importer, or seller itself without the
                need to submit an application to a TCB. 47 CFR 2.906. While both
                processes involve laboratory testing to demonstrate compliance with
                Commission requirements, testing associated with certification must be
                performed by an FCC-recognized accredited testing laboratory. 47 CFR
                2.948(a).
                 Additionally, part 68 of the Commission's rules sets forth
                requirements to ensure that terminal equipment can be connected to the
                telephone network without harming its functioning and for the
                compatibility of hearing aids and land-line telephones so as to ensure
                that, to the fullest extent made possible by technology and medical
                science, people with hearing loss have equal access to communications
                services. In furtherance of these goals, part 68 includes unique, but
                similar rules related to equipment approval, TCB review, and laboratory
                testing. 47 CFR part 68 subpart D.
                Standards
                 The Commission's equipment authorization rules, for example 47 CFR
                2.910, 2.950, and 15.38, incorporate by reference various standards
                that have been established by standards-setting bodies including, but
                not limited to, the American National Standards Institute, Accredited
                Standards Committee (ASC) C63, a standards organization that is
                responsible for developing electromagnetic compatibility (EMC)
                measurement standards and testing procedures; the International
                Organization for Standardization (ISO), an independent, non-
                governmental international organization that develops voluntary
                international standards; and the International Electrotechnical
                Commission (IEC) which develops international standards for all
                electrical, electronic, and related technologies. Incorporating
                external standards within the Commission's rules has been a
                longstanding practice that reflects the Commission's desire, where
                appropriate, to harmonize its rules with international standards and
                aligns the Commission's rules with general federal agency guidance
                which urges government agencies to use industry developed standards
                rather than develop their own. OMB Circular A-119, Federal
                Participation in the Development and Use of Voluntary Consensus
                Standards and in Conformity Assessment Activities (updated Jan. 27,
                2016), available at https://www.whitehouse.gov/omb/information-for-agencies/circulars/.
                1. Measurement Standards and Laboratory Testing Procedures.
                 Compliance testing is central to the equipment authorization
                program. Section 2.947 of the Commission's rules requires test data be
                measured in accordance with one of three types of standards and
                measurement procedures, including those acceptable to the Commission
                and published by national engineering societies such as the Electronic
                Industries Association, the Institute of Electrical and Electronics
                Engineers, Inc., and the American National Standards Institute. 47 CFR
                2.947(a)(2). Accordingly, the Commission has incorporated by reference
                such standards into its rules when appropriate; use of these standards
                is intended to ensure the integrity of the measurement data associated
                with an equipment authorization. For example, certification
                applications for unlicensed part 15 intentional radiators (47 CFR
                15.3(o)) must include compliance measurement data that was obtained in
                accordance with the procedures specified in ANSI C63.10--2013,
                ``American National Standard of Procedures for Compliance Testing of
                Unlicensed Wireless Devices'' (C63.10). 47 CFR 2.1041(a) and
                15.31(a)(3). Other part 15 devices that are not designed to purposely
                transmit RF energy, unintentional radiators (47 CFR 15.3(z)), must be
                tested under procedures specified in ANSI C63.4--2014: ``American
                National Standard for Methods of Measurement of Radio-Noise Emissions
                from Low-Voltage Electrical and Electronic Equipment in the Range of 9
                kHz to 40 GHz'' (C63.4). 47 CFR 2.1041(a) and 15.31(a)(4). In addition
                to measurement procedures, portions of C63.4 specify particular
                requirements for the characteristics of test sites that are referenced
                in the Commission's rules. 47 CFR 2.910(c)(1) and 2.948(d).
                Specifically, these ``test site validation'' requirements are premised
                on the assumption that an open area test site provides the best
                conditions for field strength measurements of radiated emissions and
                test sites other than open area sites may be employed if they are
                properly calibrated so that the measurement results correspond to what
                would be obtained from an open area test site. 47 CFR 15.31(d).
                2. Accreditation Standards
                 Compliance testing data associated with an application for
                certification must be obtained from a testing laboratory that has been
                accredited in accordance with the Commission's rules. 47 CFR 2.948(a).
                Accreditation of test laboratories is currently based on the
                International Organization for Standardization/International
                Electrotechnical Commission (ISO/IEC) Standard 17025:2005(E), ``General
                requirements for the competence of testing and calibration
                laboratories'' (ISO 17025), and on the FCC requirements. 47 CFR
                2.948(e). It is the responsibility of the accreditation body to review
                the qualifications of a test laboratory's personnel, management
                systems, and record keeping and reporting practices; to send recognized
                experts to observe testing at the laboratory; and to verify the testing
                laboratory's competence to perform tests in accordance with FCC-related
                measurement procedures. Section 2.949 of the Commission's rules sets
                forth the requirements for the recognition of laboratory accreditation
                bodies. An entity seeking to be recognized by the Commission as an
                accreditation body for test laboratories must demonstrate that it
                complies with applicable ISO and IEC standards for recognizing such
                bodies and that it is competent in assessing test laboratories to
                perform measurements in support of the applicable FCC technical
                regulations. 47 CFR 2.949. The ISO/IEC standard currently used for
                recognizing accreditation bodies is ISO/IEC 17011:2004(E), ``Conformity
                assessment--General requirements for accreditation bodies accrediting
                conformity assessment bodies'' (ISO:17011). 47 CFR 2.949(b)(1) and
                2.910(d)(1).
                II. Discussion
                 In response to advancements in technologies and measurement
                capabilities, standards bodies periodically update their standards or
                adopt new standards to reflect best practices. The Commission's
                proposals here are based on such developments, as further informed by
                petitions for rulemaking filed with the Commission. Specifically, the
                Commission addresses two petitions filed by ASC C63: One seeking to
                incorporate by reference into its rules a new standard pertaining to
                test site validation; and one proposing to incorporate by reference a
                newer version of a currently referenced standard that addresses a
                variety of compliance testing requirements. The Commission also
                clarifies the status of two standards on which OET previously sought
                comment. Office of Engineering and Technology Seeks Comment on
                Modifying the Equipment Authorization Rules to Reflect the Updated
                Versions of the Currently Referenced ANSI C63.4 and ISO/IEC 17025
                Standards, Public Notice, ET Docket No. 19-48, 34 FCC
                [[Page 15183]]
                Rcd 1904, 84 FR 20088 (May 8, 2019) (Standards Update Notice). The four
                standards subject to the NPRM proposals are briefly summarized in the
                table below.
                ----------------------------------------------------------------------------------------------------------------
                 Proposed
                 Standard Standard being affected rule Summary of rationale for proposed
                 replaced sections change
                ----------------------------------------------------------------------------------------------------------------
                C63.25.1--2018.................... N/A.................. 2.910 Consolidates qualification and
                 New standard......... 2.948 validation procedures for radiated
                 test sites intended for use over
                 various frequency ranges. The
                 C63.25.1 standard included in this
                 proposal covers 1 to 18 GHz.
                C63.10--2020...................... C63.10--2013......... 15.31 Addresses changes in technology.
                 15.38
                ISO/IEC 17011:2017................ 17011:2004........... 2.910 Provides more comprehensive
                 requirements for accreditation
                 bodies.
                 2.948 .....................................
                 2.949 .....................................
                 2.950 .....................................
                 2.960 .....................................
                 68.160 .....................................
                ISO/IEC 17025:2017................ 17025:2005........... 2.910 Provides more comprehensive
                 requirements for testing and
                 calibration labs.
                 2.948 .....................................
                 2.949 .....................................
                 2.962 .....................................
                 68.162 .....................................
                ----------------------------------------------------------------------------------------------------------------
                A. ``American National Standard Validation Methods for Radiated
                Emission Test Sites; 1 GHz to 18 GHz'' (C63.25.1)
                 On March 6, 2020, ASC C63 filed a petition for rulemaking
                requesting that the Commission incorporate by reference into the test
                site validation requirements of Sec. 2.948(d) of the Commission's
                rules the ANSI C63.25.1--2018 standard, titled ``American National
                Standard Validation Methods for Radiated Emission Test Sites; 1 GHz to
                18 GHz'' (C63.25.1). Petition of the American National Standards
                Institute, Accredited Standards Committee, C63 Requesting adoption of
                ANSI C63.25.1--2018 into the Commission's part 2 rules for EMC test
                site validation from 1 GHz-18 GHz (filed March 6, 2020) https://www.fcc.gov/ecfs/filing/10306816406385 (C63.25.1 Petition). Under the
                Commission's current rules, measurement facilities used to make
                radiated emission measurements from 30 MHz to 1 GHz must comply with
                the site validation requirements in ANSI C63.4--2014 (clause 5.4.4),
                and, for radiated emission measurements from 1 GHz to 40 GHz the site
                validation requirements in ANSI C63.4--2014 (clause 5.5.1 a) 1)) apply.
                47 CFR 2.948(d). In the C63.25.1 Petition, ASC C63 asks the Commission
                to adopt the C63.25.1 standard as an additional option for test site
                validation of radiated emission measurements from 1 GHz to 18 GHz.
                 ASC C63 describes how the C63.25.1 standard consolidates guidance
                from existing standards to provide test site validation procedures from
                1 GHz to 18 GHz while providing an additional testing methodology and
                states that it expects that future iterations of the standard will
                cover additional frequencies. For example, the C63.25.1 standard
                includes a CISPR 16 technique known as the site voltage standing wave
                ratio (SVSWR) approach to validate test sites for frequencies above 1
                GHz, which measures responses between antennas while varying their
                distances. C63.25.1 also introduces the option of using a new effective
                test validation method called time domain site validation (TDSV), which
                ASC C63 says is not yet available or recognized in comparable
                international standards. ASC C63 states that while TDSV is similar to
                SVSWR, in that both measure responses between antennas, varying the
                distance between antennas is not necessary; thus, it asserts, the TDSV
                method provides a reduction in the sensitivity of test results caused
                by small test setup changes at higher frequencies where the associated
                wavelengths are relatively short. Overall, ASC C63 asserts that TDSV
                improves measurement repeatability, provides additional information on
                the test site, and ``reduces the sensitivity of the test results caused
                by small test setup changes due to statistical post processing
                incorporated in the TDSV method,'' while requiring less time to perform
                the validation. In short, ASC C63 has described reasons why, even
                though both SVSWR and TDSV use the same acceptance criterion, parties
                might want to use the TDSV method.
                 In consideration of ASC C63's request, the Commission proposes to
                incorporate ANSI C63.25.1--2018 into its rules, and to allow this
                standard to be used for test site validation of radiated emission
                measurements from 1 GHz to 18 GHz. The Commission tentatively concludes
                that the availability of this additional option would provide useful
                options and potential benefits in site validation testing, particularly
                considering that parties could continue to use the procedures currently
                described in the Commission's rules if they chose to do so. If the
                Commission adopts this proposal, it tentatively concludes that it is
                appropriate to incorporate the entire standard by reference. However,
                the Commission asks whether any procedures or techniques included in
                ANSI C63.25.1--2018 would not be appropriate for use in the context of
                demonstrating compliance with the Commission's equipment authorization
                rules. Commenters in this regard should provide details of their
                concerns and specifically cite any rule sections for which the new
                standard may be problematic. Additionally, for which other Commission
                rules would a reference to ANSI C63.25.1--2018 be appropriate? Because
                the Commission is proposing to incorporate ANSI C63.25.1--2018 as an
                option to an already existing requirement, the Commission tentatively
                concludes that there is no need to designate a transition period. The
                Commission seeks comment on these tentative conclusions.
                [[Page 15184]]
                B. ``American National Standard of Procedures for Compliance Testing of
                Unlicensed Wireless Devices'' (ANSI C63.10)
                 On February 4, 2021, the Commission received a petition from ASC
                C63 requesting that it incorporate by reference ANSI C63.10--2020
                ``American National Standard of Procedures for Compliance Testing of
                Unlicensed Wireless Devices'' into the rules. Petition of the American
                National Standards Institute, Accredited Standards Committee, C63
                Requesting adoption of ANSI C63.10--2020 into the parts 2 and 15 Rules
                for Compliance Testing Of Unlicensed Radio Devices (filed February 4,
                2021). https://www.fcc.gov/ecfs/filing/10204284915782 (C63.10
                Petition). This standard, which was approved by ANSI on September 10,
                2020, updates the measurement procedures set forth in ANSI C63.10--
                2013, which is currently referenced in 47 CFR 2.910(c)(2), 2.950(g),
                and 15.38(g)(3). The standard addresses ``the procedures for testing
                the compliance of a wide variety of unlicensed wireless transmitters .
                . . including, but not limited to, remote control and security
                unlicensed wireless devices, frequency hopping and direct sequence
                spread spectrum devices, anti-pilferage devices, cordless telephones,
                medical unlicensed wireless devices, [U-NII] devices, intrusion
                detectors, unlicensed wireless devices operating on frequencies below
                30 MHz, automatic vehicle identification systems, and other unlicensed
                wireless devices authorized by a radio regulatory authority.'' Daniel
                Hoolihan, The American National Standards Committee on EMC--
                C63[supreg]--An Update on Recent Standards Development Activities (June
                30, 2021), https://incompliancemag.com/article/the-american-national-standards-committee-on-emc-c63/.
                 Specifically, this recent version of the standard includes the
                following changes and updates:
                 Frequency hopping spread spectrum procedures were updated
                to ensure complete on and off times are correctly considered;
                 Digital transmission system (DTS) and unlicensed national
                information infrastructure (U-NII) device procedures were updated to
                align with the latest FCC KDB guidance;
                 Millimeter wave measurement procedures were updated;
                 TV White Space test methods were added to the standard;
                 Pulse desensitization considerations for frequency-
                modulated continuous wave (FMCW) type signals are now addressed by the
                standard;
                 Procedures were added for wireless power transfer (WPT)
                devices that transmit information on the charging frequency;
                 Measurement procedures were generally updated to allow for
                more accurate analyzer sweep time settings where ``auto'' was
                previously required;
                 Editorial corrections/updates were made;
                 Requirements for including spectral plots were added; and
                 An informative annex was included to provide an overview
                of dynamic frequency selection (DFS) for U-NII devices.
                 In light of ASC C63's request, the Commission proposes to
                incorporate ANSI C63.10--2020 into its rules to replace existing
                references to ANSI C63.10--2013. The Commission tentatively concludes
                that it is appropriate to simply replace the existing standard
                references with references to the new standard, subject to an
                appropriate transition period. Are there any procedures or techniques
                included in ANSI C63.10--2020 that would not be appropriate for use in
                the context of demonstrating compliance with the Commission's equipment
                authorization rules? Commenters in this regard should provide details
                of their concerns and specifically cite any rule sections for which the
                new standard may be problematic. Would a transition period during which
                either version of ANSI C63.10 could be used remedy these concerns? If
                so, what time period would be appropriate, and should it generally
                apply to all rules affected by the new reference? Noting that testing
                laboratories are re-accredited every two years per 47 CFR 2.948(e),
                would a two-year transition be appropriate or would a shorter period be
                sufficient? Additionally, which, if any, of the Commission rules that
                do not currently reference ANSI C63.10--2013 should reference ANSI
                C63.10--2020?
                C. ``Conformity assessment--Requirements for accreditation bodies
                accrediting conformity assessment bodies'' (ISO/IEC 17011)
                 Applications for RF devices that are subject to the certification
                requirements of part 2 of the Commission's rules must be filed with,
                and approved by, an accredited TCB. 47 CFR 2.907, 2.960(b).
                Additionally, terminal equipment intended for connection to the public
                switched telephone network must be subject to certification by a TCB or
                the Supplier's Declaration of Conformity procedures as set forth in
                part 68 of the Commission's rules. 47 CFR 68.201.Testing laboratories
                that provide compliance measurement data associated with part 2
                certification applications also must be accredited. 47 CFR 2.948(a). In
                these instances, TCBs and testing laboratories are accredited by a
                ``conformity assessment body,'' that meets the requirements and
                conditions of ISO/IEC 17011:2004 ``Conformity assessment--Requirements
                for accreditation bodies accrediting conformity assessment bodies.'' 47
                CFR 2.960 and 2.949. ISO/IEC 17011:2004 was incorporated into the
                Commission's rules in 2014. See FCC Modifies Equipment Authorization
                Rules, ET Docket No. 13-44, Report and Order, 29 FCC Rcd 16335, 16356-
                58, paras. 50-53; 80 FR 33425, 33430-31 (June 12, 2015). A new version
                of this standard, ISO/IEC 17011:2017, was published in November 2017.
                The revisions to the standard incorporate changes related to alignment
                with the International Organization for Standardization's Committee on
                Conformity Assessment (CASCO) common structure for standards and
                incorporation of CASCO common elements in clauses on impartiality,
                confidentiality, complaints and appeal, and management system;
                recognition of proficiency testing as an accreditation activity;
                addition of new definitions; introduction of the concept of risk; and
                incorporation of competence criteria in the document, including an
                informative annex on knowledge and skills. See International
                Organization for Standardization, ISO/IEC 17011:2004(E): Conformity
                assessment--General requirements for accreditation bodies accrediting
                conformity assessment bodies, First Edition, (September 2004);
                International Organization for Standardization, ISO/IEC 17011:2017:
                Conformity assessment--Requirements for accreditation bodies
                accrediting conformity assessment bodies, Second Edition (November
                2017). The Commission proposes to replace the references to ISO/IEC
                17011:2004(E) in 47 CFR 2.910, 2.948, 2.949, 2.950, 2.960, and 68.160
                with references to ISO/IEC 17011:2017(E), subject to a reasonable
                transition period. Commenters with concerns related to updating any of
                these references should specifically cite any rule sections for which
                the updated standard may be problematic or portions of ISO/IEC
                17011:2017(E) that should be excluded from the updated incorporation by
                reference and provide alternatives or a detailed explanation of their
                concerns. To ensure adequate time for the transition, the Commission
                proposes a two-year transition period during which both versions of
                ISO/IEC
                [[Page 15185]]
                17011 could be used. Is this time period sufficient and, if not, what
                would be an appropriate timeframe?
                D. Other Standards
                1. 2019 Public Notice
                 In April of 2019, OET sought comment on updating the Commission's
                rules to reflect recent changes to two standards: ISO/IEC 17025:2017(E)
                ``General requirements for the competence of testing and calibration
                laboratories'' and ANSI C63.4a--2017 ``American National Standard for
                Methods of Measurement of Radio-Noise Emissions from Low-Voltage
                Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz,
                Amendment 1: Test Site Validation.'' In opening up the instant docket,
                we seek a fresh record on these matters, as set forth in the proposals
                that we lay out in detail below. Accordingly, we are terminating the
                docket that the Standards Update Notice had opened (i.e., ET Docket No.
                19-48).
                a. ``General Requirements for the Competence of Testing and Calibration
                Laboratories'' (ISO/IEC 17025)
                 Measurement data intended to demonstrate compliance with certain
                Commission requirements must be obtained from an accredited testing
                laboratory. 47 CFR 2.948(a). Currently, 47 CFR 2.910, 2.948, 2.949,
                2.962, and 68.162 reference ISO/IEC 17025:2005(E) for the requirements
                related to test laboratory accreditation. Laboratory accreditation
                bodies assess a variety of aspects of a laboratory, including the
                technical competence of staff; the validity and appropriateness of test
                methods; traceability of measurements and calibration to national
                standards; suitability, calibration, and maintenance of the testing
                environment; sampling, handling, and transportation of test items; and
                quality assurance of test and calibration data. In November 2017, ISO/
                IEC published ISO/IEC 17025:2017(E)--a new version of the test
                laboratory accreditation standard currently referenced in the
                Commission's rules. In addition to adding a definition of
                ``laboratory,'' the new version replaces certain prescriptive
                requirements with performance-based requirements and allows for greater
                flexibility in satisfying the standard's requirements for processes,
                procedures, documented information, and organizational
                responsibilities.
                 Standards Update Notice, 34 FCC Rcd at 1905 and n.8 (citing ISO/IEC
                17025 General requirements for the competence of testing and
                calibration laboratories, ISO (2017), available at https://www.ukas.com/download/brochures/ISO-17025-Brochure_EN_FINAL.pdf).
                 In the Standards Update Notice, OET proposed to update the
                Commission's rules by replacing references to ISO/IEC 17025:2005(E)
                with references to ISO/IEC 17025:2017(E). All comments received were
                supportive of this updated reference. ANSI ASC C63, while supportive,
                stated that ``ASC C63 also supports the transition period (two years
                are remaining) to the mandatory use of ISO/IEC 17025:2017; provided
                however, that the FCC only accept test lab accreditations for labs that
                meet the requirements of Clause 8.1--Option A of the standard, and that
                such accreditations explicitly state that the test lab is accredited
                only in accordance with Option A.'' Reply Comments of ASC C63, ET
                Docket No. 19-48, at 2.
                 The Commission proposes to incorporate by reference into its rules
                ISO/IEC 17025:2017 in its entirety, including Clause 8.1--Option A and
                Option B and update 47 CFR 68.162(d)(1) to correct typographical errors
                in the reference of two standards: ISO/IEC 17065 and ISO/IEC 17025. No
                other party has raised concerns with the availability of two options
                and ASC C63 did not provide detailed rationale to support their request
                to incorporate only Option A. In fact, Annex B of ISO/IEC 17025:2017
                states that ``[b]oth options are intended to achieve the same result in
                the performance of the management system and compliance with clauses 4
                to 7.'' It is the Commission's understanding that Option B would allow
                laboratories to operate a quality management system that conforms to a
                certain standard from the International Organization for
                Standardization (i.e., ISO 9001) and that Option A of ISO/IEC
                17025:2017 incorporates relevant requirements of that same standard.
                OET believes that Option A is more commonly used but Option B is
                available because some organizations have implemented an ISO 9001
                system and would not need to take additional actions to demonstrate
                compliance. International Organization for Standardization, ISO/IEC
                17025:2017: General requirements for the competence of testing and
                calibration laboratories at Appendix B, Third Edition (November 2017).
                Accordingly, the Commission tentatively concludes that the flexibility
                of both options would enable entities who have already implemented a
                quality management system that would satisfy Option B to avoid the need
                to take further steps to demonstrate compliance and it seeks comment on
                this tentative conclusion and on any concerns with providing both
                options.
                 While both ISO/IEC 17025:2005(E) and ISO/IEC 17025:2017(E) were
                considered valid during the transition period in effect at the time of
                the Standards Update PN, accreditations to ISO/IEC 17025:2005(E) became
                invalid after June 1, 2021. In the Standards Update PN, OET proposed to
                adopt a three-year transition period for use of the proposed updated
                standard. In consideration of the time that has passed since
                publication of the Standards Update PN, combined with the facts that
                the Commission's rules require test laboratories to complete the
                accreditation process every two years (47 CFR 2.948(e)) and that the
                prior standard has since become invalid within the standards body, the
                Commission proposes a two-year transition period for compliance with
                ISO/IEC 17025:2017(E). The Commission seeks comment on the duration of
                this proposed transition period and how it should be reflected in any
                transition plans that it adopts.
                b. ``Addendum to the American National Standard for Methods of
                Measurement of Radio-Noise Emissions from Low-Voltage Electrical and
                Electronic Equipment in the Range of 9 kHz to 40 GHz, Amendment 1: Test
                Site Validation'' (ANSI C63.4a--2017)
                 In late 2017, ASC C63 published ANSI C63.4a--2017 ``Addendum to the
                American National Standard for Methods of Measurement of Radio-Noise
                Emissions from Low-Voltage Electrical and Electronic Equipment in the
                Range of 9 kHz to 40 GHz, Amendment 1: Test Site Validation'' (ANSI
                C63.4a--2017). ASC C63 requested that we incorporate by reference in
                the Commission's rules ANSI C63.4a--2017 to replace the existing ANSI
                C63.4--2014: ``American National Standard for Methods of Measurement of
                Radio-Noise Emissions from Low-Voltage Electrical and Electronic
                Equipment in the Range of 9 kHz to 40 GHz'' (ANSI C63.4). ASC C63
                originally filed comments in ET Docket No. 15-170, which were
                subsequently moved into ET Docket No 19-48. The Commission's rules
                reference ANSI 63.4 as an electromagnetic compatibility (EMC)
                measurement standard for unintentional radiators. 47 CFR 2.910, 2.948,
                2.950, 15.31, 15.35, and 15.38. As described in ASC C63's filing, the
                standard was updated to resolve certain normalized site attenuation
                issues (including the measurement of equipment under test that exceeds
                2 meters in height) and make a variety of corrections, clarifications,
                and
                [[Page 15186]]
                modifications. In the Standards Update Notice, OET sought comment on
                incorporating by reference ANSI C63.4a--2017 in the appropriate rules.
                Standards Update Notice at 1904-05. Some commenters supported
                incorporation of the amended standard. However, the Commission received
                several negative comments, generally citing costs associated with the
                procedure and stating that there were no problems with existing
                procedures that warrant adopting an alternative procedure. Further, the
                Commission indicates its understanding that ASC C63 has made
                substantial progress toward addressing these and other controversial
                issues in a pending modification. Based on the comments received and
                the potential development of an additional modification to the
                standard, the Commission tentatively concludes that ANSI C63.4
                continues to sufficiently address current needs and that incorporation
                by reference of ANSI C63.4a--2017 into its rules is not warranted at
                this time. The Commission seeks comment on this tentative conclusion.
                2. Additional Updates: ``Calibration and Testing Laboratory
                Accreditation Systems--General Requirements for Operation and
                Recognition'' (ISO/IEC Guide 58:1993(E)); ``General Requirements for
                Assessment and Accreditation of Certification/Registration Bodies''
                (ISO/IEC Guide 61:1996(E)); and ``General Requirements for Bodies
                Operating Product Certification Systems'' (ISO/IEC Guide 65:1996(E))
                 The Commission notes that its part 2 rules incorporate several
                references that have become outdated as a result of prior updates to
                standards that were phased in over specific transition periods. 47 CFR
                2.910 and 2.950. Once the transition period passed, the newer standards
                became the only valid procedure for compliance with the Commission's
                rules, rendering the prior references no longer relevant. Accordingly,
                the Commission proposes to delete from Sec. 2.910 of the Commission's
                rules references to: ISO/IEC Guide 58:1993(E), ``Calibration and
                testing laboratory accreditation systems--General requirements for
                operation and recognition,'' First Edition 1993; ISO/IEC Guide
                61:1996(E), ``General requirements for assessment and accreditation of
                certification/registration bodies,'' First Edition 1996; and (6) ISO/
                IEC Guide 65:1996(E), ``General requirements for bodies operating
                product certification systems.'' The Commission also proposes to delete
                the related transition periods provided in Sec. 2.950. 47 CFR
                2.910(d)4 through 6 and 47 CFR 2.950 (b), (c) and (d). Additionally,
                the Commission also proposes to make administrative changes to its
                rules to reflect any necessary changes to rule cross references that
                would result from the proposed rule changes.
                 The Commission seeks comment on whether there are additional
                conforming or administrative updates to its t rules that should be
                considered. Additionally, the Commission asks what other rule
                modifications, including updating other standards currently referenced
                in the rules or incorporating by reference additional standards not
                currently referenced in the rules, would be necessary to give full
                effect to its proposals? Because the standards-setting process is
                marked by ongoing work to create, review, and update standards, the
                Commission recognizes that the proposals are part of a larger and
                continuing effort to ensure that its rules incorporate appropriate
                standards and reflect relevant standards updates. Commission staff
                actively monitor the work of standards development organizations, and
                the Commission is aware that additional standards relevant to the
                telecommunications sector are in various stages of drafting, voting,
                and publication. While such developments may warrant the Commission's
                consideration in the future, it is not seeking comment on such
                standards within this Notice of Proposed Rulemaking.
                III. Incorporation by Reference
                 Sections 2.910 and 2.948 of the proposed rules provide for an
                additional standard (``American National Standard Validation Methods
                for Radiated Emission Test Sites; 1 GHz to 18 GHz'' (ANSI C63.25.1))
                that would be used for test site validation of radiated emission
                measurements from 1 GHz to 18 GHz. Sections 15.31 and 15.38 of the
                proposed rules provide for a standard (``American National Standard of
                Procedures for Compliance Testing of Unlicensed Wireless Devices''
                (ANSI C63.10)) that would update existing procedures for testing the
                compliance of a wide variety of unlicensed wireless transmitters.
                Sections 2.910, 2.948, 2.949, 2.950, 2.960, and 68.160 provide for a
                standard (``Conformity assessment--Requirements for accreditation
                bodies accrediting conformity assessment bodies'' (ISO/IEC 17011)) that
                would update requirements and conditions for conformity assessment
                bodies that accredit TCBs and testing laboratories. Sections 2.910,
                2.948, 2.949, 2.962, and 68.62 provide a standard (``General
                requirements for the competence of testing and calibration
                laboratories'' (ISO/IEC 17025)) that would replace certain prescriptive
                requirements with performance-based requirements for test laboratory
                accreditation. The OFR has regulations concerning incorporation by
                reference. 1 CFR part 51. These regulations require that, for a
                proposed rule, agencies must discuss in the preamble to the proposed
                rule the way in which materials that the agency incorporates by
                reference are reasonably available to interested parties, and how
                interested parties can obtain the materials. Additionally, the preamble
                to the proposed rule must summarize the material. 1 CFR 51.5(a).
                 In accordance with the OFR's requirements, the discussion in
                section II.A. of this preamble summarizes the provisions of ANSI
                C63.25.1--2018. Interested persons may purchase a copy of ANSI C63.25.1
                from the sources provided in 47 CFR 2.910. A copy of the standard may
                also be inspected at the FCC's main office. The discussion in section
                II.B. of this preamble summarizes the provisions of ANSI C63.10--2020.
                Interested persons may purchase a copy of ANSI C63.10--2018 from the
                sources provided in 47 CFR 2.910. A copy of the standard may also be
                inspected at the FCC's main office. The discussion in section II.C. of
                this preamble summarizes the provisions of ISO/IEC 17011:2017(E).
                Interested persons may purchase a copy of ISO/IEC 17011:2017(E) from
                the sources provided in 47 CFR 2.910. A copy of the standard may also
                be inspected at the FCC's main office. The discussion in sections
                I.A.1. and II.D.1.a of this preamble summarizes the provisions of ISO/
                IEC 17025:2005(E). Interested persons may purchase a copy of ISO/IEC
                17025:2005(E) from the sources provided in 47 CFR 2.910. A copy of the
                standard may also be inspected at the FCC's main office. The discussion
                in section II.D.1.a. of this preamble summarizes the provisions of ISO/
                IEC 17025:2017(E). Interested persons may purchase a copy of ISO/IEC
                17011:2017(E) from the sources provided in 47 CFR 2.910. A copy of the
                standard may also be inspected at the FCC's main office.
                IV. Procedural Matters
                 Initial Regulatory Flexibility Analysis. As required by the
                Regulatory Flexibility Act of 1980 (RFA) (see 5 U.S.C. 603), as amended
                (RFA), the Commission has prepared an Initial Regulatory Flexibility
                Analysis (IRFA) of the possible significant economic impact on a
                substantial number of small entities of the proposals addressed in this
                Notice of Proposed Rulemaking.
                [[Page 15187]]
                The IRFA is found in Appendix B. Written public comments are requested
                on the IRFA. These comments must be filed in accordance with the same
                filing deadlines for comments on the Notice of Proposed Rulemaking, and
                they should have a separate and distinct heading designating them as
                responses to the IRFA. The Commission's Consumer and Governmental
                Affairs Bureau, Reference Information Center, will send a copy of this
                Notice of Proposed Rulemaking, including the IRFA, to the Chief Counsel
                for Advocacy of the Small Business Administration, in accordance with
                the RFA. See 5 U.S.C. 603(a).
                 Paperwork Reduction Act. This document contains proposed modified
                information collection requirements. The Commission, as part of its
                continuing effort to reduce paperwork burdens, invites the general
                public and the Office of Management and Budget (OMB) to comment on the
                information collection requirements contained in this document, as
                required by the Paperwork Reduction Act of 1995, Public Law 104-13. In
                addition, pursuant to the Small Business Paperwork Relief Act of 2002,
                Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment
                on how we might further reduce the information collection burden for
                small business concerns with fewer than 25 employees.
                 Ex Parte Rules--Permit but Disclose. Pursuant to Sec. 1.1200(a) of
                the Commission's rules, (47 CFR 1.1200(a)) this Notice of Proposed
                Rulemaking shall be treated as a ``permit-but-disclose'' proceeding in
                accordance with the Commission's ex parte rules. 47 CFR 1.1200 et seq.
                Persons making ex parte presentations must file a copy of any written
                presentation or a memorandum summarizing any oral presentation within
                two business days after the presentation (unless a different deadline
                applicable to the Sunshine period applies). Persons making oral ex
                parte presentations are reminded that memoranda summarizing the
                presentation must (1) list all persons attending or otherwise
                participating in the meeting at which the ex parte presentation was
                made, and (2) summarize all data presented and arguments made during
                the presentation. If the presentation consisted in whole or in part of
                the presentation of data or arguments already reflected in the
                presenter's written comments, memoranda or other filings in the
                proceeding, the presenter may provide citations to such data or
                arguments in his or her prior comments, memoranda, or other filings
                (specifying the relevant page and/or paragraph numbers where such data
                or arguments can be found) in lieu of summarizing them in the
                memorandum. Documents shown or given to Commission staff during ex
                parte meetings are deemed to be written ex parte presentations and must
                be filed consistent with rule 1.1206(b). In proceedings governed by
                rule 1.49(f) or for which the Commission has made available a method of
                electronic filing, written ex parte presentations and memoranda
                summarizing oral ex parte presentations, and all attachments thereto,
                must be filed through the electronic comment filing system available
                for that proceeding, and must be filed in their native format (e.g.,
                .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
                should familiarize themselves with the Commission's ex parte rules.
                List of Subjects
                47 CFR Parts 2, and 68
                 Communications equipment, Incorporation by reference, Reporting and
                recordkeeping requirements, Telecommunications.
                47 CFR Part 15
                 Communications equipment, Incorporation by reference, Reporting and
                recordkeeping requirements.
                47 CFR Part 73
                 Communications equipment, Reporting and recordkeeping requirements,
                Telecommunications.
                Federal Communications Commission.
                Katura Jackson,
                Federal Register Liaison Officer.
                Proposed Rules
                 For the reasons discussed in the preamble, the Federal
                Communications Commission proposes to amend 47 CFR parts 2, 15, 68, and
                73 as follows:
                PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
                RULES AND REGULATIONS
                0
                1. The authority citation for part 2 continues to read as follows:
                 Authority: 47 U.S.C. 154, 302a, 303, and 336.
                0
                2. Revise Sec. 2.910 to read as follows:
                Sec. 2.910 Incorporation by Reference.
                 Certain material is incorporated by reference into this part with
                the approval of the Director of the Federal Register in accordance with
                5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
                that specified in this section, the Federal Communications Commission
                (FCC) must publish a document in the Federal Register and the material
                must be available to the public. All approved material is available for
                inspection at the FCC and at the National Archives and Records
                Administration (NARA). Contact FCC at the address indicated in 47 CFR
                0.401(a), tel: (202) 418-0270. For information on the availability of
                this material at NARA, email: [email protected], or go to:
                www.archives.gov/federal-register/cfr/ibr-locations.html. The material
                may be obtained from the following source(s):
                 (a) International Electrotechnical Commission (IEC), IEC Central
                Office, 3, rue de Varembe, CH-1211 Geneva 20, Switzerland; email:
                [email protected]; website: www.iec.ch.
                 (1) CISPR 16-1-4:2010-04: ``Specification for radio disturbance and
                immunity measuring apparatus and methods--Part 1-4: Radio disturbance
                and immunity measuring apparatus--Antennas and test sites for radiated
                disturbance measurements'', Edition 3.0, 2010-04; IBR approved for
                Sec. 2.948(d).
                 (2) [Reserved]
                 (b) Institute of Electrical and Electronic Engineers (IEEE), 2001 L
                Street NW, Suite 700, Washington, DC 20036-4910, tel: +1 800 701 IEEE
                (USA and Canada), +1 732 981 0060 (Worldwide), email: [email protected]; website: www.ieee.org.
                 (1) ANSI C63.4--2014: ``American National Standard for Methods of
                Measurement of Radio-Noise Emissions from Low-Voltage Electrical and
                Electronic Equipment in the Range of 9 kHz to 40 GHz'', ANSI approved
                June 13, 2014 ; IBR approved for Sec. 2.948(d).
                 (2) ANSI C63.25.1--2018, ``American National Standard Validation
                Methods for Radiated Emission Test Sites, 1 GHz to 18 GHz'', ANSI
                approved December 17, 2018; IBR approved for Sec. 2.948(d).
                 (3) ANSI C63.26--2015, ``American National Standard of Procedures
                for Compliance Testing of Transmitters Used in Licensed Radio
                Services'', ANSI approved December 11, 2015, IBR approved for Sec.
                2.1041(b).
                 (c) International Organization for Standardization (ISO), 1, ch. De
                la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; tel.: + 41 22
                749 01 11; fax: + 41 22 733 34 30; email: [email protected]; website:
                www.iso.org.
                 (1) ISO/IEC 17011:2004(E), ``Conformity assessment--General
                requirements for accreditation bodies accrediting conformity assessment
                bodies'', First Edition, 2004-09-01; IBR approved for Sec. Sec.
                2.948(e); 2.949(b); 2.950(a); 2.960(c).
                 (2) ISO/IEC 17011:2017(E), ``Conformity assessment--Requirements
                for accreditation bodies accrediting
                [[Page 15188]]
                conformity assessment bodies'', Second Edition, November 2017; IBR
                approved for Sec. Sec. 2.948(e); 2.949(b); 2.950(a); 2.960(c).
                 (3) ISO/IEC 17025:2005(E), ``General requirements for the
                competence of testing and calibration laboratories'', Second Edition,
                2005-05-15; IBR approved for Sec. Sec. 2.948(e); 2.949(b); 2.950(b);
                2.962(c) and (d).
                 (4) ISO/IEC 17025:2017, ``General requirements for the competence
                of testing and calibration laboratories'', Third Edition, November
                2017; IBR approved for Sec. Sec. 2.948(e); 2.949(b); 2.950(b);
                2.962(c) and (d).
                 (5) ISO/IEC 17065:2012(E), ``Conformity assessment--Requirements
                for bodies certifying products, processes and services'', First
                Edition, 2012-09-15; IBR approved for Sec. Sec. 2.960(b); 2.962(b),
                (c), (d), (f), and (g).
                 Note 1 to Sec. 2.910: The standard(s) listed in paragraph (b)
                of this section may also be obtained through the IEEE Standards
                Association Standards Store: P.O. Box 95715, Chicago, IL 60694-5715;
                website: www.techstreet.com/ieee.
                 Note 2 to Sec. 2.910: The standard(s) listed in paragraphs (b)
                and (c) of this section may also be obtained from the American
                National Standards Institute (ANSI) through its NSSN operation
                (www.nssn.org), at Customer Service, American National Standards
                Institute, 25 West 43rd Street, New York, NY 10036, phone: (212)
                642-4900.
                0
                3. Amend Sec. 2.948 by revising paragraph (d) to read as follows:
                Sec. 2.948 Measurement facilities.
                * * * * *
                 (d) When the measurement method used requires the testing of
                radiated emissions on a validated test site, the site attenuation must
                comply with the requirements of sections 5.4.4 through 5.5 of the
                following procedure: ANSI C63.4 (incorporated by reference, see Sec.
                2.910). Measurement facilities used to make radiated emission
                measurements from 30 MHz to 1 GHz must comply with the site validation
                requirements in ANSI C63.4 (clause 5.4.4); for radiated emission
                measurements from 1 GHz to 18 GHz must comply with either the site
                validation requirement of ANSI C63.25.1 or ANSI C63.4 (clause 5.5.1 a)
                1)), such that the site validation criteria called out in CISPR 16-1-4
                (incorporated by reference, see Sec. 2.910) is met; for radiated
                emission measurements from 18 GHz to 40 GHz must comply with the site
                validation requirement of ANSI C63.4 (clause 5.5.1 a) 1)), such that
                the site validation criteria called out in CISPR 16-1-4 (incorporated
                by reference, see Sec. 2.910) is met. Test site revalidation must
                occur on an interval not to exceed three years.
                * * * * *
                0
                4. Revise Sec. 2.950 to read as follows:
                Sec. 2.950 Transition periods.
                 (a) Prior to [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], an
                organization accrediting the prospective accredited testing laboratory
                must be capable of meeting the requirements and conditions of ISO/IEC
                17011:2004 (incorporated by reference, see Sec. 2.910) or ISO/IEC
                17011:2017 (incorporated by reference, see Sec. 2.910). On or after
                [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], an organization
                accrediting the prospective accredited testing laboratory must be
                capable of meeting the requirements and conditions of ISO/IEC
                17011:2017 (incorporated by reference, see Sec. 2.910).
                 (b) Prior to [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], an
                organization accrediting the prospective accredited testing laboratory
                must be capable of meeting the requirements and conditions of ISO/IEC
                17025:2005 (incorporated by reference, see Sec. 2.910) or ISO/IEC
                17025:2017 (incorporated by reference, see Sec. 2.910). On or after
                [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], an organization
                accrediting the prospective accredited testing laboratory must be
                capable of meeting the requirements and conditions of ISO/IEC
                17025:2017 (incorporated by reference, see Sec. 2.910).
                 (c) All radio frequency devices that were authorized under the
                verification or Declaration of Conformity procedures prior to November
                2, 2017, must continue to meet all requirements associated with the
                applicable procedure that were in effect immediately prior to November
                2, 2017. If any changes are made to such devices after November 2,
                2018, the requirements associated with the Supplier's Declaration of
                Conformity apply.
                PART 15--RADIO FREQUENCY DEVICES
                0
                5. The authority citation for part 15 continues to read as follows:
                 Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and
                549.
                0
                6. Amend Sec. 15.31 by revising paragraph (a)(3) to read as follows:
                Sec. 15.31 Measurement standards.
                 (a) * * *
                 (3) Other intentional radiators must be measured for compliance
                using the following procedure: ANSI C63.10 (incorporated by reference,
                see Sec. 15.38).
                * * * * *
                0
                7. Amend Sec. 15.37 by adding paragraph (r) to read as follows:
                Sec. 15.37 Transition provisions for compliance with this part.
                * * * * *
                 (r) Prior to [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE],
                measurements for intentional radiators subject to Sec. 15.31(a)(3)
                must be made using the procedures in ANSI C63.10--2013 or ANSI C63.10--
                2020 (incorporated by reference, see Sec. 15.31(a)(3)). On or after
                [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], measurements for
                intentional radiators subject to this part 15 must be made using the
                procedures in ANSI C63.10--2020 (incorporated by reference, see Sec.
                15.31(a)(3)).
                0
                8. Amend Sec. 15.38 as follows:
                0
                a. Throughout the section,
                0
                i. By removing the text ``The following documents are available from
                the following address:'' wherever it appears;
                0
                ii. By removing the text ``The following document is available from
                the'' in paragraph (e); and
                0
                iii. By removing the text ``The following documents are available from
                the following address:'' in paragraph (h);
                0
                b. By revising paragraphs (a) and (g).
                 The revisions read as follows:
                Sec. 15.38 Incorporation by Reference.
                 (a) Certain material is incorporated by reference into this part
                with the approval of the Director of the Federal Register in accordance
                with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
                than that specified in this section, the Federal Communications
                Commission (FCC) must publish a document in the Federal Register and
                the material must be available to the public. All approved material is
                available for inspection at the FCC and at the National Archives and
                Records Administration (NARA). Contact FCC at the address indicated in
                47 CFR 0.401(a), Tel: (202) 418-0270. For information on the
                availability of this material at NARA, email: [email protected],
                or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The
                material may be obtained from the source(s) in the following
                paragraph(s) of this section.
                * * * * *
                 (g) Institute of Electrical and Electronic Engineers (IEEE), 2001 L
                Street NW, Suite 700, Washington, DC 20036-4910, tel: +1 800 701 IEEE
                (USA and Canada), +1 732 981 0060 (Worldwide), email: [email protected]; website: www.ieee.org.
                 (1) ANSI C63.4--2014: ``American National Standard for Methods of
                Measurement of Radio-Noise Emissions
                [[Page 15189]]
                from Low-Voltage Electrical and Electronic Equipment in the Range of 9
                kHz to 40 GHz'' ' ANSI approved June 13, 2014; IBR approved for
                Sec. Sec. 15.31(a); 15.35(a).
                 (2) ANSI C63.10--2013, ``American National Standard of Procedures
                for Compliance Testing of Unlicensed Wireless Devices'', ANSI approved
                June 27, 2013; IBR approved for Sec. Sec. 15.31(a); 15.37(r) .
                 (3) ANSI C63.10--2020, ``American National Standard of Procedures
                for Compliance Testing of Unlicensed Wireless Devices'', ANSI approved
                January 29, 2021; IBR approved for Sec. Sec. 15.31(a); 15.37(r).
                * * * * *
                 Note 1 to Sec. 15.38: The standard(s) listed in paragraph (g)
                of this section may also be obtained through IEEE Standards
                Association Store: P.O. Box 95715, Chicago, IL 60694-5715; website:
                www.techstreet.com/ieee.
                PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
                0
                9. The authority citation for part 68 continues to read as follows:
                 Authority: 47 U.S.C. 154, 303, and 610.
                0
                10. Amend Sec. 68.160 by revising paragraphs (c)(1) and (d) to read as
                follows:
                Sec. 68.160 Designation of Telecommunication Certification Bodies
                (TCBs).
                * * * * *
                 (c) * * *
                 (1) Prior to [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], the
                organization accrediting the prospective telecommunication
                certification body must be capable of meeting the requirements and
                conditions of ISO/IEC 17011:2014 or ISO/IEC 17011:2017. On or after
                [DATE 2 YEARS AFTER EFFECTIVE DATE OF FINAL RULE], the organization
                accrediting the prospective telecommunication certification body must
                be capable of meeting the requirements and conditions of ISO/IEC
                17011:2017.
                * * * * *
                 (d) Incorporation by reference. The material listed in this
                paragraph (d) is incorporated by reference into this section with the
                approval of the Director of the Federal Register in accordance with 5
                U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
                specified in this section, the Federal Communications Commission (FCC)
                must publish a document in the Federal Register and the material must
                be available to the public. All approved material is available for
                inspection at the FCC and at the National Archives and Records
                Administration (NARA). Contact FCC at the address indicated in 47 CFR
                0.401(a), Tel: (202) 418-0270. For information on the availability of
                this material at NARA, email: [email protected], or go to:
                www.archives.gov/federal-register/cfr/ibr-locations.html. The material
                may be obtained from the following source(s) in this paragraph (d):
                 (1) International Organization for Standardization (ISO), 1, ch. De
                la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org;
                Tel.: + 41 22 749 01 11; Fax: + 41 22 733 34 30; email:
                [email protected].
                 (i) ISO/IEC 17011:2004(E), ``Conformity assessment--General
                requirements for accreditation bodies accrediting conformity assessment
                bodies,'' First Edition, 2004-09-01.
                 (ii) ISO/IEC 17011:2017(E), ``Conformity assessment--Requirements
                for accreditation bodies accrediting conformity assessment bodies,''
                Second Edition, November 2017.
                 (iii) ISO/IEC 17065:2012(E), ``Conformity assessment--Requirements
                for bodies certifying products, processes and services,'' First
                Edition, 2012-09-15.
                 (2) [Reserved]
                 Note 1 to paragraph (d): The standard(s) listed in paragraph
                (d)(1) of this section are also available from {1{time}
                International Electrotechnical Commission (IEC) Central Office, 3,
                rue de Varembe, CH-1211 Geneva 20, Switzerland; email:
                [email protected]; website: www.iec.ch; and {2{time} American National
                Standards Institute (ANSI) through its NSSN operation
                (www.nssn.org), Customer Service, American National Standards
                Institute, 25 West 43rd Street, New York, NY 10036; telephone: (212)
                642-4900.
                0
                11. Amend Sec. 68.162 by revising paragraphs (d)(1) and (i) to read as
                follows:
                Sec. 68.162 Requirements for Telecommunication Certification Bodies.
                * * * * *
                 (d) * * *
                 (1) In accordance with the provisions of ISO/IEC 17065 the
                evaluation of a product, or a portion thereof, may be performed by
                bodies that meet the applicable requirements of ISO/IEC 17025 and ISO/
                IEC 17065, in accordance with the applicable provisions of ISO/IEC
                17065, for external resources (outsourcing) and other relevant
                standards. Evaluation is the selection of applicable requirements and
                the determination that those requirements are met. Evaluation may be
                performed by using internal TCB resources or external (outsourced)
                resources.
                * * * * *
                 (i) Incorporation by reference. The material listed in this
                paragraph (i) is incorporated by reference into this section with the
                approval of the Director of the Federal Register in accordance with 5
                U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
                specified in this section, the Federal Communications Commission (FCC)
                must publish a document in the Federal Register and the material must
                be available to the public. All approved material is available for
                inspection at the FCC and at the National Archives and Records
                Administration (NARA). Contact FCC at the address indicated in 47 CFR
                0.401(a), Tel: (202) 418-0270. For information on the availability of
                this material at NARA, email: [email protected], or go to:
                www.archives.gov/federal-register/cfr/ibr-locations.html. The material
                may be obtained from the following source(s) in this paragraph (i):
                 (1) International Organization for Standardization (ISO), 1, ch. De
                la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org;
                Tel.: + 41 22 749 01 11; Fax: + 41 22 733 34 30; email:
                [email protected].
                 (i) ISO/IEC 17025:2017, ``General requirements for the competence
                of testing and calibration laboratories,'' Third Edition, November
                2017.
                 (ii) ISO/IEC 17065:2012(E), ``Conformity assessment--Requirements
                for bodies certifying products, processes and services,'' First
                Edition, 2012-09-15.
                 (2) [Reserved]
                 Note 1 to paragraph (i): The standard(s) listed in paragraph
                (i)(1) of this section are also available from {1{time}
                International Electrotechnical Commission (IEC) Central Office, 3,
                rue de Varembe, CH-1211 Geneva 20, Switzerland; email:
                [email protected]; website: www.iec.ch; and {2{time} American National
                Standards Institute (ANSI) through its NSSN operation
                (www.nssn.org), Customer Service, American National Standards
                Institute, 25 West 43rd Street, New York, NY 10036; telephone: (212)
                642-4900.
                [[Page 15190]]
                PART 73--RADIO BROADCAST SERVICES
                0
                12. The authority citation for part 73 continues to read as follows:
                 Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
                336, 339.
                0
                13. Amend Sec. 73.1660 by revising Note 1 to paragraph (a)(1) to read
                as follows:
                Sec. 73.1660 Acceptability of broadcast transmitters.
                * * * * *
                 Note 1 to paragraph (a)(1): The verification procedure has been
                replaced by Supplier's Declaration of Conformity. AM, FM, and TV
                transmitters previously authorized under subpart J of part 2 of this
                chapter may remain in use. See Sec. 2.950 of this chapter.
                * * * * *
                [FR Doc. 2022-05190 Filed 3-16-22; 8:45 am]
                BILLING CODE 6712-01-P
                

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