FCC Seeks Comment on Modernized Equipment Marketing Rules

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The FCC has initiated a proceeding and requests comments on its proposal to update its equipment marking rules to permit conditional sales of radiofrequency consumer devices like cellphones, laptops, and Wi-Fi routers, but not delivery, to consumers prior to authorization. Currently, the FCC’s rules generally prohibit marketing radiofrequency devices prior to equipment authorization but provide a limited exception to permit conditional sales, but not delivery, to wholesalers and retailers. The FCC believes that the proposed change will better align with today’s consumer expectations, and allow radiofrequency device manufacturers and marketers to better position their devices for sale and distribution once a device is authorized by the FCC. The FCC also proposes to update its importation rules to allow a limited number of radiofrequency devices subject to certification to be imported into the United States prior to equipment authorization for pre-sale activities, including imaging, packaging, delivery to retail locations, and loading devices with specific software to demonstrate features and capabilities of the devices. Comments are due 30 days, and reply comments are due 45 days, after publication of the NPRM in the Federal Register.

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