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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations Commission and the various states attorneys general, would be the appropriate venues for consumer complaints about these issues and the Commission will not implement additional enforcement measures at this time. The Commissions rules already include exceptions for marketing prior to equipment authorization. Although the exception that the Commission adopts today provides for a greater scale of pre-authorization device marketing, the Commission believes that its existing enforcement measures will be sufficient to mitigate and address potential harm.
H. Open Proceeding In the NPRM, the Commission acknowledged an open equipment authorization proceeding, ET Docket 15170, which also asked questions about importation, and tentatively concluded that the Commissions new marketing and importation proposals may be acted upon separately. See Amendment of Parts 0, 1, 2, 15 and 18
of the Commissions Rules regarding Authorization of Radiofrequency Equipment, ET Docket No. 15170, Notice of Proposed Rulemaking, 30 FCC
Rcd 7725 2015 2015 Equipment Authorization Notice; and Amendment of Parts 0, 1, 2, 15 and 18 of the Commissions Rules regarding Authorization of Radiofrequency Equipment, ET Docket No. 15170, First Report and Order, 32 FCC Rcd 8746
2017 2017 Equipment Authorization Order. Two commenters specifically requested that the Commission also take action on two proposals from ET Docket 15170.
In the context of the Commissions importation exception, Garmin suggests that the Commission revisit its outstanding proposal for provisional certification. In the 2015 Equipment Authorization Notice, the Commission discussed the idea of a provisional certification as a potential method for addressing the confidentiality concerns of applicants for certification in which granted certifications would not be included in the Commissions public database before the RF device is made available for sale. The Commission also suggested that a provisionally certified device could also be imported prior to acknowledgement in the Commissions database. Garmin submitted several filings in support of the proposal in ET
Docket 15170. As a provisional grant of certification procedure would affect all stakeholders in the equipment authorization process, it goes beyond the narrow focus of this proceeding, the marketing and importation rules. Thus, the Commission does not believe that
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this Report and Order provides an appropriate venue for the proposals consideration. Additionally, as an alternative to the provisional grant proposal, Garmin also includes an entirely new proposal for a deferred grant eligibility confirmation letter which would be issued by a TCB prior to the grant of certification. Such a letter would indicate the device has met the equipment authorization requirements and the grant would not occur until a date specified by the applicant. This proposal would similarly impact many aspects of the equipment authorization process, and the responsibilities of TCBs, in particular, so the Commission likewise believes it is beyond the scope of this proceeding.
Additionally, one commenter, CTIA
suggested that the Commission also act on outstanding proposals related to the certification of modular transmitters. A
modular transmitter is a completely selfcontained RF transmitter device that typically is incorporated into another product and is subject to, among others, the requirements of 15.212 of the Commissions rules. The 2015
Equipment Authorization Notice included proposed changes to these requirements and compliance with such requirements in the context of the certification process. These proposals relate to the certification process and it is not necessary for us to take action at this time to allow us to adopt the instant marketing and importation rules.
III. Final Regulatory Flexibility Analysis A. Need for, and Objectives of, the Report and Order In June 2020, the Consumer Technology Association CTA filed a petition for rulemaking seeking modification of the Commissions rules pertaining to the marketing and importation of radiofrequency RF
devices. CTA argued that those rules were out-of-date and may hinder development and deployment of stateof-the-art RF products and services. In December 2020, after considering the petition, and the general support expressed in the associated record, the Commission initiated this proceeding, proposing changes to the Commissions marketing and equipment rules that were informed to a large extent by the CTA Petition.
In this Report and Order the Commission adopts targeted enhancements to the Commissions marketing and importation rules that will allow equipment manufacturers to better gauge consumer interest and prepare for new product launches.

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Given the rapid and widespread deployment of the radiofrequency RF
devices integral to nearly all aspects of modern life, these steps will further the communications sectors ability to drive innovation and promote economic growth. As product development cycles have accelerated, new marketplace models and assessment tools have emerged that rely on individual interest to fund products and allow sellers to optimize the number of products they produce or import to match anticipated sales. The rules the Commission adopts will allow manufacturers to better utilize these tools to speed the newest technologies and must-have devices to consumers. The Commission has crafted these rules in a manner that will not harm the underlying goals of the Commissions equipment authorization program: Ensuring that the communications equipment Americans rely on every day, such as their cellphones and Wi-Fi devices, comply with the Commissions technical rules;
and providing assurance to all spectrum users that their devices will work as intended and operate free from harmful interference.
B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA
There were no comments filed that specifically addressed the rules and polices proposed in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA, and to provide a detailed statement of any change made to the proposed rules as a result of those comments. The Chief Counsel did not file any comments in response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which Rules Will Apply The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental jurisdiction.
In addition, the term small business has the same meaning as the term small business concern under the
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