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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations
3 Notification of any responsibility of the initiating party to the buyer in the event that the applicable equipment authorization process is not successfully completed, including information regarding any applicable refund policy.
B For devices subject to Supplier Declaration of Conformity procedures under subpart J of this chapter, physical transfer of equipment from the initiating party to other entities, including delivery to the end user, prior to successful completion of the equipment authorization process is prohibited.
C For devices subject to Certification procedures under subpart J of this chapter, delivery to the end user prior to successful completion of the equipment authorization process is prohibited; transfer of physical possession of devices to other entities for the sole purpose of pre-sale activity is permitted only after compliance testing by an FCC-recognized accredited testing laboratory is completed and an application for Certification is submitted to an FCC-recognized Telecommunication Certification Body pursuant to 2.911. Pre-sale activity includes packaging and transferring physical possession of devices to distribution centers and retailers. Presale activity does not include display or demonstration of devices.
1 Each device, or its packaging, physically transferred for the purpose of pre-sale activity must prominently display a visible temporary removable label stating: This device cannot be delivered to end users, displayed, or operated until the device receives certification from the FCC. Under penalty of law, this label must not be removed prior to receiving an FCC
certification grant.
2 The first party to initiate a conditional sales contract under paragraph c2i of this section or to physically transfer devices must have processes in place to retrieve the equipment in the event that the equipment is not successfully certified and must complete such retrieval immediately after a determination is made that the equipment certification cannot be successfully completed.
D Notwithstanding 2.926, radiofrequency devices marketed pursuant to paragraph c2i of this section may include the expected FCC
ID if obscured by the temporary label described in paragraph c2iB1 of this section or, in the case of electronic labeling, if the expected FCC ID cannot be viewed prior to authorization.
E All radiofrequency devices marketed under paragraph c2i of this section must remain under legal
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ownership of the first party to initiate a conditional sales contract.
F The first party to initiate a conditional sales contract or any party that physically transfers devices under paragraph c2i of this section must maintain, for a period of sixty 60
months, records of each conditional sale contract. Such records must identify the device name and product identifier, the quantity conditionally sold, the date on which the device authorization was sought, the expected FCC ID number, and the identity of the conditional buyer, including contact information.
The first party to initiate a conditional sales contract or any party that physically transfers devices under paragraph c2i of this section must provide these records upon the request of Commission personnel.

3. Amend 2.1204 by adding paragraph a11 to read as follows:
2.1204

Import conditions.

a
11 The radio frequency device is subject to Certification under 2.907
and is being imported in quantities of 12,000 or fewer units for pre-sale activity. For purposes of this paragraph, quantities are determined by the number of devices with the same FCC
ID.
i The Chief, Office of Engineering and Technology, may approve importation of a greater number of units in a manner otherwise consistent with paragraph a11 of this section in response to a specific request.
ii Pre-sale activity includes packaging and transferring physical possession of devices to distribution centers and retailers. Pre-sale activity does not include display or demonstration of devices. Except as provided in 2.803c2i, the devices must not be delivered to end users, displayed, operated, or sold until equipment Certification under 2.907
has been obtained.
iii Radiofrequency devices can only be imported under the exception of paragraph a11 of this section after compliance testing by an FCCrecognized accredited testing laboratory is completed and an application for certification is submitted to an FCCrecognized Telecommunication Certification Body pursuant to 2.911 of this part;
iv Each device, or its packaging, imported under this exception must prominently display a visible temporary removable label stating: This device cannot be delivered to end users, displayed, or operated until the device
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receives certification from the FCC.
Under penalty of law, this label must not be removed prior to receiving an FCC certification grant.
v Notwithstanding 2.926, radiofrequency devices imported pursuant to paragraph a11 of this section may include the expected FCC
ID if obscured by the temporary label described in paragraph a11iv this section or, in the case of electronic labeling, if it cannot be viewed prior to authorization.
vi The radiofrequency devices must remain under legal ownership of the device manufacturer, developer, importer or ultimate consignee, or their designated customs broker, and only transferring physical possession of the devices for pre-sale activity as defined in paragraph a11 of this section is permitted prior to Grant of Certification under 2.907. The device manufacturer, developer, importer or ultimate consignee, or their designated customs broker must have processes in place to retrieve the equipment in the event that the equipment is not successfully certified and must complete such retrieval immediately after a determination is made that certification cannot be successfully completed.
vii The device manufacturer, developer, importer or ultimate consignee, or their designated customs broker must maintain, for a period of sixty 60 months, records identifying the recipient of devices imported for pre-sale activities. Such records must identify the device name and product identifier, the quantity shipped, the date on which the device authorization was sought, the expected FCC ID number, and the identity of the recipient, including contact information. The device manufacturer, developer, importer or ultimate consignee, or their designated customs broker must provide records maintained under this provision upon the request of Commission personnel.

PART 95PERSONAL RADIO
SERVICES
4. The authority citation for part 95
continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307.

5. Revise 95.391 to read as follows:

95.391 Manufacturing, importation, and sales of non-certified equipment prohibited.

No person shall manufacture, import, sell, or offer for sale non-certified equipment for the Personal Radio Services except as provided for in 2.803c2i and 2.1204a11 of this
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