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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
licensee category includes some large entities.

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D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities The proposals being made in this Notice may require additional analysis and mitigation activities to the part 2
rules that include various provisions to help ensure the integrity of the equipment authorization process. The Commission is authorized to dismiss or deny an application where that application is not in accordance with Commission requirements or the Commission is unable to make the finding that grant of the application would serve the public interest. The rules also require the TCB to perform post market surveillance of equipment that has been certified, with guidance from OET, as may be appropriate.
The Suppliers Declaration of Conformity SDoC process is available with respect to certain types of RF
devices that have less potential to cause interference. The SDoC procedure requires the party responsible for compliance responsible party to make the necessary measurements and complete other procedures found acceptable to the Commission to ensure that the particular equipment complies with the appropriate technical standards for that device. At this time, the Commissions current equipment authorization rules do not include specific provisions addressing the covered equipment on the Covered List. This Covered List identifies communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons. The Commission is required to include communications equipment and services on the list based exclusively on determinations made by Congress and by other U.S. government agencies. Currently, the list includes equipment and services produced or provided by five entities.
In this Notice we examine our rules relating to equipment authorization and participation in Commission auctions to help advance the Commissions goal of protecting national security and public safety. This builds on other actions the Commission recently has taken to protect and secure our nations communications systems.

E. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives among others: 1 the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; 2 the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for such small entities;
3 the use of performance rather than design standards; and 4 an exemption from coverage of the rule, or any part thereof, for such small entities. 5
U.S.C. 603c. In this proceeding, our proposals are consistent with 2, in that our goal is to seek comment on various steps that the Commission could take in its equipment authorization program, as well as its competitive bidding program, to reduce threats posed to our nations communications system by covered equipment and services on the Covered List. We also seek comment on whether the Commission should revoke equipment authorizations of covered equipment, and if so under what conditions and procedures.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules None.
List of Subjects Communications, Communication equipment, Reporting and recordkeeping requirements, Telecommunications, and Wiretapping and electronic surveillance.
Federal Communications Commission.
Marlene Dortch, Secretary.

Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR
part 2 as follows:
PART 2FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.

2. Add 2.903 to subpart J to read as follows:

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2.903 Prohibition on equipment authorization of equipment on the Covered List.

Any equipment on the Covered List, as defined in 1.50002 of this chapter, is prohibited from obtaining an equipment authorization under this subpart. This includes:
a Equipment subject to certification procedures: Telecommunication Certification Bodies and the Federal Communications Commission are prohibited from issuing a certification under this subpart for any equipment on the Covered List; and b Equipment subject to Suppliers Declaration of Conformity procedures.
3. Amend 2.906 by adding paragraph d to read as follows:
2.906 Suppliers Declaration of Conformity.

d All equipment produced or provided by any of the entities, or their respective subsidiaries or affiliates, that produce or provide covered equipment on the Covered List established pursuant to 1.50002 of this chapter, is prohibited from obtaining equipment authorization through the Suppliers Declaration of Conformity process.
4. Amend 2.907 by adding paragraph c to read as follows:
2.907

Certification.

c All equipment produced or provided by any of the entities, or their respective subsidiaries or affiliates, that produce or provide covered equipment, as specified on the Covered List established pursuant to 1.50002 of this chapter, must obtain equipment authorization through the certification process.
5. Amend 2.909 by revising paragraph a to read as follows:
2.909

Responsible Party.

a For equipment that requires the issuance of a grant of certification, the party to whom that grant of certification is issued is responsible for the compliance of the equipment with the applicable standards. If the radio frequency equipment is modified by any party other than the grantee and that party is not working under the authorization of the grantee pursuant to 2.929b, the party performing the modification is responsible for compliance of the product with the applicable administrative and technical provisions in this chapter. In either case, the responsible party must be located in the United States see 2.1033.

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