International Trade Today is providing readers with some of the top stories for Aug. 10-14 in case they were missed.
The Federal Communications Commission should allow for more time for industry to consider some recently proposed changes to the agency certification requirements for radio frequency (RF) devices, said two telecom trade associations in a request for a comment deadline extension (here). Among other changes, the recently proposed rulemaking would end the requirement that importers of RF devices file certifications with CBP that their imports meet FCC import requirements (see 1508110024). The Telecommunications Industry Association and the Information Technology Industry Council asked that the FCC extend the comment and reply comment periods because "these questions address matters that raise a wide range of equipment approval issues of a technical, legal, and practical nature, impacting a diverse set of stakeholders, each of whom will need to closely analyze and consider the potential effect of the rule changes being considered." The "proposed changes directly impact the tens of thousands of [information and communications technology] products that must undergo the Commission’s Authorization process before marketing and sale is legal," the groups said.
The Federal Communications Commission intends to end the requirement that importers of radio frequency (RF) devices file certifications with CBP that their imports meet FCC import requirements, it said in a proposed rule issued Aug. 6 (here). The agency’s proposed rule would also implement electronic device labeling provisions signed into law in November; provide for provisional FCC certification of devices instead of requiring that devices with pending certifications be kept in bonded warehouses; increase the number of devices that may be imported for demonstration purposes at trade shows; and eliminate exemptions from importation requirements for several types of devices. Comments on the proposed rule are due Sept. 8.
While there has been some progress toward an International Trade Data System, the complexity of bringing together a disparate group of governmental bodies with differing statutory requirements continues to present some roadblocks, say government and industry officials. Still, there continues to be significant momentum from President Barack Obama's executive order in February that created a 2016 deadline for finishing ITDS (see 14021928), they said. For instance, the Federal Communications Commission (FCC), an agency that is involved in regulating some imports but is far less involved at the border as other agencies, reported some movement on its work with CBP, though its clear there's still much to be done.
President Barack Obama signed into law a bill that lets device manufacturers include a required Federal Communications Commission label digitally rather than on the physical device, the White House said Nov. 26 (here). The House passed a Senate version of the bill (here) earlier this month (see 1411140039). According to the bill, U.S. manufacturers and consumers of FCC licensed devices "would prefer to have the option to provide or receive important Commission labeling information digitally on the screen of the device and such an option "would give flexibility to manufacturers in meeting labeling requirements." Within nine months, the FCC is required to "promulgate regulations or take other appropriate action, as necessary, to allow manufacturers of radiofrequency devices with display the option to use electronic labeling for the equipment" in place of affixing physical labels to the equipment.
The House approved the Senate version of the E-Label Act (S-2583) Nov. 13 by unanimous voice vote. It had already approved its own companion version of the legislation. The bill would allow device manufacturers to include a required Federal Communications Commission label digitally rather than on the physical device. The legislation now advances for White House signature to become law. "I am confident the FCCs Office of Engineering and Technology will do a great job updating our labeling rules," said bill author Sen. Deb Fischer, R-Neb., in a statement following the House approval (here).
Intel agreed to pay the Federal Communications Commission $144,000 and implement a three-year compliance plan to resolve an investigation into whether Intel employees had tested prototype smartphones and tablets before the FCC certified them, said the agency's Enforcement Bureau on July 2. Intel had imported the devices in question for its business customers so they could "develop their own devices for potential sale to the general public," the agency said. Intel also admitted exceeding import quotas and displaying a device model at a trade show without the required notice to potential customers and the public that it had not yet been authorized by the commission, the bureau said. "The Commission's rules impose restrictions and conditions on these activities to ensure that unauthorized devices are not prematurely distributed to retailers and then sold to the general public," the bureau said. "These devices, if not in full compliance with the Commission's technical requirements, could cause harmful interference to other electronics and radio communications devices." After "an in-depth study and working with the FCC's Spectrum Enforcement Division, Intel and the FCC have reached an agreement on a Consent Decree to address the policy exceptions made by Intel's staff," emailed a company spokesman. "Intel is pleased to put this matter behind us."
The FCC proposed the "largest fine in its history" for the alleged illegal marketing of 285 models of signal jamming devices to U.S. consumers for more than two years. The FCC proposed a fine of $34.9 million against Chinese company C.T.S. Technology, an electronics manufacturer and online retailer. The FCC said it proposed the largest fine allowed for each individual model allegedly marketed by C.T.S.
The Federal Communications Commission cited a California company for importing and marketing counterfeit smartphones marked with unauthorized or invalid labels falsely indicating that the phones were certified by the FCC. The FCC ordered Panasystem Corp., an online electronics retailer, to immediately stop importing and marketing the uncertified devise or else face monetary penalties.
The Federal Communications Commission should consider modernizing labeling requirements for devices that have to be certified by the agency and adopting more widespread "e-labeling" for some wireless devices, Commissioner Mike O'Rielly said April 25 in a blog post. "Electronic labeling, or e-labeling, could replace the current system of etched labels containing FCC certification information on the outside body of each electronic device," he said. "Instead, this information could be provided through software on device screens. " E-labeling would cut costs for device manufacturers, O'Rielly said. "As devices have become smaller and more aesthetically appealing, etching the labels requires more design time and expensive equipment." The Telecommunications Industry Association asked the FCC to allow voluntary e-labels, in a 2012 petition for rulemaking.