The Enforcement Bureau of the U.S. Federal Communications Commission (FCC) is reminding marketers of radio frequency (RF) devices that requirements covering its Supplier’s Declaration of Conformity (SDoC) are now in effect and subject to enforcement.
Under FCC rules, devices that do not purposely transmit an RF signal for communications purposes may be legally marketed in the U.S. provided that they have been authorized through the submission of an SDoC. However, many manufacturers, importers and retailers are unclear of the various types of devices subject to SDoC authorization, and may unintentionally place unauthorized products on the market.
There is also confusion about what constitutes “marketing” activity. Under FCC rules, marketing activities include the “sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease.” The scope of this activity extends to online retailers who may market RF devices that have not received FCC authorization.
Failure to comply with FCC authorization procedures can result in monetary penalties of more than $150,000 per violation.
In an Enforcement Advisory released in mid-February, the Bureau summarizes these requirements and encourages marketers to conduct a thorough due diligence on any RF device or product they advertise, promote or sell to determine whether it is subject to FCC rules, and to take the necessary action to ensure that the device has received proper authorization from the FCC.