Notes on Regulations Governing the Export of Radio Equipment

Background

Radio equipment must conform to the local regulations before being placed on the US and EU markets. In the US, the Federal Communications Commission (FCC) regulates electronic equipment that is capable of emitting radio frequency energy (known as "radio frequency equipment" or "RF equipment") as it has the potential to cause interference to radio services operating in the radio frequency range of 9 kHz to 3000 GHz. Almost all electronic-electrical products (devices) are capable of emitting radio frequency energy. Most of these products must be tested to demonstrate compliance to the FCC rules for each type of electrical function that is contained in the product. An RF device must be approved using the appropriate equipment authorization procedure as per 47 CFR Part 2 before it can be marketed or imported in the US.

The Radio Equipment Directive (RED) 2014/53/EU which was published in 2014 became effective and replaced the Radio and Telecommunications Terminal Equipment (R&TTE) Directive 1999/5/EC on June 12, 2016. Starting from June 13, 2016, all EU member states shall adopt the new RED and from June 13, 2017 all radio equipment imported to the EU shall comply with the new RED.

Scope

Devices subject to FCC Equipment Authorization include but are not limited to:

• Wi-Fi devices
• Bluetooth radio devices
•  Mobile phones
•  Tablets and other cellular devices
•  Two-way radios and intercoms
• Automatic Identification System (AIS) equipment
•  Broadcast transmitters
• Signal amplifiers

Radio equipment is defined in the RED as:

• An electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radio determination, or
• An electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radio determination.

Televisions, remote controls, headphones, radio communications equipment, and radio/TV broadcasting equipment, are all subject to the RED. There are also some exceptions as listed in Annex I of the RED, including:

• Radio equipment exclusively used for activities concerning public security, defense, State security, or the economic well-being of the State
• Radio kits used by radio amateurs
• Marine equipment
• Airborne equipment, parts and appliances falling within the scope of Article 3 of Regulation (EC) No 216/2008
• Custom-built evaluation kits used solely for research and development purposes

Regulations

The US:

The FCC has two different approval procedures for radio equipment authorization – Supplier's Declaration of Conformity (SDoC) and Certification. The required procedure depends on the type of equipment being authorized. In some instances, a device may have different functions resulting in the device being subject to more than one type of approval procedure.

• FCC SDoC: self-verification process. The responsible party ensures that the product has undergone the necessary testing (it is not necessary to use an FCC-recognized accredited testing laboratory) to confirm that the product complies with the relevant technical standards and retains the test report. The responsible party, who must be located in the US, is not required to file an equipment authorization application with the FCC Commission or a Telecommunication Certification Body (TCB). It should be noted that equipment authorized under the SDoC procedure is not listed in a Commission database. Devices for SDoC include commercial computers, TV and FM receivers, and industrial, scientific, and medical devices for non-consumer use falling under the FCC Rule Part 18.
• FCC Certification: ID certification. Certification is the most rigorous approval process for RF equipment with the greatest potential to cause harmful interference to radio services. It is an equipment authorization issued by an FCC-recognized TCB based on an evaluation of the supporting documentation and test data submitted by the responsible party (e.g., the manufacturer or importer) to the TCB. The equipment will be authorized with an FCC ID if it conforms to the FCC Rules. Testing is performed by an FCC-recognized accredited testing laboratory. Information including the technical parameters and descriptive information for all certified equipment is posted on a Commission-maintained public database. In addition, equipment subject to approval using the SDoC procedure can optionally use the Certification procedure. Devices for Certification include low power transmitters such as cordless telephones, door opener controls, radio control toys, and security alarm systems, devices that intentionally generates RF energy described in Part 15, industrial, scientific and medical equipment for consumer use described in Part 18, automatic variable frequency receivers and super-regenerative receivers, TV interface devices, and family computers and their peripherals. The responsible party is required to place an FCC ID label on the equipment.

FCC Certification Standards: FCC's main standards include (FCC Parts 15 and 18 are the most common standards):

• FCC Part 15 Subpart C/E/F – Intentional Radiators
• FCC Part 18 – Industrial, Scientific and Medical Equipment
• FCC Part 22 – Public Mobile Services
• FCC Part 24 – Personal Communications Services
• FCC Part 25 – Satellite Communications
• FCC Part 27 – Miscellaneous Wireless Communications Services
• FCC Part 68 – Connection of Terminal Equipment to the Telephone Network

The EU:

Radio equipment exported to the EU is subject to the Radio Equipment Directive (RED) 2014/53/EU which establishes a regulatory framework for placing radio equipment on the EU market. The RED sets out obligations for manufacturers, authorized representatives, importers and distributors, which are defined as follows:

• You are a manufacturer if you manufacture radio equipment yourself, or have radio equipment designed and manufactured, and market it under your name or trademark.
• You are an authorized representative if a manufacturer has given you a written mandate to act on their behalf in relation to specific tasks.
• You are an importer if you are established in the EU and you sell radio equipment from outside the EU into the EU.
• You are a distributor if you make radio equipment available for sale or supply, but are not a manufacturer or importer.

The key requirements of the RED for radio equipment to be placed on the EU market are EU Declaration of Conformity (DoC) and EU CE marking which shall be followed by the identification number of the notified body involved in the conformity assessment procedure. Manufacturers and/or importers must ensure the radio equipment conforms to the labeling requirements, i.e. bearing the name, registered trade name or registered trade mark, and the address at which they can be contacted, as well as the type, batch and/or serial number or other element allowing the identification of the radio equipment.

A manufacturer’s responsibilities include:

• Drawing up the technical documentation before placing the radio equipment on the market and frequently updating it
• Carrying out a conformity assessment and drawing up an EU declaration of conformity (DoC)
•  Affixing the CE marking visibly, legibly and indelibly to the radio equipment or to its data plate, and to the packaging
• Ensuring radio equipment bears the type, batch or serial number, or other element allowing the identification of the radio equipment, as well as the name, registered trade name or registered trade mark, and the address at which the manufacturer can be contacted
• Retaining the technical documentation and EU DoC for 10 years after placing the radio equipment on the EU market
• Ensuring production procedures conform to the RED by carrying out sample testing, if appropriate, with regard to the risks presented, investigating, keeping a register of complaints and non-conforming radio equipment, and keeping distributors informed about the monitoring.

An importer’s responsibilities include:

• Ensuring the appropriate conformity assessment procedure has been carried out by the manufacturer
• Ensuring the manufacturer has drawn up the technical documentation
• Ensuring the radio equipment bears the CE marking
• Labeling the radio equipment with the name, registered trade name or registered trade mark, and the postal address at which the importer can be contacted
• While an item of equipment is under the importer's responsibility, ensuring that its storage or transport conditions do not jeopardize its compliance with the essential requirements
•  Carrying out sample testing, if appropriate, with regard to the risks presented, investigating, keeping a register of complaints, non-conforming radio equipment and keeping distributors informed about the monitoring.

A distributor’s responsibilities include:

• Acting with due care in relation to the requirements of the RED
• Ensuring that, while an item of equipment is under the distributor’s responsibility, its storage or transport conditions do not jeopardize its compliance with the essential requirements.

Legal Basis

For more information about the US regulations on radio equipment, please refer to:

• FCC’s rules and regulations
• FCC's information about RF device
• FCC's equipment authorization procedures
• FCC ID search

For more information about the EU regulations on radio equipment, please refer to:

• Radio Equipment Directive (RED)
• Notified bodies in relation to the RED

Note: The above information does not constitute any legal advice and shall not be deemed or represent the legal opinion or conclusion of the regulatory body. Further, we do not undertake or warrant that the information represents the latest laws and regulations. For specific information, please consult the competent authority, law firms, or third-party certification/testing/consulting companies in the target country or region.
 

AliExpress
August 31, 2020