You’ve designed a new product that allows purchasers of the device to control the device with their Smart Phone by Bluetooth(R). Moreover, you’ve chosen a pre-certified a Bluetooth(R) module to speed design i.e. you know that the manufacturer has pre-certified the module with the FCC as a Single Modular Transmitter so you may skip this step. And the FCC modular grant states the device description and, if applicable, any limiting conditions of the FCC grant or authorization. As long as you follow the instructions of the transmitter module manufacturer you’re within FCC compliance, right? Not necessarily. You may also need to check whether your device needs further testing to ensure that it also meets FCC requirements for the unintended radio waves that it generates.
FCC Regulatory Authority
The Federal Communications Commission (FCC) is empowered to regulate interstate and international communications by wireless transmission. Because electrical products may produce radio spectrum noise that interferes with wireless communications, the FCC’s authority allows it to regulate devices or equipment that produces intentional and unintentional radio wave transmissions. Intentional radiators/transmitters are products like cell phones and Bluetooth devices that intentionally radiate radio waves. Unintentional radiators/transmitters are electronic devices that produce radio waves incidental to their operation, such as a computer without a wireless transceiver.
So, do you need to FCC authorization or not? Well, certain equipment is specifically listed as exempt from testing in 47 CFR 15.103. Examples of exemptions include relatively low frequency devices (i.e. below 1.705 MHz), very low power (< 6nW) devices, passive devices, or devices used exclusively in vehicles. Otherwise, FCC guidelines allow determination of whether equipment or devices require Verification, a Declaration of Conformity, FCC certification, or Registration. Whereas Verification applies to unintentional radiators, FCC Registration applies to devices such as cell phones. Once you’ve determined that your product is required to undergo an “equipment authorization procedure”, you should consult an accredited third-party FCC lab capable of testing your product and archive the test report. Also remember to comply with FCC labeling requirements and include any necessary instructions to consumers in manuals.
FCC regulations for Manufacturers and Retailers
Importation, sales, or use of non-exempt unauthorized equipment is illegal may be held at customs, subject to seizure, and/or fined. And, FCC action may be taken against retailers if the manufacturer is located outside of the US. So, before you import and sell, be sure the products comply with FCC requirements. Moreover, non-compliant FCC devices are an attractive target for competitors.
The headache of failing to consider FCC compliance can be significant. FCC actions, fines, legal fees, and loss of business are all possible unless you plan early to consider FCC regulations. Compliance is not overwhelming given sufficient time and proper planning.