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Review of FCC Radio Rules & Regulations

 
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Regulations / Law
Last Post by Carl Blare 3 years ago
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Mark
 Mark
(@mark)
Posts: 2302
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Looking at the link to Carl's post about who is responsible for compliance, please look very closely at Section A and B (1 and 2) and read very closely at what it says.
Section A states that: " In the case of equipment requiring a grant of certification the party to whom the grant of certification is issued is responsible"
That says plainly without needing a lawyer that the manufacturer(the party) that got the certification is responsible for compliance. If the Retekess TR 508 got a certification with part 15 the end user has every right to assume it's legal and can't be held responsible for problems in it's operation.

Section B 1 and 2 clearly states that...if the equipment is assembled from component parts and one can assume instructions, for assembly (called a kit) marketed or not, but stated by the manufacturer/kitmaker as compliant the assembler is responsible for compliance. And section B says if it is imported the importer is responsible, the importer being you, the assembler.

So if a kit like SStran the assembler is responsible for compliance, not necessarily the end user as the end user may not have assembled it.

If a premanufactured/assembled product like the Procaster for example, where a certification was needed and has been given to the manufacturer the manufacturer is responsible for compliance, not the end user.

But look closer with kits.....THE ASSEMBLER is responsible....NOT THE END USER unless the end user is also the aasembler. If you get an SStran kit and then have someone do it for you, you are not the assembler and are not responsible for it's operation. BUT...if it's a kit you ordered from another country and you are the importer than you are responsible for everything!

This is easy to understand.


This post was modified 3 years ago by Mark
 
Posted : 05/08/2023 12:33 pm
 Carl Blare
(@carl-blare)
Posts: 2621
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Topic starter
 

 E says if the business is sold or the owner retires and someone else takes over the business the certification for the product gets transferred to the new owner to continue the product. Not gets transferred to the end user.
From what I see the only time the end user is responsible for compliance is if assembled from a conglomeration of parts and instructions from someone else who declared it compliant when built.


This post was modified 3 years ago 2 times by Mark
 
Posted : 05/08/2023 6:03 pm
Mark
 Mark
(@mark)
Posts: 2302
Member Moderator
 

Sorry Carl I deleted one of my own comments and may have by mistake deleted your comment about looking at section E but I saw it.
Somehow something got mixed up and a post I made about section E to answer is in your name as the poster and I can't be bothered to figure it out.


 
Posted : 05/08/2023 10:07 pm
 Carl Blare
(@carl-blare)
Posts: 2621
Famed Member Registered
Topic starter
 

No worries, Mark. Blame it on electric discharges from a solar storm blasting the earth. Luckily having a technical burp in a forum thread does not need to be blamed on a 'responsible party'.


 
Posted : 06/08/2023 2:57 am
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