As of February 6th, 2023 the new requirements for FCC22-84 are in effect. The FCC 22-84 has been published on the Federal Register causing TCB to require three more documents for compliance. The new requirements include new attestation forms and a certified designated U.S. get for service of process.
According to latest KDB 986446 D01 Covered Equipment v01 Section 2.911(d)(5)(i)-(ii) of the rules requires two certifications by the applicant at the time that the application for equipment authorization is filed with the TCB. These certifications must be submitted together in one submission.
First the Applicant for equipment authorization must provide a written and signed certification that the equipment for which it seeks an equipment authorization is not prohibited from receiving an equipment authorization pursuant of section 2.903. Section 2.903 (a) prohibits authorization of “covered” equipment. Accordingly, the applicant must submit a written and signed certification that the equipment for which it seeks authorization is not “covered” equipment.
The applicant should provide the information required by section 2.911(d)(5)(i) as an attachment to their equipment authorization application. The attachment will be uploaded as a pdf document to the exhibit type “Attestation Statements” with the description text identifying it as the section 2.911(d)(5)(i) filing. It needs to be does in a similar manner as the following example.
The Applicant must then sign this certification.
If the equipment the applicant is trying to authorize is produced by any of the entities identified on the current Covered List, the applicant must include an explanation on how the equipment in question is not “covered” equipment.
Next, the applicant must provide a written and signed certification that includes an affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to section 1.50002, as an entity producing “covered” equipment. Entities identified on the current Covered List as producing “covered” equipment include Huawei, ZTE, Hytera, Hikvision, and Dahua, along with their subsidiaries and affiliates. If the applicant confirms that they are only one of these identified entities, it must include a written and signed certification in the affirmative. If the applicant is not connected to any of these entities, it must include a written and signed certification in the negative.
The applicant should provide the information required by section 2.911(d)(5)(ii) as an attachment to their equipment authorization application. The attachment will be uploaded as a PDF document to the exhibit type “Attestation Statements” with the description Text identifying it as the section 2.911(d)(5)(ii) filing. And with a paragraph written in a similar manner as the following example.
Then the applicant must sign this certification.
A new procedure to FCC but not elsewhere around the world is the need for the designation of a U.S. Agent for service of process. Section 2.911(d)(7) states that an applicant must designate a contact located in the United States for purposes of acting as the applicant’s agent for service of process, regardless of whether the applicant is domestic or foreign entity. A local applicant located within the United States may designate themselves as the agent for services of process.
In both scenario, the designation of the US Agent for service of process should be provided as an attachment to the equipment authorization application . This attachment should be uploaded as a PDF document to the exhibit type “Attestation Statements” with the description text identifying it as the section 2.911(d)(7) filing. The applicant must provide a written certification that has these four requirements. First, signed by both the applicant and designated agent to service of process, if the agent is different from the applicant. Second, acknowledge the applicant’s consent and the designated agent’s obligation to accept service of process. Third, provide a physical U.S. address and email for the designated agent. Fourth and lastly, acknowledge the applicant’s acceptance to maintain an agent for no less than one year after the grantee has terminated all marketing and importation or the conclusion of any Commission-related proceedings involving the equipment.