Consumer Electronics, Equipment, and Device Manufacturers
RF equipment used in the wireless, broadcasting, and cable industries is subject to many federal regulations administered primarily by the Federal Communications Commission (FCC), the Food and Drug Administration (FDA), and the Department Commerce’s Bureau of Industry and Security (BIS), plus the Office of Foreign Assets Control (OFAC) in the Department of Treasury. For example, a CD player is subject to the technical rules for digital devices in Part 15 of the FCC’s rules as well as the FCC’s equipment authorization requirements, and it is subject to the FDA’s electronic product regulations.
Export control regulations administered by BIS and OFAC impose a licensing requirement on the transfer of product, technology, software, materials, and associated equipment related to RF equipment listed on the Department’s affirmative control list. Patton Boggs’ TechComm group, in conjunction with the firm’s Export Compliance and National Security practice group, can help device manufacturers with all facets of regulatory compliance needed to get products to market quickly:
- Determining whether equipment complies with applicable technical requirements set forth in the relevant licensed (or unlicensed) service rules, including interfacing with FCC and/or other relevant federal agency staff to secure appropriate agency approvals;
- Obtaining waivers or other appropriate regulatory relief when technical compliance is unworkable, and when waivers or other forms of operational approvals are inappropriate;
- Helping manufacturers and their customers respond to instances of non-compliance, including assessment, responding to enforcement actions before the FCC and NTIA, responding to letters of investigation, opposing FCC Notices of Liability, and reaching settlement agreements with the FCC; and
- Assisting manufacturers and their customers in obtaining experimental authorizations, special temporary authority, or authorizations for limited market studies in order to enable adequate testing of technology and equipment.
On the export side, the Firm’s TechComm group, working in conjunction with the Export Compliance group, can assist companies in:
- Obtaining the correct classification and jurisdictional determinations needed to determine which licensing agencies impose requirements on the transfer of RF equipment, technical data, and technology;
- Obtaining relevant export authorizations (once properly classified) or invoking license exceptions/exemptions to ensure that RF related transactions occur in compliance with BIS, OFAC, and other regulatory regimes;
- Investigating the non-compliance, initially notifying the relevant government agencies, and helping resolve any disclosure issues if mistakes happen and RF equipment or data is exported without correct licensing; and
- Licensing and disclosure of any issues related to the hiring of foreign persons – visa holders and other non-U.S. citizens or non-U.S. permanent residents – who require export authorizations to work on RF-related equipment or technology, whether in the U.S. or abroad.
As a full service organization, we can help you address your regulatory issues.