FCC Ends Form 740 Filing Requirements – FCC Posts Related FAQ

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The Federal Communications Commission (FCC) has published a Federal Register Notice (FRN) stating the FCC has ended its Form 740 filing requirements for imported radiofrequency devices as of Thursday, November 2, 2017. Like during the “waiver period” in place since July 1, 2016, while the Form 740 will no longer be required, the FCC will continue to require compliance with rules for importing RF devices.

The FCC website has posted the following guidance (including an FAQ):

Equipment Authorization – Importation
Prior to July 1, 2016, importers were required to file FCC Form 740 (Section 2.1203 – General Requirement for Entry, and Section 2.1205 – Filing of Required Declaration) as part of their customs entry documentation.

As of November 2, 2017, the requirement to submit a Form 740 has been eliminated (see FCC-17-93).

As noted, the FCC guidance includes an FAQ. Of special interest, see FAQ #3, below:

3. What are the responsibilities of importers for proof of an equipment authorization?
If requested, the ultimate consignee must be ready to provide to Customs and/or the FCC the specific equipment authorization documentation.

The documentation required depends on the equipment authorization procedure or procedures used:

  • Supplier’s Declaration of Conformity (SDoC) – The importer of record becomes the responsible party, and must be located within the United States and provide their name, address and telephone number or internet contact information as part of the compliance information for the end-product documentation. The FCC has the right to request samples for inspection and submission of equipment for testing, and the test records as per the retention of records rules.
  • Certification – The responsible party is the party to whom the grant of certification is issued. The importer can rely on the foreign manufacturer for obtaining a certificate (grant of certification). The FCC may request samples for certified equipment for FCC inspection. If compliance issues arise, the grantee will be required to address those, or the grant may be subject to revocation or withdrawal of the equipment authorization. Withdrawal would result in the item not being able to be imported, marketed, or sold in the United States.

The trade community is reminded this action only eliminates the Form 740 filing requirements. As noted above, all other requirements related to importation and to compliance with equipment authorization rules for radio frequency equipment continue to apply and remain the responsibility of the importer.

Review of the details of this Final Rule is available by contacting the FCC directly:

Brian Butler, Office of Engineering and Technology, (202) 418-2702,
email: Brian.Butler@fcc.gov,
TTY (202) 418-2989

As always, your general questions about the information presented here may be addressed with your Livingston account representative, or by contacting Livingston’s US Regulatory Affairs group: usregaffairs@livingstonintl.com.