gslack
Senior Member
- Mar 26, 2010
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The bolded part above...
under FCC guidelines, a company can "self certify" their product.
Not entirely accurate.. Anything operating at frequencies higher than 9khz requires FCC verification testing. Meaning you test it if you want but they have to confirm it somehow and you get a certificate of compliance which you must keep on file. And the product must have the phrase "“This product complies with FCC requirements for a Class B device.”.
Yeah, but that is really self-certification in the sense that the FCC doesn't review the results or issue the certificates. You probably know that many big companies do the measuring in house.. Same with RoHS lead - free certification. Even if you don't have a clue what you're doing -- you can self-certify..
The FCC faq's on it..
Federal Communications Commission FAQ
That is the official policy. As to any companies or manufacturers "cooking the books" or falsifying anything it's on them, but the penalties would be severe for a willful act..
From the faq's
Why do I have to do to comply?
The FCC requires that any product that is covered by FCC regulations undergo "equipment authorization procedure". It is illegal to import, sell, or lease covered equipment that has not undergone the required equipment authorization procedure. Additionally, operators must cease to use equipment that causes interference upon notification by the FCC. The FCC does have the ability to levy fines, impose seizures, and even jail offenders. The FCC frequently targets end-users with fines to bring pressure to bear on retailers.
Has there been enforcement?
Yes. There are cases of fines, forfeiture, and other actions for non-compliant equipment, labeling, or other violations. You can read FCC releases from its enforcement bureau at EB - Equipment Marketing Violations.
Of course it doesn't mean it can't or doesn't happen, but I feel it would be in the company or manufacturers best interest to comply for their own sake. A person who gets a brain tumor or ailment a doctor feels caused by a device, and then finds that device does not comply with FCC regulations or anything, and they are suddenly not only breaking the law but potentially putting consumers in undue risk. And we know how a bad rap can be for a manufacturer. And then there is the fact by being not in compliance with FCC regulations they are then 100% liable for any prospective lawsuits by consumers, advocacy groups, civil suit firms and so on..
It would be a terrible business decision no matter the potential gains.