Are FCC Rule Parts the Law?

The FCC needs a methodology for determining compliance within the rules and regulations promulgated by the FCC.

Be aware that the rules and regulations commonly called Code of Federal Regulations are NOT the law; the law is contained prima-facie in the Title code [i.e. USC]. The rules and regulations merely tell government agencies how to interpret the law-- primarily for their own usage. If you understand this advanced lawful concept, you will understand why the FCC seeks compliance over enforcement. Can you understand why the methodology for “compliance” is so nebulous....in application to the private sector? Further, you will understand why the FCC will never answer the question, “What is legal?” They will instead simply state what is compliant within the CFR…for example CFR Part 15.

Bandwidth and Emissions

47 C.F.R. § 2.1 defines spurious emissions as "emissions on a frequency or frequencies which are outside the necessary bandwidth and the level of which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions."

Out-of-band Emission. Emission on a frequency or frequencies immediately outside the necessary bandwidth which results from the modulation process, but excluding spurious emissions. (RR)

§ 2.1 Terms and definitions.

Emission: Radiation produced, or the production of radiation, by a radio transmitting station.

Occupied Bandwidth: The width of a frequency band such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to a specified percentage β/2 of the total mean power of a given emission.
Note: Unless otherwise specified in an ITU-R Recommendation for the appropriate class of
emission, the value of β/2 should be taken as 0.5%. (RR).

As defined by 3GPP TS 34.121 section 5.8, Occupied Bandwidth (OBW) is the bandwidth containing 99% of the total integrated power of the transmitted spectrum, centered on the assigned channel frequency.

§ 24.238 The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power.

§ 22.917 The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power.

Spurious domain (of an emission): The frequency range beyond the out-of-band domain in which spurious emissions generally predominate.   (RR)

Spurious Emission. Emission on a frequency or frequencies which are outside the necessary bandwidth and the level of which may be reduced without affecting the corresponding transmission of information.   Spurious emissions include harmonic emissions, parasitic emissions,intermodulation products and frequency conversion products, but exclude out-of-band emissions. (RR)

Out-of-band domain (of an emission). The frequency range, immediately outside the necessary bandwidth but excluding the spurious domain, in which out-of-band emissions generally predominate.

Out-of-band emissions, defined based on their source, occur in the out-of-band domain and, to a lesser extent, in the spurious domain. Spurious emissions likewise may occur in the out-of-band domain as well as in the spurious domain. (RR)

Out-of-band Emission. Emission on a frequency or frequencies immediately outside the necessary bandwidth which results from the modulation process, but excluding spurious emissions. (RR)

Necessary Bandwidth. For a given class of emission, the width of the frequency band which is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. (RR)

RR-ITU Radio Regulations

WLAN/BT Alert Sign Update

2.4 GHz WLAN

2.4 GHz WLAN devices previously required the Alert Symbol as a Class 2 device due to restrictive use in France for wideband data devices up to 100 mW allowing indoor use only. From 1st July 2012, the restriction automatically has been removed.

WLAN in the 2.4 GHz range is now harmonized and Class 1 (Subclass 22).

The following Note on Sub-class 22 in the ECC “Short Range Device regulations and indicative list of equipment sub-classes in accordance with the R&TTE Directive (1999/5/EC)” is no longer applicable.

*) "Equipment within the scope of subclass 22, but capable also of operating at 100 mW across the whole of the frequency band is not to be considered a class 1 device. They can be operated in the EU without restrictions indoor, but cannot be operated outdoors in France in the whole of the band until further notice. They have to be marked with the alert sign accordingly. Member States have however agreed, that they do not need to be notified to Member States under Article 6.4 of Directive 1999/5/EC, provided that users are informed about the restrictions of use."
 

5 GHz WLAN

The situation in the 5 GHz frequency range is a little bit different and complicated. Only the frequency band 5.470 – 5.725 GHz is Harmonized and Class 1(Sub-class 54)
The 5.150 - 5.350 GHz frequency band, even if its technical parameters are fully harmonized remains in Class 2 because the use is limited in indoor areas.

Because a big portion of the equipment is dual band so many times the alert sign is still required.  Below is the summary for reference:

2.4 GHz ONLY / indoor + outdoor
Class 1 – NO Alert Sign

2.4 GHz + 5 GHz /  INDOOR products
Class 2 – Alert Sign

2.4 GHz + 5 GHz  / OUTDOOR products
Class 1 – NO Alert Sign

5 GHz ONLY / Indoor products
Class 2 – Alert Sign

5 GHz ONLY / Outdoor products
Class 1 – NO Alert Sign

Australia: New single compliance mark–RCM commencement date delayed to 1 March 2013

Changes to ACMA labelling arrangements

The three existing compliance marks (C-Tick, A-Tick and RCM) are being consolidated into a single compliance mark—the RCM. This will indicate a device's compliance with all applicable ACMA regulatory arrangements—that is, for telecommunications, radiocommunications, EMC and EME—and with applicable state and territory electrical equipment safety requirements.

The C-Tick and A-Tick compliance marks are to be phased out. A new database will be established for all supplier registration and the supplier identification requirements removed from the labelling notices.