(a) Except as expressly permitted by Sec. 2.803 or Sec. 2.1204 of this chapter, prior authorization must be obtained pursuant to the equipment certification procedure in part 2, Subpart J of this chapter for importation, sale or lease in the United States, or offer, shipment, or distribution for sale or lease in the United States of portable earth-station transceivers subject to regulation under part 25. This requirement does not apply, however, to devices imported, sold, leased, or offered, shipped, or distributed for sale or lease before November 20, 2004.
(b) For purposes of this section, an earth-station transceiver is portable if it is a ``portable device'' as defined in Sec. 2.1093(b) of this chapter, i.e., if its radiating structure(s) would be within 20 centimeters of the operator's body when the transceiver is in operation.
(c) In addition to the information required by Sec. Sec. 1.1307(b) and 2.1033(c) of this chapter, applicants for certification required by this section must submit any test data necessary to demonstrate compliance with pertinent performance standards in Sec. Sec. 25.138, 25.202(f), 25.204, 25.209, and 25.216, must submit the statements required by Sec. 2.1093(c) of this chapter, and must demonstrate compliance with the labeling requirement in Sec. 25.285(b).
(d) Applicants for certification required by this section must submit evidence that the devices in question are designed for use with a satellite system that may lawfully provide service to users in the United States pursuant to an FCC license or order reserving spectrum. [69 FR 5709, Feb. 6, 2004, as amended at 79 FR 8317, Feb. 12, 2014]
Earth Stations