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Publication Number: 765119 Rule Parts:  Publication Date: 03/26/2007
Keyword: Marketing Rules, give-away devices

First Category: Administrative Requirements
Second Category: Marketin

Question:   Is an equipment authorization required for devices that are to be used as a "give-away" devices, since they are not literally being marketed?

Answer:   There is no exception for equipment authorization in the rules (CFR Part 2.803) for “give-away” devices. According to marking rules 47 CFR Subpart J of Part 2, a device must comply with the FCC administrative and technical requirements before it can be legally imported and/or marketed in the USA (47 CFR 2.804-2,805). If the give-away is a prototype or sample prior to equipment authorization, there are conditions contained in (47 CFR 2.803) for marketing of radio frequency devices prior to authorization.


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