TIA Proposals for Electronic Labeling Programs

1. TIA Proposals for Electronic Labeling Programs TCBC Workshop – Baltimore, MD Apr. 10, 2014

2. Agenda • Introductions • Background on TIA & Overview of TIA’s Technical Regulatory Policy Committee (TRPC) • Electronic Labeling • Background on TIA’s Request for the Non-Exclusive Allowance for eLabeling • FCC Authority to Pursue an eLabeling Pilot Program • Proposal to Industry Canada for eLabeling Allowance • The eLabel • Information for Customs Agents • Questions? • Adjournment

3. About TIA • Washington, DC-based trade association for global information and communications technology (ICT) manufacturers, vendors, and suppliers, providing value to industry members through policy advocacy, standards development, networking, etc. – please visit http://tiaonline.org/ • American National Standards (ANSI) accredited standards development organization • TIA 2014 Network of the Future Conference: (http://www.tia2014.org/)

4. About TIA • Key areas of policy advocacy: • Trade and market access • Disability access to ICT • Broadband convergence (deployment policies, IP transition, etc.) • Cybersecurity and supply chain integrity • Energy and environment • Health ICT • Intelligent transportation systems • Standards & IPR • Device approval • Spectrum allocations • Public safety issues • Please visit http://tiaonline.org/policy

5. Background on TIA’s Request for the Non-Exclusive Allowance for eLabeling • Consideration of eLabeling in other administrations is already at various stages: • Allowances in Australia, Japan, & the United Arab Emirates. • EU Parliament considering the inclusion of an electronic labeling allowance in its revision of the radio and telecommunication terminal attachment equipment (R&TTE) Directive

6. Background on TIA’s Request for the Non-Exclusive Allowance for eLabeling • In August 2012, TIA formally petitioned the FCC to allow for the non-exclusive option of electronic labeling. • We believe that this option would ease technical and logistical burdens on manufacturers while increasing end user access to useful information about their devices. • The item was later put on Public Notice, and saw no opposing comments. It has not yet been assigned a docket number.

7. Background on TIA’s Request for the Non-Exclusive Allowance for eLabeling • This request was not addressed under the broader FCC docket for device approval process reform, although the TIA introduced it in its comments. • TIA believes that the FCC should move forward as quickly as possible to address the requested non-exclusive allowance of eLabeling in the United States.

8. FCC Authority to Allow for eLabeling • The Commission has established an authorization program to ensure that equipment reaching the market complies with the technical requirements, which includes device labeling. 47 C.F.R. § 2.925. • Subsection (d) of section 2.925 states: “[T]he nameplate or label shall be permanently affixed to the equipment and shall be readily visible to the purchaser at the time of purchase.” • The Commission allows for electronic labeling on software defined radios as long as the radio is “equipped with a means such as a user display screen to display the FCC identification number normally contained in the nameplate or label.” 47 C.F.R. § 2.925(e).

9. FCC Authority to Allow eLabeling cont’d • The Commission has already initiated rulemakings for reducing burdens of the equipment authorization program on manufacturers, and has stated that such reforms “greatly benefit both large and small manufacturers and encourage the development of innovative products that best meet consumer’s needs.” See, e.g., Notice of Proposed Rulemaking in ET Docket 97-94, 12 FCC Rcd 8743 at ¶ 1 (1997). • Electronic labeling has already been allowed for: • Software defined radios. See 47 C.F.R. § 2.925(e). • Modular transmitters, where the Commission stated that it made this allowance to “provide additional flexibility to manufacturers.” See47 C.F.R. § 15.212(a)(1)(vi); see also Second Report and Order, 22 FCC Rcd 8028, at ¶ 12 (2007).

10. FCC Authority to Allow eLabeling cont’d • The Commission also allows for an “alternative method of identification” for when a “permanently affixed nameplate is not desirable or feasible,” which demonstrates they already contemplated a time when physical labeling would become obsolete. See 47 C.F.R. § 2.925(f). • Relying on § 2.925(f), TIA has also requested that the Commission consider authorization for eLabeling under the KDB process, while the formal rulemaking is pending.

11. Proposal to Industry Canada for eLabeling Allowance • TIA has also requested that Industry Canada (IC) to ease technical and logistical burdens on manufacturers while increasing end user access to useful information about their devices by allowing for the non-exclusive option of eLabeling of RF-emitting and terminal ICT as soon as possible. • TIA has urged IC to include this allowance in its forthcoming draft Issue 10 of RSP-100 — Radio Equipment Certification Procedure,in 2014. • TIA working with RABC stakeholders. • IC intent to approve and publish associated documents, including a CB Notice, by Oct 2014.

12. The eLabel • TIA suggests that the eLabel consist of: • The regulatory ID • The regulatory logo (if applicable) • The product model number • Attestation of Part 15 compliance, if applicable (47 C.F.R. § 15.19) • Any other required information provided on the surface of the product • Note: many companies may choose to provide more than the minimum threshold of information in an eLabel to further benefit the consumer.

13. The eLabel cont’d • 3GPP has recently completed a revision of standard interfaces which provide a means of displaying electronic labels: • 6.9 Presentation of e-marking“The ME may display the electronic marking (e-marking). If the ME supports the e-marking and if the ME supports Physical user input features (see section 5), the following procedure shall instruct the ME to display its e-marking: The procedure shall be accepted and performed with and without an inserted SIM/USIM. The e-marking may include, at the option of the manufacturer, regulatory-mandated marking information, regulatory restrictions of use if required and other relevant marking information. The regulatory marking should follow the format given by the regulation(s).” • TIA proposes that the Commission’s allowance put forward the 3GPP effort as one means of providing required labeling information.

14. Information for Customs Agents • For each unit of imported equipment that incorporates an eLabel in lieu of a physical label, manufacturers may attach on the screen of each unit a transparent, removable sticker that contains the contents of an eLabel described above. • TIA supports putting needed information on packaging labels that includes required regulatory markings and other important information including proper device care, electronic recycling programs, and warranties.

15. How Does eLabeling Help the TCBs? • Eased testing process • Easily address typographical errors which sometimes appear on hard copy labels • Eased access to device information • Eased post-market surveillance

16. Questions?

17. Thank You! Brian Scarpelli Sr. Manager, Government Affairs Telecommunications Industry Association (TIA) d: 703.907.7714 | m: 517.507.1446 BScarpelli@tiaonline.org | tiaonline.org