Kickstarting the FCC's Product Marketing & Import Rules

I believe that we can thoughtfully update Federal Communications Commission rules to make it easier and more affordable to bring devices to consumers while reducing investment risk without undermining any consumer protections.  For some time, manufacturers have been advocating that the FCC modernize its marketing and import restrictions, and I heartily agree that now is a perfect time for these improvements, especially given the difficult economic situation facing our country and our increasing reliance on connected devices to work, learn, shop for essential items, and stay in touch with family and friends. Specifically, our rules prohibit the pre-sale or conditional sale of radiofrequency devices, except to wholesalers and retailers.  That means, in order to market and sell the next new cell phone or other innovative device to individual consumers, the manufacturer must first seek and obtain the requisite equipment authorization from the FCC (in other words, through FCC-recognized Telecommunications Certification Bodies).  These rules may have been originally implemented to address concerns that allowing consumers to purchase pre-approved devices could jeopardize a thorough and accurate Commission review or that unapproved devices could accidentally get into the hands of consumers.  Additionally, the rules may have been intended to minimize consumer fraud, as few manufacturers would be willing to go through the equipment approval process if their ultimate goal was to scam consumers.  Or, maybe the aim was to temper the hype from new products to ensure that other FCC licensees wouldn’t be at added risk for harmful interference.  Whatever the reasons, this fifty-year-old rule is past its prime in today’s commercial marketplace, where buying in advance of delivery or availability has become a common and acceptable practice.