Meaning
Federal administrative rules establish the conditions under which a grant of equipment authorization is rescinded by the Federal Communications Commission. When a device no longer complies with the technical standards under which it was approved, 47 cfr 2.939 provides the legal mechanism for revoking its market access. This authority extends to cases where an applicant makes false statements or fails to allow the inspection of production records.
Revocation Cause
Violations of the administrative procedure act or specific technical non-compliance trigger the enforcement actions described in this rule. A manufacturer found to be shipping hardware that differs from the certified design risks the immediate application of 47 cfr 2.939 to their entire product line. Evidence of intentional interference or the failure to maintain a local presence for service of process also falls under this regulatory heading.
Procedural Response
Official notification from the commission initiates a period where the grantee must demonstrate why the authorization should remain valid. Failure to provide a technical justification results in 47 cfr 2.939 being used to strike the device from the public database. The loss of authorization immediately halts all legal sales and imports of the hardware.
Administrative Finality
Orders issued under this section represent the absolute end of a product’s legal lifespan within the domestic market because they cancel the existing grant of equipment authorization. Regaining access requires a new application.
