FCC Confidentiality Procedures
Tech.
Track
Issued by: Teleconformity
Number: TCMY-030
Publication date: 2011-08-10
Author: CEO
Long term, Shot term and "Normal" Confidentiality?
First of all, Long term confidentiality is the Normal method to keep certain docuements confidential, like schematics, block diagrams, operational description and bill of materials. With Short term confidentiality, a period of 45 days on certain additional exhibits such as internal/external photos and user's manual can be set, and this period can be extende 4 times to 180 days maximum, with good reason. After expiration of the confidentiality period and also if not requested extended, these additional exhibits become visible in the FCC database for the internet public.
Confidentiality of Pending Application Exhibits
When an application for equipment authorization of an RF device is filed with the FCC (or with a Telecommunications Certification Body (TCB) acting on behalf of the FCC) all of the information related to that application is confidential until the equipment authorization has been approved, and a grant of authorization to market is issued. Only the applicant, the applicant's agent (if applicable), and the FCC (or TCB) can access the information, using the combination of FCC ID and a randomly generated FCC Form 731 Confirmation Number.
If an application is filed with the FCC, an applicant may request deferral of the grant of authorization (See Section 0.457(d)(1)(ii)). Pending application information is not available for public inspection; therefore, the information related to the application will effectively be held confidential until the requested deferred grant date.
Confidentiality of Granted Application Exhibits
Upon applying for an equipment authorization, there are two types of confidentiality that may be requested for certain exhibits within the application - permanent / long-term confidentiality which is intended to safeguard trade secrets in accordance with Sections 0.457(d) and 0.459 of the FCC rules; and short-term confidentiality which is intended to allow for the preparation of marketing of devices without disclosure of sensitive information to the public prior to actual sale of the devices. A table that describes the confidentiality requests accepted for both long-term and short-term confidentiality is attached.
Any exhibit not granted confidentiality is viewable on the Office of Engineering and Technology (OET) equipment authorization Web site as soon as a grant is issued. Applicants filing for an equipment authorization should be aware of the public availability of exhibits not marked confidential following the issuance of a grant of equipment authorization. Before a grant of equipment authorization is issued the applicant should ensure that (1) a sensitive exhibit is approved as confidential and (2) no confidential information is included in any non-confidential exhibit.
An FCC filed application requires only one confidentiality fee regardless of the number of exhibits requested held confidential, and regardless of whether the application contains a request for both Long-Term Confidentiality and Short-Term Confidentiality. There is no confidentiality fee payable to the FCC for an application filed with a TCB.
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