I have a bluetooth remote control device that uses 2 AA batteries. Due to positive feedback and responses, I'm thinking to sell it to mass market. Thus I need FCC certification.
After reading many articles including all the FCC related questions in this site, I'm still confused.
There are many of wireless products in US market that don't have FCC / CE certification. Many of imported products sold in Amazon don't have the certification. With such a high cost ($10,000-$20,000), I don't think many small company can afford to get this certification. What is consequences if you sell the product without FCC certification?
Before I apply for FCC, what are the things that I need to watch out, especially my PCB. Do I have to care about the box(enclosure)? I mean, my product uses 2 batteries, I don't think it will cause a fire hazard or short circuit. Or if I have to watch out for fire hazard, what component should I add?
The bluetooth module is already certified by FCC and CE. So I will be exempted for the Bluetooth test. But I guess they still need test the product as a whole.What if you failed for the first test, do you have to redo all over again and pay another $10,000?
Thank you.
Dan
Additional info: Q: I’m a retailer, why should I care about FCC regulations? A: It is illegal to import, sell, or operate covered equipment that has not undergone the required equipment authorization procedure. Illegal merchandise can be subject to forfeiture, and you may be subject to fine. Imported merchandise that does not have FCC may be held at customs. Also lack of FCC compliance means the merchandise has never been evaluated for electronic compatibility. This is a sign of bad quality. What other safety or chemical regulatory requirements might not have been evaluated? FCC enforcement action is often levied against retailers and end users, especially where the manufacturer is located outside US jurisdiction. FCC FAQ
Answer
I'm no lawyer, but have been thru the FCC testing process a few times. For a ordinary device that doesn't deliberately transmit (called "unintentional radiator" by the FCC), there is no legal requirement for certifcation. There are legal requirements for what it is allowed to emit, but it up to you how to make sure your device works within the rules.
You can simply sell a unintentionally radiating device without testing. However, if someone files a complaint and the device is found to exceed the legal radiation limits, you're in deep doodoo. If you had the device tested by a accredited test lab and they determined it was within the limits, your legal case will be much better. The FCC still has the right to force you to withdraw the product and even confiscate every unit out there, but if you can show you followed accepted practices of testing then there will be much less of a issue of punative actions.
Intentional radiators are a different story. You do have to have FCC certification to legally sell one in the United States. When the device is certified, you get a certification ID, and that ID generally has to be indicated somewhere on the outside of the device where others can see it.
In the case of a bluetooth module, most likely the module vendor has gotten the certification for the module. If not, I wouldn't go near it. Even if so though, you are still on the hook for the product as a whole. The module will also be certified with some restrictions, like a specific list of antennas that it is certified with. If you attach a different antenna, for example, the module is no longer certified and you're on your own.
If you're trying to sell a intentionally radiating product, you'd better talk to a expert early in the process. You can wing it a bit with unitnentional radiators, but you really don't want to play games with intentional radiators, even if you're using a certified module that does all the intentional radiating.
It might be a good idea to talk to a testing house. They generally will know all the rules. Just keep in mind they sell testing services, and their answers may a bit biased towards you needing a lot of testing.
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