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FCC, radio transmission, intentional radiators - Am I good?

joshelsom's Avatar

My invention requires the use of a transmitter radiating in the 5.8Ghz ISM band. May any device be operated in an ISM band if it is transmitting within the authorized power limits?

Thanks

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ipowereverywhere's Avatar

Josh, I do 2.4 and bluetooth all the time. We have to get an FCC license for the product if sold in the US. In fact all devices no matter output require it. Its not hard to get, its more about making sure you arent broadcasting higher power than allowed and to pay your dues. If your not selling millions the fee’s wont be that crazy. The retailers will require the number before reselling too. However people who sell in small batches usually use pieces of hardware off that shelf that already have filing and since its only a few dozen or hundred pieces they dont bother with the FCC registration.

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joshelsom's Avatar

Thanks, Brian.

So, if I understand you rightly, I’ll have not problem receiving and broadcasting at 5.8 if I stay beneath the published power threshold?

*sorry for the xtra response

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joshelsom's Avatar

Thanks, Brian.

So, if I understand you rightly, I’ll have not problem receiving and broadcasting at 5.8 if I stay beneath the published power threshold?

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ipowereverywhere's Avatar

No…it means that if you are making a few and selling yourself chances are no one will ever know…but If you want to go retail / amazon you will need a registered number..honestly its not that hard to get

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joshelsom's Avatar

Understood on the need for a FCC ID when the product goes to market.

What I’m trying to determine is whether I can leagally manufacture a product that transmits a radio freq., so long as that transmission falls within the unlicensed ISM frequency bands. I want to use 5.8Ghz because of the small antenna size, but I am not using the product for Wi-Fi or A/V transmission (the two product categories which seem to proliferate that band). So I want to establish whether my product can legally transmit there since it is both novel and does not fall into either of the two previously mentioned product categories.

Also, are you an electronic engineer, or do you have someone on your team that helps in the development of your hardware?

Thanks again!

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ipowereverywhere's Avatar

Yes, my background is electronic engineer – mainly in control systems but we do everything and contract out what we cant do.

If you do overseas production and try to import without an FCC license on the product Customs will not clear it and you will have your cargo seized. If you have a website that say builds small gate controllers, RC controllers etc etc and make them in your own shop and sell on like ebay, etsy etc you should be ok..plus unless your do custom PCB board anything you buy off the shelf will have an FCC license.

If an agent gets wind and comes to your residence they are legally allowed to do onsite inspection of your devices.

When I did microboom we sourced 75% of the parts and had the factories put their FCC filing into the paperwork and when we had our first container hit the dock it was flagged..had to pay for an independent agent to go to the docs and verify the equipment and even then had to file for our own paperwork despite it using parts similar to many bluetooth speakers…by the time product was released we had tacked up about $24,000 in fees and fines.

its honestly worth the $145 to file..the only way around it is to find what channels inside 5.8 are considered open and designated for unlicensed operation.

You can also have your production partner file the paperwork if you make in the US with a local factory.

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joshelsom's Avatar

I think I am okay. The product fits the FCC’s definition of ISM equipment. And ISM equipment may operate on the following frequencies.

§18.301 Operating frequencies.
ISM equipment may be operated on any frequency above 9 kHz except as indicated in

§18.303. The following frequency bands, in accordance with §2.106 of the rules, are allocated for use by ISM equipment:

ISM frequency Tolerance
6.78 MHz ±15.0 kHz
13.56 MHz ±7.0 kHz
27.12 MHz ±163.0 kHz
40.68 MHz ±20.0 kHz
915 MHz ±13.0 MHz
2,450 MHz ±50.0 MHz
5,800 MHz ±75.0 MHz
24,125 MHz ±125.0 MHz
61.25 GHz ±250.0 MHz
122.50 GHz ±500.0 MHz
245.00 GHz ±1.0 GHz

Note: The use of the 6.78 MHz ±15 kHz frequency band is subject to the conditions of footnote 524 of the Table of Allocations. See §2.106.

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joshelsom's Avatar

Regarding your products, Brian, did you design your own integrated circuit boards, or did you contract that out?

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