§ 14.37 47 CFR Ch. I (10–1–20 Edition) (d) The complainant may file and 619, or parts 6, 7, or 14 of this chapter, serve a reply. The reply shall: shall be governed by the formal com- (1) Be served on the Commission and plaint rules in subpart E of part 1, the manufacturer or service provider §§ 1.7201.740. that is subject of the complaint within (a) Pleadings must be clear, concise, ten days after service of answer, unless and explicit. All matters concerning a otherwise directed by the Commission; claim, defense or requested remedy, in- (2) Be responsive to matters con- cluding damages, should be pleaded tained in the answer and shall not con- fully and with specificity. tain new matters. (b) Pleadings must contain facts which, if true, are sufficient to con- § 14.37 Review and disposition of in- stitute a violation of the Act or Com- formal complaints. mission order or regulation, or a de- (a) The Commission will investigate fense to such alleged violation. the allegations in any informal com- (c) Facts must be supported by rel- plaint filed that satisfies the require- evant documentation or affidavit. ments of § 14.34(b) of this subpart, and, (d) Legal arguments must be sup- within 180 days after the date on which ported by appropriate judicial, Com- such complaint was filed with the Com- mission, or statutory authority. mission, issue an order finding whether (e) Opposing authorities must be dis- the manufacturer or service provider tinguished. that is the subject of the complaint violated section 255, 716, or 718 of the (f) Copies must be provided of all Act, or the Commission’s imple- non-Commission authorities relied menting rules, and provide a basis upon which are not routinely available therefore, unless such complaint is re- in national reporting systems, such as solved before that time. unpublished decisions or slip opinions (b) If the Commission determines in of courts or administrative agencies. an order issued pursuant to paragraph (g) Parties are responsible for the (a) of this section that the manufac- continuing accuracy and completeness turer or service provider violated sec- of all information and supporting au- tion 255, 716, or 718 of the Act, or the thority furnished in a pending com- Commission’s implementing rules, the plaint proceeding. Information sub- Commission may, in such order, or in a mitted, as well as relevant legal au- subsequent order: thorities, must be current and updated (1) Direct the manufacturer or serv- as necessary and in a timely manner at ice provider to bring the service, or in any time before a decision is rendered the case of a manufacturer, the next on the merits of the complaint. generation of the equipment or device, (h) All statements purporting to into compliance with the requirements summarize or explain Commission or- of section 255, 716, or 718 of the Act, and ders or policies must cite, in standard the Commission’s rules, within a rea- legal form, the Commission ruling sonable period of time; and upon which such statements are based. (2) Take such other enforcement ac- (i) Pleadings shall identify the name, tion as the Commission is authorized address, telephone number, and fac- and as it deems appropriate. simile transmission number for either (c) Any manufacturer or service pro- the filing party’s attorney or, where a vider that is the subject of an order party is not represented by an attor- issued pursuant to paragraph (b)(1) of ney, the filing party. this section shall have a reasonable op- [76 FR 82389, Dec. 30, 2011, as amended at 83 portunity, as established by the Com- FR 44842, Sept. 4, 2018] mission, to comment on the Commis- sion’s proposed remedial action before the Commission issues a final order Subpart E—Internet Browsers Built with respect to that action. Into Telephones Used With Public Mobile Services. § 14.38 Formal complaints. Formal complaint proceedings alleg- SOURCE: 78 FR 30230, May 22, 2013, unless ing a violation of 47 U.S.C. 255, 617, or otherwise noted. 878 VerDate Sep<11>2014 10:43 Jun 03, 2021 Jkt 250214 PO 00000 Frm 00888 Fmt 8010 Sfmt 8010 Y:\SGML\250214.XXX 250214 spaschal on DSKJM0X7X2PROD with CFR Federal Communications Commission Pt. 15 § 14.60 Applicability. (2) To make Internet content, appli- (a) This subpart E shall apply to a cations, or services accessible or usable manufacturer of a telephone used with (other than enabling individuals with public mobile services (as such term is disabilities to use an included browser defined in 47 U.S.C. 710(b)(4)(B)) that to access such content, applications, or includes an Internet browser in such services). telephone that is offered for sale or (b) Industry flexibility. A manufac- otherwise distributed in interstate turer or provider may satisfy the re- commerce, or a provider of mobile quirements of this subpart with respect services that arranges for the inclusion to such telephone or services by— of a browser in telephones to sell or (1) Ensuring that the telephone or otherwise distribute to customers in services that such manufacturer or interstate commerce. provider offers is accessible to and usa- (b) Only the following enumerated ble by individuals with disabilities provisions contained in this part 14 without the use of third-party applica- shall apply to this subpart E. tions, peripheral devices, software, (1) The limitations contained in § 14.2 hardware, or customer premises equip- shall apply to this subpart E. ment; or (2) The definitions contained in § 14.10 (2) Using third-party applications, pe- shall apply to this subpart E. ripheral devices, software, hardware, or (3) The product design, development customer premises equipment that is and evaluation provisions contained in available to the consumer at nominal § 14.20(b) shall apply to this subpart E. cost and that individuals with disabil- (4) The information, documentation, ities can access. and training provisions contained in § 14.20(d) shall apply to this subpart E. PART 15—RADIO FREQUENCY (5) The performance objectives provi- DEVICES sions contained in § 14.21(a), (b)(1)(i), (b)(1)(ii), (b)(1)(iii), (b)(2)(i), (b)(2)(ii), Subpart A—General (b)(2)(iii), (b)(2)(vii), and (c) shall apply to this subpart E. Sec. 15.1 Scope of this part. (6) All of subpart D shall apply to 15.3 Definitions. this subpart E. 15.5 General conditions of operation. 15.7 [Reserved] § 14.61 Obligations with respect to 15.9 Prohibition against eavesdropping. internet browsers built into mobile 15.11 Cross reference. phones. 15.13 Incidental radiators. (a) Accessibility. If on or after October 15.15 General technical requirements. 8, 2013 a manufacturer of a telephone 15.17 Susceptibility to interference. used with public mobile services in- 15.19 Labeling requirements. cludes an Internet browser in such tele- 15.21 Information to user. 15.23 Home-built devices. phone, or if a provider of mobile serv- 15.25 Kits. ice arranges for the inclusion of a 15.27 Special accessories. browser in telephones to sell to cus- 15.29 Inspection by the Commission. tomers, the manufacturer or provider 15.31 Measurement standards. shall ensure that the functions of the 15.32 Test procedures for CPU boards and included browser (including the ability computer power supplies. to launch the browser) are accessible to 15.33 Frequency range of radiated measure- and usable by individuals who are blind ments. 15.35 Measurement detector functions and or have a visual impairment, unless bandwidths. doing so is not achievable, except that 15.37 Transition provisions for compliance this subpart shall not impose any re- with this part. quirement on such manufacturer or 15.38 Incorporation by reference. provider— (1) To make accessible or usable any Subpart B—Unintentional Radiators Internet browser other than a browser 15.101 Equipment authorization of uninten- that such manufacturer or provider in- tional radiators. cludes or arranges to include in the 15.102 CPU boards and power supplies used telephone; or in personal computers. 879 VerDate Sep<11>2014 10:43 Jun 03, 2021 Jkt 250214 PO 00000 Frm 00889 Fmt 8010 Sfmt 8010 Y:\SGML\250214.XXX 250214 spaschal on DSKJM0X7X2PROD with CFR Pt. 15 47 CFR Ch. I (10–1–20 Edition) 15.103 Exempted devices. 15.241 Operation in the band 174–216 MHz. 15.105 Information to the user. 15.242 Operation in the bands 174–216 MHz 15.107 Conducted limits. and 470–668 MHz. 15.109 Radiated emission limits. 15.243 Operation in the band 890–940 MHz. 15.111 Antenna power conduction limits for 15.245 Operation within the bands 902–928 receivers. MHz, 2435–2465 MHz, 5785–5815 MHz, 10500– 15.113 Power line carrier systems. 10550 MHz, and 24075–24175 MHz. 15.115 TV interface devices, including cable 15.247 Operation within the bands 902–928 system terminal devices. MHz, 2400–2483.5 MHz, and 5725–5850 MHz. 15.117 TV broadcast receivers. 15.249 Operation within the bands 902–928 15.118 Cable ready consumer electronics MHz, 2400–2483.5 MHz, 5725–5875 MHz, and equipment. 24.0–24.25 GHz. 15.119 [Reserved] 15.250 Operation of wideband systems with- 15.120 Program blocking technology re- in the band 5925–7250 MHz. quirements for television receivers. 15.251 Operation within the bands 2.9–3.26 15.121 Scanning receivers and frequency GHz, 3.267–3.332 GHz, 3.339–3.3458 GHz, and converters used with scanning receivers. 3.358–3.6 GHz. 15.122 [Reserved] 15.252 Operation of wideband vehicular 15.123 Labeling of digital cable ready prod- radar systems within the band 23.12–29.0 ucts.