FCC CERTIFICATION

What is Private Labeling?

“Private Label” refers to a device that would be marketed under multiple listings. This means a device would have more than one trade name or model number, while remaining basically identical. In the context of FCC approvals, this used to mean that rules required that a change in equipment type ID or model number required a new FCC identifier. The practice was very common among reference designs using specific chipsets to be “pre-approved” under an original equipment grant by the manufacturer, and then marketed and sold by many other 3rd party equipment vendors. Following an abbreviated procedure, the original filing would be referenced, so as to avoid repeating unnecessary testing, and a new grant would be issued under the new applicant’s name, provided all other aspects of the certified device remained the same. While the FCC dropped the term “private label” from its rules years ago, the practice is still common today.

Today, a manufacturer can market the same equipment under different model numbers or trade names without having to apply for a new grant. However, a 3rd party wanting to market the product under their own FCC identifier will need to apply for a new equipment authorization. The process is similar to the “private label” process from years ago, but is now referred to as a “change in FCC ID filing” or a Section 2.933 filing.

All information included on an application for certification becomes public information, unless it is requested (and qualifies) that certain information be held confidential. Prior to the internet, it was difficult to acquire information about an application filing. Today, however, it is a simple matter to download complete technical details, photographs and data, or any other non-confidential documentation from the FCC web site about a particular filing, you just need to know the FCC ID.

Why pursue a private label?

One reason is that some 3rd parties wish to keep the suppler of the previously certified device confidential, whether it is a marketing approach or for some other business reason. They will need to apply to re-certify their already certified device and provide a new test report. By doing this, it makes it much harder to find the original supplier’s information.

Another reason is to expand the operating environments that the device is meant for. This means that the 3rd party will need to file a Class II permissive change when they acquire a change in ID. Otherwise the 3rd party will need to have the original party perform the permissive change.

Any design change which falls outside the scope of a permissive change will require a complete application. If the intent is to acquire a change in ID, any design changes that fall within the scope of a permissive change, should be addressed after the ID change is completed as a permissive change.