[Senate Report 113-280]
[From the U.S. Government Publishing Office]
113th Congress } { Report
SENATE
2d Session } { 113-280
_______________________________________________________________________
ENHANCE LABELING, ACCESSING, AND BRANDING OF ELECTRONIC LICENSES ACT
OF 2014
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2583
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 1, 2014.--Ordered to be printed
______
U.S. GOVERNMENT PRINTING OFFICE
49-010 WASHINGTON : 2014
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR , Minnesota DEAN HELLER, Nevada
MARK BEGICH, Alaska DANIEL COATS, Indiana
RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
ED MARKEY, Massachusetts DEB FISCHER, Nebraska
CORY BOOKER, New Jersey RON JOHNSON, Wisconsin
JOHN WALSH, Montana
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
113th Congress } { Report
SENATE
2d Session } { 113-280
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ENHANCE LABELING, ACCESSING, AND BRANDING OF ELECTRONIC LICENSES ACT OF
2014
_______
December 1, 2014.-- Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2583]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2583) to promote the non-
exclusive use of electronic labeling for devices licensed by
the Federal Communications Commission, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 2583, the Enhance Labeling, Accessing,
and Branding of Electronic Licenses Act of 2014 (E-LABEL Act),
as reported, is to promote the non-exclusive use of electronic
labeling for certain radiofrequency devices licensed by the
Federal Communications Commission (FCC).
Background and Needs
Under various sections of the Communications Act of 1934
(47 U.S.C. 151 et seq.), the FCC is responsible for authorizing
the operation and sale of devices that emit radiofrequency
energy (e.g., everything from smartphones to car door remote
controls). This authorization process is one of the ways the
FCC works to ensure that radiofrequency devices used in the
United States operate effectively without creating harmful
interference and otherwise comply with FCC rules.
Electronic devices that emit radiofrequency energy have
the potential to cause interference to radio communications and
therefore must meet appropriate technical standards in order to
comply with the FCC's equipment authorization procedures. The
FCC has several processes (certification, declarations of
conformity, verification by the FCC or a designated
Telecommunications Certification Body) to assess and authorize
these devices. Once a device has gone through the authorization
process, FCC identification (FCC ID) numbers are generally
assigned to that device to verify that an FCC grant of
authorization has been obtained. Current FCC rules require
manufacturers, with limited exceptions, to physically affix or
etch a label with the FCC ID and other identifying information
to the surface of these products.
Equipment makers have argued that providing the option to
display the FCC ID and other information electronically could
make the manufacturing process easier, while preserving access
to this information for device users. Equipment manufacturers
also suggest that electronic labeling is less expensive and
potentially could help them lower the costs of devices to
consumers. The FCC's Office of Engineering and Technology has
acknowledged that certain devices have very small surface areas
for an FCC ID label, or that when etched on the surface, the
labeling may cause damage or require very expensive techniques.
On July 11, 2014, the FCC issued non-codified industry
guidance about the use of electronic labeling for certain
radiofrequency devices. The FCC's current labeling rules
indicate that where it can be shown that a permanent label ``is
not desirable or feasible'' an alternative method of labeling
may be used with the FCC's approval. The FCC's new guidance
describes and clarifies how devices with an integrated display
screen can use electronic labeling as an alternative to a
physical label or etching consistent with the exceptions
already present in the FCC's labeling rules.
Even with this newly-issued guidance, there may still be
uncertainty about the circumstances where it is appropriate for
a manufacturer to use electronic labeling in place of a
permanent label on the surface of a device. The FCC's recent
action also does not make any changes to its underlying
labeling rules. S. 2583 would address this uncertainty and
promote electronic labeling opportunities by directing the FCC
to issue rules or take other appropriate action to allow
manufacturers the option to provide required information on an
electronic device's display screen.
Legislative History
On July 10, 2014, Senator Fischer introduced S. 2583, the
E-LABEL Act. The bill is co-sponsored by Senator Rockefeller.
The Committee held an Executive Session on September 17, 2014,
during which S. 2583 was considered. The Committee, without
objection, ordered S. 2583 reported favorably without
amendment.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it was necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
The bill, as reported, will direct the FCC to issue formal
rules or take other appropriate action to allow for electronic
labeling of radiofrequency devices with display. Because S.
2583 does not create any new programs, the legislation will
have no additional regulatory impact, and will result in no
additional reporting requirements. It will have no effect on
the number of individuals or businesses regulated or on the
personal privacy of such persons. For manufacturers of
radiofrequency devices with display, however, the costs of
compliance with regulations and the amount of paperwork
required for such compliance may be reduced.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
The short title is the ``Enhance Labeling, Accessing, and
Branding of Electronic Licenses Act of 2014'' or the ``E-LABEL
Act''.
Section 2. Findings.
This section would identify key findings of the bill
concerning the history of FCC labeling rules, the challenges
presented by the FCC's current physical label and etching
requirements, and the benefits of providing manufacturers with
the option for electronic labeling of certain types of radio
frequency devices.
Section 3. Authorization for Federal Communications Commission to
allow electronic labeling.
This section would add a new section 720 to the
Communications Act of 1934 that directs the FCC to promulgate
regulations or take other appropriate action, as necessary, to
allow manufacturers of radiofrequency devices with display the
option to use electronic labeling in place of affixing physical
labels to the equipment. The FCC would be required to take
action within nine months of the date of enactment.
This section would define the terms ``electronic
labeling'' and ``radiofrequency device with display.''
``Electronic labeling'' would mean displaying required labeling
and regulatory information electronically. ``Radiofrequency
device with display'' would mean any equipment or device that
is required under regulations of the FCC to be authorized by
the FCC before the equipment or device may be marketed or sold
within the United States; and has the capability to digitally
display required labeling and regulatory information.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
TITLE VII. MISCELLANEOUS PROVISIONS
[47 U.S.C. 601 et seq.]
SEC. 720. OPTIONAL ELECTRONIC LABELING OF COMMUNICATIONS EQUIPMENT.
(a) Definitions.--In this section--
(1) the term ``electronic labeling'' means displaying
required labeling and regulatory information
electronically; and
(2) the term ``radiofrequency device with display''
means any equipment or device that--
(A) is required under regulations of the
Commission to be authorized by the Commission
before the equipment or device may be marketed
or sold within the United States; and
(B) has the capability to digitally display
required labeling and regulatory information.
(b) Requirement To Promulgate Regulations for Electronic
Labeling.--Not later than 9 months after the date of enactment
of the Enhance Labeling, Accessing, and Branding of Electronic
Licenses Act of 2014, the Commission shall promulgate
regulations or take other appropriate action, as necessary, to
allow manufacturers of radiofrequency devices with display the
option to use electronic labeling for the equipment in place of
affixing physical labels to the equipment.
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