I also suspect that they only have to make it
difficult for an end user and not a technologist.

The issues here can be complex and there there is often
a lot of mis-information.  The above statement is basically
true, but the issue of how compliance is determined is
not always simple.

I am a co-founder of a small company that manufactures remote
monitoring systems operating in the 433MHz and 915MHz bands,
and we have products that are being certified under FCC parts
15.231 and 15.247.  The FCC does require that equipment be
reasonably tamper-proof, but they understand that you can't
make a product absolutely bullet-proof against all efforts
to modify it and be able to build it in a cost effective
manner.  An example of this (from the hardware side) is
this:  Under part 15.231, the FCC places limits on radiated
field strength at a given distance from the transmitter, as
opposed to transmitter output power.  Well, the radiated field
strength will be dependent on antenna gain (among other things).
The FCC therefore requires that the transmit antenna either be
built into the product in a difficult-to-modify way (for example
as a trace on the circuit board), or, if it attaches via a
connector, the connector must be "non-standard" such that
an average user cannot simply go to Radio Shack and bolt on
a higher performance antenna.  As an example of what the FCC
considers sufficiently non-standard, a reverse-threaded
antenna connector will do.

So, does this keep a technologist from defeating the limits?
Of course not, reverse threaded connectors are easily
available from wholesale electronics distribution sources.
HOWEVER, the FCC would certainly frown on a technologist who
made a business going around and modifying part 15 certified
equipment to violate the limits.

It is neither the companies nor their "lawyers" who determine
whether a product sufficiently meets the requirments to become
certified.  It is normally determined by an FCC-certified TCB
(Telecommunications Certification Body).    The FCC also maintains
a mechanism whereby certification-related questions can be asked
directly of them and whereby answers to previous questions can be
looked up. The TCB's themselves meet regularly with each other
and with FCC representatives to ensure that standards are being
applied uniformly.

The point if all this is that although you will not
find anywhere in the FCC regulations where it says that the
regulatory daemon controlling the radio *must* be binary-only,
it is not possible to say (except for someone at Intel) whether
it was Intel, or the certifying TCB who decided that making it
binary-only would be necessary to meet the FCC requirements
of being reasonably tamper-proof.

Dave


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