Compliance Approval Regulations on Controlled Telecommunications Radio-Frequency Devices

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0060036

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Chapter 1 General

Article 1

The Regulations are stipulated pursuant to the paragraph 2 of Article 50 of the Telecommunications Act.

Article 2

The terms of these Regulations are defined as follows:
1. Controlled telecommunications radio-frequency devices:The controlled telecommunications radio-frequency devices(hereinafter as CTRFD)is referred to herein as those authorized radio frequency devices specified in accordance with Section 4, Article 49 of the Telecommunications Act.
2. Type Approval:Apply to the approval procedure by the manufacturer, importer or distributor in accordance with the brand name, model number of the CTRFD that shall be submitted to the National Communications Commission (hereinafter as NCC) or NCC recognized certification bodies (hereinafter as RCB) .
3. Declaration of Conformity(hereinafter as DoC):It Refers by the manufacturer, importer or distributor declares the CTRFD meets article 4 of these Regulations , and prepares the proper related documents to RCB complete registers procedure.
4. The products of series:Its does not change output powers, operating frequency, channel numbers , key element of circuit board wiring of the CTRFD is approved , only changes the antenna, the device appearance, the attached non- radio frequency function, the power source supply way of devices.

Article 3

Except hereunder section 2 and 3, the rules promulgated hereunder shall govern the
inspection and certification of CTRFD.
As to wireless telecommunications terminal equipment shall be governed by the “Compliance Approval Regulations on Telecommunications Terminal Equipment”
CTRFD for Radio station, TV station, Dedicated Telecommunications station and so on shall follow each station’s administrative regulations. In lieu of this rule, station’s regulations substitute it if encompassed.

Article 4

CTRFD shall comply with the relevant technical specifications, where the technical specifications are not available, testing shall be performed in accordance with the following order:
I. National standards(CNS).
II. Standards specified by the international standard organization.
III. Standards specified by the regional standard organization.

Chapter 2 Administrative Procedure of Compliance Approval

Article 5

To apply for compliance approval, CTRFD may be classified as "sale use" and "private use" on the use basis.
The application for type approval, batch approval or DoC with regard to "sale use" CTRFD shall be submitted by its manufacturer, importer or distributor.
The application for private approval with regard to "private use" CTRFD shall be submitted by the individual, incorporate or non-incorporate organizations.
So called “private use” is defined as the follows:
1. The amount of imported low-power radio frequency devices within ten sets;
2. The amount of imported CTRFD with the same brand and model number within two sets;
3. The amount of self-made CTRFD within five sets.

Article 6

Those who apply for compliance approval with regard to " private use" CTRFD should complete application form and submit following documents to NCC. If necessary, the NCC remains the right to request the presence of test reportper according to Article 9.
1. One set of the equipment samples.
2. One copy of Chinese or English products technical specification or the products catalogues. (should include frequency and emission power and so on original.)
3. One copy of the certification of origin.
4. One copy of qualification document: personal ID or incorporate or non-incorporate organization establish registration.
If approval is granted, approval certificate and label will be issued; Upon completion of the conformity assessment procedure, the equipment samples should be returned to the applicant while the copies of related identification and technical documents shall be retained by RCB for reference.
For internal use, if power output of low power radio-frequency devices self-made is less than 10mW and conformance to LP0002, the compliance approval is ruled out.

Article 7

The application for type approval with regard to "sale use" CTRFD shall be submitted to RCB;If approval is granted, approval certificate will be issued.

Article 8

Those who apply for compliance approval with regard to "sale use" CTRFD should complete application form and submit following documents to NCC. If necessary, RCB may require the applicant to submit an equipment sample.
1. One copy of Chinese or English operation manual or instructions.
2. One copy of Chinese or English technical specification.
3. One copy of the electrical circuit diagram or the block diagram.
4. One copy of the equipment sample test report.
5. One copy of Company certificate or establish registrations;Foreign manufacturers shall submit related certificate of establishment for their legal entity.
6. One copy of the operation certificate of CTRFD :Distributor shall present the certificate of manufacturer or importer;Foreign manufacturers are exempted.
7. Other documents specified by NCC.
8. One copy of Application package by CD from items 1 to 7.
The different brand name or the model number of CTRFD should separately apply for the type approval; To apply type approval of series products, should to written explain clearly between the difference of the equipment has been granted the certificate of approval and the series products , and submit test report and the information specified in each clause of the paragraph 1 to the original RCB.
If can’t submit the information specified completely in paragraph 1, the applicant can apply batch approval according to Article 10.
While completion of the conformity assessment procedure, the disc piece shall be retained by RCB for reference, other documents should be returned to the applicant.

Article 9

Test report mentioned in the Article 8 which shall be issued by test labs which NCC
accredited or accredited by NCC recognized test labs certification body (the “Labs”).
Referring to the test report mentioned in the paragraph 1, if the Labs could not render testing service to such equipment, the applicants can carry out test by lab of
manufacture such equipment or legal test labs in other countries , and submit the test
report in compliance with the Article 4.
Test report shall include the following items:
1. Minimum 4"x6" color photos of the equipment sample, clearly showing the brand name, model number and components of circuit board.(sample front, rear, two sides, radio component top and bottom view)
2. Equipment name, brand name and model number.
3. Name and the address of Applicant.
4. Name and the address of testing Labs.
5. Test report only recognition, with each page of on recognitions
6. Test configuration diagram and description.(If must provide the special test point, the special test software by the applicant only then can complete the test, should explain clearly test instruments, the special test point and the test software name.)
7. Name, brand name and model number of test instruments, with calibration date and its date of expiry.
8. Test items and standards as specified in the relevant technical specifications.
9. Test data(should include scan image)and verdict of test results.
10. Date of acceptance and completion of testing.
The test reported shall be signed by the Labs related personnel signature. Referring to the test report mentioned in the paragraph 2, the test report shall be signed by the laboratories related personnel signature.

Article 10

Those who apply for batch approval with regard to "sale use" CTRFD should complete application form and submit following documents to NCC. If necessary, RCB may require the applicant to submit an equipment sample.
1. One set of the equipment samples.
2. One copy of Chinese or English operation manual or instructions .
3. One copy of Chinese or English technical specification (should include frequency and emission
power and so on original).
4. One copy of the certification of origin .
5. One copy of Company certificate or establish registrations.
6. One copy of the operation certificate of CTRFD:Distributor shall present the certificate of manufacturer or importer.
7. Other documents specified by NCC.
If approval is granted, approval certificate and label will be issued; Upon completion of the conformity assessment procedure, the equipment samples should be returned to the applicant while the copies of related identification and technical documents shall be retained by RCB for reference.

Article 11

After itemize review, if one of application package is incomplete or missed, RCB shall notify applicant to make it up within one month. Should the package is still incomplete or not responded by the applicant at the expiration of time frame, the application will be dismissed.
If application fails, the disqualified items shall be listed and notified by RCB. Applicant shall correct the application package and reapplication after two months. Reapplication can be dismissed again as long as the reapplication is expired or disqualified as well.

Article 12

If approval is granted, applicant shall retain the approved equipment of sample, the special test software and the test special instrument for five years after stops to this equipment producing or stops importing.

Article 13

The application for DoC with regard to CTRFD shall be submitted by its manufacturer, importer or distributor, Who should complete application form and submit following documents to RCB for registration. After registered by RCB, DoC certificate and label will be issued.
1. One copy of Chinese or English operation manual or instructions.
2. One copy of Chinese or English technical specification.
3. One copy of the electrical circuit diagram or the block diagram.
4. One copy of the equipment sample test report.
5. One copy of Company certificate or establish registrations;Foreign manufacturers shall submit related certificate of establishment for their legal entity.
6. One copy of the operation certificate of CTRFD:Distributor shall present the certificate of manufacturer or importer;Foreign manufacturers are exempted.
7. Other documents specified by NCC.
8. Five copies of Application package by CD from items 1 to 7.
The equipment sample test report should be present according to Article 9.
Upon completion of the conformity assessment procedure, the disc piece shall be retained by RCB , other documents submitted should be returned to the applicant.
After registered to RCB, applicant shall retain the approved equipment of sample, the special test software, the test special instrument for five years after stops to this equipment producing or stops importing.
The items relating to DoC and date of implementation shall be announced by the NCC.

Article 14

The RCB should establish the network system to apply the CTRFD type approval and DoC.
The items relating to DoC and date of implementation shall be announced by the NCC.

Chapter 3 Labels use and the markets manage

Article 15

The type approval label and DoC label are the proprietary of original applicant.
When the certificate holder agrees others to use the type approval label or the Doc label of CTRFD with the same brand and model number, the certificate holder is request to submit a list of authorized type approval label or DoC label to NCC for reference within thirty day after completion of authorization of the type approval and Doc label.
The certificate holder, who failed to submit the list of authorized CTRFD type approval label or Doc label to NCC according to the paragraph 2 stipulation, NCC may notice it to explain the reason, and order it to comply with a prescribed time frame.
The above-mentioned authorize others to use the type approval label or Doc label may be applied through the electronic filing system; the relevant matters and date of implement applicable to the electronic filing system shall be announced by NCC.

Article 16

Those who have acquired the certificate of type approval, completed the registration of DoC, or obtained the authorized to use type approval label or DoC label according to the previous article, shall complete the following procedure before the products can be sold or displayed publicly. The same applies to those who have acquired the certificate of batch approval.
1. According to the label format printed on the certificate to produce type approval labels or DoC labels, and affix or emboss the labels on the certified equipment
2. The CTRFD which requires radio station license issued by NCC, it is necessary to clearly mark on the package, user’s manual and instruction of the CTRFD before installation, possession or use.
For those applicants apply for private approval with regard to " private use " CTRFD, they are requested to affix the label on the certified equipment before installation, possession or use.
For those who failed to comply with the requirements stipulated in the paragraph 1 , NCC may notice it to explain the reason, and order it to comply with a prescribed time frame and suspend display or sale.

Article 17

Once the approved or registered CTRFD is modified in respect of brand name, model number, design or radio-frequency function, it should be re-submitted for compliance approval. However, if only device appearance is changed, with the consent of RCB, the reapplication for certification is exempted.

Article 18

Those who have lost or damaged or changed the content of certificates may apply for re-issuance or replacement to the original RCB.
The application for change of contents as mentioned above under one of the following condition:
1. Addition of applicable platform in CTRFD modules or adjustment with unchanging the original radio frequency performance, approved by the original RCB.
2. Manufacturers change or join ;
3. The applicant of type approval or DoC change the company name;
4. The applicant of type approval or DoC reports to the authority due to the merge or spin-off, and the authority approves that the company formed from the merge or spin-off or the new company as the result of such an action may use the original type approval or DoC certificate.
Those apply for reissue or replacement of type approval or Doc certificate according to the previous two paragraphs, the following documents are required:
1. The type approval or DoC certificate is lost or damaged : replacement (reissue) application form.
2. For subparagraph 1 of the previous paragraph: replacement (reissue) application form, approval document of the original RCB.
3. For subparagraph 2 of the previous paragraph: replacement (reissue) application form, photocopy of equipment production contract and statement that the equipment complies with technical specification.
4. For subparagraphs 3 and 4 of the previous paragraph: replacement (reissue) application form, company or business registration document.

Article 19

RCB should perform market surveillance activities on the CTRFD from time to time.
After granting type approval certificates, compliance approval certificates or DoC certificates, the RCB may revoke the type approval certificates, compliance approval certificates or DoC certificates if any data/information attached to the application package is found to be counterfeited or false.
After granting type approval certificates, compliance approval certificates or DoC certificates to the applicant, the RCB may rescind the type approval certificates, compliance approval certificates or DoC certificates under one of the following conditions:
1. Violate the Article 17.
2. Fail to comply with relevant CTRFD technical specifications after market surveillance.
3. Because the agency or patent issue occurred, loses a lawsuit the determination after the court decision or violates other stipulations.

Article 20

For revoked or rescinded type approval certificates, compliance approval certificates or DoC certificates, NCC will announce to the public for the reason of abolishment and termination. Certificate holder will not be allowed to do reapplication of compliance approval until three months.
The certificate holder shall be responsible for taking back all sold CTRFD. Certificate holder shall be the responsible party for the client compensation due to the loss caused.

Chapter 4 Additional Provisions

Article 21

Violation of hereby rule, shall be regulated by the Telecommunications Act or relevant regulations.

Article 22

When the applicants apply for compliance approval, the approval fees should be charged by the RCB according to the fee schedule stipulated by the Ministry of Transportation and Communications.

Article 23

The applicant shall pay the compliance approval fees at the time of submitting the application.
When RCB turn down the application, the approval fees are non-refundable.

Article 24

Signed agreements or arrangements by virtue of bilateral or multilateral mutual recognition with other countries, regional organizations, or international organizations. NCC shall accept the CTRFD test report, approval certificate or DoC issued by other economy entities certification bodies under the said agreements or arrangements.

Article 25

The flow chart and form of table is stipulated by NCC.

Article 26

The Regulations shall become effective as of the date of promulgation.