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Title: Regulations Governing Compliance Approval for Controlled Telecommunications Radio-Frequency Devices CH
Announced Date: 2020-07-08
Category: National Communications Commission(國家通訊傳播委員會)
Chapter I General Rules
Article 1
These Regulations are promulgated pursuant to Paragraph 5, Article 66 of the Telecommunications Act.
Article 2
The terms adopted in these Regulations are defined as follows:
1. Controlled telecommunication radio-frequency device(hereinafter as “CTRFD”): the radio-frequency(hereinafter as “RF”)device promulgated by the competent authority according to Paragraph 2, Article 65 of the Telecommunications Management Act.
2. Testing body: a test laboratory approved by a domestic accreditation body approved by the competent authority to comply with CNS 17025 or ISO/IEC 17025.
3. Certification body: the competent authority or an institute delegated by the competent authority for the CTRFD approval.
4. Series product: a CTRFD or non-plug-and-play radio-frequency module(component)that is qualified in review without any change to the product in the original application and meets either of the following:
(1)No change to techniques used, such as power output, modulation technique, working frequency, number of channels and layout of circuit board containing major elements, with change(s)only to antenna, appearance, color, material, associated non-RF functions, power supply, accessory, brand or model;
(2)No change to RF hardware with change(s)only to modulation technique by firmware or software, reduction of power output, frequency range, bandwidth or number of channels.
5. Non-plug-and-play radio-frequency module(component): a transmitter or transceiver that is provided with complete RF functionality but unable to operate independently; a transmitter or transceiver that is only installed on a specific platform for use is a restricted RF module(component)and one that can be installed on various platforms is a complete RF module(component).
6. Platform: a device that that is fully functional even without a non-plug-and-play radio-frequency module(component).
7. Final product: a CTRFD assembled from a non-plug-and-play radio-frequency module(component)and a platform; a restricted CTRFD assembled from a restricted RF module(component)and a platform is a restricted final product and a CTRFD assembled from a complete RF module(component)and a platform is a complete final product.
8. Approval certificate: a type approval certificate, declaration of compliance certificate, simplified declaration of compliance certificate or compliance approval certificate issued according to these Regulations.
9. Accessory: a signal cable or device connected to CTRFD or non-plug-and-play radio-frequency module(component)for normal use.
10. Peripheral: a piece of equipment connected to CTRFD or non-plug-and-play radio-frequency module(component)for normal use.
11. Test cable: a cable connected to CTRFD or non-plug-and-play radio-frequency module(component)for the purpose of testing.
12. Test fixture: a device attached to CTRFD or non-plug-and-play radio-frequency module(component)for the purpose of testing.
Article 3
The review of a CTRFD shall be performed according to these Regulations, unless otherwise specified by law.
For radio station approval items specified in the administrative regulations for the management of radio stations promulgated according to Paragraph 9, Article 37, administrative regulations for dedicated telecommunication networks promulgated according to Paragraph 7, Article 50, and administrative regulations for amateur radio operators and stations according to Paragraph 2, Article 51 of the Telecommunications Management Act that include CTRFD approval or station approval that is replaceable for CTRFD approval, the requirements of respective regulations shall apply.
Article 4
CTRFDs shall comply with the technical specifications established by the competent authority; for those for which the competent authority has not yet established the technical specifications, the following shall apply in the following order of priority:
1. Chinese National Standards(CNS);
2. Standards established by an international standardization organization;
3. Standards established by a regional standardization organization.
For the criteria of electromagnetic compatibility or electrical safety in the technical specifications mentioned above, the requirements specified in other laws and regulations shall apply.
Chapter II Review Procedure
Article 5
Regarding the applications for CTRFD compliance approval, the compliance approval shall be classified as either for “sale” or “private use.”
Compliance approval for the purpose of sale includes type approval, declaration of compliance(DoC), simplified DoC and step-by-step compliance approval. The approval procedure is provided as follows:
1. Regarding applications of type approval, the CTRFD examination report acquired by a domestic natural person, juristic person or non-juristic person group, or foreign manufacturer shall be submitted to a Certification Body with required documents. The Certification Body shall issue the approval certificate should the CTRFD qualify in the review according to the technical specifications for CTRFD.
2. Regarding applications of DoC, the CTRFD examination report acquired by a domestic natural person, juristic person, non-juristic person group, or foreign manufacturer shall be submitted to the Certification Body together with his declaration that the said CTRFD complies with the applicable CTRFD technical specifications and the documents specified in Article 8 for registration with a certification body. Upon completion of the registration, the Certification Body shall issue the approval certificate accordingly.
3. Regarding applications of simplified DoC, the declaration made by a domestic natural person, juristic person, non-juristic person group, or foreign manufacturer for the compliance of its CTRFD with the technical specifications for CTRFDs or equivalent technical specifications for CTRFDs shall be submitted to the Certification Body with the documents specified in Article 9 for registration. Upon completion of the registration, the Certification Body shall issue the simplified DoC accordingly.
4. Regarding applications of step-by-step compliance approval, the CTRFD examination report, test report or proof of source shall be submitted to the competent authority with required documents. The competent authority shall issue the approval certificate should the compliance with the technical specifications for CTRFDs be confirmed.
CTRFDs to which DoC and simplified DoC may apply shall be announced by the competent authority.
Regarding CTRFDs to which DoC may apply as announced, the applicant may apply for the procedure for type approval; regarding CTRFDs to which simplified DoC may apply as announced, the applicant may apply for the procedure for either type approval or DoC.
Regarding non-plug-and-play radio-frequency modules(components), the application for approval shall be submitted according to Subparagraph 1, Paragraph 2. Regarding restricted final products, the application for approval shall be submitted according to Subparagraph 1, Paragraph 2.
Regarding the approval of CTRFDs for private use, the application shall be submitted to the competent authority by the natural person, juristic person or non-juristic person group of private use with the documents specified in Article 11; the competent authority shall issue the compliance approval certificate should the compliance with the technical specifications for CTRFDs be confirmed.
The CTRFD for private use as described in the preceding paragraph shall comply with one of the following rules:
1. The number of imported low-power radio frequency devices shall be a maximum of ten(10)sets;
2. The number of imported CTRFDs with the same brand name and model number shall be a maximum of two(2)sets;
3. The number of self-made CTRFDs shall be a maximum of five(5)sets.
Regarding applications of CTRFD compliance approval, applicants who are domestic natural persons shall be eighteen(18)years old or older and the application shall be conducted at the Certification Body.
Article 6
The examination report mentioned in these Regulations shall be issued by a testing body.
Where the testing body as described in the preceding paragraph is unable to provide the test service for CTRFD or non-plug-and-play radio-frequency module(component), the Applicant of compliance approval may submit the examination reports issued by test laboratory accredited by an accreditation body of a foreign country and the said report shall comply with the technical specifications for CTRFDs.
Where the test laboratory accredited by an accreditation body of a foreign country as described in the preceding paragraph is unable to provide the test service for CTRFD or non-plug-and-play radio-frequency module(component), the applicant may submit test reports provided by the manufacturer and the said report shall comply with the technical specifications for CTRFDs.
The examination report as described in Paragraph 1 shall include the following:
1. Name and address of applicant;
2. Name and address of testing body;
3. Unique identification of examination report and the identification on each page of the report;
4. Name, brand and model number of device sample, external power supply, accessory, peripheral equipment, and test cable and test fixture;
5. 4x6” color photographs of device sample, external power supply and accessory with scale; the manufacturer and model number shall be clearly visible; the photographs shall show all six(6)sides of the device sample; the photographs mentioned in this subparagraph may be listed as an attachment to the examination report;
6. 4x6” color photographs of the interior of the device sample and circuit board with scale, showing at least two(2)sides; the main components on the circuit board shall be clearly identifiable; the photographs mentioned in this subparagraph may be listed as an attachment to the examination report;
7. Test connection diagram, test layout photographs and description; the device sample shall be connected to the external power supply, accessory and peripheral equipment; in the case where the test fixture and software are to be provided by the applicant in order to perform the test, the test fixture and the name and version of test software shall be specified. The test fixture shall be provided with 4×6” color photograph(s)with scale;
8. Settings of the device sample in normal use mode and test mode, including maximum transmission power, frequency, and bandwidth and modulation technique; however, for those for which the normal use mode is not available at the review, the normal use mode settings, such as maximum transmission power, frequency, and bandwidth and modulation technique, may be excluded.
9. Name, brand, model number, calibration date and expiration date of testing instrumentation;
10. Test items and standards as specified in relevant technical specifications;
11. General list of test results mentioned in Subparagraph 8 and the preceding subparagraph, verdict of test results and test data(including scanned images);
12. Dates of acceptance and completion of test;
13. General antenna list for the device sample(including the type, brand, model number and maximum gain of the antenna and combination of power output with CTRFD or non-plug-and-play radio-frequency module(component)). The antenna shall be provided with 4×6” color photograph(s)with scale.
The external power supply, accessory or peripheral that is not used in normal use mode, or the test cable, fixture or software that is not used in test mode may be excluded from the examination report.
The test reports issued by a test laboratory accredited by an accreditation body of a foreign country in Paragraph 2 and manufacturer in Paragraph 3 shall include the following:
1. Name and address of Applicant;
2. Name and accreditation number of accreditation body, except for test report issued by the manufacturer;
3. Name and address of test laboratory or manufacturer;
4. Unique identification of examination report and the identification on each page of the report
5. Device name, brand and model number;
6. Color photographs of device sample; the manufacturer and model number shall be clearly visible; the photographs mentioned in this subparagraph may be listed as an attachment to the examination report;
7. Name, brand, model number, calibration date and expiration date of testing instrumentation;
8. Test items and standards as specified in relevant technical specifications;
9. Test data and verdict of test results;
10. Dates of acceptance and completion of test;
The examination report shall be signed by relevant personnel of the testing body, whereas the test report shall be signed by the test laboratory or personnel of the manufacturer.
For reapplications for review due to the change of non-RF hardware or non-RF function in a CTRFD or non-plug-and-play radio-frequency module(component)for which the approval certificate is issued, the test data and verdict of results of the original examination or test report may be cited.
The citation mentioned in the preceding paragraph shall be valid only when the original testing body, test laboratory or manufacturer confirms the test data and verdict of results of the original examination or test report. Where the original testing body, test laboratory or manufacturer is unable to provide the test service, a testing body or test laboratory approved by the competent authority shall perform the test(s)and determine whether the test data and verdict of results of the original examination or test report are still valid.
The examination or test report for reapplication for review in the previous two paragraphs shall include the unique identification of the original examination or test report as well as the contents specified in Paragraph 4 or 6.
Article 7
For the application of type approval for a CTRFD or non-plug-and-play radio-frequency module(component), a hardcopy or electronic file of the following documents shall be submitted to the certification body that shall issue a CTRFD type approval certificate printed with an approval label upon the qualification of approval; the certification body may request the applicant to submit the device, module(component), external power supply, accessory or external antenna if deemed necessary:
1. Application form for type approval certificate for controlled telecommunication radio-frequency device;
2. User’s manual or instructions in traditional Chinese or English;
3. Specifications in traditional Chinese or English;
4. Circuit diagram or circuit block diagram;
5. Test report for device sample;
6. 4”x6” color photographs of device sample, external power supply and accessories with scale; the manufacturer and model number shall be clearly visible; the photographs shall show all six(6)sides of the device;
7. 4 x6” color photographs of interior of the device sample and circuit board with scale, showing at least two(2)sides; the main components on the circuit board shall be clearly identifiable;
8. Document of personal identification shall be provided for applicants of domestic natural person and document of proof of establishment for domestic juristic persons, non-juristic person groups or foreign manufacturers;
9. Other material(s)required by the competent authority for the purpose of review;
10. Electronic file(s), including materials mentioned in Subparagraphs 1 through 9.
Regarding the documents required for application for approval in the preceding paragraph, the electronic file(s)shall be retained by the certification body and the remaining shall be returned upon issuing the type approval certificate.
Where the external power supply or accessory is not used on CTRFD or non-plug-and-play radio-frequency module(component)in normal use mode, the 4”x6” color photographs of external power supply or accessory with scale mentioned in Subparagraph 6, Paragraph 1 shall not be required.
The type approval certificate shall include the general antenna list(including the type, brand, model number and maximum gain of the antenna and combination of power output with CTRFD or non-plug-and-play radio-frequency module(component))for the CTRFD or non-plug-and-play radio-frequency module(component), as well as the name, brand and model number of external power supply and accessory submitted together for approval, except for the external power supply or accessory that is not used on the CTRFD or non-plug-and-play radio-frequency module(component)in normal use mode.
Article 8
For the application for CTRFD DoC, the hardcopy or electronic file of the following documents shall be submitted to the certification body for registration. Upon registration, the certification body shall issue the CTRFD DoC printed with a DoC label; the certification body may request the applicant to submit the device, external power supply, accessory or external antenna if necessary:
1. Application form for declaration of compliance for controlled telecommunication radio-frequency device;
2. User’s manual or instructions in traditional Chinese or English;
3. Specifications, catalogue or other document of proof in traditional Chinese or English;
4. Circuit diagram or circuit block diagram;
5. Test report for device sample;
6. 4x6” color photographs of device sample, external power supply and accessories with scale; the manufacturer and model number shall be clearly visible; the photographs shall show all six(6)sides of the device;
7. 4x6” color photographs of the interior of the equipment sample and circuit board with scale, showing at least two(2)sides; the main components on the circuit board shall be clearly identifiable;
8. Document of personal identification shall be provided for applicants of domestic natural person and document of proof of establishment for domestic juristic persons, non-juristic person groups or foreign manufacturers;
9. Other material(s)required by the competent authority for the purpose of review;
10. Electronic file(s), including the materials mentioned in Subparagraphs 1 through 9.
Regarding the documents required for application for approval in the preceding paragraph, the electronic file(s)shall be retained by the certification body and the remaining shall be returned upon issuing of the DoC certificate.
Where the external power supply or accessory is not used on CTRFD in normal use mode, the 4x6” color photographs of external power supply or accessory with scale mentioned in Subparagraph 6, Paragraph 1 shall not be required.
The DoC certificate shall include the general antenna list(including the type, brand, model number and maximum gain of the antenna and CTRFD power output combinations)for the CTRFD or non-plug-and-play radio-frequency module(component), as well as the name, brand and model number of external power supply and accessory submitted together for approval, except for the external power supply or accessories that are not used on the CTRFD in normal use mode.
Article 9
For the application for simplified CTRFD DoC, the hardcopy or electronic file of the following documents shall be submitted to the certification body for registration. Upon registration, the certification body shall issue the simplified CTRFD DoC printed with a DoC label; the certification body may request the applicant to submit the examination or test report for the said device if deemed necessary:
1. Application form for simplified declaration of compliance for controlled telecommunication radio-frequency device;
2. User’s manual or instructions in traditional Chinese or English;
3. Specifications, catalogue or other document of proof in traditional Chinese or English;
4. 4”x6” color photographs of device sample, external power supply and accessories with scale; the manufacturer and model number shall be clearly visible; the photographs shall show all six(6)sides of the device;
5. 4”x6” color photographs of inside of device sample and circuit board with scale, at least showing two(2)sides; the main components on the circuit board shall clearly identifiable;
6. Document of personal identification shall be provided for applicants of domestic natural person and document of proof of establishment for domestic juristic persons, non-juristic person groups or foreign manufacturers;
7. Other material(s)required by the competent authority for the purpose of review;
8. Electronic file(s), including the materials mentioned in Subparagraphs 1 through 7.
Regarding the documents required for application for approval in the preceding paragraph, the electronic file(s)shall be retained by the competent authority; the equipment and the remaining documents shall be returned upon issuing of the simplified DoC certificate.
The examination or test report mentioned in Paragraph 1 shall be issued by a testing body or test laboratory accredited by an accreditation body of a foreign country for compliance with the foreign country’s equivalent of the applicable technical specifications of the Republic of China. The test report from the foreign country shall be provided with the compliance approval certificate document issued by a certification body of that country.
Where the external power supply or accessory is not used on CTRFD in normal use mode, the 4x6” color photographs of external power supply or accessory with scale mentioned in Subparagraph 4, Paragraph 1 shall not be required.
The DoC certificate shall include the name, brand and model number of external power supply and accessory submitted together for approval, except for the external power supply or accessory that is not used on the CTRFD in normal use mode.
Article 10
For the application for step-by-step CTRFD compliance approval, the hardcopy or electronic file of the following device and documents shall be submitted to the competent authority for approval. Upon approval, the competent authority shall issue the CTRFD compliance approval certificate printed with an approval label; the competent authority may request the applicant to submit the examination or test report for the said device if deemed necessary:
1. The controlled telecommunications radio-frequency device to be approved;
2. Application form for step-by-step compliance approval for controlled telecommunications radio-frequency device
3. User’s manual or instructions in traditional Chinese or English;
4. Specifications in traditional Chinese or English; technical specifications, such as frequency and power output, shall be included;
5. Document(s)proving the source of the device;
6. Document of personal identification shall be provided for applicants of domestic natural person and document of proof of establishment for domestic juristic persons, non-juristic person groups or foreign manufacturers;
7. Other material(s)required by the competent authority for the purpose of review;
8. Electronic file(s), including materials mentioned in Subparagraphs 2 through 7.
Regarding the documents required for application for approval in the preceding paragraph, the electronic file(s)shall be retained by the competent authority; the equipment and the remaining documents shall be returned upon issuing the CTRFD compliance approval certificate.
Article 11
For the application for CTRFD compliance approval for private use, the hardcopy or electronic file of the following device and documents shall be submitted to the competent authority for approval. Upon approval, the competent authority shall issue the CTRFD compliance approval certificate printed with an approval label; the competent authority may request the applicant to submit the examination or test report for the said device if deemed necessary:
1. The controlled telecommunications radio-frequency device to be approved;
2. Application for type approval for private telecommunications radio-frequency device
3. Specifications in traditional Chinese or English; technical specifications, such as frequency and power output, shall be included;
4. Document(s)proving the source of the device;
5. Document of personal identification shall be provided for applicants of domestic natural person and document of proof of establishment for juristic persons or non-juristic person groups;
6. Electronic file(s), including materials mentioned in Subparagraphs 2 through 5.
Regarding the documents required for application for approval in the preceding paragraph, the electronic file(s)shall be retained by the competent authority; the equipment and the remaining documents shall be returned upon the issuing of the CTRFD compliance approval certificate.
Article 12
Regarding the applications for approval of CTRFD or non-plug-and-play radio-frequency modules(components), in case the of an incomplete or missing document or required item, the certification body shall inform the applicant to undertake corrective action within one month; failure to do so within the prescribed period shall result in the rejection of the application.
For applications that have failed approval as mentioned in the preceding paragraph, the certification body shall draw a list of failed items and inform the applicant to undertake corrective action within two months and apply for a secondary review to the original certification body; failure to apply for secondary review within the prescribed period or failure of the secondary review shall result in rejection of the application.
Article 13
Separate applications for approval shall be required for CTRFDs or non-plug-and-play radio-frequency modules(components)of different brands, model numbers, hardware, RF functionalities, appearances, colors, materials, and methods of power supply, accessory or antennas.
Separate applications for approval shall be required for restricted final products assembled with the same restricted RF module(component)but on different platforms.
Regarding CTRFDs or non-plug-and-play radio-frequency modules(components)issued with an approval certificate, an application for new approval shall be required for change of original applicant, brand, model number, hardware, RF functionality, appearance, color, material, way of power supply, accessory or antenna, unless otherwise specified in these Regulations.
In either of the following circumstances, the application for type approval for a series product may be submitted for a CTRFD for which a type approval certificate is issued for its change other than the change of original applicant:
1. The change of antenna, appearance, color, material, auxiliary non-RF functionality, method of power supply, accessory, brand or model number only;
2. The change of modulation technique by firmware or software, or reduction of transmission power, frequency range, bandwidth or number of channels only.
In any of the following circumstances, the application for type approval for a series product may be submitted for a non-plug-and-play radio-frequency module(component)for which a type approval certificate can be issued for its change rather than the change of original applicant:
1. Addition of applicable platform(s)for a restricted RF module(component);
2. The change of antenna, appearance, color, material, auxiliary non-RF functionality, method of power supply, accessory, brand or model number only;
3. The change of modulation technique by firmware or software, or reduction of transmission power, frequency range, bandwidth or number of channels only.
For applications for a series product type approval as mentioned in Paragraph 4 or the preceding paragraph, the differences between the said product and the product of the originally approved model number shall be described in writing and submitted to the original certification body for application.
Regarding the change of appearance, color, material, external power supply or accessory only of a CTRFD or non-plug-and-play radio-frequency module(component)issued with an approval certificate without affecting RF functionality, the application of new approval may be exempt with the confirmation of the original certification body.
For the change of external power supply or accessory as mentioned in the preceding paragraph, an application for renewal of approval certificate shall be submitted to the original certification body.
In any of the following circumstances, the original approval label may be used for a CTRFD or non-plug-and-play radio-frequency module(component)issued with an approval certificate without the change or original applicant, RF hardware, brand and model number:
1. Change of modulation technique, transmission power, frequency range, bandwidth or number of channels by firmware or software;
2. Change of auxiliary non-RF functionality;
3. Change of method of power supply or accessory;
4. Change of antenna;
5. Change of appearance, color or material that has been reviewed by the original certification body;
6. Restricted final product assembled with a restricted RF module(component)issued with an approval certificate.
Regarding a CTRFD or non-plug-and-play radio-frequency module(component)issued with an approval certificate, an application for new approval shall be submitted when the relevant technical specifications are amended and such an application is required; the original approval label or DoC label may be used.
Article 14
Those that have been issued a type approval certificate, DoC certificate or simplified DoC certificate shall keep the approved CTRFD or non-plug-and-play radio-frequency module(component), external power supply, accessories, external antenna, test fixture that complies with the examination or test report and the test software of the same version as in the examination or test report properly for five(5)years after the device is no longer produced or imported. For the external power supply, accessory and external antenna of the CTRFD or non-plug-and-play radio-frequency module(component)that is not used in the normal use mode or the test fixture or program that is not used in testing, it is not necessary to keep such an external power supply, accessories, external antenna, test fixture or software.
Article 15
A certification body may develop an online application system to receive applications for approval of CTRFD or non-plug-and-play radio-frequency module(component).
The online applications and the schedule of the implementation mentioned in the preceding paragraph shall be announced by the competent authority.
Chapter III Use of Label and Market Management
Article 16
The compliance label and DoC label shall be owned by those that have been issued the approval certificate.
Those that have been issued the type approval certificate or DoC certificate may license others to use the compliance approval label or DoC label on the CTRFD or non-plug-and-play radio-frequency module(component)of the same brand and model number.
The compliance approval label or DoC label licensed to others as mentioned in the preceding paragraph shall be registered by the one to whom the certificate has been issued with the website specified by the competent authority, or such registration may be delegated to the original certification body.
For the registration delegated to the original certification body as mentioned in the preceding paragraph, such registration shall be assumed by the competent authority or a certification body appointed by the competent authority, in case that the original certification body ceases to provide such registration services, either temporarily or permanently.
In the case where those that have been licensed for the use of compliance approval label or DoC label by those that have been issued an approval certificate for a CTRFD and applied for the exemption of re-exporting according to the applicable administrative regulations for CTRFD manufacturing, importing and reporting, or reports to the competent authority for supervision on destruction, the document issued by said person with the approval certificate for the licensing of the use of compliance approval label or DoC label may be provided instead.
Article 17
Regarding a complete final product assembled using a complete RF module(component)and issued with a compliance approval, those that have been issued an approval certificate for the complete RF module(component)shall submit the brand, model number and electronic files of appearance photographs to the original certification body for registration prior to complete product being sold.
In the case where those that have been issued an approval certificate for a complete RF module(component)permits others for the use of the compliance approval label, those that have been issued the approval certificate for the complete RF module(component)shall provide an electronic file that contains the brand, model number and appearance photographs of the complete final product to the original certification body for registration after the complete final product has been assembled with the complete RF module(component).
For the application for registration to the original certification body as mentioned in the preceding two paragraphs, 4×6” color photographs of the complete final product assembled with the complete RF module(component)showing at least two sides of the product and its interior and circuit board with scale shall be provided. The major elements on the circuit board shall be clearly identifiable.
For the registration mentioned in Paragraphs 1 and 2 above, such registration shall be assumed by the competent authority or a certification body appointed by the competent authority, in case the original certification body ceases to provide such registration services momentarily or permanently.
For products that are not processed according to Paragraphs 1 through 3, the competent authority may request corrective action to be undertaken within a prescribed period of time and temporary termination of sales. Sales shall not resume until the correction has been confirmed.
Article 18
A CTRFD that has been issued compliance approval certificate and for which the use of compliance approval label or DoC label is licensed shall not be sold until the following process has been followed:
1. The compliance approval label or DoC label and model number are indicated on the body where it is clearly visible, and the logo of the competent authority on the packaging. For final products, the compliance approval label of non-plug-and-play radio-frequency module(component)and the model number of final product shall be indicated on the body where it is highly visible, and the mark of the competent authority on the package box.
2. Warning(s)in traditional Chinese shall be indicated at the location specified by the competent authority in the applicable technical specifications.
For difficulty of indicating labels, model number or warnings in traditional Chinese mentioned in the preceding paragraph, the indication shall be done as approved by the competent authority, provided that the approval of the competent authority has been obtained.
For CTRFDs that are equipped with a built-in screen or are required to connect to a screen for operations, the label, model number or warnings in traditional Chinese may be replaced with display on screen and the operating instructions shall be provided on package box, or in user’s manual or instructions.
For those that are not processed according to the three preceding paragraphs, the competent authority or the original certification body may request for an explanation and corrective action to be undertaken within a prescribed period of time and temporary termination of sales. Sales shall not resume until the correction has been confirmed.
For CTRFDs that are for private use and have been approved, the applicant shall attach the compliance approval label on the device body where it is clearly visible; failure to do so shall result in the competent authority informing the applicant to undertake corrective action within a prescribed period of time. The device shall not be used until the correction has been confirmed.
Article 19
For the sales of CTRFDs over the internet, the model number and information of compliance approval label or DoC label shall be provided on the webpage. Only for final product, however, the model number and the information of compliance approval label of the non-plug-and-play radio-frequency module(component)assembled may be provided.
For failure of indication as mentioned in the preceding paragraph, the competent authority may request for correction action to be undertaken within a prescribed period and momentarily termination of sales. The sale shall not assume until the correction has been confirmed.
Article 20
Regarding a lost or damaged certificate or change of information in the certificate, an application for renewal / replacement may be submitted to the original certification body for application of renewal / replacement.
For the change of information in an approval certificate, an application for replacement may be submitted to the original certification body in one of the following circumstances:
1. Change of manufacturer;
2. Change of applicant’s name or address;
3. Continued use of original compliance approval certificate by the surviving or new company after the applicant applies to the competent authority due to a merger, acquisition, spin-off of the original company, which shall be approved by the competent authority.
For the application for replacement according to the preceding paragraph, the following documents shall be provided:
1. For Subparagraph 1 of the preceding paragraph: application for renewal / replacement, document proving the delegated production of device and the statement that the device complies with the applicable technical specifications;
2. For Subparagraph 2 of the preceding paragraph: application for renewal / replacement, document of personal identification for natural person and document proving the establishment for juristic person, non-juristic person group or foreign manufacturer.
3. For Subparagraph 3 of the preceding paragraph: application for renewal / replacement, company or business registration document and the letter of approval issued by the competent authority.
Article 21
A certification body may perform an inspection on a CTRFD or non-plug-and-play radio-frequency module(component)for which the compliance approval certificate has been issued.
The competent authority may instruct a certification body to perform an inspection of a specific CTRFD or non-plug-and-play radio-frequency module(component).
Regarding the sampling inspection mentioned in the two preceding paragraphs, the competent authority may specify the item(s)of inspection.
When a certification body is performing an inspection on a CTRFD or non-plug-and-play radio-frequency module(component), the sample shall be purchased from the market and proof of purchase may be provided to those that have been issued the approval certificate for reimbursement of the purchase cost. Those that have been issued the certificate shall not refuse such as reimbursement request. In the case where it is impossible to acquire a sample from market, those that have been issued the certificate may be requested to provide the required sample(s)at his own cost.
In the case where the inspection performed by a certification body specified in Paragraph 1 or 2 above requires the associated external power supply, accessory, external antenna, examination report, test report, test fixture that complies with the examination or test report, the test software of the same version as in the examination or test report or any relevant approval material, those that have been issued the certificate shall provide his assistance or the item(s)required at his own cost.
The CTRFD, non-plug-and-play radio-frequency module(component), external power supply, accessory, external antenna, test fixture and/or test software mentioned in the two preceding paragraphs may be returned to those who have been issued the certificate after the certification body has finished the test.
A report that a CTRFD or non-plug-and-play radio-frequency module(component)that has been issued an approval certificate does not meet these Regulations shall be submitted with an examination report. Failure to provide such an examination report shall result in the rejection of the report.
The CTRFD or non-plug-and-play radio-frequency module(component)that has been issued an approval certificate and the external power supply, accessory or external antenna sold together shall be the same as those specified in the approval certificate.
Regarding a CTRFD or non-plug-and-play radio-frequency module(component)that has been issued an approval certificate and the external power supply, accessory or external antenna sold together, those that have been issued the certificate shall be responsible for the compliance with the applicable technical specifications for CTRFD.
In the case where the discovery that CTRFD, non-plug-and-play radio-frequency module(component), external power supply, accessory, external antenna, data or electronic file submitted by those that have been issued an approval certificate is missing or incorrect, the original certification body shall inform those that have been issued the approval certificate for corrective action to be undertaken within a prescribed period.
The contents of the inspection report shall be consistent with the items in the inspection report specified in the Regulations Governing Testing Bodies and Regulatory Certification Bodies for Controlled Telecommunications Radio-Frequency Devices.
Article 22
In case that the CTRFD, non-plug-and-play radio-frequency module(component)external power supply, accessory, external antenna, data or electronic file submitted by those that have been issued the approval certificate for the application for approval was falsified or deliberately misleading, the approval certificate of the competent authority or original certification body shall be revoked.
In the case where any of the following circumstances occurs to those that have been issued an approval certificate, the competent authority or original certification body may revoke the approval certificate:
1. An inspection reveals incompliance with the applicable technical specifications for CTRFD;
2. Separate applications for approval were not proposed for restricted final products assembled with the same restricted RF module(component)and different platforms as required;
3. A new application for approval was not proposed for the change of brand, model number, hardware, appearance, material, way of power supply, accessory or antenna of a CTRFD or non-plug-and-play radio-frequency module(component)as required;
4. A new application for approval was not proposed as required after amendment of applicable technical specifications;
5. The CTRFD or non-plug-and-play radio-frequency module(component), external power supply, accessory, external antenna, test fixture that complies with the examination or test report and the test software of the same version as in the examination or test report was not kept as required;
6. Failure to reimburse the certification body for the purchase of CTRFD or non-plug-and-play radio-frequency module(component), or refusal to assist in or provide such device, external power supply, accessory, external antenna, test fixture that complies with the examination or test report and the test software of the same version as in the examination or test report for the purpose of sampling inspection;
7. Failure to correct the missing or incorrect CTRFD, non-plug-and-play radio-frequency module(component), external power supply, accessory, external antenna, data or electronic file provided for the application for approval;
8. Prohibition to sell a CTRFD or non-plug-and-play radio-frequency module(component)that has been approved due to a dispute over authority of agency, patent or copyright which has been decided by the court of law against seller;
9. Failure to recall, retrieve or destroy a piece of mobile telecommunications terminal equipment that has been determined to present significant harm to general consumers and has been required for recall, retrieval or destruction by a given deadline.
In the case where any of the following circumstances occurs to those that have been issued an approval certificate, the competent authority or original certification body may request for corrective action to be undertaken within a prescribed period of time; failure to do so shall result in the approval certificate by the competent authority or original certification body being revoked:
1. A new application for approval was not proposed for change of modulation technique, or reduction of transmission power, frequency range, bandwidth or number of channels only with firmware or software and a sampling inspection has proven the compliance with the application technical specifications for CTRFD;
2. A new application for approval was not proposed for change of appearance, color, material, external power supply or accessory and a sampling inspection has proven the compliance with the application technical specifications for CTRFD;
3. An application for replacement of approval certificate was not proposed to the original certification body for only the change of external power supply without compromising any RF functions that has been confirmed by the original certification body;
4. The complete final product was not registered;
5. The mark of the competent authority, compliance approval label, DoC label or model number was not indicated as required;
6. The warnings in traditional Chinese were not indicated on the specified location as required;
7. The advertised contents of approval go beyond the scope of statement on the approval certificate;
8. Violation of any item specified in the affidavit;
9. The body of CTRFD or non-plug-and-play radio-frequency module(component), manual, package box, built-in firmware or display on software screen compromises national dignity.
Those that have been issued an approval certificate may apply for the cancellation of the approval certificate to the competent authority or original certification body. The application for cancellation, however, shall be rejected while the certification body is performing an inspection on the CTRFD or non-plug-and-play radio-frequency module(component)or a sampling inspection proves incompliance with applicable requirements.
Article 23
Regarding an approval certificate which has been withdrawn or revoked, those that have been issued the certificate shall not apply for a new approval for the same CTRFD or non-plug-and-play radio-frequency module(component)to a certification body within three months starting from the day of withdrawal or revocation; the competent authority may announce those that have been issued the approval certificate and the reason(s)of withdrawal or revocation.
On the withdrawal or revocation of approval certificate, those that have been issued the certificate and those that have been licensed for the use of compliance approval label of DoC label shall recover the CTRFDs or non-plug-and-play radio-frequency modules(components)that have been sold by the deadline specified by the competent authority, shall be responsible for compensation for damage to the interests of others, if any.
For failure of recovery as specified in the preceding paragraph or inappropriate recovery, those that have been issued the approval certificate shall be forbidden from submitting an application for the approval of the same CTRFD or non-plug-and-play radio-frequency module(component)to a certification body for six(6)months starting from the day of receiving a notice from the competent authority.
For the withdrawal or revocation of a compliance approval certificate, the examination or test report submitted for the application shall cease to be effective on the day of withdrawal or revocation.
Article 24
Regarding an occurrence of combustion, explosion, melting or other major hazard to general consumers in a piece of mobile telecommunications terminal equipment, those that have been issued an compliance approval certificate shall provide the competent authority the following information:
1. Name, brand, model number, serial number and place of origin of the mobile telecommunications terminal equipment in question, the date that the major hazard occurred, description and possible cause of the event;
2. Corrective measures to be taken, warning to alert the general consumers and its description;
3. Action of recall if necessary or the reason that recall is not necessary.
In the case where the competent authority performs an investigation of the hazard to general consumers as mentioned in the preceding paragraph and believes that a test is necessary, a consumer protection group, occupational group, testing body, test laboratory or any other governmental or private institute or group that is related to the test items to be performed may be delegated to conduct the test; those that have issued the approval certificate may be asked to present statements prior to the conclusion of the investigation report.
In the case where the investigation indicates that the said mobile telecommunications terminal equipment poses a major hazard to the safety of general consumers, the competent authority may instruct those that have been issued the approval certificate, those that have been licensed for the use of compliance approval label and those that sell the specific product to recall, recover or destroy the product.
Chapter IV Supplementary Provisions
Article 25
The competent authority may disclose the brand, model number, approval certificate, appearance photographs, examination or test report without the photographs of the interiors and circuit board, and other review information of the CTRFD or non-plug-and-play radio-frequency module(component)for which the approval certificate has been issued. For a complete final product that is assembled with a complete RF module(component)for which an approval certificate has been issued, the competent authority may disclose the brand and model number of the complete final product and its photographs.
In the case where those that have been issued an approval certificate has the need of confidentiality for the appearance photographs or other information mentioned in the preceding paragraph, an application for confidentiality may be submitted with the original certification body. However, the application shall be rejected if it is confirmed by the competent authority or original certification body that the said CTRFD or non-plug-and-play radio-frequency module(component)has been on display or sold publicly domestically or in other nations.
For those who applied for confidentiality, In the case where it is confirmed by the competent authority or original certification body that the said CTRFD or non-plug-and-play radio-frequency module(component)has been on display or sold publicly domestically or in other nations, or that the confidentiality period has expired without request for extension, the original certification body may disclose relevant information at a website specified by the competent authority.
The confidentiality period mentioned Paragraph 2 is valid for a year at maximum starting from the day that the confidentiality is approved by the certification body. An application for extension of confidentiality period, if necessary, may be submitted within seven(7)days starting from fourteen days prior to the expiration; the extension shall be a year at maximum and no more than two(2)extensions shall be granted.
Article 26
For the application for approval, renewal or replacement of approval certificate, registration or confidentiality, a fee shall be paid to the competent authority upon application according to the charging standards set forth by the competent authority.
Failure to pay the fee mentioned in the preceding paragraph by the payment deadline specified on the payment notice shall result in the rejection of the application for approval, renewal or replacement of approval certificate, registration or confidentiality.
Article 27
In the case where the application is rejected by the certification body according to these Regulations, the fee paid by the applicant as mentioned in the preceding article shall not be returned.
Article 28
The competent authority may recognize the testing or certification bodies of a country, organization or economic entity according to the bilateral or multilateral mutual recognition agreement for telecommunications equipment reached between Republic of China and the said country, regional or international organization, and recognize the validity of the test report or approval certificate issued for a CTRFD or non-plug-and-play radio-frequency module(component).
Article 29
The processes and forms used for the application mentioned in these Regulations are to be specified by the competent authority.
Article 30
These Regulations shall be effective on the first day of July, 2020.
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