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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:25
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Chapter Law Content

Chapter II Review Procedure
Article 5
Regarding the applications for TTE 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 and declaration of compliance(DoC). The approval procedure is provided as follows:
1. Regarding applications of type approval, the TTE 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 TTE qualify in the review according to the technical specifications for TTE.
2. Regarding applications of DoC, the TTE 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 TTE complies with the applicable TTE 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.
TTE to which DoC may apply shall be announced by the competent authority.
Regarding TTE to which DoC may apply as announced, the applicant may apply for the procedure for type approval.
Regarding non-plug-and-play restricted communications modules, the application for approval shall be submitted according to Subparagraph 1, Paragraph 2, and the approval of electromagnetic compatibility and electrical safety may be exempt. Regarding final products, the application for approval shall be submitted in accordance with Subparagraph 1, Paragraph 2.
Regarding the approval of TTE 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 9; the competent authority shall issue the compliance approval certificate should the compliance with the technical specifications for TTE be confirmed.
The TTE for private use as described in the preceding paragraph shall comply with one of the following rules:
1. The number of imported TTE sets shall be a maximum of ten(10)sets;
2. The number of imported TTE with the same brand name and model number shall be a maximum of two(2)sets;
3. The number of self-made TTE shall be a maximum of five(5)sets.
Regarding applications of TTE compliance approval, applicants 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 TTE or non-plug-and-play restricted communications module, the applicant of compliance approval may submit the examination reports issued by a test laboratory accredited by an accreditation body of a foreign country and the said report shall comply with the technical specifications for TTE.
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 TTE or non-plug-and-play restricted communications module, the applicant may submit test reports provided by the manufacturer and the said report shall comply with the technical specifications for TTE.
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 identification on each page of the report;
4. Name, brand and model number of equipment sample, external power supply, accessory, peripheral equipment, and test cable and test fixture;
5. 4x6” color photographs of equipment 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 equipment 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 equipment 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 equipment sample shall be connected to the external power supply, accessory and peripheral equipment; in the case where the test fixture and software are 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 equipment in normal use mode and test mode, including maximum transmission power, frequency, 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 equipment sample(including the type, brand, model number and maximum gain of the antenna and combination of power output with TTE or non-plug-and-play restricted communications module). The antenna shall be provided with 4×6” color photograph(s)with scale.
The antenna, 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 identification on each page of the report
5. Equipment name, brand and model number;
6. Color photographs of equipment 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-telecommunications interface hardware or non-telecommunications interface function in a piece of TTE or non-plug-and-play restricted communications module 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 piece of TTE or non-plug-and-play restricted communications module, a hardcopy or electronic file of the following documents shall be submitted to the certification body that shall issue a piece of TTE type approval certificate printed with an approval label upon the qualification of approval; the certification body may request the applicant to submit the equipment, module, external power supply, accessory or external antenna if deemed necessary:
1. Application form for type approval certificate for telecommunication terminal equipment;
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 equipment sample;
6. 4x6” color photographs of equipment 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 equipment;
7. 4x6” color photographs of interior of the equipment sample and circuit board with scale, at least showing two(2)sides; the main components on the circuit board shall be clearly identifiable;
8. Document of personal identification document 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 Paragraphs 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 TTE or non-plug-and-play restricted communications module in normal use mode, 4x6” 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 TTE or non-plug-and-play restricted communications module)for the TTE or non-plug-and-play restricted communications module, 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 TTE or non-plug-and-play restricted communications module in normal use mode.
Article 8
For the application for TTE 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 TTE DoC printed with a DoC label; the certification body may request the applicant to submit the equipment, external power supply, accessory or external antenna if necessary:
1. Application form for declaration of compliance for telecommunications terminal equipment;
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 equipment sample;
6. 4x6” color photographs of equipment 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 equipment;
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 Paragraphs 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 DoC certificate.
Where the external power supply or accessory is not used on TTE 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 TTE power output combinations)for the TTE or non-plug-and-play restricted communications module, 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 TTE in normal use mode.
Article 9
For the application for TTE compliance approval for private use, the hardcopy or electronic file of the following equipment and documents shall be submitted to the competent authority for approval. Upon approval, the competent authority shall issue the TTE 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 equipment if deemed necessary:
1. The telecommunications terminal equipment to be approved;
2. Application form for compliance approval for telecommunications terminal equipment for private use
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 equipment;
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 issuing the TTE compliance approval certificate.
Article 10
Regarding the applications for approval of TTE or non-plug-and-play restricted communications module, where an application is missing a document or deemed incomplete or an item is still required, the certification body shall inform the applicant to undertake corrective action within one month; failure to undertake the required corrective action or provide complete materials after being informed shall result in the rejection of the said application.
When an application has failed per 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 secondary review to the original certification body; failure to apply for secondary review by the given deadline or failure of the secondary review shall result in rejection of the application.
Article 11
Separate applications for approval shall be required for TTE or non-plug-and-play restricted communications modules of different brands, model numbers, hardware, Telecommunications interface functionalities, appearances, colors, materials, methods of power supply, accessory or antennas.
Separate applications for approval shall be required for restricted final products assembled with the same restricted communications module but on different platforms.
Regarding TTE or non-plug-and-play restricted communications modules issued with an approval certificate, an application for new approval shall be required for change of original applicant, brand, model number, hardware, telecommunications interface functionality, appearance, color, material, way of power supply, accessory or antenna, unless otherwise specified in these Regulations. However, for the expansion of telecommunications interface on TTE or non-plug-and-play restricted communications module that does not affect the telecommunications interface functionality originally approved, the application for approval may be submitted only for the expansion.
In either of the following circumstances, the application for type approval for a series product may be submitted for a piece of TTE 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-telecommunications interface 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.
For the applications for series product type approval mentioned in 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 piece of TTE or non-plug-and-play restricted communications module issued with an approval certificate without affecting telecommunications interface, the application of new approval may be exempted with the confirmation of the original certification body.
For the change of external power supply or accessory 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 piece of TTE or non-plug-and-play restricted communications module issued with an approval certificate without the change or original applicant, telecommunications interface 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-telecommunications interface 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 communications module issued with an approval certificate.
Regarding a piece of TTE or non-plug-and-play restricted communications module 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 12
Those that have been issued a type approval certificate, DoC certificate or simplified DoC certificate shall keep the approved TTE or non-plug-and-play restricted communications module, 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 three(3)years after the equipment is no longer produced or imported. For the external power supply, accessory and external antenna of the TTE or non-plug-and-play restricted communications module 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 external power supply, accessories, external antenna, test fixture or software.
Article 13
A certification body may develop an online application system to receive applications for approval of TTE or non-plug-and-play restricted communications module.
The online applications and the schedule of the implementation mentioned in the preceding paragraph shall be announced by the competent authority.
Article 14
The type approval certificate and DoC certificate issued pursuant to these Regulations are compliance approval certificates mentioned in Paragraph 1, Article 44 of the Act.
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