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

Print Time:2024/11/25 06:19
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Chapter Law Content

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.
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