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Chapter Law Content

Chapter III Use of Label and Market Management
Article 15
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 TTE or non-plug-and-play restricted communications module 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 piece of TTE and applied for an exemption of re-exporting according to the applicable administrative regulations for TTE manufacturing, importing and reporting, or reports to the competent authority for supervision on destruction, the document issued by said person issued with the approval certificate for the licensing of the use of compliance approval label or DoC label may be provided instead.
Article 16
A piece of TTE 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 it the following process has been adhered:
1. The compliance approval label or DoC label and model number are indicated on the body where it is highly visible, and the mark of the competent authority on the package box. For final products, the compliance approval label of non-plug-and-play restricted communications module 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.
3. For PLBs, the notification that the holder is obliged to apply for information registration to Maritime Port Bureau, MOTC shall be indicated on the package box and in the user’s manual(or instructions)of the equipment.
For difficulty of indicating labels, model number, warnings in traditional Chinese or information registration mentioned in the preceding paragraph, the indication shall be undertaken in a manner approved by the competent authority, provided that the approval of the competent authority is secured.
For TTE which is equipped with a built-in screen or must 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 correction by a given deadline.
For TTE that is for private use and that has been approved, the applicant shall attach the compliance approval label on the TTE body where it is highly visible.
Article 17
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 equipment and the statement that the equipment 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 18
A certification body may perform an inspection of a piece of TTE or non-plug-and-play restricted communications module for which the compliance approval certificate has been issued.
The competent authority may instruct a certification body to perform an inspection of a specific TTE or non-plug-and-play restricted communications module.
Regarding the 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 piece of TTE or non-plug-and-play restricted communications module, 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 assistance or the item(s)at his own cost.
The TTE, non-plug-and-play restricted communications module, external power supply, accessory, external antenna, test fixture and/or test software mentioned in the two preceding paragraphs may be returned to those that have been issued the certificate after the certification body has completed the test.
A report that a piece of TTE or non-plug-and-play restricted communications module 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 TTE or non-plug-and-play restricted communications module 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 piece of TTE or non-plug-and-play restricted communications module 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 TTE.
Regarding the discovery that TTE, non-plug-and-play restricted communications module, 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 missing or incorrect and that is approved by the competent authority, the original certification body shall inform those that have been issued the approval certificate to undertake corrective action within a prescribed period of time.
The contents of the sampling inspection report shall be consistent with the items in the inspection report specified in the Regulations Governing Testing Bodies and Regulatory Certification Bodies for Telecommunications Terminal Equipment.
Article 19
In case that the TTE, non-plug-and-play restricted communications module 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 TTE;
2. Separate applications for approval were not proposed for restricted final products assembled with the same restricted communications module 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 piece of TTE or non-plug-and-play restricted communications module as required;
4. A new application for approval was not proposed as required after amendment of applicable technical specifications;
5. The TTE or non-plug-and-play restricted communications module, 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 TTE or non-plug-and-play restricted communications module, or refusal to assist in or provide such equipment, 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 TTE, non-plug-and-play restricted communications module, external power supply, accessory, external antenna, data or electronic file provided for the application for approval;
8. Prohibition to sell a piece of TTE or non-plug-and-play restricted communications module 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 the seller.
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 TTE;
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 TTE;
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 Telecommunications interface functions that has been confirmed by the original certification body;
4. The mark of the competent authority, compliance approval label, DoC label or model number was not indicated as required;
5. The warnings in traditional Chinese were not indicated on the specified location as required;
6. The notification that the holder is obliged to apply for information registration to Maritime Port Bureau, MOTC was not indicated on the package box and in the user’s manual(or instructions)of a PLB.
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 TTE or non-plug-and-play restricted communications module, 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 TTE or non-plug-and-play restricted communications module or a sampling inspection proves incompliance with applicable requirements.
Article 20
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 TTE or non-plug-and-play restricted communications module 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 TTE or non-plug-and-play restricted communications modules 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 TTE or non-plug-and-play restricted communications module 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.