Regulations Governing Compliance Approval for Telecommunications Terminal Equipment

2020-07-08
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Chapter I General Rules
Article 1
These Regulations are promulgated pursuant to Paragraph 3, Article 44 of the Telecommunications Act.
Article 2
The terms adopted in these Regulations are defined as follows:
1. Telecommunications terminal equipment(hereinafter as “TTE”): a piece of equipment that interfaces with public telecommunications network at a terminal point using wireless or wired transmission media and communicates via light or electromagnetic waves.
2. Testing body: a testing laboratory approved by a domestic accreditation body as 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 reviews of TTE.
4. Series product: a piece of TTE or non-plug-and-play restricted communications module 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-telecommunications functions, power supply, accessory, brand or model, and the product with the same basic design and functions for telecommunications interface, electromagnetic compatibility and electrical safety;
(2)No change to telecommunications 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 restricted communications module: a wireless transmitter, wireless transceiver or wired transmission or receiving module that is provided with complete telecommunications interface functionality but unable to operate independently;
6. Platform: a piece of equipment that is fully functional even without a non-plug-and-play restricted communications module.
7. Final product: a piece of TTE assembled from a non-plug-and-play restricted communications module and a platform.
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 equipment connected to TTE or non-plug-and-play restricted communications module for normal use.
10. Peripheral: a piece of equipment connected to TTE or non-plug-and-play restricted communications module for normal use.
11. Test cable: a cable connected to TTE or non-plug-and-play restricted communications module for the purpose of testing.
12. Test fixture: a piece of equipment attached to TTE or non-plug-and-play restricted communications module for the purpose of testing.
13. Personal locator beacon(PLB): a piece of equipment that transmits a distress signal at 406 MHz, or together with an auxiliary signal at 121.5 MHz, to a satellite in real time for the purpose of rescue when an individual is stranded.
Article 3
TTE 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.
Article 4
Regarding the TTE connected to a piece of telecommunications equipment established by a telecommunications enterprise operating a public telecommunications network, in the case where additional test items are required in order to comply with the conditions of connection, the approval of the competent authority shall be required in addition to compliance with the applicable technical specifications mentioned in the preceding article.
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.
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.
Chapter IV Supplementary Provisions
Article 21
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 TTE or non-plug-and-play restricted communications module for which the approval certificate has been issued.
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 TTE or non-plug-and-play restricted communications module 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 TTE or non-plug-and-play restricted communications module 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 in Paragraph 2 shall be 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 22
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 23
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 24
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 piece of TTE or non-plug-and-play restricted communications module.
Article 25
The processes and forms used for the application mentioned in these Regulations are to be specified by the competent authority.
Article 26
These Regulations shall be effective on the first day of July, 2020.