電信管制射頻器材審驗辦法

The Regulations are promulgated pursuant to Paragraph 2 of Article 50 of Telecommunications Act (hereinafter shortened as the Act).

1The terms used in these Regulations shall be defined as follows:

21. Controlled Telecommunications Radio-Frequency Devices (hereinafter referred to as CTRFDs) refer to controlled telecommunications radio-frequency devices that shall be approved by National Communications Commission (hereinafter referred to as the Commission) in accordance with Paragraph 4 of Article 49 of the Telecommunications Act.

32. Examination Body refers to testing laboratories recognized by the Commission or accredited by domestic accreditation bodies recognized by the Commission for their compliance with CNS 17025 or ISO/IEC 17025 standards.

43. Certification Body refers to the Commission or bodies recognized and commissioned by the Commission to undertake compliance approval for CTRFDs.

54. Product series refer to products that have identical output power, modulation technology, frequency and number of frequency channels with approved CTRFD or Radio-Frequency Modules (Parts), and require no change of the technical specifications and/or main components, such as the PCB layout. Changes are only permitted to the antenna, appearance, auxiliary non-radio-frequency functions, power supply methods, and the brand name or model number of other products. As no change shall be made to the specifications of the product’s hardware, brand name and model number, the transmission power, frequency range or number of channels can be reduced only by means of software updates.

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1The compliance approval of CTRFD shall be conducted according to the Regulations, except for the provisions of Paragraph 2 and 3.

2Compliance Approval Regulations of Telecommunications Terminal Equipment are applicable to telecommunications terminal equipment of CTRFDs and the approval certificate shall be issued accordingly.

3CTRFD included compliance approvals for station approval items of regulations governing stations authorized and stipulated according to Paragraph 3 of Article 46 of Telecommunications Act, or station compliance approval that can replace the CTRFD approval shall adhere to administrative regulations relative to each station.

1CTRFDs shall comply with technical specifications stipulated by the Commission. Where no technical specification has been stipulated, applicable regulations shall be applied in accordance to the following order:

21. Chinese National Standards (CNS).

32. Standards specified by the international standard organization.

43. Standards specified by the regional standard organization.

1Regarding the applications of CTRFD compliance approval, the compliance approval can be classified as “sale use” or “private use” on the basis of use.

2Compliance approval for the purpose of sale includes type certificate, DoC, simplified DoC and step-by-step compliance approval.

3The approval operating procedures for type certificate, DoC, simplified DoC or step-by-step compliance approval shall be conducted as follows:

41. Regarding applications of type approval, the CTRFD examination report acquired by a domestic natural person, corporate or non-corporate organization, or foreign manufacturer shall be submitted to the Certification Body with relevant documents. The Certification Body shall issue the approval certificate should the application comply with Article 4 of the Act.

52. Regarding applications of DoC, the CTRFD examination report acquired by a domestic natural person, corporate or non-corporate organization, or foreign manufacturer shall be submitted to the Certification Body with its declaration and relevant documents for registration. Upon completion of the registration, the Certification Body shall issue the approval certificate accordingly.

63. Regarding applications of simplified DoC, the declaration made by a domestic natural person, corporate or non-corporate organization, or foreign manufacturer for the compliance of its CTRFD with Article 4 or regulations equivalent to Article 4 of the Act shall be submitted to the Certification Body with relevant documents for registration. Upon completion of the registration, the Certification Body shall issue the approval certificate accordingly.

1Where the documents or objects submitted by the Applicant for CTRFD compliance approval is deemed incomplete or insufficient, the Certification Body shall notify the Applicant. Starting from the day after receiving the notification, the Applicant shall undertake corrective action within one month. The application of those who fail to undertake the required corrective action within the prescribed period shall be rejected.

2If the application is rejected, disqualified items shall be listed and notified by the Certification Body. Starting from the next day after receiving the notification, the Applicant shall undertake corrective action and reapply to the original Certification Body for certification within two months. The application of those who fail to reapply for certification or remain disqualified during the re-certification shall be rejected.

1Examination report mentioned in the Act shall be issued by the examination body.

2Where the examination body as described in the preceding paragraph is unable to provide the device examination service, the Applicant of compliance approval may submit examination reports issued by examination body accredited by accreditation bodies of other countries and the said report shall comply with Article 4.

3Where the testing laboratory accredited by accreditation bodies of other countries as described in the preceding paragraph is unable to provide the device examination services, the applicant may submit test reports provided by the manufacturer and the said report shall comply with Article 4.

4The examination report as described in Paragraph 1 shall include the following items:

51. Name and address of Applicant;

62. Name and address of examination body;

73. Report number that is used as the only identification. The number shall be printed on each page of the report.

84. Device name, brand name and model number;

1Those who apply for CTRFD type approval shall complete the application form and submit the original copy or photocopy of the following documents to the certification body. Applicants that succeed in type approval shall receive a CTRFD approval certificate printed with the format of approval label from the certification body. The certification body may request the Applicant to submit a sample device whenever necessary:

21. User manual or instructions in Chinese or English.

32. Technical specifications in Chinese or English.

43. Circuit diagram or block diagram.

54. Examination report of device sample.

65. Color photos or pictures of the device sample (of six sides of the sample and its accessories). The photos or pictures shall be minimum 4” x 6” and shall clearly show the brand name and model number.

76. Applicants who are natural persons of the country shall submit identifications of the Republic of China (two forms of identification), whereas a domestic corporate or non-corporate organization or foreign manufacturer shall submit the company registration certificate.

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1Those who apply for CTRFD DoC shall complete the application form and submit the original copy or photocopy of the following documents to the certification body. Applicants that succeed in the registration shall receive a CTRFD DoC certificate printed with the format of DoC label from the certification body.

21. User manual or instructions in Chinese or English.

32. Specifications in Chinese or English.

43. Circuit diagram or block diagram.

54. Examination report of device sample.

65. Color photos or pictures of the device sample (of six sides of the sample and its accessories). The photos or pictures shall be minimum 4” x 6” and shall clearly show the brand name and model number.

76. Applicants who are natural persons of the country shall submit identifications of the Republic of China (two forms of identification), whereas a domestic corporate or non-corporate organization or foreign manufacturer shall submit the company registration certificate.

87. Other certification documents requested by the Commission.

1Those who apply for CTRFD simplified DoC shall complete the application form and submit the original copy or photocopy of the following documents to the certification body. Applicants that succeed in the registration shall receive a CTRFD DoC certificate printed with the format of DoC label from the certification body. The certification body may request the Applicant to submit a test report whenever necessary.

21. User manual or instructions in Chinese or English.

32. Specifications in Chinese or English.

43. Color photos or pictures of the device sample (of six sides of the sample and its accessories). The photos or pictures shall be minimum 4” x 6” and shall clearly show the brand name and model number.

54. Applicants who are natural persons of the country shall submit identifications of the Republic of China (two forms of identification), whereas a domestic corporate or non-corporate organization or foreign manufacturer shall submit the company registration certificate.

65. Other certification documents requested by the Commission.

76. A CD with digital files of the application form and electronic files itemized from Paragraph 1 to 5.

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1Those who apply for step-by-step compliance approval of CTRFD for sale use shall complete the application form and submit the following devices and documents (original copy or photocopy) to the Commission. Applicants that succeed in the approval shall receive a CTRFD approval certificate printed with the format of approval label from the Commission. The Commission may request the Applicant to submit an examination report of the device whenever necessary:

21. To-be-approved CTRFD.

32. User manual or instructions in Chinese or English.

43. Technical specifications or catalogue, which shall technical standards such as the frequency and output power, in Chinese or English.

54. Identification documents for device source.

65. Applicants who are natural persons of the country shall submit identifications of the Republic of China (two forms of identification), whereas a domestic corporate or non-corporate organization or foreign manufacturer shall submit the company registration certificate.

76. Other certification documents requested by the Commission.

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1Those who apply for compliance approval of CTRFD for private use shall complete the application form and submit the following devices and documents (original copy or photocopy) to the Commission. Applicants that succeed in the approval shall receive a CTRFD approval certificate printed with the format of approval label from the Commission. The Commission may request the Applicant to submit an examination report of the device whenever necessary:

21. To-be-approved CTRFD.

32. Technical specifications or catalogue, which shall technical standards such as the frequency and output power, in Chinese or English.

43. Identification documents for device source.

54. Applicants who are natural persons of the country shall submit identifications (two forms of identification), whereas domestic corporate or non-corporate organization or foreign manufacturer shall submit company registration certificate.

6The Commission shall return all the devices submitted for the application as described in the preceding Paragraph, but shall retain the aforementioned documents its reference.

1Compliance approval applications of CTRFD or radio-frequency modules (parts) with different brand name, model number, technical specifications or radio-frequency function shall be submitted separately.

2Where there is any change to the brand name, model number, technical specifications or radio-frequency function of approved CTRFD or radio-frequency modules (parts), the Applicant shall re-apply for compliance approval.

3Where CTRFD after the change is certified through type approval, the Applicant may apply for type approval of series product(s) in any of the following circumstances:

41. The change was made to the antenna, appearance, auxiliary non-radio-frequency functions, power supply methods or the brand name or model name of other products.

52. The transmission power, frequency range or the number of channels was reduced through software updates or amendment without changing the hardware specifications, brand name or model number.

6Where radio-frequency modules (parts) after the change are certified through type approval, the Applicant may apply for type approval of series product(s) in any of the following circumstances:

71. Addition to platform that is applicable to radio-frequency modules (parts).

Those who succeed in the application of type approval, DoC and simplified DoC certificate shall retain the sample device and test software / fixture required for the test for five years after the termination of production or import of the device.

1The certification body shall set up an online application system to accept applications for the compliance approval of CTRFD and radio-frequency modules (parts).

2The Commission shall announce details and implementation schedule of the aforementioned online application system.

1Approval and DoC labels shall belong to the Applicant that obtains the certificate.

2Those who obtain type approval or DoC certificate may authorize a third party to use the approval or DoC label of CTRFD or radio-frequency modules (parts) of the same brand and model.

3Regarding the authorization described in the preceding paragraph, the label holder shall submit a registration as designated by the Commission. Where the label possession belongs to the foreign manufacturer, the manufacturer may commission the original certification body to register.

1Those who obtain the approval certificate for the final product assembled of approved radio-frequency modules (parts) shall, before the import, sale or public display of final product, submit the electronic files of final product’s appearance photos marked with the brand name and model number to the original certification body for registration.

2Those who obtain the approval certificate with radio-frequency modules (parts) and authorize a third party to use the said label shall, after the radio-frequency modules (parts) are assembled into the final product, submit the electronic files of photos marked with the final product’s brand name, model number and appearance to the original certification body for registration.

3The Commission may request those who obtain the approval certificate with radio-frequency modules (parts) and fail to follow the preceding two paragraphs to undertake corrective action within a prescribed period and suspend the public display or sale of the product. The public display or sale shall only be permitted after the said corrective action has been undertaken.

1Those who obtain the CTRFD certificate or those who are authorized to use the approval or DoC label shall complete the following procedures before the public display or sale of the said commodities:

21. Refer to the label format printed on the certificate to produce approval or DoC labels, and affix or emboss the label in an obvious place of the body of CTRFD. It is also necessary to affix the Commission’s mark on the package. Where it is impractical to affix or emboss the label in an obvious place of the body of CTRFD, it is possible not to do so upon receipt of the Commission’s approval.

32. CTRFD related warning messages shall be marked in Chinese and in a position designated by the Commission or relevant technical specifications.

43. Those who use the label(s) of original certificate according to Paragraph 7 of Article 13 shall provide sufficient and correct information in the user manual and package.

5The labels that shall be affixed or embossed on the body of CTRFD as described in Subparagraph 1 may appear in electronic labeling.

6The Commission may request those who fail to comply with requirements as described in the preceding two paragraphs to state the reasons, undertake corrective action within a prescribed period, and suspend the public display or sale of commodity. The public display or sale shall only be permitted after the said corrections are made.

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1Those who sell approved CTRFD on the internet shall mark or provide compliance approval or DoC label or picture on its website.

2The Commission may request those who fail to mark or provide the information as described in the preceding paragraph to undertake corrective action within a prescribed period and suspend the public display or sale of commodity. The public display or sale shall only be permitted after the said corrective action has been undertaken.

1Those who have lost or damaged the approval certificate may apply to the original Certification Body for reissuing or renewing the certificate.

2Where there is any change to the certificate content and the change complies with one of the following circumstances, the certificate holder may submit the reissue or renewal request to the original certification body:

31. Change of or additional manufacturer.

42. Change of the Applicant’s name or address.

53. The Applicant reports corporate merger or division to the central competent authority, and the central competent authority agrees that the surviving or newly incorporated company is eligible to use the original approval certificate.

6Those who apply for reissue or renewal according to the preceding paragraph shall submit the following documents:

71. For Subparagraph 1 of the preceding Paragraph: renewal (reissue) application, device production outsourcing documents, and DoC that complies with technical specifications.

82. For Subparagraph 2 of the preceding Paragraph: renewal (reissue) application plus identifications if the Applicant is a natural person of the country (two forms of identification); or company registration certificate if the applicant is an incorporate or non-incorporate organization.

1The certification body may sample approved CTRFD or radio-frequency modules (parts) at any time.

2The certification body shall purchase the sample device as described in the preceding paragraph from the market and provide the certificate holder with the receipt for payment. The certificate holder must arrange the payment accordingly without any rejection. Where the certification body is unable to purchase the sample from the market, the certification body may request the certificate holder to provide free sample devices within a prescribed period.

3Those who apply for compliance approval shall provide the certification body with specific testing software, specific fixture, examination report, test report or compliance approval relevant document that are required for carrying out the device inspection as described in Paragraph 1. Applicants who receive the compliance approval certificate shall assist to provide or provide the said device and documents without charge.

4The certificate holder may retrieve specific software and fixtures required for testing CTRFD and radio-frequency modules (parts) as described in the preceding two paragraphs preceding the test.

5Those who report that the approved CTRFD or radio-frequency modules (parts) do not comply with Article 4 shall submit an examination report. Otherwise, the report shall not be accepted.

1The original certification body may revoke the approval certificate if the certificate holder submits a fraudulent or false device or data.

2The original certification body may rescind the approval certificate of the certificate holder in any of the following circumstances:

31. Failure to re-apply for compliance approval for changes to the device.

42. Failure to re-apply for approval after the amendments to technical specifications.

53. Failure to register the brand name, model number and appearance photos of final product, and no correction was made within a prescribed period.

64. Failure to affix approval or DoC label as regulated, and no corrective action was undertaken within a prescribed period.

75. Failure to affix or emboss Chinese warning message in designated location, and no correction was made within a prescribed period.

86. Regarding the use of original approval label, no sufficient and correct information was provided in the user manual or on the package, and no corrective action was undertaken within a prescribed period.

1Those whose certificate has been revoked or rescinded shall not be permitted to re-apply for compliance approval with CTRFD or radio-frequency modules (parts) of the same brand or model within three months after the date of revocation or rescission. The Commission may also announce the aforementioned revocation or rescission publically.

2Those whose certificate has been revoked or rescinded shall recycle the sold devices. The original certificate holder shall be liable for compensation in case of loses of a third party when recycling.

The Commission may disclose the approval certificate, appearance photos, examination report or test report without the circuit information, and other compliance approval related documents of approved CTRFD or radio-frequency modules (parts).

Paragraph 1 to 3 of Article 18, Article 19 and Article 21 are applicable to final products assembled of approved radio-frequency modules (parts).

Those who apply for compliance approval or certificate reissue or renewal shall remit payment for the approval and certificate fees to the certification body according to charging standards stipulated by the Commission.

The CTRFD or radio-frequency modules (parts) approval fee shall be remitted when submitting the compliance approval application. Where the application is rejected pursuant to the Regulations, the approval fee shall not be returned to the Applicant.

Under bilateral or multilateral telecommunications equipment recognition agreements or arrangements signed between our country and other countries, regional organizations or international organizations, the Commission may accept the CTRFD examination report, certification certificate or DoC issued by other countries or the inspection and certification bodies of other economic entities under the said agreements or arrangements.

The application form and operating procedures pursuant to the Regulations are stipulated and announced by the Commission.

1The Regulations shall take effect upon the date of promulgation.

2Amendments to Subparagraph 1 of Paragraph 1 of Article 18 and Article 19 of the Regulations on June 7, 2017 are promulgated on September 6, 2017.