電信終端設備審驗管理辦法

These Regulations are promulgated pursuant to Paragraph 3, Article 44 of the Telecommunications Management Act.

1The terms adopted in these Regulations are defined as follows:

21. 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.

32. 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.

43. Certification body: the competent authority or an institute delegated by the competent authority for the reviews of TTE.

54. 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:

6（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;

7（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.

85. 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;

96. Platform: a piece of equipment that is fully functional even without a non-plug-and-play restricted communications module.

107. Final product: a piece of TTE assembled from a non-plug-and-play restricted communications module and a platform.

118. Approval certificate: a type approval certificate, declaration of compliance certificate, simplified declaration of compliance certificate or compliance approval certificate issued according to these Regulations.

129. Accessory: a signal cable or equipment connected to TTE or non-plug-and-play restricted communications module for normal use.

1310. Peripheral: a piece of equipment connected to TTE or non-plug-and-play restricted communications module for normal use.

1411. Test cable: a cable connected to TTE or non-plug-and-play restricted communications module for the purpose of testing.

1512. Test fixture: a piece of equipment attached to TTE or non-plug-and-play restricted communications module for the purpose of testing.

1613. 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.

1TTE 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:

21. Chinese National Standards（CNS）;

32. Standards established by an international standardization organization;

43. Standards established by a regional standardization organization.

5For the criteria of electromagnetic compatibility or electrical safety in the technical specifications mentioned above, the requirements specified in other laws and regulations shall apply.

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.

1Regarding the applications for TTE compliance approval, the compliance approval shall be classified as either for “sale” or “private use.”

2Compliance approval for the purpose of sale includes type approval and declaration of compliance（DoC）. The approval procedure is provided as follows:

31. 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.

42. 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.

5TTE to which DoC may apply shall be announced by the competent authority.

6Regarding TTE to which DoC may apply as announced, the applicant may apply for the procedure for type approval.

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1The examination report mentioned in these Regulations shall be issued by a testing body.

2Where 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.

3Where 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.

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

51. Name and address of applicant;

62. Name and address of testing body;

73. Unique identification of examination report and identification on each page of the report;

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1For 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:

21. Application form for type approval certificate for telecommunication terminal equipment;

32. User’s manual or instructions in traditional Chinese or English;

43. Specifications in traditional Chinese or English;

54. Circuit diagram or circuit block diagram;

65. Test report for equipment sample;

76. 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;

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1For 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:

21. Application form for declaration of compliance for telecommunications terminal equipment;

32. User’s manual or instructions in traditional Chinese or English;

43. Specifications, catalogue or other document of proof in traditional Chinese or English;

54. Circuit diagram or circuit block diagram;

65. Test report for equipment sample;

76. 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;

87. 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;

1For 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:

21. The telecommunications terminal equipment to be approved;

32. Application form for compliance approval for telecommunications terminal equipment for private use

43. Specifications in traditional Chinese or English; technical specifications, such as frequency and power output, shall be included;

54. Document（s）proving the source of the equipment;

65. 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;

76. Electronic file（s）, including materials mentioned in Subparagraphs 2 through 5.

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1Regarding 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.

2When 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.

1Separate 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.

2Separate applications for approval shall be required for restricted final products assembled with the same restricted communications module but on different platforms.

3Regarding 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.

4In 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:

51. The change of antenna, appearance, color, material, auxiliary non-telecommunications interface functionality, method of power supply, accessory, brand or model number only;

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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.

1A certification body may develop an online application system to receive applications for approval of TTE or non-plug-and-play restricted communications module.

2The online applications and the schedule of the implementation mentioned in the preceding paragraph shall be announced by the competent authority.

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.

1The compliance label and DoC label shall be owned by those that have been issued the approval certificate.

2Those 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.

3The 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.

4For 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.

5In 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.

1A 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:

21. 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.

32. Warning（s）in traditional Chinese shall be indicated at the location specified by the competent authority in the applicable technical specifications.

43. 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.

5For 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.

6For 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.

1Regarding 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.

2For 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:

31. Change of manufacturer;

42. Change of applicant’s name or address;

53. 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.

6For the application for replacement according to the preceding paragraph, the following documents shall be provided:

71. 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;

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1A 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.

2The competent authority may instruct a certification body to perform an inspection of a specific TTE or non-plug-and-play restricted communications module.

3Regarding the inspection mentioned in the two preceding paragraphs, the competent authority may specify the item（s）of inspection.

4When 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.

5In 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.

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1In 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.

2In 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:

31. An inspection reveals incompliance with the applicable technical specifications for TTE;

42. Separate applications for approval were not proposed for restricted final products assembled with the same restricted communications module and different platforms as required;

53. 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;

64. A new application for approval was not proposed as required after amendment of applicable technical specifications;

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1Regarding 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.

2On 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.

3For 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.

4For 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.

1The 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.

2In 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.

3For 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.

4The 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.

1For 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.

2Failure 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.

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.

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.

The processes and forms used for the application mentioned in these Regulations are to be specified by the competent authority.

These Regulations shall be effective on the first day of July, 2020.