電信管制射頻器材審驗管理辦法

These Regulations are promulgated pursuant to Paragraph 5, Article 66 of the Telecommunications Management Act.

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

21. Controlled telecommunication radio-frequency device（hereinafter as “CTRFD”）: the radio-frequency（hereinafter as “RF”）device promulgated by the competent authority according to Paragraph 2, Article 65 of the Telecommunications Management Act.

32. Testing body: a test laboratory approved by a domestic accreditation body 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 CTRFD approval.

54. Series product: a CTRFD or non-plug-and-play radio-frequency module（component）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-RF functions, power supply, accessory, brand or model;

7（2）No change to RF 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 radio-frequency module（component）: a transmitter or transceiver that is provided with complete RF functionality but unable to operate independently; a transmitter or transceiver that is only installed on a specific platform for use is a restricted RF module（component）and one that can be installed on various platforms is a complete RF module（component）.

96. Platform: a device that that is fully functional even without a non-plug-and-play radio-frequency module（component）.

107. Final product: a CTRFD assembled from a non-plug-and-play radio-frequency module（component）and a platform; a restricted CTRFD assembled from a restricted RF module（component）and a platform is a restricted final product and a CTRFD assembled from a complete RF module（component）and a platform is a complete final product.

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 device connected to CTRFD or non-plug-and-play radio-frequency module（component）for normal use.

1310. Peripheral: a piece of equipment connected to CTRFD or non-plug-and-play radio-frequency module（component）for normal use.

1411. Test cable: a cable connected to CTRFD or non-plug-and-play radio-frequency module（component）for the purpose of testing.

1512. Test fixture: a device attached to CTRFD or non-plug-and-play radio-frequency module（component）for the purpose of testing.

1The review of a CTRFD shall be performed according to these Regulations, unless otherwise specified by law.

2For radio station approval items specified in the administrative regulations for the management of radio stations promulgated according to Paragraph 9, Article 37, administrative regulations for dedicated telecommunication networks promulgated according to Paragraph 7, Article 50, and administrative regulations for amateur radio operators and stations according to Paragraph 2, Article 51 of the Telecommunications Management Act that include CTRFD approval or station approval that is replaceable for CTRFD approval, the requirements of respective regulations shall apply.

1CTRFDs 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.

1Regarding the applications for CTRFD 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, declaration of compliance（DoC）, simplified DoC and step-by-step compliance approval. The approval procedure is provided as follows:

31. Regarding applications of type approval, the CTRFD examination report acquired by a domestic natural person, juristic person or non-juristic person group, or foreign manufacturer shall be submitted to a Certification Body with required documents. The Certification Body shall issue the approval certificate should the CTRFD qualify in the review according to the technical specifications for CTRFD.

42. Regarding applications of DoC, the CTRFD examination report acquired by a domestic natural person, juristic person, non-juristic person group, or foreign manufacturer shall be submitted to the Certification Body together with his declaration that the said CTRFD complies with the applicable CTRFD technical specifications and the documents specified in Article 8 for registration with a certification body. Upon completion of the registration, the Certification Body shall issue the approval certificate accordingly.

53. Regarding applications of simplified DoC, the declaration made by a domestic natural person, juristic person, non-juristic person group, or foreign manufacturer for the compliance of its CTRFD with the technical specifications for CTRFDs or equivalent technical specifications for CTRFDs shall be submitted to the Certification Body with the documents specified in Article 9 for registration. Upon completion of the registration, the Certification Body shall issue the simplified DoC accordingly.

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 CTRFD or non-plug-and-play radio-frequency module（component）, the Applicant of compliance approval may submit the examination reports issued by test laboratory accredited by an accreditation body of a foreign country and the said report shall comply with the technical specifications for CTRFDs.

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 CTRFD or non-plug-and-play radio-frequency module（component）, the applicant may submit test reports provided by the manufacturer and the said report shall comply with the technical specifications for CTRFDs.

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 the identification on each page of the report;

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1For the application of type approval for a CTRFD or non-plug-and-play radio-frequency module（component）, a hardcopy or electronic file of the following documents shall be submitted to the certification body that shall issue a CTRFD type approval certificate printed with an approval label upon the qualification of approval; the certification body may request the applicant to submit the device, module（component）, external power supply, accessory or external antenna if deemed necessary:

21. Application form for type approval certificate for controlled telecommunication radio-frequency device;

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 device sample;

76. 4”x6” color photographs of device sample, external power supply and accessories with scale; the manufacturer and model number shall be clearly visible; the photographs shall show all six（6）sides of the device;

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1For the application for CTRFD DoC, the hardcopy or electronic file of the following documents shall be submitted to the certification body for registration. Upon registration, the certification body shall issue the CTRFD DoC printed with a DoC label; the certification body may request the applicant to submit the device, external power supply, accessory or external antenna if necessary:

21. Application form for declaration of compliance for controlled telecommunication radio-frequency device;

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 device sample;

76. 4x6” color photographs of device sample, external power supply and accessories with scale; the manufacturer and model number shall be clearly visible; the photographs shall show all six（6）sides of the device;

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 simplified CTRFD DoC, the hardcopy or electronic file of the following documents shall be submitted to the certification body for registration. Upon registration, the certification body shall issue the simplified CTRFD DoC printed with a DoC label; the certification body may request the applicant to submit the examination or test report for the said device if deemed necessary:

21. Application form for simplified declaration of compliance for controlled telecommunication radio-frequency device;

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. 4”x6” color photographs of device sample, external power supply and accessories with scale; the manufacturer and model number shall be clearly visible; the photographs shall show all six（6）sides of the device;

65. 4”x6” color photographs of inside of device sample and circuit board with scale, at least showing two（2）sides; the main components on the circuit board shall clearly identifiable;

76. 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;

1For the application for step-by-step CTRFD compliance approval, the hardcopy or electronic file of the following device and documents shall be submitted to the competent authority for approval. Upon approval, the competent authority shall issue the CTRFD compliance approval certificate printed with an approval label; the competent authority may request the applicant to submit the examination or test report for the said device if deemed necessary:

21. The controlled telecommunications radio-frequency device to be approved;

32. Application form for step-by-step compliance approval for controlled telecommunications radio-frequency device

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

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

65. Document（s）proving the source of the device;

76. 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;

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1For the application for CTRFD compliance approval for private use, the hardcopy or electronic file of the following device and documents shall be submitted to the competent authority for approval. Upon approval, the competent authority shall issue the CTRFD compliance approval certificate printed with an approval label; the competent authority may request the applicant to submit the examination or test report for the said device if deemed necessary:

21. The controlled telecommunications radio-frequency device to be approved;

32. Application for type approval for private telecommunications radio-frequency device

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 device;

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 CTRFD or non-plug-and-play radio-frequency modules（components）, in case the of an incomplete or missing document or required item, the certification body shall inform the applicant to undertake corrective action within one month; failure to do so within the prescribed period shall result in the rejection of the application.

2For applications that have failed approval as mentioned in the preceding paragraph, the certification body shall draw a list of failed items and inform the applicant to undertake corrective action within two months and apply for a secondary review to the original certification body; failure to apply for secondary review within the prescribed period or failure of the secondary review shall result in rejection of the application.

1Separate applications for approval shall be required for CTRFDs or non-plug-and-play radio-frequency modules（components）of different brands, model numbers, hardware, RF functionalities, appearances, colors, materials, and methods of power supply, accessory or antennas.

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

3Regarding CTRFDs or non-plug-and-play radio-frequency modules（components）issued with an approval certificate, an application for new approval shall be required for change of original applicant, brand, model number, hardware, RF functionality, appearance, color, material, way of power supply, accessory or antenna, unless otherwise specified in these Regulations.

4In either of the following circumstances, the application for type approval for a series product may be submitted for a CTRFD for which a type approval certificate is issued for its change other than the change of original applicant:

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

62. The change of modulation technique by firmware or software, or reduction of transmission power, frequency range, bandwidth or number of channels only.

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Those that have been issued a type approval certificate, DoC certificate or simplified DoC certificate shall keep the approved CTRFD or non-plug-and-play radio-frequency module（component）, external power supply, accessories, external antenna, test fixture that complies with the examination or test report and the test software of the same version as in the examination or test report properly for five（5）years after the device is no longer produced or imported. For the external power supply, accessory and external antenna of the CTRFD or non-plug-and-play radio-frequency module（component）that is not used in the normal use mode or the test fixture or program that is not used in testing, it is not necessary to keep such an external power supply, accessories, external antenna, test fixture or software.

1A certification body may develop an online application system to receive applications for approval of CTRFD or non-plug-and-play radio-frequency module（component）.

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

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 CTRFD or non-plug-and-play radio-frequency module（component）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 CTRFD and applied for the exemption of re-exporting according to the applicable administrative regulations for CTRFD manufacturing, importing and reporting, or reports to the competent authority for supervision on destruction, the document issued by said person with the approval certificate for the licensing of the use of compliance approval label or DoC label may be provided instead.

1Regarding a complete final product assembled using a complete RF module（component）and issued with a compliance approval, those that have been issued an approval certificate for the complete RF module（component）shall submit the brand, model number and electronic files of appearance photographs to the original certification body for registration prior to complete product being sold.

2In the case where those that have been issued an approval certificate for a complete RF module（component）permits others for the use of the compliance approval label, those that have been issued the approval certificate for the complete RF module（component）shall provide an electronic file that contains the brand, model number and appearance photographs of the complete final product to the original certification body for registration after the complete final product has been assembled with the complete RF module（component）.

3For the application for registration to the original certification body as mentioned in the preceding two paragraphs, 4×6” color photographs of the complete final product assembled with the complete RF module（component）showing at least two sides of the product and its interior and circuit board with scale shall be provided. The major elements on the circuit board shall be clearly identifiable.

4For the registration mentioned in Paragraphs 1 and 2 above, such registration shall be assumed by the competent authority or a certification body appointed by the competent authority, in case the original certification body ceases to provide such registration services momentarily or permanently.

5For products that are not processed according to Paragraphs 1 through 3, the competent authority may request corrective action to be undertaken within a prescribed period of time and temporary termination of sales. Sales shall not resume until the correction has been confirmed.

1A CTRFD 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 the following process has been followed:

21. The compliance approval label or DoC label and model number are indicated on the body where it is clearly visible, and the logo of the competent authority on the packaging. For final products, the compliance approval label of non-plug-and-play radio-frequency module（component）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.

4For difficulty of indicating labels, model number or warnings in traditional Chinese mentioned in the preceding paragraph, the indication shall be done as approved by the competent authority, provided that the approval of the competent authority has been obtained.

5For CTRFDs that are equipped with a built-in screen or are required to 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.

6For 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 corrective action to be undertaken within a prescribed period of time and temporary termination of sales. Sales shall not resume until the correction has been confirmed.

1For the sales of CTRFDs over the internet, the model number and information of compliance approval label or DoC label shall be provided on the webpage. Only for final product, however, the model number and the information of compliance approval label of the non-plug-and-play radio-frequency module（component）assembled may be provided.

2For failure of indication as mentioned in the preceding paragraph, the competent authority may request for correction action to be undertaken within a prescribed period and momentarily termination of sales. The sale shall not assume until the correction has been confirmed.

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 device and the statement that the device complies with the applicable technical specifications;

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1A certification body may perform an inspection on a CTRFD or non-plug-and-play radio-frequency module（component）for which the compliance approval certificate has been issued.

2The competent authority may instruct a certification body to perform an inspection of a specific CTRFD or non-plug-and-play radio-frequency module（component）.

3Regarding the sampling 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 CTRFD or non-plug-and-play radio-frequency module（component）, 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 his assistance or the item（s）required at his own cost.

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1In case that the CTRFD, non-plug-and-play radio-frequency module（component）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 CTRFD;

42. Separate applications for approval were not proposed for restricted final products assembled with the same restricted RF module（component）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 CTRFD or non-plug-and-play radio-frequency module（component）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 CTRFD or non-plug-and-play radio-frequency module（component）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 CTRFDs or non-plug-and-play radio-frequency modules（components）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 CTRFD or non-plug-and-play radio-frequency module（component）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.

1Regarding an occurrence of combustion, explosion, melting or other major hazard to general consumers in a piece of mobile telecommunications terminal equipment, those that have been issued an compliance approval certificate shall provide the competent authority the following information:

21. Name, brand, model number, serial number and place of origin of the mobile telecommunications terminal equipment in question, the date that the major hazard occurred, description and possible cause of the event;

32. Corrective measures to be taken, warning to alert the general consumers and its description;

43. Action of recall if necessary or the reason that recall is not necessary.

5In the case where the competent authority performs an investigation of the hazard to general consumers as mentioned in the preceding paragraph and believes that a test is necessary, a consumer protection group, occupational group, testing body, test laboratory or any other governmental or private institute or group that is related to the test items to be performed may be delegated to conduct the test; those that have issued the approval certificate may be asked to present statements prior to the conclusion of the investigation report.

6In the case where the investigation indicates that the said mobile telecommunications terminal equipment poses a major hazard to the safety of general consumers, the competent authority may instruct those that have been issued the approval certificate, those that have been licensed for the use of compliance approval label and those that sell the specific product to recall, recover or destroy the product.

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 CTRFD or non-plug-and-play radio-frequency module（component）for which the approval certificate has been issued. For a complete final product that is assembled with a complete RF module（component）for which an approval certificate has been issued, the competent authority may disclose the brand and model number of the complete final product and its photographs.

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 CTRFD or non-plug-and-play radio-frequency module（component）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 CTRFD or non-plug-and-play radio-frequency module（component）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 Paragraph 2 is 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 CTRFD or non-plug-and-play radio-frequency module（component）.

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.