Rights and Responsibility of Supplier for Telecommunication Equipment
By the team at Zergo November 1, 2021
The NBTC has issued a notification regarding the right and responsibility of suppliers as the following records:
1. Having the right to manufacture, sell, or import telecommunication equipment of which the technical characteristics are the same as those being registered or certified as indicated in the registration or approval certificate.
2. Be responsible for the telecommunication equipment manufactured, sold or imported for domestic use by that supplier.
3. Must inform the NBTC of any modification which has effects on conformity with the technical standards or technical requirements prescribed by the Commission, thereby the modified telecommunication equipment shall be subject to conformity assessment again before manufacturing, selling or importing for domestic use. Such modification includes:
(3.1) Modification of antenna of a transmitter
(3.2) Modification of transmitting power or propagation characteristics
(3.3) Modification of existing interface card(s)
(3.4) Addition of new interface card(s)
4. Be responsible in the case where the NBTC discovers unauthorized modification of telecommunication equipment, or the telecommunication equipment manufactured, sold or imported have significant technical characteristics inconsistent with those being registered or certified.
5. Maybe held liable for any damage resulting from the use of unsafe products as provided for under other relevant laws.
6. Having a duty to provide written assurance of conformity with technical standards or technical requirements in order to demonstrate by publishing the wording in the user’s manual, package or providing supplementary documents contained in the product package. Such wording shall at least state the followings:
“This telecommunication equipment conforms to the technical standards no. …” or
“This telecommunication equipment conforms to the requirements of the National Telecommunications Commission.”
7. Having a duty to display the conformity mark on the telecommunication equipment as follows:
(7.1) Class A equipment
Where YYYYYY means registration number (6 digits)
ZZ means the year of registration (last 2 digits of the year)
XXXX means supplier code (4 digits)
(7.2) Class B equipment
Where AAAAAA means certification number (6 digits)
BB means the year of registration (last 2 digits of the year)
XXXX means supplier code (4 digits)
By displaying the mark legibly, visibly, and permanently on the telecommunication equipment. If the size of the equipment is unsuitable for the display, the supplier can display such the mark on materials used together with the equipment, such as package or user’s manual.
8. Having a duty to act upon the Commission’s stipulation in the case where certain category or type of telecommunication equipment is subject to the specific written assurance of conformity with technical standards or technical requirements.
9. During the initial period after this Notification came into force, the NBTC shall issue the conformity mark to the supplier in the meantime until the Commission grants an authorization for the supplier to issue the conformity mark of his own. The fee for the issuance of conformity mark by the NBTC shall be in accordance with the Regulations prescribed by the Commission.
IS THERE A POST-MARKET SURVEILLANCE MEASURE?
Yes, there is the post-market surveillance measure as stated in the notification of the NBTC:
1. The NBTC set post-market surveillance measure using one or a combination of the following schemes, which may differ depending on the category of the telecommunication equipment:
(1.1) Inspection of supplier’s relevant documents as proof of conformity of the telecommunication equipment with the technical standards or technical requirements;
(1.2) Monitoring of display of conformity marks and wording of telecommunication equipment at the point of sale;
(1.3) Sampling of the telecommunication equipment manufactured, sold or used, for verification of conformity with the technical standards or technical requirements;
(1.4) Handling complaints from consumers, users or other suppliers of the failure to conform to the technical standards or technical requirements.
2. Where it appears that the supplier violates or fails to comply with the criteria prescribed in this Notification, the Secretary-General will take the following actions as appropriate and suitable for the nature of the offense:
(2.1) Issuing a written warning;
(2.2) Making an order to correct, improve or suspend the manufacturer, sale or use of the telecommunication equipment that fails to conform with the technical standards or technical requirements;
(2.3) Making recommendation to the Commission to revoke the conformity assessment result;
(2.4) Imposing a fine or taking legal action against the offender.
1. In the case where it deems necessary and appropriate, the Commission may prescribe certain types of telecommunication equipment to comply with the criteria prescribed in this Notification at once.
2. In the case where there is any dispute with regard to the implementation of this Notification, the Secretary-General can propose the matter to the Commission for decision. The decision of the Commission is considered final.