Goto Section: 68.160 | 68.201 | Table of Contents
Revised as of October 1, 2011
Goto Year:2010 |
§ 68.162 Requirements for Telecommunication Certification Bodies.
(a) Telecommunication certification bodies (TCBs) designated by the
Commission, or designated by another authority pursuant to an effective
mutual recognition agreement or arrangement to which the United States
is a party, shall comply with the following requirements.
(b) Certification methodology. (1) The certification system shall be
based on type testing as identified in sub-clause 1.2(a) of ISO/IEC
(2) Certification shall normally be based on testing no more than one
unmodified representative sample of each product type for which
certification is sought. Additional samples may be requested if clearly
warranted, such as when certain tests are likely to render a sample
(c) Criteria for designation. (1) To be designated as a TCB under this
section, an entity shall, by means of accreditation, meet all the
appropriate specifications in ISO/IEC Guide 65 for the scope of
equipment it will certify. The accreditation shall specify the group of
equipment to be certified and the applicable regulations for product
(2) The TCB shall demonstrate expert knowledge of the regulations for
each product with respect to which the body seeks designation. Such
expertise shall include familiarity with all applicable technical
regulations, administrative provisions or requirements, as well as the
policies and procedures used in the application thereof.
(3) The TCB shall have the technical expertise and capability to test
the equipment it will certify and shall also be accredited in
accordance with ISO/IEC Guide 25 to demonstrate it is competent to
perform such tests.
(4) The TCB shall demonstrate an ability to recognize situations where
interpretations of the regulations or test procedures may be necessary.
The appropriate key certification and laboratory personnel shall
demonstrate a knowledge of how to obtain current and correct technical
regulation interpretations. The competence of the telecommunication
certification body shall be demonstrated by assessment. The general
competence, efficiency, experience, familiarity with technical
regulations and products included in those technical regulations, as
well as compliance with applicable parts of the ISO/IEC Guides 25 and
65, shall be taken into consideration.
(5) A TCB shall participate in any consultative activities, identified
by the Commission or NIST, to facilitate a common understanding and
interpretation of applicable regulations.
(6) The Commission will provide public notice of specific elements of
these qualification criteria that will be used to accredit TCBs.
(d) Sub-contractors. (1) In accordance with the provisions of
sub-clause 4.4 of ISO/IEC Guide 65, the testing of a product, or a
portion thereof, may be performed by a sub-contractor of a designated
TCB, provided the laboratory has been assessed by the TCB as competent
and in compliance with the applicable provisions of ISO/IEC Guide 65
and other relevant standards and guides.
(2) When a subcontractor is used, the TCB shall be responsible for the
test results and shall maintain appropriate oversight of the
subcontractor to ensure reliability of the test results. Such oversight
shall include periodic audits of products that have been tested.
(e) Designation of TCBs. (1) The Commission will designate as a TCB any
organization that meets the qualification criteria and is accredited by
NIST or its recognized accreditor.
(2) The Commission will withdraw the designation of a TCB if the TCB's
accreditation by NIST or its recognized accreditor is withdrawn, if the
Commission determines there is just cause for withdrawing the
designation, or if the TCB requests that it no longer hold the
designation. The Commission will provide a TCB with 30 days notice of
its intention to withdraw the designation and provide the TCB with an
opportunity to respond.
(3) A list of designated TCBs will be published by the Commission.
(f) Scope of responsibility. (1) TCBs shall certify equipment in
accordance with the Commission's rules and policies.
(2) A TCB shall accept test data from any source, subject to the
requirements in ISO/IEC Guide 65, and shall not unnecessarily repeat
(3) TCBs may establish and assess fees for processing certification
applications and other tasks as required by the Commission.
(4) A TCB may rescind a grant of certification within 30 days of grant
for administrative errors. After that time, a grant can only be revoked
by the Commission. A TCB shall notify both the applicant and the
Commission when a grant is rescinded.
(5) A TCB may not:
(i) Grant a waiver of Commission rules or technical criteria published
by the Administrative Council, or certify equipment for which
Commission rules or requirements, or technical criteria do not exist,
or for which the application of the rules or requirements, or technical
criteria is unclear.
(ii) Take enforcement actions.
(6) All TCB actions are subject to Commission review.
(g) Post-certification requirements. (1) A Telecommunications
Certification Body shall supply a copy of each approved application
form and grant of certification to the Administrative Council for
(2) In accordance with ISO/IEC Guide 65, a TCB is required to conduct
appropriate surveillance activities. These activities shall be based on
type testing a few samples of the total number of product types which
the certification body has certified. Other types of surveillance
activities of a product that has been certified are permitted, provided
they are no more onerous than testing type. The Commission may at any
time request a list of products certified by the certification body and
may request and receive copies of product evaluation reports. The
Commission may also request that a TCB perform post-market
surveillance, under Commission guidelines, of a specific product it has
(3) If during post market surveillance of a certified product, a
certification body determines that a product fails to comply with the
applicable technical regulations, the certification body shall
immediately notify the grantee and the Commission. A follow-up report
shall also be provided within thirty days of the action taken by the
grantee to correct the situation.
(4) Where concerns arise, the TCB shall provide a copy of the
application file to the Commission within 30 calendar days of a request
for the file made by the Commission to the TCB and the manufacturer.
Where appropriate, the file should be accompanied by a request for
confidentiality for any material that may qualify for confidential
treatment under the Commission's Rules. If the application file is not
provided within 30 calendar days, a statement shall be provided to the
Commission as to why it cannot be provided.
(h) In case of a dispute with respect to designation or recognition of
a TCB and the testing or certification of products by a TCB, the
Commission will be the final arbiter. Manufacturers and designated TCBs
will be afforded at least 30 days to comment before a decision is
reached. In the case of a TCB designated or recognized, or a product
certified pursuant to an effective bilateral or multilateral mutual
recognition agreement or arrangement (MRA) to which the United States
is a party, the Commission may limit or withdraw its recognition of a
TCB designated by an MRA party and revoke the certification of products
using testing or certification provided by such a TCB. The Commission
shall consult with the Office of the United States Trade Representative
(USTR), as necessary, concerning any disputes arising under an MRA for
compliance with under the Telecommunications Trade Act of 1988 (Section
1371-1382 of the Omnibus Trade and Competitiveness Act of 1988).
[ 64 FR 4998 , Feb. 2, 1999, as amended at 66 FR 27601 , May 18, 2001; 67 FR 57182 , Sept. 9, 2002]
Subpart C--Terminal Equipment Approval Procedures
Goto Section: 68.160 | 68.201
Goto Year: 2010 |
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