Newest Information of Conformity Certification System for Specified Radio Equipment

Transcription

1 Newest Information of Conformity Certification System for Specified Radio Equipment March 4, 2015 Michiharu Ogasawara Certification Promotion Office, Radio Department, MIC

2 1 SUMMARY OF THE CONFORMITY CERTIFICATION SYSTEM 1

3 License Procedure for Radio Stations Any person who wishes to establish and operate a radio station in Japan shall obtain a radio station license. To obtain the license, it is required to comply with technical regulations in accordance with Chapter 3 of the Radio Law and the Ordinance Regulating Radio Equipment. The Certification of Specified Radio Equipment demonstrates whether or not the technical regulations are complied with and simplifies the licensing process. No-license etc. required Purpose: The fair and efficient utilization of radio waves. Interferenc e Unwanted Emission Application (ex. W-LAN, PHS terminal.) Acceptance Judgment Blanket license Pre-license Inspection Simplified Licensing Procedures: No-inspection (ex. Cell phone ) Issuance of license (ex. Cell phone base station, small scale transceiver) Beginning to operate the radio station Best communication Effect of Specified Radio Equipment which obtained Technical Regulations Conformity Certification, etc 2

4 Related Provisions Establishment of Radio Stations (Article 4 of the Radio Law) Any person who wishes to establish a radio station shall obtain a license from the Minister. However, this shall not apply to radio stations as specified by the applicable MIC ordinance (ex. W-LAN, PHS terminal.), and which exclusively use radio equipment with a conformity mark. Special Case of a License for a Specified Radio Station (Article 27-2 of the Radio Law) A person who wishes to establish two or more radio stations that are specified by the applicable MIC ordinance and that use only radio equipment with a conformity mark (hereinafter referred to as "specified radio station(s)"), may apply for a blanket license for these specified radio stations. Penal Provisions (Article 27-2 of the Radio Law) Any person who establishes a radio station without a license under the provisions of Article 4 shall be guilty of an offense and liable to imprisonment with work for a period not exceeding one year or to a fine not exceeding one million yen. 3

5 Certification System1 For interference prevention and efficient utilization, Registered certification body certifies specified radio equipment such as cellular telephones used in smallscale radio stations as conforming to technical regulations prescribed in the Radio Law. Certified specified radio equipment will be granted any one of following measure, 1will not require a license, 2blanket license, 3simplified licensing procedures. (1)Technical Regulations Conformity Certification(Article 38-6 of Radio Law) Those who obtained registration from the Minister of Internal Affairs and Communications (Registered Certification Bodies) perform testing and certification about whether specific radio equipment conforms with the technical regulations prescribed in the Radio Law for each equipment. Radio Equipment Examine their conformity with the technical requirements Manufacturer Application Certification Registered Certification Body Attach conformity Mark 4

6 Certification System2 (2) Certification of Construction Type (Article of Radio Law) A Registered Certification Body performs the certification about whether the construction type of specific radio equipment, including the quality control method in the stage of manufacture, conforms with the technical regulations. Testing is conducted on one sample unit for each type of mass-produced specified radio equipment. Construction Type Examine their conformity with the technical requirements Application Certification Manufacturer Registered Certification Body Manufacturer (Certified Dealer) manufacture Attach conformity Mark 5

7 Certification System3 (3)Self-confirmation of Technical Regulation Conformity (Article of the Radio Law) A manufacturer or an importer conducts verification and then the confirmation itself, only when it is deemed that the construction type of the special specified radio equipment conforms to the technical regulations and that any and all specified radio equipment based on said construction design is ensured to conform to said construction design. Any manufacturer or importer shall verify pursuant to the provisions of the applicable MIC ordinance, and shall then confirm pursuant to the provisions of the preceding paragraph only when the construction type of the special specified radio equipment conforms to the technical regulations prescribed in the preceding chapter and when it is determined that any of the special specified radio equipment based on such type is ensured to conform to such construction type. Examine their conformity with the technical requirements Notification of Self-Confirmation Manufacturer Report to MIC MIC A notification number to manufacturer Manufacturer Attach conformity Mark manufacture 6

8 Category of Specified Radio Equipment Specified Radio Equipment Category 1: License not required: 22 (Wireless LAN,Bluetooth, etc. ) Category 2: Blanket license: 37 (Cell phone, etc.) Category 3: Others : 97 (Base station for cell phone, etc.) As of March 1, 2015 Registered Certification Body (14 Bodies) Category 001 Telecom Engineering Center All of the Category 002 The Japan Amateur Radio Development Association Inc. Category DSP Research, Inc. All of the Category 005 TÜV Rheinland Japan Ltd. All of the Category 006 SGS RF Technologies All of the Category 007 UL Japan Co., Ltd. All of the Category 008 COSMOS CORPORATION All of the Category 010 e-ohtama, Ltd. All of the Category 011 TÜV SÜD ZACTA Ltd. All of the Category 012 Intertek Japan K.K. All of the Category 013 Japan Quality Assurance Organization Category Japan Radio Law Certification Laboratory Co., Ltd. All of the Category JAPAN ELECTRICAL SAFETY & ENVIRONMENT TECHNOLOGY 017 All of the Category LABORATORIES 018 Certificate Technical Support Center Co., Ltd. All of the Category 7

9 Extract of Radio Law1 Rules applicable to Registered Certification Body Radio Law Article Article 38-3 Article 38-4 Article 38-5 Article 38-6, Article 38-8 Content Registration of Registered Certification Bodies Criteria for Registration Renewal of Registration (every five year period) Public Notice, etc. of Registration Obligation, etc. Related to Certification. Article 38-7 Obligation, etc. Related to Mark. Article 38-9 Article to Article Article Article Article Article Article Appointment and Dismissal of Officers, etc. Preparation of Financial Statements, etc. and Access, etc. Order, etc. to Improve Business Activities for RCB Application Concerning Technical Regulations Conformity Certification and Order of the Minister On-Site Inspection, etc. of Registered Certification Bodies Suspension and Discontinuation of Service Revocation, etc. of Registration Application Mutatis Mutandis 8

10 Extract of Radio Law2 Rules applicable to Certified Dealers Radio Law Article Article Article Article Article Article Article Article Article Article Content On-site Inspection, etc. Submission of Specified Radio Equipment, etc. Order for Prevention of Disturbance, etc. Case Where Mark Is Deemed Not to Be Affixed Obligations, etc. to Conform to Construction Types Mark of Specified Radio Equipment Based on Certified Construction Type Order for Certified Dealers to Take Improvement Measures Prohibiting from Affixing the Mark Application Mutatis Mutandis Foreign Dealers Rules applicable to user of radio equipment Radio Law Content Article 4 Article 71-5 Establishment of Radio Stations Order for conformation to technical requirements 9

11 2 MUTUAL RECOGNITION AGREEMENT (MRA) 10

12 Mutual Recognition Agreement (MRA) MRA(Mutual Recognition Agreement) Countries shall accept mutually the results of conformity assessment procedures for telecommunications equipment. Japan concluded, Japan- EC MRA(enacted in Jan. 2002), Japan-Singapore MRA (enacted in Nov. 2002) and Japan-US MRA(enacted in Jan.2008) Before Implementation of the MRA After Implementation of the MRA Japan Foreign Country Japan Foreign Country Apply directly to foreign conformity assessment bodies CAB CAB Certification valid a foreign country can be obtained in Japan Shorter time, cost reduction 1Application 2Conformity Assessment 1Application 2Conformity Assessment Assess overseas standards in Japan Suppliers Foreign Market Suppliers Foreign Market 3Export 3Export 11

13 Benefits of MRA Ex.) Emergence of Cell Phone Terminals and Wireless LAN Usable Overseas Certification Mark for Europe Certification Mark for Japan Certification Mark for the U.S. Wireless LAN Before Implementation of MRA Need for assessment in each country After Implementation of MRA Certifications of each country obtained in Japan Products for Europe Inspected in Europe Products for Japan Inspected in Japan Products for U.S. Inspected in U.S. For Europe For Japan For U.S. Batch certified all together in Japan Certification costs and time Increase as the number of countries for export increases All certification to foreign countries can be done at one-stop by Japanese RCBs. 12

14 Status of MRA 1 1.Japan-EC MRA Started in April Effective since January Counterpart :Member states of the EU (15 countries 28 countries) Scope :Telecommunications Terminal Equipment and Radio Equipment, electrical products, chemicals, medicinal Products Related laws :R&TTE Directive, low voltage directive 2.Japan-Singapore MRA Started in January Effective since November This MRA is a part of The Japan-Singapore Economic Partnership Agreement Scope: Telecommunications Terminal Equipment and Radio Equipment, Electrical Products Related laws : Info-communications Development Authority of Singapore Act, Telecommunications Act, Guide for Approval of Telecommunication Equipment 3.Japan-USA MRA Started in February Effective since January Scope :Telecommunications Terminal Equipment and Radio Equipment Related laws :FCC Rule 13

15 Status of MRA 2 認証機関の現状 Registered Foreign Certification Body:12 bodies Designated Conformity Assessment Body:2 bodies Registered Foreign Certification Body 201 TELEFICATION B.V. Nederland 202 CETECOM ICT Services GmbH Germany 203 BABT Germany 204 Phoenix TESTLAB GmbH Germany 205 TRaC Telecoms & Radio Ltd UK 206 EMCCert Dr. Rasek GmbH Germany 207 BV LCIE France 208 Siemic,Inc USA 209 ACB,Inc. USA 210 MiCOM Labs USA 211 BACL USA 212 UL Verification Services Inc USA Designated Conformity Assessment Body Telecom Engineering Center (TELEC) UL Japan Co., Ltd. Neither Singapore or Japan owns registered foreign certification bodies EU EU, USA Locate Scope of Designation 14

16 Extract of MRA Act Special Provisions of the Radio Law in MRA Act Act for Implementation of the Mutual Recognition between Japan and Foreign States in Relation to Results of Conformity Assessment Procedures of Specified Equipment Article content Article 33, paragraph (1) Article 33, paragraph (2) Article 34 When a registered foreign certification body issues a technical standards conformity certification, following Articles of the Radio Law shall be applied. Article 38-7(Obligation, etc. Related to Mark ) Article 38-20(On-site Inspection, etc.) Article 38-21(Submission of Specified Radio Equipment) Article 38-22(Order for Prevention of Disturbance, etc. ) Article 38-23(Case Where Mark Is Deemed Not to Be Affixed ) Article 38-30(Foreign Dealers ) When a registered foreign certification body issues a certification of construction type, following Articles of the Radio Law shall be applied. Article 38-25(Obligations, etc. to Conform to Construction Types ) Article 38-26(Mark of Specified Radio Equipment ) Article 38-27(Order for Certified Dealers to Take Improvement Measures) Article 38-28(Prohibiting from Affixing the Mark ) Article 38-29(Application Mutatis Mutandis ) Article 38-30(Foreign Dealers ) Other necessary technical replacement 15

17 (Reference) Change of the number of Certification of Construction Type 1 Fy2003 Fy2004 Fy2005 Fy2006 Fy2007 Fy2008 Fy2009 Fy2010 Fy2011 Fy2012 Fy2013 EU Japan ,056 1,289 1,920 USA Japan MRA usage Subtotal ,184 1,556 2,096 Japan EU Japan USA Subtotal RCB 2,638 2,884 2,968 3,495 4,031 4,652 4,320 5,450 7,264 11,293 9,550 Total 2,759 3,083 3,283 3,928 4,524 5,279 5,058 6,237 8,448 12,849 11,646 Fiscal year begins April 1 and ends March 31st. 16

18 (Reference) Change of the number of Certification of Construction Type 2 The number of certification MRA usage (Overseas Japan) RCB in Japan 0 The number of certification based on MRA Fy2003 Fy2004 Fy2005 Fy2006 Fy2007 Fy2008 Fy2009 Fy2010 Fy2011 Fy2012 Fy EU Japan USA Japan Japan EU Japan USA 17

19 3 RECENTLY INTRODUCED TECHNICAL REGULATIONS FOR RADIO STATIONS 18

20 Recently Introduced Technical Regulations for Radio Stations1 To sophisticate the Inmarsat BGAN and the Inmarsat D : Category 2 (Come into force on May 2014 ) To advance low power security system and introduce MEdical Data Service(MEDS) as a part of Medical Implant Communications Service(MICS) : Category 1 (Come into force on August 2014 ) To introduce narrow occupied bandwidth system in the 80GHz-band high-speed wireless transmission system: Category 3 (Come into force on August 2014 ) To introduce 3.5GHz LTE-Advanced : Category 2 (Come into force on September 2014 ) 19

21 Recently Introduced Technical Regulations for Radio Stations2 To advance Broadband Wireless Access : Category 2 ( Come into force on September 2014 ) To include base station in scope of blanket license : Category 2 ( Come into force on October 2014 ) To introduce 4-FSK modulation in the 260MHz-band Narrowband digital system : Category 3 ( Come into force on November 2014 ) To introduce 4-FSK modulation and QPSK modulation in the Fixed station for the municipal digital disaster prevention service in the 60MHz band : Category 3 ( Come into force on February 2015 ) 20

22 4 POST ACTION AND PENALTY FOR VIOLATION 21

23 Market Surveillance of Radio Equipment 1.The surveillance start year: Scope of the survey : Specified radio equipment, 156 kinds 3.Number of samples: More than Method of the investigation :MIC outsource testing to a private company. 5.Item of the investigation: (1) Characteristics Examination (2) Conformity Mark 22

24 Example of Action for violation 1. Hearing to a Registered Certification Body 2. Hearing to a Certified Dealer 3. Administrative guidance to a Certified Dealer (ex)voluntary recall non-compliant equipment 4.Administrative measures based on Radio Law Future Policies Continual action for violation Enhancement of Market Surveillance Enhancement of Post Action 23

25 Post Action for Certification System Denial Certified Dealer A person who performed Self-Confirmation(notifying supplier) A person who obtained Technical Regulations Conformity Certification Non Conformity to the Technical Regulations, and the Occurrence of Interference and Other Disturbance Order for Prevention of Disturbance Article Violation of Order Report On-Site Inspection Order for Submission Specified radio equipment shall be deemed not to be affixed with the mark Article Non Conformity to Technical Regulations by revise of the Regulations Violation of Obligations to Conform to Construction Types Article Order for Improvement Measure Violation of Order Violation of Obligations to Inspect Specified Radio Equipment and Maintain the Inspection Records Prohibition of Affixing Mark Penal Provisions Article Violation of Prohibition The Construction Type Certification by Unlawful Means /Self-Confirmation of Technical Regulations Conformity by False Notification Registered Certificatio n Body Violation of Obligations Order for Improvement Revocation of Registration Article Violation of Order Where the technical regulations are revised, and when the construction type does not conform to the revised technical regulations, the Minister may prohibit a certified dealer from affixing the mark to the specified radio equipment. In addition, the Minister may prohibit a foreign dealer from affixing the mark to specified radio equipment at following cases: -When a report is not submitted or a false report is submitted, where the Minister requests foreign dealer to report pursuant to the Radio Law. -Where the Minister delegates ministerial staff to inspect the place of business of the foreign dealer pursuant to the Radio Law, when the foreign dealer refuses, hinders, or evades the inspection. Penal provisions are applied to any person who affixs a misleadingly similar mark to radio equipment, or who violate a obligation that remove the mark. Refer to 24

26 Obligations of Certified Dealer Obligations, etc. to Conform to Construction Types (Paragraph 1, Article of Radio Law) A person who has received construction type certification (hereinafter referred to as a "certified dealer") from a registered certification body shall, when dealing in specified radio equipment based on the construction type pertaining to said construction type certification (hereinafter referred to as "certified construction type") ensure that said specified radio equipment conforms to said certified construction type. Obligation to prepare and maintain the inspection records ( Paragraph 2, Article of Radio Law ) A certified dealer shall inspect specified radio equipment that it deals in under the preceding paragraph, in accordance with the method for verification pertaining to the construction type certification, and prepare and maintain the inspection records pursuant to the provisions of the applicable MIC ordinance. Article 19 of Ordinance concerning Technical Regulations Conformity Certification etc. of Specified Radio Equipment The inspection records mentioned in the following must be retained for ten years from the date of the inspection. 1 The number of construction type certification for which the inspection was conducted 2 The date and location of the inspection 3 The name of the person who was in charge of conducting the inspection 4 The quantity of the Specified Radio Equipment for which the inspection was conducted 5 The method of the inspection 6 Results of the inspection 25

27 On-site Inspection, etc. to Certified Dealer On-site Inspection (Article 38-20, paragraph (1) which will be Applied Mutatis Mutandis Pursuant to Article of Radio Law) The Minister may, when deemed necessary to enforce of this Act, order the certified dealer to report on the specified radio equipment, or delegate the ministerial staff to enter the place of business of the certified dealer and check said specified radio equipment and other articles. Submission of Specified Radio Equipment(Article which will be Applied Mutatis Mutandis Pursuant to Article of Radio Law ) When the Minister has ordered the delegated ministerial staff to conduct on-site inspection pursuant to the provisions of paragraph (1) of the preceding article, and where there is specified radio equipment on-site inspection of which is determined extremely difficult or where particular articles are necessary for inspecting such specified radio equipment, the Minister may order the certified dealer to submit said specified radio equipment or said articles within a period specified by the Minister. In the case of violation of order, the certified dealer may be sentenced to the fine that is less than 300, 000 yen. Order for Prevention of Disturbance(Article which will be Applied Mutatis Mutandis Pursuant to Article of Radio Law ) Where the Minister determines that specified radio equipment given a Certification of Construction Type and affixed with the mark under Article 38-7 paragraph (1) does not conform to the technical regulations and that the use of said specified radio equipment is likely to induce interference and other disturbance that will impair other radio stations' operation or cause harm to human bodies, the Minister may, when deemed particularly necessary to prevent said disturbance or harm from expanding, order the certified dealer to take measures necessary for preventing disturbance or harm caused by the specified radio equipment. In the case of violation of order, the certified dealer may be sentenced to the fine that is less than 1,000, 000 yen. Where any representative of a juridical person, etc. violates the order, juridical person also shall be 26 punished with the fine not exceeding one hundred million yen.

28 Case of Mislabeling Case1 J XXX-YYYYYY Case2 J is wrong. The alphabet showing that it is the certification of radio equipment is R. R XXX-YYYYYY It is necessary to surround R with a square 27

29 Conformity Mark Size is 3 mm or more in diameter. R XXX-YYYYYY R is necessary. If certification of radio equipment. *If certification of terminal equipment, T (Reference) Conformity Mark is specified by form No.7 and No.14 of Ordinance concerning Technical Regulations Conformity Certification etc. of Specified Radio Equipment (Ordinance of the Ministry of Posts and Telecommunications No.37 of 1981). Certification number Case of Technical Regulations Conformity Certification ex. 123XXX Case of Certification of Construction Type ex. 001-XXXXXX Case of Self-confirmation of Technical Regulation Conformity ex AB03 28