Ict Certification and Type Approval Rules 2015

ICT CERTIFICATION AND TYPE APPROVAL RULES 2015

(DRAFT)

Bhutan InfoComm and Media Authority

Royal Government of Bhutan

1.  CHAPTER ONE: PRELIMINARY

1.1.  Legal Basis

The Type Approval Rules is issued by the Bhutan InfoComm and Media Authority (the “Authority”) in accordance with Sections 68 of the Bhutan Information, Communications and Media Act of 2006 (the “Act”) that authorize the Authority to establish or adopt appropriate standards for ICT apparatus including Radiocommunications apparatus to be connected to any national ICT facilities within the Kingdom of Bhutan.

1.2.  Title and Commencement

These Rules shall be cited as the Type Approval Rules 2015 and shall come into force from the …………. Day of ………….month of the year 2015 coinciding with …..day of…. ….month of …… of the Bhutanese calendar.

1.3.  Scope of Application

These Rules shall apply to:

(1)  Parties that import for use or sale, sell or hire out any ICT apparatus including Radio communications apparatus within the Kingdom of Bhutan; or

(2)  Any foreign parties that intend to sale ICT apparatus in Bhutan.

1.4.  Amendments

These Rules are subject to amendment and changes when required. Such amendment and changes shall be made in accordance with the needs and changes in national priorities, Government policies and industry trends. Amendment of these Rules by way of addition, variation or repeal may be effected by the Authority as and when required, after two thirds majority votes of the Members.

1.5.  Interpretation

The power to interpret these Rules shall vest with the Authority who may issue such instructions as may be necessary to give effect to and implement the provisions of these Rules.

1.6.  Rules of Construction

In these Rules, unless the context indicates otherwise, the masculine gender shall include the feminine gender and the singular shall include the plural.

1.7.  Terms and definitions

For the purpose of this set of rules, the terms used in this part have the following meanings:

(1)  “Act” means Bhutan Information, Communications and Media Act 2006;

(2)  “Certificate Holder” means a dealer who has been certified by the Authority to deal in ICT equipment.

(3)  “Declaration of Conformity” means a declaration, meeting the requirements identified in these Rules that an Equipment Type complies with applicable Type Approval Standards;

(4)  “Equipment Holder” means a provider of communications services or a supplier of communications equipment;

(5)  “Equipment Type” means a type of communications equipment specified in terms of its manufacturing brand name, trade name, model number, version number and function;

(6)  “ Parties” means any individual or group of individuals or companies;

(7)  “Person” means any individual, partnership, company, unincorporated organization, Government, Governmental agency, trustee, executor, administrator or other legal representative.

(8)  “Type Approval” means an authorization by the Authority to use or supply an Equipment Type;

(9)  “Radio and Telecommunications Terminal Equipment (RTTE)” covers all telecommunications terminal equipment which connects directly to a public telecommunications network and all intentional emitters of electromagnetic radiation (Radio waves).

(10)  “Type Approval Standards” (“Standards”) means any standards published by the Authority pursuant to Section 27 of the Act.

1  CHAPTER TWO : OBJECTIVE

1.1 The objectives of these Rules are to:

(1)  Ensure that the ICT apparatus are interoperable and can be interconnected with any communications networks;

(2)  Ensure that the ICT apparatus do not cause any damage to the public telecommunications network and public health;

(3)  Ensure that the ICT apparatus do not generate electromagnetic disturbance exceeding the prescribed internationally accepted level;

(4)  Promote and assure the quality of ICT equipments ;

(5)  Define processes for the Type Approval of communications equipment; and

(6)  Identify applicable technical standards, including those promulgated by International standard organization and Regional standards organization.

2  CHAPTER THREE : STANDARDS AND LIST OF APPROVED EQUIPMENT

2.1  The Authority shall maintain and publish the Standards which are recognized for Type Approval process.

2.2  The Authority shall maintain and publish list of test laboratories that are recognized by the Authority for Declaration of Conformity. The list of test laboratories shall include, but may not be limited to, those accredited by international accreditation mechanisms, including under the International Laboratory Accreditation Cooperation Mutual Recognition Agreement.

3  CHAPTER FOUR: MODIFICATIONS TO THE STANDARDS

3.1  The Authority may from time to time review and modify these Rules and the Type Approval Standards pursuant to the review processes determined based on the advice and recommendation from external advisory groups. However, the Authority shall not be bound by any such advice unless it is valid and in accordance with the provision of the Act.

3.2  The Authority may from time to time issue additional requirements or directions on any aspect of these Rules; either on the general application or specific to an Equipment Type or Equipment Holder.

4  CHAPTER FIVE: CERTIFICATE FOR SALE OF ICT APPARATUS IN BHUTAN

4.1  Purpose

(1)  Any person or company who intends to manufacture, import for sale, sell or hire out any ICT equipment in Bhutan shall be required to obtain the certificate from the Authority before he/she starts business.

(2)  Only the Certificate Holders can manufacture, import, sell or hire out ICT equipment and also participate in national tenders related to ICT equipment within Bhutan.

4.2  Obligations of the Certificate Holders

4.2.1  The Certificate Holder shall use or supply ICT apparatus in Bhutan only if:

(1)  The Authority has approved the Equipment Type for that equipment; or

(2)  The Equipment Type is exempted from Type Approval pursuant to these Rules under Chapter 8.

4.2.2  If required, every Certificate Holder is required to submit all supporting documentation related to that particular ICT apparatus to the Authority that have been used or sold in the last five (5) years.

4.2.3  Every Certificate Holder shall ensure that each item of ICT apparatus sold after obtaining Type Approval from the Authority shall carry label in one or more of the following places :

(1)  On the equipment itself; or

(2)  On cover of the ICT apparatus package; or

(3)  In the accompanying documentation.

4.2.4  A Certificate Dealer shall not:

(1)  furnish any false or misleading information to the Authority for the purpose of obtaining the approval or;

(2)  falsify or fabricate any decision that the Authority may make upon the application;

Where any person contravenes the above provisions, the approval granted to that person shall be revoked with immediate effect.

4.2.5 The Certificate Holder should dispose of the ICT equipment in any manner which the Authority thinks appropriate at its own expense, if it

(1)  imports any ICT equipment for sale without the approval of the Authority; or

(2)  manufactures, sells, or hire out any ICT equipment which does not meet the standards or specifications published by the Authority from time to time.

4.2.6 A Certificate Holder shall not have in his/her possession for sale or use any device or equipment which:

(1)  is capable of monitoring, scanning or intercepting the transmission of information or communication signal; or

(2)  can be used to alter, delete or remove the ESN (Electronic Serial Number), MIN (Mobile Identification Number), IMSI (International Mobile Subscriber Identity) or PIN (Personal Identification Number) number of any registered ICT equipment or to insert or duplicate the ESN, MIN, IMSI or PIN of any registered ICT equipment in any unregistered ICT equipment.

4.2.7  The Certificate Holder shall :

(1)  Provide after-sale service including free service within the warranty period;

(2)  configure and calibration of the equipment including tuning of the frequency;

(3)  collect spoiled equipments and re-import to the manufacturers or its authorized agent for recycling as per the Waste Prevention and Management Regulation 2012; and

(4)  Train equipment users, as and when required.

4.2.8  The Certificate Holder should possess:

(1)  Programming toolkits for certified equipments;

(2)  At least one trained and certified technician capable of programming, configuring and installing certified equipments;

(3)  Well-equipped workshop for providing after-sale services including repair, re-configure and re-installing of software and hardware; and

(4)  Copy of the dealership or distributor agreement with a manufacturer or its principle authorized agent.

4.2.9  The Certificate Holder shall:

(1)  maintain the list of equipment sold as well as frequency configured as per the assigned frequency by the Authority. The list may only be submitted to the Authority as and when requested ;

(2)  ensure that any ICT equipment in his/her possession is not used for any unlawful purpose;

(3)  not conduct any test of radio transmission without the prior approval of the Authority; and

(4)  permit authorized official, upon production of proof of identity, to enter any land, building or premises owned or occupied by the certified dealer, to inspect and examine any ICT equipment which is kept or stored for sale in Bhutan.

4.3  Eligibility and requirement for obtaining Certificate

4.3.1  A person who is:

(1)  a citizen of Bhutan or;

(2)  a company registered within Bhutan and ;

(3)  capable of rendering services necessary for his/her customers including, but not limited to, delivery, installation, maintenance and consultancy of the ICT equipment which he/she deals with;

Can apply for certificate to the Authority in the format prescribed in Annex ……

4.3.2  To obtain certificate, the applicant shall submit:

(1)  Declaration of Compliance along with equipment test certificate performed from any internationally accredited test laboratories included in the list maintained and published by the Authority pursuant to Chapter 3, subsection 3.2.

(2)  An original ink-signed copy of the dealership or distributor agreement with a manufacturer or its authorized agent.

(3)  Business profile which includes;

(i)  Starting date of the business;

(ii)  Size of the capital; and

(iii) Turnover of last three years

4.3.3  The applicant shall also have established “After-sale Service Center” including workshop with trained and certified personals capable of appropriate advice and necessary maintenance support, including calibration, fine tuning service and spare parts supply, to its customers.

5  CHAPTER SIX: TYPE APPROVAL CERTIFICATION

5.3  Purpose

(1)  The Type approval certification is meant for international applicants who intend to export their ICT equipments for sale in Bhutan.

5.4  Process of obtaining Type Approval

5.4.1  To obtain the Type Approval Certificate, an Equipment Holder shall submit the application as per the prescribed form (ANNEX ...). along with:

(1)  the proof of payment as prescribed in Schedule I of these Rules.

(2)  the Declaration of Conformity issued by the manufacturer of the RTTE.

(3)  Technical/operational documentation of the RTTE including a brief explanation describing how the RTTE is intended to be used and any information related to the installation.

(4)  test report/ certificate issued by any internationally accredited test laboratories recognized by the Authority demonstrating that the RTTE complies with the standard adopted by Bhutan with respect to:

(i)  Effective use of radio frequency spectrum for radio communication equipment;

(ii)  Interconnection with the National Telecommunications Network ( in case the equipment is to be interconnected to National Telecommunications Network);

(iii) The protection of the health and the safety of the user; and

(iv) Electromagnetic Compatibility.

5.4.2  Besides if required, the Authority may also seek additional information including any other supporting documentation.

5.5  Processing time

5.5.1  After obtaining all required documents, the Authority shall conduct verification on the test certificate and other documents if it deems necessary.

5.5.2  The Authority shall communicate its decision to the applicant within two weeks of receiving the application.

6  CHAPTER SEVEN: REVOKING OF CERTIFICATE AND TYPE APPROVAL

6.3  The Authority shall revoke ICT Certificate or the Type Approval if there is significant evidence that the Equipment Type:

(1)  Does not comply with the applicable Type Approval Standards;

(2)  Interferes with the operation of any licensed communications network;

(3)  Constitutes a public hazard; or

(4)  Any information submitted to the Authority is found to be counterfeit or false.

6.4  The Authority shall publish a notice to inform Equipment Holders about the revocation of a Type Approval or the annulment of an exemption from Type Approval.

7  CHAPTER EIGHT: EXEMPTIONS FROM CERTIFICATION AND TYPE APPROVAL

7.3  Any ICT apparatus shall be exempted from Certification or Type Approval if, the equipment:

(1)  Complies with the Type Approval Standards applicable to the approved Equipment Type, according to valid test documentation that the Equipment Holder can supply to the Authority on request;

(2)  Has the same manufacturing brand name, product name, model number and function as the approved Equipment Type;

(3)  Uses no radio frequencies besides those used by the approved Equipment Type; and

(4)  Requires no kinds of physical network interface besides those required by the approved Equipment Type.

(5)  Was installed in or otherwise connected to a communications network in the Kingdom of Bhutan at least six (6) months before the commencement date of these Rules

(6)  Does not interfere with the operation of that or any other communications network; and

(7)  Does not constitute any public hazard.

8  CHAPTER NINE: INSPECTION BY THE AUTHORITY

8.3  The Authority may at any time request tests on ICT apparatus or request the submission of test and other supporting documentation assembled by an Equipment Holder under these Rules.

8.4  If the test results obtained under Chapter Six of these Rules are unsatisfactory or inconclusive and if the Authority requires a further test , such tests should be performed by the Equipment Holder at its own cost.

8.5  The Authority may inspect the use of communications equipment by an Equipment Holder pursuant to Sections 87 & 88 of the Act.

9  CHAPTER TEN:FEES

9.3  The Authority shall from time to time determine and publish the schedule of fees for Type Approvals.

9.4  In determining the schedule of fees for Type Approvals, the Authority shall consider some or all of:

(1)  the administrative and operational expenses occurred in processing the requests for Type Approval and, maintaining and implementing the Standards; and

(2)  if any other expenses incurred while processing for Type Approval.

9.5  All fees shall be non-refundable.

10  CHAPTER ELEVEN – CONTRAVENTION AND ENFORCEMENT