§  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
   Guide 65.

   (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
   inoperative.

   (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
   evaluation.

   (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
   tests.

   (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
   Terminal Attachments.

   (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
   certified.

   (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