Sec.  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