§ 2.962   Requirements for Telecommunication Certification Bodies.

   (a) Telecommunication certification bodies (TCBs) designated by NIST, or
   designated by another authority pursuant to an bilateral or multilateral
   mutual recognition agreement or arrangement to which the United States is a
   party, shall comply with the requirements of this section.

   (b) Certification methodology. (1) The certification system shall be based
   on type testing as identified in ISO/IEC 17065 (incorporated by reference,
   see § 2.910).

   (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 17065 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 17025 (incorporated by reference, see § 2.910) 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
   knowledge  of  how  to obtain current and correct technical regulation
   interpretations.  The  competence  of the TCB shall be demonstrated by
   assessment. The general competence, efficiency, experience, familiarity with
   technical regulations and products covered by those technical regulations,
   as well as compliance with applicable parts of ISO/IEC 17025 and ISO/IEC
   17065 shall be taken into consideration during assessment.

   (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 the specific methods that
   will be used to accredit TCBs, consistent with these qualification criteria.

   (7) A TCB shall be reassessed for continued accreditation on intervals not
   exceeding two years.

   (d) External resources. (1) In accordance with the provisions of ISO/IEC
   17065 the evaluation of a product, or a portion thereof, may be performed by
   bodies that meet the applicable requirements of ISO/IEC 17025 in accordance
   with the applicable provisions of ISO/IEC 17065 for external resources
   (outsourcing) and other relevant standards. Evaluation is the selection of
   applicable requirements and the determination that those requirements are
   met. Evaluation may be performed using internal TCB resources or external
   (outsourced) resources.

   (2) A TCB shall not outsource review and certification decision activities.

   (3) When external resources are used to provide the evaluation function,
   including the testing of equipment subject to certification, the TCB shall
   be responsible for the evaluation and shall maintain appropriate oversight
   of the external resources used to ensure reliability of the evaluation. Such
   oversight shall include periodic audits of products that have been tested
   and other activities as required in ISO/IEC 17065 when a certification body
   uses external resources for evaluation.

   (e) Recognition of a TCB. (1)(i) The Commission will recognize as a TCB any
   organization in the United States that meets the qualification criteria and
   is accredited and designated by NIST or NIST's recognized accreditor as
   provided in § 2.960(b).

   (ii) The Commission will recognize as a TCB any organization outside the
   United  States that meets the qualification criteria and is designated
   pursuant to an bilateral or multilateral MRA as provided in § 2.960(c).

   (2) The Commission will withdraw its recognition of a TCB if the TCB's
   designation or accreditation is withdrawn, if the Commission determines
   there is just cause for withdrawing the recognition, or if the TCB requests
   that it no longer hold its designation or recognition. The Commission will
   limit  the  scope  of  equipment that can be certified by a TCB if its
   accreditor  limits the scope of its accreditation or if the Commission
   determines there is good cause to do so. The Commission will notify a TCB in
   writing  of  its intention to withdraw or limit the scope of the TCB's
   recognition and provide at least 60 days for the TCB to respond. In the case
   of a TCB designated and recognized pursuant to an bilateral or multilateral
   mutual recognition agreement or arrangement (MRA), 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
   the Telecommunications Trade Act of 1988 (Section 1371-1382 of the Omnibus
   Trade and Competitiveness Act of 1988).

   (3) The Commission will notify a TCB in writing when it has concerns or
   evidence that the TCB is not certifying equipment in accordance with the
   Commission's rules and policies and request that it explain and correct any
   apparent deficiencies. The Commission may require that all applications for
   the TCB be processed under the pre-approval guidance procedure in § 2.964 for
   at least 30 days, and will provide a TCB with 30 days' notice of its intent
   to  do  so  unless good cause exists for providing shorter notice. The
   Commission may request that a TCB's Designating Authority or accreditation
   body investigate and take appropriate corrective actions as required, and
   the Commission may initiate action to limit or withdraw the recognition of
   the TCB as described in § 2.962(e)(2).

   (4) If the Commission withdraws its recognition of a TCB, all certifications
   issued  by that TCB will remain valid unless specifically set aside or
   revoked by the Commission under paragraph (f)(5) of this section.

   (5) A list of recognized TCBs will be published by the Commission.

   (f) Scope of responsibility. (1) A TCB shall certify equipment in accordance
   with the Commission's rules and policies.

   (2) A TCB shall accept test data from any Commission-recognized accredited
   test laboratory, subject to the requirements in ISO/IEC 17065 and shall not
   unnecessarily repeat tests.

   (3)  A  TCB may establish and assess fees for processing certification
   applications and other Commission-required tasks.

   (4) A TCB may only act on applications that it has received or which it has
   issued a grant of certification.

   (5) A TCB shall dismiss an application which is not in accordance with the
   provisions of this subpart or when the applicant requests dismissal, and may
   dismiss  an  application  if  the applicant does not submit additional
   information or test samples requested by the TCB.

   (6) Within 30 days of the date of grant of certification the Commission or
   TCB issuing the grant may set aside a grant of certification that does not
   comply with the requirements or upon the request of the applicant. A TCB
   shall notify the applicant and the Commission when a grant is set aside.
   After 30 days, the Commission may revoke a grant of certification through
   the procedures in § 2.939.

   (7) A TCB shall follow the procedures in § 2.964 of this part for equipment
   on the pre-approval guidance list.

   (8) A TCB shall supply an electronic copy of each certification application
   and all necessary exhibits to the Commission prior to grant or dismissal of
   the application. Where appropriate, the application must be accompanied by a
   request  for  confidentiality  of  any  material  that may qualify for
   confidential treatment under the Commission's rules.

   (9) A TCB shall grant or dismiss each certification application through the
   Commission's electronic filing system.

   (10) A TCB may not:

   (i) Grant a waiver of the rules;

   (ii) Take enforcement actions; or

   (iii) Authorize a transfer of control of a grantee.

   (11) All TCB actions are subject to Commission review.

   (g) Post-market surveillance requirements. (1) In accordance with ISO/IEC
   17065 a TCB shall perform appropriate post-market surveillance activities.
   These activities shall be based on type testing a certain number of samples
   of  the total number of product types which the certification body has
   certified.

   (2)  The  Chief  of the Office of Engineering and Technology (OET) has
   delegated authority under § 0.241(g) of this chapter to develop procedures
   that TCBs will use for performing post-market surveillance. OET will publish
   a document on TCB post-market surveillance requirements, and this document
   will provide specific information such as the number and types of samples
   that a TCB must test.

   (3) OET may request that a grantee of equipment certification submit a
   sample directly to the TCB that performed the original certification for
   evaluation. Any equipment samples requested by the Commission and tested by
   a TCB will be counted toward the minimum number of samples that the TCB must
   test.

   (4) TCBs may request samples of equipment that they have certified directly
   from the grantee of certification in accordance with § 2.945.

   (5)  If  during post market surveillance of a certified product, a TCB
   determines that a product fails to comply with the technical regulations for
   that  product,  the  TCB  shall immediately notify the grantee and the
   Commission in writing of its findings. The grantee shall provide a report to
   the TCB describing the actions taken to correct the situation, and the TCB
   shall provide a report of these actions to the Commission within 30 days.

   (6)  TCBs  shall  submit  periodic reports to OET of their post-market
   surveillance activities and findings in the format and by the date specified
   by OET.

   [ 80 FR 33444 , June 12, 2015]

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