EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Telecommunications Act 1997
Telecommunications Labelling (Customer Equipment and Customer Cabling)
Amendment Notice 2011 (No. 2)
Purpose
The purpose of the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2011 (No. 2) (the Amendment Notice) is to amend the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the Labelling Notice). The Amendment Notice incorporates provisions:
- recognising the IECEE Certification Body (CB) Scheme[1] for the purposes of the Labelling Notice;
- implementing an alternative compliance path for IMT-2000 customer equipment;
- implementing a number of minor and machinery amendments to references and tables in the Labelling Notice to clarify the operation of certain notes and compliance levels in the Tables of Schedule 1; and
- amending the structure of Schedule 7 which specifies the supplementary compliance documentation that may be used in compliance with the Labelling Notice.
Legislative provisions
Subsection 407(1) of the Telecommunications Act 1997 (the Act) provides that the Australian Communications and Media Authority (the ACMA) may, by written instrument, require any person who is a manufacturer or importer of specified customer equipment (CE) or customer cabling (CC) to apply to the equipment or cabling a label to indicate whether the equipment or cabling complies with the technical standards made by the ACMA under section 376 of the Act and specified in the instrument.
An instrument made under section 407 of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA).
Division 7 of Part 21 of the Act, together with the Labelling Notice and the standards made under section 376 of the Act operate to specify the relevant Australian telecommunications regulatory obligations in relation to the labelling of specified CE or CC.
Background
The ACMA has responsibility for the regulation of CE and CC in Australia under the Act and the Radiocommunications Act 1992.[2] These regimes cover aspects of CE and CC related to the telecommunications, radiocommunications, electromagnetic energy and electromagnetic compatibility functions of the items.
The telecommunications regulatory framework aims to ensure that CE and CC meet Australian technical standards and are appropriately labelled prior to connection to the telecommunications network.
By imposing requirements on suppliers of CE and CC, the Labelling Notice assists in protecting the health and safety of users of the telecommunications network and ensuring the integrity and interoperability of the telecommunications network and access to emergency call services.
The Labelling Notice requires suppliers to apply a compliance label to the surface of specified CE and CC to illustrate that they comply with mandatory requirements. Suppliers also have the option of displaying the compliance label electronically if the device has a built-in electronic display. Affixing a compliance label on equipment or cabling is a visible demonstration of compliance with applicable technical standards.
Operation
IECEE CB Scheme
The Amendment Notice incorporates the IECEE CB Scheme (CB Scheme) into the Labelling Notice. This international system allows for the mutual acceptance of test reports and certificates amongst participating countries in relation to the safety of electrical equipment.
Under the CB Scheme, test reports and certificates issued by recognised CB testing laboratories and National Certification Bodies (NCBs) in an exporting country may be recognised in an importing country without the need for additional local testing (except in relation to local differences from the international standard).
To ensure the equipment complies with the Australian national differences, IECEE CB test reports and certificates will be required to be assessed by the Australian NCB (SAI Global) or a Recognised Testing Authority (RTA).
IMT-2000 Alternative compliance path
The Amendment Notice provides an alternative compliance path for IMT-2000 customer equipment. Suppliers of IMT-2000 customer equipment are given the option of holding supplementary compliance documentation (in lieu of a compliant test report to the applicable standard(s) listed in Schedule 1 of the Labelling Notice) to demonstrate compliance.
Schedule 7 of the Labelling Notice specifies the supplementary compliance documentation permitted and includes:
- Type approvals issued under certain overseas regulatory arrangements;
- Approvals issued by overseas regulators; and
- Test reports from another jurisdiction.
The alternative compliance path for IMT-2000 customer equipment mirrors the path currently provided for suppliers of GSM customer equipment. For GSM customer equipment, an endorsed test report against relevant international/regional standards is allowed to demonstrate compliance with the applicable technical standard(s) listed in Schedule 1 of the Labelling Notice.
Minor and Machinery amendments
The Amendment Notice also incorporates a number of minor and machinery amendments to references and tables in the Labelling Notice. The intention of these amendments is to clarify the application of certain notes and compliance levels in the Tables in Schedule 1.
The Amendment Notice also re-structures Schedule 7 of the Labelling Notice by replacing the items in the Schedule with a Table which specifies what supplementary compliance documents may be used to demonstrate compliance with the standards specified in the Table.
These amendments do not have any substantive impact on suppliers of customer equipment subject to the Labelling Notice.
Consultation
Section 17 of the LIA requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake in relation to the Amendment Notice has been undertaken.
Stakeholders have been consulted in the development of these changes to the Labelling Notice. In addition to emailing copies to various key stakeholders, the draft Amendment Notice and consultation paper were also made available to the general public via the ACMA website from 28 June to 12 August 2011. Five submissions were received. The draft amendments were also discussed at the meeting of the ACMA’s Technical Working Group in August 2011.
The main concern expressed in submissions was the need for IECEE CB test reports and certificates to be assessed by the Australian NCB. As a result, the Amendment Notice was revised to clarify that the IECEE CB test report and certificate were subject to assessment by the Australian NCB. In addition, the option of using an RTA in lieu of the NCB has been included.
A second round of targeted consultation was conducted from 12 October to 20 October 2011. Stakeholders who had submitted comments on the original draft were sent a revised Amendment Notice clarifying the operation of the CB Scheme and proposing the option of an assessment by an RTA. No additional substantive changes were made to the Amendment Notice following the second round of consultation.
Regulation impact
The ACMA obtained advice from the Office of Best Practice Regulation that the Amendment Notice will have a minor and machinery impact. Therefore no further analysis in the form of a Regulation Impact Statement (RIS) is required. The RIS exemption numbers are 2011/12306 (CB Scheme) and 2011/12490 (IMT-2000).
Attachment
Further details of the Amendment Notice are in the Attachment.
ATTACHMENT
NOTES ON SECTIONS
Section 1 – Name of Notice
Section 1 provides that the name of the Amendment Notice is the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2011 (No. 2).
Section 2 – Commencement
Section 2 provides that the Amendment Notice commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – Amendment of Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001
Section 3 provides that Schedule 1 of the Amendment Notice amends the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.
Schedule 1 – Amendments
Items [1] to [12] amend the list of definitions at subsection 1.4(1) to insert new definitions.
The following new definitions (items [1], and [3] to [7]) are required as part of the inclusion of the IECEE CB scheme into the Labelling Notice. The definitions are derived from the IEC (International Electrotechnical Commission) published document, “IECEE 02 Rules of Procedure of the IECEE CB Scheme”:
- CB testing laboratory
- IECEE CB Rules of Procedure
- IECEE CB Test Certificate
- IECEE CB Test Report
- IECEE Certification Body (CB) Scheme
- Issuing and Recognising National Certification Body
The following new definitions have been included as part of the alternative compliance regime for IMT-2000 CE (items [2], [8]-[10] and [12]). The definitions relate to the supplementary compliance documents that are specified in Schedule 7 of the Labelling Notice for IMT-2000 CE:
- Grant of Equipment Authorisation
- Notified Body
- Notified Body Expert Opinion
- R&TTE Directive
- Telecommunications Certification Body
Item [11] inserts a new definition of “supplementary compliance document” which is used in the amendments to sections 4.5 and 4.6 (see items [14] and [15]).
Item [13] substitutes the table in section 1.4A. The new table of acronyms includes a number of new acronyms in relation to the adoption of the IECEE CB scheme and alternative compliance path for IMT-2000 equipment. These new acronyms are ‘FCC’, ‘IEC’, ‘IECEE’, and ‘R&TTE’.
Items [14] and [15] substitute subsections 4.5(2) and 4.6(2) (respectively) to simplify those provisions. Paragraphs 4.5(2)(d) to 4.5(2)(g) and 4.6(2)(d) to 4.6(2)(g) had separately specified the supplementary compliance documentation that could be used in lieu of demonstrating compliance with the applicable standard listed in Schedule 1 of the Labelling Notice. The amendments consolidate the requirements of paragraphs 4.5(2)(d) to 4.5(2)(g) and 4.6(2)(d) to 4.6(2)(g) into new paragraphs 4.5(2)(d) and 4.6(2)(d).
Paragraphs 4.5(2)(d) and 4.6(2)(d) each now specify that for an applicable standard listed in column 1 of Table 7.1 of Schedule 7, the supplementary compliance documentation that can be used to demonstrate compliance is specified in column 2 of the Table. The supplementary compliance documents for IMT-2000 CE have been incorporated into Table 7.1. The supplementary compliance documents for compliance with the AS/NZS 60950 standards on electrical safety are also specified in Table 7.1 including the requirements of the IECEE CB Scheme.
Item [16] amends the item titled ‘AS/ACIF S042.3-2005’ of Table 1.1 in Part 1, Schedule 1 of the Labelling Notice, by substituting a reference to note 8(b) with a reference to the new note 35 in column 4 of Table 1.1. This amendment is intended to clarify that for AS/ACIF S042.3-2005, compliance level 1 only applies to the IMEI security requirements component. All other requirements of AS/ACIF S042.3-2005 are to be met at compliance level 3.
Item [17] amends the item titled ‘AS/CA S042.4-2011’ of Table 1.1 in Part 1, Schedule 1 of the Labelling Notice, by inserting the new note 35 (in addition to note 34) in column 4 of Table 1.1. This amendment is intended to clarify that for AS/ACIF S042.4-2011, compliance level 1 only applies to the IMEI security requirements component. All other requirements of AS/ACIF S042.4-2011 are to be met at compliance level 3.
Item [18] amends Category A24 (Mobile equipment – GSM) of Table 1.2 in Part 2, Schedule 1 of the Labelling Notice by inserting the new note 35 in column 5 of Table 1.2, for the row relating to AS/ACIF S042. This amendment is intended to clarify that compliance level 1 only applies to the IMEI security requirements in AS/ACIF S042.3-2005 and AS/CA S042.4-2011. Compliance level 3 applies to the remainder of AS/ACIF S042.3- 2005 and AS/CA S042.4-2011.
Item [19] makes a minor amendment to the description of the customer equipment in Category A53 (CE designed to connect to a PMTS) of Table 1.2 in Part 2, Schedule 1 of the Labelling Notice to maintain consistency with the terminology used in the rest of the Labelling Notice.
Item [20] amends Category A55 (Mobile equipment to which IMT-2000 applies) of Table 1.2 in Part 2, Schedule 1 of the Labelling Notice by inserting the reference to new note 35 to clarify that compliance level 1 only applies to the IMEI security requirements and that compliance level 3 applies to the remainder of AS/CA S042.
Item [21] substitutes note 8 in the Notes to Tables 1.1 to 1.5, in Schedule 1 of the Labelling Notice with a new note 8 to clarify that the requirements for emergency calling and ignition of flammable atmospheres must be met at compliance level 2 and that IMEI integrity is required to be met at compliance level 1.
Item [22] inserts new note 35 into the Notes to Tables 1.1 to 1.5 in Schedule 1 of the Labelling Notice. Note 35 clarifies that compliance level 1 only applies to the IMEI security requirements in AS/ACIF S042.3-2005 and AS/CA S042.4-2011. Compliance level 3 applies to the remainder of AS/ACIF S042.3- 2005 and AS/CA S042.4-2011.
Item [23] substitutes Schedule 7 of the Labelling Notice with a new Schedule 7 which is in tabular form. Table 7.1 replaces Parts 1, 2 and 3 of Schedule 7 and provides the information previously in the items in those parts in a tabular format.
The Table specifies the supplementary compliance documentation that can be used in lieu of demonstrating compliance with the applicable standards listed in Schedule 1 of the Labelling Notice, and which are specified in column 1 of Table 7.1. The supplementary compliance documents specified in Parts 1, 2 and 3 of Schedule 7 remain the same. Additional supplementary compliance documents for IMT-2000 CE, have been incorporated into Table 7.1. The Table also specifies documentation under the IECEE CB Scheme as supplementary compliance documents for technical standard AS/NZS 60950.
This new table is intended to make it simpler for suppliers to understand the types of supplementary documentation accepted in lieu of compliance with particular specified applicable standards.
[1] This scheme is the “Scheme for Mutual Recognition of Test Certificates for Electrotechnical Equipment and Components” established by the International Electrotechnical Commission (IEC).
[2] The relevant provisions of the Radiocommunications Act 1992 relate to the labelling of “devices” (see Division 7 of Part 4.1 of that Act).