Guide - Electrical product compliance requirement
Contents
1. compliance resources and maintaining the integrity of the compliance framework E A ee RADIO SPECTRUM MANAGEMENT COMPLIANCE GUIDE i 4 gt LICENCE COMPLIANCE Outcome of audits RSM will advise the outcome when all elements of the audit have been considered If the audit is deemed unsatisfactory RSM will advise of the problem requiring remedy Compliance action may include issuing an Infringement notice or prosecution See the Enforcement section of this Compliance Guide for more information 20 SE ASSESSMENT The RSM Compliance Officer evaluates evidence of non compliance observed by Radio Inspectors during audits and interference investigations A determination is made based on that evidence as to whether a Warning notice or an Infringement notice is the most appropriate action A variety of factors are considered for their effect on the radiocommunications environment including gt effect on safety services gt impact on the licensing system gt impact on radiocommunication users gt impact on businesses involved gt whether the non compliance results from a fault or from manufacturer supplier installer user action gt whether there is a previous history or continuation of offending gt the level of cooperation during investigation and efforts made to resolve any issues To maintain consistency precedent cases are also considered Enforcement The Complian2. framework have been met before offering products for sale LEGISLATIVE AND REGULATORY REQUIREMENTS Mandatory requirements for electrical electronic and radio products are prescribed in Gazette Notices The notices relevant to product compliance are gt Compliance Notice levels of conformity compliance folders and product labelling gt EMC Standards Notice electrical and electronic product technical standards a ee ee RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE gt PRODUCT COMPLIANCE gt Radio Standards Notice radiocommunication Level 2 Medium risk products such as household transmitter technical standards appliances whiteware TVs VCRs DVD players power tools and personal computers The gt Mutual Recognition Notices mutual recognition compliance requirements are with other countries of test reports standards and product labelling gt product must comply with a Gazetted standard gt Prohibited Equipment Notices equipment gt supplier must label with the compliance mark prohibited from supply and use in New Zealand and supplier identification gt Code of Practice Notices gt supplier must create a compliance folder containing an SDoC a product description and These are summarised below however the actual evidence of product compliance Notices should be consulted for the definitive requirements Level 3 High risk products such as industrial scientific and med
3. that the product has been tested against gt must show a statement that the product meets the standard s to which it has been tested gt canbe from a New Zealand or an overseas test laboratory and must be in English All electrical electronic and radio products MUST comply with a relevant standard prescribed by RSM 10 _ _ _ gt PRODUCT COMPLIANCE Step 2 Apply for a Supplier Code Number SCN The most widely used and recognised compliance Alternative to the C tick mark is the C tick a trans Tasman mark for RCM electrical and electronic products EMC products marked in New Zealand with a C tick can be supplied in Australia without further regulatory impediment A reciprocal arrangement applies to products from Australia supplied into New Zealand There is also the Regulatory Compliance Mark RCM which is an alternative to the C tick An RCM mark indicates compliance with all relevant requirements imposed by Standard AS NZS 4417 including electrical safety visit Energy Safety for more information Registration for use of the RCM is made through Standards Australia By applying for a Supplier Code Number SCN a supplier gains the right to use the C tick The SCN consists of a letter Z if issued to a New Zealand supplier and N if issued by the Australian Communications and Media Authority ACMA to an Australian supplier and a unique numerical identifier It is used on p
4. the details shown on the licence against the actual installation to ensure that they are at all times complying with the terms conditions and restrictions applicable to that licence Failure to pay any required licence fees may result in RSM revoking a radio licence Licence fee payments may be made online in SMART ees sae RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE gt LICENCE COMPLIANCE LICENCE AUDITS Who can be audited Why have audits Anyone transmitting radio waves can be audited including Radio licence audits and transmitter site audits are RSM s proactive way of maintaining the integrity of gt radio licence holders the Register of Radio Frequencies and promoting gt spectrum licence holders voluntary compliance This helps minimise the gt users of equipment covered by General User likelihood of interference and the costs associated ences with legal compliance actions What are the selection criteria gt gt Handy hints General RSM will generally target licences and services where non compliance is considered to be most likely to affect the accuracy of the Register and Proactive auditing provides RSM the PDN LO endanger the planning of future licences as well gt ensure that the transmission is as increasing the risk of interference to existing authorised by a licence services Other criteria used to target specific audits are gt ensure that licence requirements are ae gt m
5. 4 ADDITIONAL RESOURCES In this booklet we refer to a number of other publications and resources which you should also consult for comprehensive and detailed information Resource Radiocommunications Act 1989 Radiocommunications Regulations 2001 Gazette Notices Radio Frequency Interference RFI Investigation and Resolution Guide Television and Radio Interference Your guide to better reception PIB 9A Standards New Zealand Standards Australia International Accreditation New Zealand RSM website for information about the components of this Compliance Guide the radio spectrum licensing spectrum policy and planning and more Australian Communications and Media Authority ACMA website for information about Australian requirements Energy Safety SMART Spectrum Management And Registration Technology Available From Free online at www legislation govt nz or purchase from bookstores that supply government publications Free online at www legislation govt nz or purchase from bookstores that supply government publications RSM website www rsm govt nz Free online at www rsm govt nz Free online at www rsm govt nz www standards co nz www standards org au www ianz govt nz www rsm govt nz cms compliance licence compliance www acma gov au www energysafety govt nz www rsm govt nz WelcomePage wdk Your efforts to comply with the requirements will help New Zealand achieve maximum benef
6. 7 Weenie LEGISLATIVE AND REGULATORY REQUIREMENTS 17 LUE LICENCE AUDITS 18 LEGISLATIVE AND REGULATORY REQUIREMENTS Lu 18 ee ona a Who can be audited 18 A AL A g What are the selection criteria 18 Aa The audit process 19 THE 6 STEPS TO COMPLIANCE 10 Outcome of audits 20 Step 1 ensure products meet an appropriate stanara Enforcement 21 Step 2 apply for a Supplier Code Number SCN 11 So Step 3 complete a Supplier s Declaration of ASSESSMENT al Conformity SDoC 12 WARNING NOTICES 21 Step 4 prepare a product description 12 INFRINGEMENT NOTICES 22 Step 5 create a compliance folder 13 Infringement Offences and Fees 23 Step 6 label the product 13 FURTHER ACTIONS 24 PRODUCT AUDITS 14 Product offences 24 Why have audits 14 Prosecutions 24 Who can be audited 14 ADDITIONAL RESOURCES 25 RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE WHAT DOES RSM DO RSM administers the radio spectrum under the Radiocommunications Act 1989 the Act and Regulations and Gazette Notices made under that Act We are responsible for the following functions gt granting radio licences registering management rights and spectrum licences gt investigating interference complaints gt conducting compliance audit programmes to maximise the value of the spectrum resource As part of the Ministry of Economic Development MED we facilitate access to the radio spectrum resource to support efficient reliab
7. NT NOTICES An Infringement notice will be issued in the form specified in the Regulations and will outline gt the relevant infringement offence gt your rights and obligations gt the amount of the Infringement fee gt the address for payment of the Infringement fee Paying an Infringement fee will not exempt you from carrying out any corrective action Carrying out required corrective action will not exempt you from paying an Infringement fee Continuing to commit an offence may result in further notices or prosecution Infringement notices do not require a preliminary warning While an Infringement notice may follow from an unresolved Warning notice there is no requirement to give a Warning notice first If the impact assessment by the Compliance Officer indicates that the effect of the non compliant situation is sufficiently serious or a previous history of non compliance exists an Infringement notice may be issued directly following an investigation Some breaches of the Radiocommunications Act are not covered by the Infringement Offence provisions and RSM may pursue a prosecution for these One such breach is the recording reproduction or use of radiocommunications intended for other persons 22 gt ENFORCEMENT Infringement Offences and Fees INFRINGEMENT OFFENCE Infringement notices are accompanied by Infringement fees The notice applies to the Installing using selling distri
8. WHO SHOULD READ IT Radio and spectrum licence holders Suppliers of radio electrical and electronic equipment Industry and government bodies with an operational or policy interest in the radio spectrum ISBN 978 0 478 33675 7 PDF DISCLAIMER The contents of this document are provided as a guide and must not be construed as advice or a statement of the law The Ministry does not accept any responsibility or liability whatsoever whether in contract tort including negligence equity or otherwise for any action taken as a result of reading or reliance placed on the Ministry because of having read any part or all of the information in this guide or for any error inadequacy deficiency flaw in or omission from the guide WA a dilati hk al NETSTAT Ti N N TT i l AH hi RBW 125 Hz MHz lt lt _ Contents Introduction 4 What are the selection criteria 15 WHAT DOES RSM DO 4 The audit process 15 WHAT IS THIS GUIDE 4 Outcome of audits 15 APPENDICES 15 Background to RSM s Licence Compliance 16 Compliance Programme 5 WHO MUST COMPLY 16 MINIMISING INTERFERENCE Radio licence holders F FOSTERING BUSINESS GROWTH BY ey ey ee 6 MAINTAINING A CLEAN SPECTRUM 5 P RSM S COMPLIANCE STRATEGY 6 eee ae 2 FRAMEWORK 17 Pro d uct Com p li ance 7 Licence terms and conditions 1
9. ble from International Accreditation New Zealand Level A1 Low risk products such as garage door openers baby monitors wireless enabled devices radio controlled toys and other Short Range Devices SRD The compliance requirements are gt product must comply with a Gazetted standard ee ee RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE gt PRODUCT COMPLIANCE Exemptions A product is exempt from the SDoC and labelling requirements but still must comply with Gazetted standards if it gt isa Short Range Device SRD radio transmitter installed in a vehicle at the time of manufacture gt isa military radio transmitter of the New Zealand Defence Force or other cooperating country Mutual recognition with Australia for some radio product categories applies in regard to standards and product labelling Refer to the Mutual Recognition Australia and the Radio Standards Notices for details Some products are illegal to supply or use in New Zealand as prescribed in the Prohibited Equipment Notices THE 6 STEPS TO COMPLIANCE Step 1 Ensure products meet an appropriate standard Product standards referred to in the Gazette Notices can be obtained from Standards New Zealand The supplier accepts total responsibility for product conformity and needs to make a commercial decision on the level of testing required Evidence of Compliance gt must show the relevant standards prescribed by RSM
10. buting or observed instance of non compliance and corrective manufacturing products action will still be necessary within the timeframe without a Supplier s Declaration of Conformity specified by RSM to avoid issuance of further SDoQ or exemption from the requirement to notices or prosecution for continued offences make a declaration of conformity or that don t comply with a prescribed standard Notices include an explanation of the recipient s Be responsibilities and rights so should be read carefully and advice sought if necessary thet don t comply with g prescribed code of practice or The following are applicable offences and related that are prohibited or fees per infringement under the Regulations recalled by the Minister INDIVIDUALS 250 BODY CORPORATE 1 250 INFRINGEMENT OFFENCE Using a radio transmitter other than in accordance with a radio licence a general user licence or an exemption granted by the chief executive under the regulations or a registered spectrum licence INDIVIDUALS 250 BODY CORPORATE 1 250 INFRINGEMENT OFFENCE Failing to comply with a notice or requirement of the chief executive INDIVIDUALS 350 BODY CORPORATE 1 700 INFRINGEMENT OFFENCE False declaration and or labelling INDIVIDUALS 350 BODY CORPORATE 1 700 Bodies Corporate include but are not limited to organisations such as companies incorporated societies and cha
11. ce Officer will also consider what action s may be necessary to correct the non compliance The responsible party will be advised in writing of the action required to correct the non compliance either by means of the Notice or an associated letter When setting the date for correcting a problem the Compliance Officer considers the impact of non compliance on radio users and associated industry as well as the resourcing issues involved in the required action If you cannot meet the timing set for corrective action contact the Compliance Officer as soon as possible so that the situation may be reviewed 21 RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE gt ENFORCEMENT WARNING NOTICES A Warning notice will outline gt the offence observed gt the corrective action required gt adate by which corrective action must be taken The notice may be accompanied by a Declaration of Compliance form to be used to confirm to RSM that the required corrective action has been completed This must be signed and returned to RSM by the required date unless prior arrangements have been made with the Compliance Officer regarding extension of the correction period A follow up audit may be made to monitor and maintain the integrity of the declaration process If corrective action is not taken within the specified timeframe RSM will take further action such as issuing an Infringement notice or prosecution INFRINGEME
12. claration A compliance folder the supplier s registered trademark contains gt a product description For most radio products a label consists of gt The New Zealand Supplier Code Number SCN gt asigned SDoC only gt atest report or other documented evidence of conformity gt gt Handy hint Step 6 Label the product Note that for most radio products supplied A label indicates that the product complies with the in New Zealand the New Zealand SCN is applicable standards and establishes a traceable the required identification and the C tick is link between a product and the supplier responsible not used for placing it on the market The compliance label should be a permanent feature placed on the external surface of the product as near as possible to the model identification For electrical electronic and some radio products a label consists of gt aC tick with supplier identification or gt the RCM with supplier identification gt aunique supplier identification includes the Supplier Code Number SCN issued by RSM or the ACMA if the compliance records were prepared in Australia ee ee RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE gt PRODUCT COMPLIANCE FAQs about labelling Where can I get a copy of the C tick Compliance marks can be downloaded for free from either the RSM or the ACMA website What can I do if it is not practical to apply the compliance
13. de Number SCN Supplier s Declaration of Conformity SDoC ee ee RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE WHO MUST COMPLY Any person company or organisation transmitting radio waves may only do so pursuant to the terms and conditions of a licence There are three main categories of licences gt radio licences gt spectrum licences gt general user licences which are either radio licences or spectrum licences but authorise general rather than specific licensee use Details about different types of licences can be found on the RSM website Currently the majority of mobile and fixed radiocommunications services are licensed as radio licences The remainder of radiocommunications and broadcasting services are typically licensed under the spectrum rights framework All licensees must comply with the licence conditions and regulatory framework Licence Compliance Radio licence holders Some radio licences are subject to an annual fee Licences specify the essential technical aspects of permitted transmissions Spectrum licence holders There are three types of spectrum licences gt TypeA licence to transmit radio waves and to have no harmful interference This is the most common type of licence gt Type B licence to transmit radio waves gt Type C licence to have no harmful interference Spectrum licences generally do not specify the equipment or transmission methods
14. ical equipment e g diathermy machines and radio frequency plastic welders The Electrical amp electronic products ompong reie mensae Conformity amp compliance requirements gt product must comply with a Gazetted standard The conformity requirements for electrical and electronic products depend on the potential RFI Radio Frequency Interference risk of products There are 3 risk levels supplier must label with the compliance mark and supplier identification gt supplier must create a compliance folder containing an SDoC a product description and Level 1 Low risk products such as resistive an accredited testing body report elements heaters simple switches and standard light bulbs The compliance requirements are gt gt Handy hints gt product must comply with a Gazetted standard gt supplier may label with the compliance mark If Level 1 products have been labelled with supplier identification and create a compliance a compliance mark a compliance folder is folder containing a product description and an required SDoC Level 3 products must be tested by an accredited testing body A list of New Zealand laboratories is available from International Accreditation New Zealand gt PRODUCT COMPLIANCE Exemptions gt supplier must label with a New Zealand SCN A product is exempt from the SDoC and labelling y requirements but still must comply with Gazetted standards if it supplier must c
15. ill be audited unless the licensee or agent consents to this requirement At risk sites Radio sites which have large numbers of yy Checklist communication services have been identified as being ata greater risk of suffering interference Increased If you are asked to provide access for an numbers of transmitters operating at these sites may audit your checklist should include be audited where interference has been an issue Do you have a current licence Is the transmitter located at the stipulated licensed location The audit process Where practicable audits will be made using radiated over the air measurements O UU s Are all licence conditions complied with including frequency power bandwidth emission type antenna polarisation radiation pattern antenna directivity if applicable and number of sets If the permission of a land or property owner is necessary to gain access to the property where the transmitters are located the Radio Inspector will either arrange that permission directly or will ask the licensee to do so Is site access available O L Are there any safety issues to be If a risk to radiocommunications has been identified considered then the Radio Inspector may decide to conduct an Have any other affected parties site immediate audit These spot audits are designed owner co users been notified to mitigate interference to the radio spectrum while optimising use of RSM
16. ing that licensing and product compliance requirements are met RSM s compliance programme is based on gt Radiocommunications Act 1989 gt Radiocommunications Regulations 2001 Radiocommunications Notices and Codes of Practice prescribed in the New Zealand Gazette In this Compliance Guide they are referred to collectively as statutory requirements a 2 RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE 1 BACKGROUND TO RSM S COMPLIANCE PROGRAMME RSM S COMPLIANCE STRATEGY To support our compliance strategy RSM has established a dedicated compliance and enforcement team to ensure issues are quickly identified and consistently managed The role of this team includes gt promoting greater industry and public awareness of product compliance requirements especially in the context of our mutual recognition arrangements with Australia gt managing audits of manufacturers importers and retailers of electrical electronic and radio products to ensure that they are complying with standards labelling and product declaration requirements gt managing audits of radio transmitters to ensure that transmissions are in accordance with the terms conditions and restrictions of a licence gt coordinating follow up to non compliance including the issue of Warning notices and Infringement notices or prosecution proceedings as appropriate RSM s compliance programme has four key compo
17. it from the radio spectrum RADIO SPECTRUM MANAGEMENT RSM PHONE 0508 RSM INFO 0508 776 463 EMAIL info rsm govt nz WEBSITE www rsm govt nz OCTOBER 2009 Ministry of Economic D Development Manat Ohan ga New Zealand Government Radio Spectrum VENETI G
18. label s on the product The supplier must use an alternative labelling method which may be gt to the outer surface of the packaging or gt to the instructions for use or gt to the guarantee or certificates or gt by showing it on an integral display Can l use the C tick to advertise my products RSM encourages manufacturers importers and retailers to use the C tick on advertisements packaging displays warranty forms instruction leaflets and websites to show that the products comply with the New Zealand EMC regime Using the C tick will help consumers select products that pose minimal risk to the radio spectrum PRODUCT AUDITS Why have audits Regular EMC audits and inspections of products and suppliers are RSM s proactive way of maintaining the compliance framework and promoting voluntary compliance This minimises the likelihood of interference as well as the costs associated with legal compliance action Proactive auditing provides RSM with the opportunity to gt ensure that EMC compliance conditions are met gt promote sound design and engineering of electrical electronic and radio products gt strengthen relationships with the electrical electronic and radio product industries gt maintain the value and usability of the radio frequency spectrum in New Zealand Who can be audited gt electrical electronic and radio product importers and manufacturers gt electrical elect
19. le and responsive telecommunications and broadcast services Introduction WHAT IS THIS GUIDE RSM has produced this Compliance Guide to give radio spectrum users information about gt compliance requirements gt compliance audits gt enforcement Use of the information in this Compliance Guide will help you comply with requirements prevent enforcement actions and contribute to a clean and useful radio spectrum The information in this Compliance Guide is current as at 17 August 2009 and Is intended to be used together with the RSM website No information in this Compliance Guide overrides or replaces any requirement specified by the Radiocommunications Act 1989 the Radiocommunications Regulations 2001 or Gazetted Notices made available on the website MINIMISING INTERFERENCE The technology to transmit and receive radio waves radiocommunications affects almost every aspect of business and personal life Cellphones TV broadcasting wireless networking as well as navigation and emergency services all use the radio spectrum It has become an important economic resource but its usefulness is diminished by pollution This is commonly known as radio frequency interference RFI Apart from natural phenomenon such as thunderstorms there are two main sources gt Electrical products also known as unintentional radiators All electrical and electronic products generate a certain am
20. ly significant for example cosmetic only or do not alter the radiofrequency emission characteristics of the basic model then the supplier may presume compliance The supplier may place variants of a basic device on the market under one SDoC The compliance records must include gt gt a signed statement that identifies the variants describes the changes made to the basic model and the rationale for marketing the device and variants under a single SDoC Step 4 Prepare a product description A product description of the marketed product positively identifies its use brand name and model number at a minimum The following can help easily identify the product gt gt gt clear photograph of the product block diagram circuit diagram promotional material service manual operating manual or user guide list of modular pieces or accessories packaged with the product installation manual A technical description may also be supplied and includes gt gt performance specifications other information such as printed circuit board revision software revision or hardware revision 12 gt PRODUCT COMPLIANCE Step 5 Create a compliance folder the suppliers registered name and address A compliance folder is a collection of documents the suppliers registered company number assembled by the supplier to support the the supplier s registered G S T number compliance de
21. nents increasing public awareness of the need for compliance gt proactively auditing product compliance gt proactively auditing licence compliance investigating suspected non compliance and interference cases WHO MUST COMPLY Anyone who makes or supplies electrical electronic or radio products to the New Zealand market must ensure their products comply with the established framework RSM s product standard framework is based on the principle of supplier self declaration Suppliers must take responsibility for the products they place on the market whether they are imported or domestically produced FRAMEWORK RSM s product compliance framework applies to all electrical and electronic products and most radio transmitters The key components of the framework are gt evidence of conformity with prescribed standards gt Suppliers Declaration of Conformity SDoC gt product labelling with a compliance mark gt product labelling with supplier identification e g Supplier Code Number SCN Product Compliance Who is a supplier gt a New Zealand manufacturer who makes products for supply in New Zealand gt an importer of products intended for supply in New Zealand gt aretailer or trader gt an authorised agent resident in New Zealand acting on behalf of a supplier to New Zealand Retailers should confirm with their suppliers that the mandatory requirements of the
22. onitoring or other information indicates an unlicensed operation promote sound management and engineering of radio licences and transmission sites an interference investigation indicates operation of unlicensed or faulty equipment gt aprevious record of non compliance with licence strengthen relationships with the radio conditions or interference history exists industry a gt acomplaint is received Mee ine Va ein ay af gt other audits are selected at random to maintain the radio frequency spectrum in New a level of assurance in the compliance level of all Zealand services 18 ee gt LICENCE COMPLIANCE High risk licences Where harmful interference is occurring or is Licences regarded as High Risk have an increased considered likely the Radio Inspector may at the time potential to cause interference to other radio services of the investigation request the licensee to cease the transmission immediately Subsequent action will There are a number of factors that may result in a follow enforcement procedures licence or a class of licence being considered high risk These factors may include but are not limited to If a coupled measurement is needed the Radio high power coverage area previous non compliance Inspector may ask you to take equipment off air previous interference issues etc An increased during the audit No equipment will be disconnected number of these high risk transmitters w
23. ount of noise in the radio spectrum Minimising this noise is commonly known as electromagnetic compatibility or EMC International EMC technical standards define acceptable levels of this form of RFI Electrical product RFI is managed through the product compliance framework gt Radio products also known as intentional radiators Radio waves may be generated for a variety of purposes including uses such as microwave ovens but are generally intended for communications For the multitude of radiocommunications uses and users to co exist within the finite radio spectrum a comprehensive national and international framework of standards engineering and licensing has been developed This framework is designed to prevent RFI such as co channel adjacent channel intermodulation Background to RSM s Compliance Programme and desensitisation that occur between radio services Radiocommunications RFI is managed through a frequency licensing framework Radio transmitters may also generate unwanted emissions which are managed through the product compliance framework FOSTERING BUSINESS GROWTH BY MAINTAINING A CLEAN SPECTRUM Managing RFI within technically and economically justifiable limits is the primary objective of RSM As a business unit of the Ministry of Economic Development MED RSM fosters economic development for all New Zealanders by making sure the spectrum is clean and maximising its use by ensur
24. reate a compliance folder containing a product description and an SDoC Level A2 Medium risk products such as cordless gt has a power consumption not exceeding 6 nano l telephones The compliance requirements are watts y kaspaiepai gt product must comply with a Gazetted standard gt camoorveride gt supplier must label with a New Zealand SCN gt supplier must create a compliance folder containing an SDoC a product description and evidence of product compliance gt is military equipment or weapons systems of the New Zealand Defence Force or other cooperating country Level A3 High risk products such as Citizen Band gt gt Handy hint CB radios Emergency Position Indicating Radio Beacons EPIRBs paging systems and mobile Some products are illegal to supply or radios The compliance requirements are use in New Zealand as prescribed in the Prohibited Equipment Notices gt product must comply with a Gazetted standard gt supplier must label with a New Zealand SCN gt supplier must create a compliance folder containing an SDoC a product description and Radio products an accredited testing body report Conformity amp compliance requirements As with electrical products the conformity Handy hin potential RFI risk of products There are 3 risk gt gt Ha dy levels Level A3 products must be tested by an accredited testing body A list of New Zealand laboratories is availa
25. ritable trust boards RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE gt ENFORCEMENT FURTHER ACTIONS Prosecutions RSM may take prosecution action instead of issuing an Infringement notice when this is considered Product offences Where an offence relates to products that do necessary for deterrent effect or when an not comply with an applicable standard or code Infringement notice has not achieved correction of a of practice or which have been declared to be non compliance situation prohibited equipment corrective actions may include Every person who commits an offence shall be liable ae on summary conviction to a fine not exceeding gt ceasing the use sale distribution or manufacture of the product gt 30 000 in the case of an individual gt recalling the product gt 200 000 in the case of a company or other body corporate gt refunding the price of the product to any purchaser A successful prosecution can also lead to the forfeiture of equipment that is used in commission of an offence gt gt Handy hint If RSM decides to pursue a court prosecution a search warrant may be applied for and executed to obtain evidence which may include removing equipment or documents The offender is responsible for the costs of all corrective actions A further fine of an amount not exceeding 1 000 for every day or part of a day during which the offence has continued may also be imposed 2
26. roducts to identify the supplier holding the compliance folder Applications Alternative to the C tick for SCNs are available from the RSM website A tick C tick Sf The Australian A tick is applied to telecommunication products meeting the requirements for the C tick The C tick MUST NOT be placed on radio products declared to level A A1 A2 or A3 supplied into New Zealand However if the product is marketed in both Australia and New Zealand and requires the C tick to satisfy Australian compliance labelling RSM will not require removal of the mark in New Zealand 11 RADIO SPECTRUM MANAGEMENT gt COMPLIANCE GUIDE gt PRODUCT COMPLIANCE Step 3 Complete a Supplier s Declaration of Conformity SDoC The Supplier s Declaration of Conformity SDoC is the document signed by the New Zealand supplier or New Zealand agent of an overseas manufacturer to certify that a product meets applicable standards An SDoC can be obtained at any time from the RSM website gt each product or significant variation of an existing product requires an SDoC gt the SDoC must be signed by a person who has authority to do so for the company or organisation gt the signatory should have sighted the evidence that supports the SDoC and be satisfied of the grounds for compliance gt the signed SDoC must be made available upon RSM s request If changes to a compliant model are not technical
27. ronic and radio product retailers and traders gt electrical electronic and radio product agents 14 gt PRODUCT COMPLIANCE What are the selection criteria gt subject of a complaint gt suppliers of products targeted by compliance risks gt suppliers of products targeted by interference risks The audit process If you are selected for a compliance folder audit RSM will provide a written notice to you 10 working days before the proposed date of the audit A Radio Inspector will contact you to arrange a time Notification may not be given before product labelling audits During the audit the Radio Inspector would expect gt correct product labelling gt acorrectly completed and signed SDoC gt a product description that clearly identifies the product gt atest report or other documented evidence that confirms compliance to the correct standard gt a product variant statement if relevant Further evidence of satisfactory compliance e g product samples may be required to verify product compliance Outcome of audits RSM will advise the outcome when all elements of the audit have been considered If the audit is deemed unsatisfactory RSM will advise of the problem requiring remedy and compliance action may include issuing an Infringement notice or prosecution See the Enforcement section of this Compliance Guide for more information APPENDICES Application for Supplier Co
28. used but instead they define an emission envelope within which the licence holder is free to operate Management right holders A management right relates to a block of radio frequencies The owner may grant spectrum licences to frequencies within the block Management rights do not themselves confer the right to make any transmissions licences must still be obtained Management Rights are held by the Crown and Private Managers 16 L l gt LICENCE COMPLIANCE 7 FRAMEWORK gt gt Handy hints Licence terms conditions and restrictions The Register of Radio Frequencies is the electronic database of licensed frequencies used in New Zealand Approved radio engineers and certifiers ARE ARC can create and certify licences in real time to update the Register Licensees are responsible for keeping their records correct in SMART Each licence sets out the requirements under which the licence holder must operate These keep the radio spectrum clean and usable by limiting interference with other licence holders LEGISLATIVE AND REGULATORY REQUIREMENTS Should you no longer need your licence you can cancel it online in SMART Anyone operating a transmitter not covered by an appropriate licence or which is non compliant with the licence requirements is offending against the Act The legal entitlement to transmit begins only when the licence has been granted The licensee or installing agent should check
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