Section 19: Certification of equipment

(1) The Commission shall issue a certification or authorisation for communications equipment upon satisfaction that the equipment meets prescribed standards. (2) A person issued with a certification or authorisation of equipment shall ensure that each unit of equipment marketed under the grant and bearing the identification specified in the grant- (a) conforms to the unit that was measured; and (b) that the data, including the design and rated operational characteristics filed with the application for certification, continues to be representative of the equipment produced under the grant within variations that can be expected due to quantity production and testing on a statistical basis. (3) The Commission may require an applicant to submit a sample unit for measurement at the Commission's laboratory' or any other place specified by the Commission. (4) Where an applicant believes that the submission of a sample to the Commission's laboratory under subregulation (3) is impractical because of the size or weight of the equipment, power requirements or for any other reason, the applicant shall submit to the Commission for determination a written statement to the Commission explaining why the submission is impractical. (5) The Commission may, from time to time, request a party responsible for any equipment, to submit the equipment to the Commission to determine the extent to which subsequent production of the equipment continues to comply with the data filed by an applicant or data kept on file with that party, subject to a declaration of conformity. (6) A manufacturer may use any measurement procedure approved by the Commission to prepare data demonstrating the compliance of the equipment. (7) Any information relating to measurement submitted to the Commission shall identify the specific standard or measurement procedure used. (8) A party making measurements of equipment subject to equipment authorisation, whether the measurements are filed with the Commission or kept by the party responsible for the compliance of the equipment, shall compile a description of the measurement facilities employed. (9) A description of measurement facilities under subregulation (8) shall contain- (a) the location of the test site; (b) the physical description of the test site, accompanied by photographs; (c) a drawing showing the dimensions of the test site; the physical layout of all supporting structures and all structures within five times the distance between a measuring antenna and the device which is measured; (d) a description of the structures used to support the device which is measured and the test instrumentation; (e) a list of measuring equipment used; (f) information concerning the calibration of the measuring equipment, including the date on which the equipment was last calibrated and how often the equipment is calibrated; and (g) where required, a statement on whether a test site is available to conduct measurement services for the public at a fee. (10) All equipment for which an application for equipment authorisation is made shall bear a name plate or label with a Commission identifier which shall be permanently affixed to the equipment and shall be readily visible to a purchaser at the time of purchase. (11) A grant of equipment certification or authorisation is valid only where the Commission identifier is permanently affixed to the device and remains effective until it is revoked, withdrawn, rescinded, surrendered, or where a termination date is specified by the Commission. (12) A grantee of an equipment certification or authorisation shall be responsible to the Commission, for any equipment produced using the authorisation. (13) Any equipment subsequently marketed by an authorised person which is identical to the tested sample shall be deemed to be certified or authorised by the Commission. > (14) Any sample of equipment submitted to the Commission shall be- (a) in good working condition; 2768 I (b) properly configured for testing and complete with the necessary test adapters; and (c) clearly marked with a trade name, model and serial number. (15) Any equipment to be sold shall be similar to the model that is granted a type approval and the approved equipment shall not be modified in any way, without the approval of the Commission. (16) The Commission shall undertake regular inspections of commercial and retail communications equipment approved under these Regulations. (17) A type approval granted under these Regulations shall not be construed as a guarantee by the Commission of the proper functioning, performance or quality of the equipment. (18) The Commission shall not be liable for any interference caused to any other equipment or for injury, loss of life or damage to property as a direct or indirect result of the use of the approved equipment.