Type Approval Business Rules 2024 PDF | Nigerian Communications Commission

Type Approval Business Rules (Issued Pursuant to the Type Approval Regulations 2024) August, 2024 1  TYPE APPROVAL BUSINESS RULES (ISSUED PURSUANT...

Type Approval Business Rules (Issued Pursuant to the Type Approval Regulations 2024) August, 2024 1  TYPE APPROVAL BUSINESS RULES (ISSUED PURSUANT TO THE TYPE APPROVAL REGULATIONS, 2024) 1. Introduction…………………….…………………………………………………..….. 4 2. Definitions……………………………………………………………………………….…... 4 3. Application of the Business Rules ………........................................................................................................4 4. Amendment and Publication of the Business Rules …………………………………...... 4 5. Type Approval Application Procedure....................................................................................................... 4 6. Fees........................................................................................................................................................................ 5 7. Test Results......................................................................................................................................................... 5 8. Type Approval for Modified Equipment and Tests............................................................................... 5 9. Declaration of Conformity............................................................................................................................ 6 10. Supporting Documentation........................................................................................................................... 7 11. Labelling.................................................................................................................................................................. 9 12. Product Investigation........................................................................................................................................ 9 13. Termination of Application ……………………………………………………………….….. 10 14. Return of Sample ………………………………………………………………………….…. 10 15. Device Management System Registration……………………………………..………….…… 10 16. Definition of Terms ………………………………………………………………………….. 11 Appendix 1 – Specimen Pro-forma Declaration of Conformity ……........................................................ 12 Appendix 2 – Label...................................................................................................................................................14 SCHEDULE 1: TYPE APPROVAL STANDARDS Part A – Choice of Standards.......................................................................................................................................................15 Part B – Tables of Standards...................................................................................................................................17 Table 1 – All Relevant Equipment.........................................................................................................................17 Table 2 – Analogue Wireline Telephony Equipment......................................................................................21 Table 3 – Digital Subscriber Loop Equipment.................................................................................................23 2 Table 4 – Wireless Short-Range Equipment.....................................................................................................24 Table 5 – Wireless Local Area Equipment.................................................................................................... 26 Table 6 – Wireless Local Loop Equipment.................................................................................................. 27 Table 7 – Wireless Long-Distance Equipment............................................................................................ 29 Table 8 – Fixed Satellite Connection Equipment........................................................................................ 30 Table 9 – Mobile Satellite Connection Equipment......................................................................................32 Table 10 – Second Generation Mobile Telephony Equipment................................................................ 34 Table 11 – Third Generation Mobile Telephony Equipment................................................................... 35 Table 12- Fourth Generation Mobile Telephony Equipment……………………………………… 39 Table 13- Fifth Generation Mobile Telephony Equipment………………………………………... 43 Table 14 – Analogue Leased Line Equipment................................................................................................ 44 Table 15 – Digital Leased Line Equipment..................................................................................................... 45 Table 16 – Licence -Exempt Equipment.......................................................................................................... 46 3  TYPE APPROVAL BUSINESS RULES (ISSUED PURSUANT TO THE TYPE APPROVAL REGULATIONS 2024) 1. Introduction These Business Rules are to be read and applied in conjunction with the Type Approval Regulations 2024 (the “Regulations”). 2. Definitions All terms used in the Business Rules have their meanings as defined in the Nigerian Communications Act, 2003 (the “Act”) and the Type Approval Regulations. 3. Application of the Business Rules The Business Rules shall apply to all Equipment Holders and any person applying for Type Approval or modification or exemption from type approval. It shall also apply for equipment registration as regards the implementation of the Device Management System. The Business Rules are intended to identify the procedures to be followed before communications equipment (also referred to as “products”) are used or supplied. 4. Amendment and Publication of the Business Rules These Business Rules may be reviewed, modified or updated by the Commission from time-to-time and such amendment shall be published on the Commission’s website. 5. Type Approval Application Procedure (a) An application for Type Approval must be made using the Commission’s standard typeapproval application form, which is available on the website of the Commission. An application may be submitted electronically on any platform that may be established by the Commission for that purpose. (b) One application may cover a range of related products, provided that the application clearly identifies the distinct products and the compliance of each product is supported by the appropriate test results and other supporting documentation. (c) Recognized manufacturing brand names, product names and model numbers will be separately identified in the list of approved communications equipment to be maintained by the Commission pursuant to Regulation 5. (d) An application for Type Approval must be accompanied by a Declaration of Conformity in the form set out in Appendix 1 to these Business Rules. (e) Other information to be submitted with the application is described in the following sections of these Business Rules. (f) An application that fulfils all necessary requirements will be processed within one (1) month of its receipt by the Commission. (g) The Commission may reject any applications that are not complete, or that are submittedby persons who are in contravention of any regulations, decisions, directions or orders issued by the Commission or any other requirements under the Act. (h) Following approval, the Commission will make a corresponding entry in the list of 4  approved communications equipment to be maintained by the Commission pursuant to Regulation 5. (i) An application for final type approval shall be made before the expiry of the provisional type approval period, indicate the date of grant of provisional approval and comply with the requirements of Regulation 13. (j) A provisional type approval shall not lapse or expire while an application for final type approval is pending at the Commission. 6. Fees Fees are payable by the applicant at the time of submission of the type approval application and equipment registration. The schedule of fees for type approval of the different types of equipment shall be published on the website of the Commission and may be updated from time to time. 7. Test Results (a) A Declaration of Conformity must be supported by suitable test results. The Commission will accept test results from any laboratory included in the list to be maintained by the commission pursuant to Regulation 7 of the Type Approval Regulations, 2024. (b) If tests are to be performed by a laboratory or other accreditation body other than one identified by the Commission, then the credentials of the body must be presented for prior approval of the Commission. 8. Type Approval for Modified Equipment and Testing (1) The type approval of any particular electronic communications equipment shall be granted for an unlimited period of time, provided that no modifications have been made to the approved electronic communications equipment. The type approval modifications process shall apply where: (a) a change to any communications equipment introduces additional kinds of physical network interface or uses additional radio frequencies or alters manufacturing brand name, product name, model number or function or otherwise changes compliance with the Declaration of Conformity, then a new application for Type Approval must be made. (b) changes to the type approved electronic communications equipment may affect compliance with the applied standards and requirements to which it has been previously tested and validated; (c) changes to the type approved electronic communications equipment may affect a network interface or have any effect on the specific essential requirements relating to safety, electromagnetic compatibility or radio frequency behaviour of the concerned electronic communications equipment; (d) there is a change in the version of software and firmware used in the electronic communications equipment that affects the network and basic functionality of the electronic communications equipment as well as the information recorded in the type approval register. (2) An application for type approval modification certificate shall be made by completing the prescribed application Form. 5  (3) The application form shall be completed, signed and stamped by the applicant for each model of equipment. (4) The following supporting documents shall be attached to a Type Approval Modification application form- a) copy of the previous type approval certificate; b) schematic diagram if different from the original equipment; c) declaration of conformity by the manufacturers; d) laboratory test results of the modified assembled radio telecommunications transceiver terminal equipment; e) covering letter from the manufacturer explaining reasons for modifications, provided it refers to a radio component; f) installation or operating manuals for specific types - optional; g) In certain cases, a sample of the devices; h) any other documents that are different from the previous application; i) payment of the applicable fees. (5) Where a Type Approval Modification application is approved, the Commission shall issue a Type Approval Modification Certificate to the applicant. (6) Product changes that may affect compliance with the Type Approval Standards identified in the Declaration of Conformity must be tested and assessed by the Equipment Holder. A record of the changes, test results, and assessment of their impact must be maintained in the supporting documentation. 9. Declaration of Conformity (a) A Declaration of Conformity (DoC) is a document that is normally prepared by the manufacturer or supplier (wherever located) on company letterhead or stationery,signed by anauthorized representative of that company, confirming that the product complies with the product standards identified in the DoC. (b) Any DoC submitted pursuant to these Business Rules must be prepared and maintained in accordance with ISO/IEC 17050-1:2004 (available from the ISO website). (c) As set out in the ISO standard, the following is the information that must be included in a DoC:  Unique identification of the DoC;  The name and contact address of the issuer of the DoC;  The identification of the object of the DoC (e.g. name, type, date of production or model number of the product, description of a process, management system, person or body, and/or other relevant supplementary information);  The statement of conformity;  A complete and clear list of product standards or other specified requirements, as well as the selected options, if applicable; 6   The date and place of issue of the declaration of conformity;  The signature (or equivalent sign of validation), name and function of the authorized person(s) acting on behalf of the issuer;  Any limitation on the validity of the DoC;  The name and address of any conformity assessment body involved (e.g. testing or calibration laboratory, inspection body, certification body);  Reference to relevant conformity assessment reports, and the date of the reports;  Reference to the existence of associated supporting documentation such as that describedin ISO/IEC 17050-2:2004. In addition to submitting a DoC confirming that the equipment complies with identified standards, the applicant must satisfy himself and represent that the DoC is authentic and properly applies to the equipment that is the subject of the application. (d) A Declaration of Conformity shall be in the form set out in Appendix 1 to these Business Rules. 10. Supporting Documentation (a) The supporting documentation is the complete record of information that describes in detail the products and the basis on which they are declared to meet the technical requirements and standards applicable for Nigeria. The Commission may require submission of the supporting documentation at any time during its review of the application. If required, the supporting documentation shall be submitted within ten (10) days or within such other time period as is specified by the Commission. (b) In cases where the supporting documentation is required, the Commission may nonetheless rely on the Declaration of Conformity to determine approval, with a subsequent review of the documentation conducted by the Commission as part of its post-approval surveillance process. (c) The supporting documentation shall comply with the format and other requirements of ISO/IEC 17050-2:2004 (with the exception of clause 5.2(a) of the ISO/IEC standard). The supporting documentation shall have a unique identification number or other unique identifier which is cross-referenced in the DoC. The following notes are intended to clarify application of Section 5 of the ISO/IEC standard. In relation to 5.1 (a) of ISO/IEC 17050-2:2004: i. a brief technical description of the equipment including an explanation of the intended use of the equipment as presented to the user and any installation specificinformation relevant to compliance; ii. identification of the communications networks concerned and any intentional radio spectrum usage; 7  iii. identification of software and firmware that may affect any network interface or have an effect on radio frequency emissions; iv. where the equipment is an interface card or module for installation in host equipment, the description must make or give sufficient information for compatible hosts to be determined; and v. where more than one model is covered, details of the relationships between the models and the rationale for including them. User manuals or other information supplied with the equipment may provide a source for at least some of these information requirements. In relation to 5.1 (b) of ISO/IEC 17050-2:2004: i. circuit diagrams and PCB layouts for those parts of the equipment which have a direct impact on compliance with the technical requirements. For example: network interface circuits and radio interfaces (antennas or connection points for antennas); audio components in live speech equipment; line signaling; ports for connecting other equipment; power supplies and all network affecting elements. ii. parts list in so far as they are relevant to the above. Components which are critical to compliance should be identified and fully specified with suitable tolerances. Care should be taken to ensure that alternative sources of supply are also evaluated; and iii. photographs of both the interior assembly and exterior of the product sufficient to permit a person to determine that a product is the same as that submitted for Type Approval. In relation to 5.1 (c) of ISO/IEC 17050-2:2004: i. identification of all applicable Type Approval Standards and any other technical specifications that apply, and the related test results; ii. test reports or test data and details of test methods where these are not provided for in the specifications; and iii. justification for any cases where tests have not been performed. For example, several models might be covered by an application; or reliance might be placed on a similar product for which data is held in another file (which file must be cross-referenced). (d) The supporting documentation may be submitted electronically provided clear legible paper copies of all the information or extracts from it are also produced on request. (e) The supporting documentation must be kept available for inspection by the Commission for at least 5 years after the last product of the relevant type has been supplied or used in Nigeria. 8 11. Labelling (a) All type approved equipment shall bear the mark of the Commission as well as a durable label as shown in Appendix 2. The label should be located close to the model for identification. The label may also be on the packaging and user manual. (b) Where for reasons of size or other design features the product itself cannot be marked, the applicant shall include the label in the documentation, manual and or packaging accompanying each product. (c) Notwithstanding Paragraph 11(a) above, for devices with digital display and or with remote login capabilities, the Commission may permit the use of e- labelling on the device as an alternative to physical labeling. For other devices without digital display, the manufacturer should have the label on the device and packaging. (d) In the event of e-labelling being used on devices with digital display and or with remote login capabilities, the manufacturer shall also have a label on the packaging. The packaging shall include the label with model number, and other new innovative methods not limited to QR Codes among others. (e) All labels whether physical or electronic shall comply with requirements in Appendix 2 of this Business Rules. 12. Product Investigation (a) It is a violation of the Act to supply communications equipment which is not type approved or which does not meet applicable technical requirements or Standards. (b) The Commission may at any time investigate products, including requiring the supplier of a type approved product to make all or part of the supporting documentation available. Such investigation may result from a complaint, a report of interference, physical inspection of products in a retail outlet, inappropriate advertising or simply random selection. (c) Where an initial examination is inconclusive or unsatisfactory, additional information may be requested and one or more product samples may be required for testing at a laboratory chosen (recommended) by the Commission. The holder of the Type Approval shall be responsible for all laboratory or other charges incurred. (d) Where it is found that a product does not conform to the applicable Standards, the Commission may issue appropriate Directions, including Directions as to whether or not the product in question is to be removed from service or commercial distribution, or such other actions as may be required by the Commission. 9 13. Termination of Application In the event that an applicant fails to submit any or ALL the requested documents within 60 days from the date the application was submitted to the Commission, such application shall be deemed to have been abandoned and the applicant shall submit a new application to the Commission. 14. Return of sample The Commission shall retain samples of devices submitted by applicants. 15. Nigerian Communications Commission Device Management System The Nigerian Communications Commission Device Management System (NCC-DMS) is a Central Equipment Identity Register (CEIR) that keeps device records and manages device access to Mobile Networks. a. All Mobile Networks Operators (MNOs) shall connect to the NCC-DMS, mirror and implement all network related policies configured on the NCC-DMS. b. The Commission shall determine access to the portal or interface or any other means for bulk device registrations. c. Individuals shall register a limited number of devices to be determined by the Commission. d. All MNOs shall support synchronizing of their Equipment Identity Register (EIR) with the NCC-DMS. e. NCC-DMS shall acquire the International Mobile Equipment Identity (IMEI) of all devices latching to the communication network and synchronize with International databases of IMEI repositories. f. NCC-DMS shall maintain a registry of all communication devices available in the Federal Republic of Nigeria. g. All Type approved devices shall be registered on the NCC-DMS by the device suppliers. h. Payment fees for registration of devices which is distinct from the Type Approval fees shall be required for each device. i. The required information on each device registration shall include the sole or multiple (if applicable) IMEI number(s) of the device(s). j. It is an infraction to tamper with the IMEI of a device without written consent of the Original Equipment Manufacturer (OEM). 16. Definition of Terms “E-Label” means this is an electronic label which may be installed in products with digital display and or with remote login capabilities that are integral to the use and functioning of the device. In this case the device’s software will contain information not limited to registration, certification and model identification numbers 10 “Remote Login Capabilities” means a situation where a device can be gained accessed to from other systems remotely using remote login-tools and Connection Managers “QR Code” means a quick response code which is a matrix symbology consisting of an array of nominally square modules arranged in an overall square pattern. 11  Appendix 1 – Specimen Pro -forma Declaration of Conformity Reference: I/W e Of (Name of manufacturer/supplier) (Address including postcode) declare under my/our sole responsibility that the product(s) (Product description including brand name, type or model and any supplementary information such as lot, batch or serial number identification) to which this declaration relates, is/are in conformity with the following standards: (Include all applicable Standards, including those identified by the Commission and any other relevant ITU-T,CCIR or other international standards that the product meets) and that I/we have examined the technical basis for this declaration which is based on test reports and/or certificates issued by Supporting documentation relevant to this declaration has been compiled under the reference number given above and will be made available as required. 12  Signature: Date: (For and on behalf of manufacturer/supplier) NOTE: For information on how to complete this declaration and prepare the supporting documentation, please refer to ISO/IEC 17050–1:2004 Conformity assessment – Supplier’s declaration of conformity Part 1: General requirements and ISO/IEC 17050–2:2004 Conformity assessment – Supplier’s declaration of conformity Part 2: Supporting documentation. 13  Appendix 2 – Label All communications equipment that has been type approved must be labeled with a label approved by the Commission. An example of an acceptable label is shown below. CERT/XXXXX/YYYY xxxx = the certificate number as contained in the Type Approval Certificate yyyy= represents the year of Type Approval i. The characters shall appear in black print against a white background. ii. The characters may differ in font from those in the example above iii. The characters may differ in font from those in the example above iv. The label may differ in width, height and number of lines from the example above. v. Placement of the label shall be in accordance with Section 11 of the Type Approval Business Rules. 14  SCHEDULE 1: TYPE APPROVAL STANDARDS Part A – Choice of Standards The Type Approval Standards in the tables that follow are based on international standards from:  The International Electrotechnical Commission (IEC) and its International Special Committee on Radio Interference (CISPR).  The European Committee for Electrotechnical Standardization (CENELEC).  The European Telecommunications Standards Institute (ETSI). Nigeria is an associate member of IEC through the Standards Organization of Nigeria (SON) and could become an associate member of CENELEC and ETSI. These standards have been chosen because:  They represent international practices as developed in many countries.  Nigeria adopts practices predominantly like those adopted in Europe (for example, by being in ITU World Region 1 for spectrum allocation and by using the Global System for Mobile communications (GSM) very extensively).  The ETSI standards incorporate a layered structure that allows different concerns (such as electromagnetic compatibility and physical interoperability) to be analyzed separately.  Since 1999 the Radio and Telecommunication Terminal Equipment (R&TTE) Directive 1999/5/EC complemented by the 2004 Electromagnetic Compatibility Directive and the 2006 Low Voltage Directive have been the basis for many type approval regimes.  The technical specifications of the R&TTE framework have been widely adopted, also outside the EU countries, though the actual approval process has seen various variants outside the direct European participants  Since 2014 the Radio Equipment Directive (RED) 2014/53/EU replaces and streamlines the process of equipment type approval from the 1999 Radio and Telecommunication Terminal Equipment (R&TTE) Directive 1999/5/EC  To cater for the emerging field and concerns for cybersecurity, privacy and data governance issues as regards internet-connected radio equipment and wearable radio equipment, Internet of Things (IoT) devices, among others the Radio Equipment Directive (RED) – Cybersecurity Requirements in Article 3 (3) of the RED Directive was activated on February 1, 2022 and will become mandatory as from August 1, 2024 for such equipment  Notwithstanding the above, submissions for type approval to the Commission for internet- connected radios equipment and wearable radio equipment, Internet of Things(IoTs) devices among others are encouraged to insure compliance with ETSI EN 303 645 for consumer IoT products and IEC 62443 certification for industrial products pending industry agreed harmonized standards for the cybersecurity requirements  The Current ETSI standards as used under the new RED type approval process in Europe is considered for the technical standards applied in Nigeria. 15   The ETSI standards, and all the supporting technical reports, are free and easily obtained fr om http://pda.etsi.org/pda/queryform.asp. The Type Approval Standards are grouped under headings according to the main kinds of equipment to which they relate. Some standards relate to so many kinds of equipment that they are collected under their own heading. These groupings are intended for convenience. Equipment Holders should ensure consider and demonstrate conformity with all of the Type Approval Standards applicable to their equipment (not just with those standards grouped by kinds of equipment). The Type Approval Standards includes more than one standard for certain types of equipment. For example, for equipment for third generation mobile services several standards for physical interoperability are listed. In some of the other standards, too, there are options, only some of which are likely to be pertinent to Nigeria. For some of the standards, possible alternatives are mentioned that are generally regarded as no longer current now but that might be relevant to older equipment. The Type Approval Standards are classified according to whether they deal mainly with safety, electromagnetic compatibility or physical interoperability (which can cover optical, electrical or radio systems). Most of the standards deal with physical interoperability. Extending the standards to address logical interoperability (which could include signaling and media flows) might produce very many more, with very many options to be considered and determined. The individually identified standards are not dated. In general, Equipment Holders should refer to the most recent editions of the standards and visit the website of the Commission for subsequent amendments. 16  Part B – Tables of Standards Table 1 – All Relevant Equipment Standard Number Standard Title Emphasis Product standard to demonstrate the compliance of Safety EN 50360:2017/ wireless communication devices, CENELEC 50360 with the basic restrictions and exposure limit values related to human exposure to electromagnetic fields in the frequency range from 300 MHz to 6 GHz. Safety EN 50361/ CENELEC Basic standard for the measurement of specific 50361 absorption rate related Safety to human exposure to electromagnetic fields from mobile phones (300 MHz- 3 GHz) Limitation of human exposure to electromagnetic Safety EN 50364/ CENELEC fields from devices operating in the frequency range 0 50364 Hz to 10 GHz, used in Electronic Article Surveillance (EAS), Radio Frequency Identification (RFID) and similar applications Generic standard to demonstrate the compliance of low Safety EN 50371/ CENELEC power electronic and electrical apparatus with the basic 50371 restrictions related to human exposure to electromagnetic fields (10 MHz-300 GHz)– General public EN 50385/ CENELEC Safety Product Standard to Demonstrate the Compliances of 50385 Radio Base Stations and Fixed Terminal Stations for Wireless Telecommunication Systems with the Basic Restrictions or the Reference Levels Related to Human Exposure to Radio Frequency Electromagnetic Fields (110 MHz - 40 GHz)– General Public EN 50392/ CENELEC Safety Generic standard to demonstrate the compliance of 50392 electronic and electrical apparatus with the basic restrictions related to human exposure to electromagnetic fields (0 Hz-300 GHz) EN60215/ Safety Safety requirements for radio transmitting equipment IEC60215 EN 60825-1/ Safety of laser products Part 1: Equipment Safety classification, requirements and user's guide IEC 60825-1 EN 60825-2/ Safety of laser products Part 2: Safety of optical fibre Safety communication systems IEC 60825-2 Safety of information technology equipment Safety EN 60950/ IEC 60950 17  Low voltage power supplies, d.c. output– Part 7: Safety Safety EN 61204-7/ requirements IEC 61204-7 Uninterruptible power systems (UPS)– Part 1: Safety EN 62040-1-1/ General and safety requirements for UPS used in IEC 62040-1-1 operator access areas Safety EN 62040-1-2/ Uninterruptible power systems (UPS)– Part 1: General and safety requirements for UPS used in IEC 62040-1-2 restricted access locations Electromagnetic EN 55011/CISPR 11 Industrial, scientific and medical (ISM) radio-frequency compatibility equipment– Electromagnetic disturbance characteristics– Limits and methods of measurement EN 55022/CISPR 22 Electromagnetic Information technology equipment– Radio disturbance compatibility characteristics– Limits and methods of measurement EN 55024/ Electromagnetic Information technology equipment– Immunity compatibility CISPR 24 characteristics– Limits and methods of measurement Part 3-2: Limits– Limits for harmonic current emissions Electromagnetic EN 61000-3-2/ (equipment input current up to and including 16 A per compatibility IEC 61000-3-2 phase) EN 61000-3-3/ Part 3-3: Limits– Limitation of voltage changes, voltage Electromagnetic fluctuations and flicker in public low-voltage supply compatibility IEC 61000-3-3 systems, for equipment with rated current