NCC - new Resulotion N° 715

On 25th of October 2019, the new regulation of Conformity Assesment and approval of telecommunications products, Resulotion No. 715, was published in the Official Garette (DOU).

This regulation shall come into force within 180  days from the date of its publication (April 21st, 2020). The only exception is in relation to the obligations contained in article 58 of Title IV, referring respectively to the market surveillance program and the exemption from the approval fees (Anatel fees), which came into force today.

Thus, within 180 as of the date of publication of this Resolution, this new resolution will revoke: Resolution no. 242/2000, regarding the Regulation for Certification and Approval of Telecommunication Products; and Resolution No. 323 from November 7th, 2002, regarding the Telecommunication Product Certification Standards.

The new Resolution No. 715 is a reflection of all-technological updating and all the learning acquired in these 19 (nineteen) years of existence of the process of conformity assessment and homologation of Telecommunications product. It also brings the incorporation of concepts aligned until then by means of letters, management instruments, or other means of publication used by Anatel to inform the related entities.

The purpose of the new regulation is to make the process more flexible and faster, by adopting operational procedures for the conformity assessment and approval processes, and technical requirements for each type or family of telecommunications products.

Main changes brought about by this NEW regulation:

New technologies:
Possibility of issuing a provisional supplementary standard, in the absence of an Operational Procedure and / or Technical Requirement, in view of a new technology and the urgency of its use, or even to attend a specific and temporary event.
Changing the product classification from category to product models:
The classification will change from product categories (I, II and III) to conformity assessment models, applicable to telecommunication product types or family (ies) to which it applies, and the applicable conformity assessment models for each telecommunications product type or family is set out in its respective Technical Requirement.

It was added to the hitherto adopted (Declaration of Conformity; Declaration of Conformity with Test Report; Certification based on Type Testing; Certification based on Type Testing and Periodic Product Evaluations; Certification based on Type Testing, Periodic Product Evaluations and System Evaluation Management) the models: Labeling and other: established in Own Operating Procedure.



In changing technical requirements:
For products subject to Declaration of Conformity, when applicable, a deadline of up to 6 (six) months has been established after the new technical requirements comes into force to comply with the new requirements.

Suspension and Cancellation of Certificate of Conformity
It is no longer mandatory to notify by Anatel the certificate applicant of the suspension of its validity, through postal service with proof of receipt.

Market Supervision Program:
Telecommunications products may be submitted to a Market Supervision Program, whose purpose is to verify that products approved by Anatel still in compliance with the Technical Requirements.

Anatel will develop this activity, with the support of the Designated Certification Body (OCD).

Applicants:
1) Exemption from Anatel Fees;
2) Registered the fact that the national manufacturer should be the applicant himself for the certificate of technical conformity and approval;
3) The applicant shall promote any adjustments and diligences requested by Anatel, within the indicated period, otherwise the lack of interest and consequent cancellation of the homologation request will be characterized. Disinterest is also characterized when, after notification, the Applicant does not comply with the requested steps or does not manifest within 30 (thirty) days.
4) Identification of the homologation (Anatel label) must be made before the imported telecommunications products, intended for commercialization, enter the country, except in the cases and situations defined in the Operational Procedure.
5) Possibility of transferring or sharing the right to market the product for telecommunications in the country.
Testing Laboratories:
Anatel in the Operational Procedure and in the Technical Requirement will establish the order of laboratory priority. Currently, this prioritization is made as established in Management Instrument 01 (IG-01).
Designated Certification Body – Designation of Certification Bodies:

Here the link to the Resulotion No 715