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| 7th Report of Market Access Ombudsman Council (March 18, 2002) |
1. Complainant: Hiroshima Chamber of Commerce and Industry
2. Ministry concerned: Ministry of Pulic Management, Home Affairs, Posts and Telecommunications
3. Complaint:
We had to give up on our plan to import radio equipment (a computer peripheral with a transmission power of about 0.01w) from Taiwan because we found that the relevant law and ordinances require that the equipment in question be brought in to a designated testing organization for one-by-one inspection.
Since expenses for the inspection and bringing in the equipment to a testing facility are too heavy a burden for the importer, they should be simplified and rationalized.
Meanwhile, we have heard that the products of major Japanese manufacturers are exempt from one-by-one inspection if their production lines, etc. are certified beforehand.
Amid calls for promoting small and medium-sized enterprises and venture firms, we want the ministry to take measures to reduce the burden on smaller businesses, such as easing the regulation on "one-by-one inspection" and "bring-in inspection."
Examples
(1) With regard to terminal equipment that uses radio waves under restriction of the Telecommunications Business Law, 1) in the case of extremely low power equipment (terminals that uses extremely low power), although they are exempt from Technical Regulation Conformity Certification stipulated in the Radio Law, they need to be confirmed as being extremely low power and a copy of the performance certification must, in principle, be attached to an application for technical regulation conformity certification, and 2) in the case of low output cordless telephones and medium radio LAN terminals (ratio stations with antenna power of less than 0.01w and designated by ministerial ordinances), they are subject to technical regulation conformity certification stipulated in Article 38-2-1 of the Radio Law.
Since one-by-one inspection of the equipment above is too heavy a financial burden for small and medium-sized enterprises that are making efforts to reduce purchase costs as much as possible, we would like the ministry to change from one-by-one inspection to sample inspection and reduce fees for sample inspection.
Inspection service is provided only by the Telecom Engineering Center (head office and branch offices). We would like the ministry to make it possible for us to utilize not only the Telecom Engineering Center but other inspection organizations as well.
After giving up on the plan to import the equipment in question, we have learned that there is a dispatch certification system. We didn't receive any information on the system before. We want the ministry to make the system well known and easy to use for small and medium-sized enterprises by specifying the details of the system, including 1) what is covered by the system (production line, each material, etc.), 2) inspection costs, and 3) the time required until undergoing inspection after application.
(2) With respect to the extremely low power equipment that does not require a radio station permit from the Minister of Public Management, Home Affairs, Posts and Telecommunications under the Radio Law, although certifying that the field density of the equipment is within the range set by the Radio Law is optional, violators of the Law will be penalized. Therefore, it is advisable to have it certified.
However, since certification inspection is performed only at a limited facility (Matsudo Laboratory of Telecom Engineering Center), importers in places distant from the laboratory find it difficult to utilize the facility. We would like the ministry to take measures to make it easy for importers in remote areas to utilize the facility.
4. Corresponding Policy of the Ministries concerned:
The technical regulation conformity certification system was introduced to reduce financial and time burdens on telecommunications operators by omitting inspection of the connection of telecommunications terminal equipment, such as mobile phones, to a telecommunications network done by telecommunications operators.
Under the system, "procedures for certification of design" and "procedures for omitting part of examinations, in the case where a recognized test operator submitted test results of applied equipment to a designated certification organization," in addition to "procedures for certification of individual equipment," have already been introduced.
As a result of the enforcement (November 2001) of the law that revised part of the Telecommunications Business Law, the requirement of being a public corporation was deleted from the criteria for being designated as a designated certification organization, opening the way for profit-making organizations to enter the market. We believe the introduction of competitive forces will promote competition among designated certification organizations and result in diversifying services and lowering fees, based on market forces.
The Telecommunications Business Law prescribes that the names of designated organizations that are designated by the Ministry of Public Management, Home Affairs, Posts and Telecommunications shall be published. The names are carried in the official gazette. The Japan Approvals Institute for Telecommunications Equipment (JATE), a designated certification organization, makes known the costs and the time required for examinations under the approval or certification system through its pamphlets and Internet websites.
(1) The technical regulation conformity certification system for specified ratio equipment was established to alleviate the financial and time burdens borne by license applicants and licensing authorities by simplifying and rationalizing licensing procedures for specified radio equipment, such as mobile phones.
Under the system, in addition to "procedures for testing equipment one by one and certifying the equipment one by one," "procedures for testing a sample of each type of radio equipment ("construction design") and certifying the construction design in question" have already been introduced. Therefore, "one-by-one inspection" is not necessarily required. Moreover, procedures for omitting part of examinations, in the case where a recognized test inspector submitted test data on applied equipment to a designated certification organization, have also been introduced. Therefore, "bring-in inspection" is not necessarily required.
As a result of the enforcement of the law that revised part of the Radio Law in July 2001, the requirement of being a public corporation was deleted from the criteria for being designated as a designated certification organization, opening the way for profit-making organizations to enter the market. We believe the introduction of competitive forces will promote competition among designated certification organizations and result in diversifying services and lowering fees, based on market forces.
The Radio Law prescribes that the names of designated organizations that are designated by the Ministry of Public Management, Home Affairs, Posts and Telecommunications shall be published. The names are carried in the official gazette. The Telecom Engineering Center, a designated certification organization, makes known the costs and the examination time required for the dispatch certification system and certification system through its pamphlets and Internet websites.
(2) Performance certification for extremely low power equipment is optional and it is up to manufacturers to decide whether to have their products certified or not.
Incidentally, in order to respond to voluntary applications for performance certification from people in far-away places, the Telecom Engineering Center accepts application and equipment to be certified by mail, if the application is made beforehand.
5. Remarks
The complainant accepted this policy.