2. Interfaces between networks and terminals: approval procedures

Before coming onto the market, telecommunications terminals are required to go through a special approval procedure. According to a European Union directive, this involves verifying that the terminal equipment complies with a certain number of essential requirements in the following areas:

This procedure is a powerful means of ensuring the increasing harmonisation of networks and the unification of the market for terminal equipment in Europe. By ensuring the transferability of the equipment from one network to another, it guarantees that the purchaser of a terminal is independent of the network operators.

The technical specifications for approval are increasingly harmonised in the European Union. This is a result of promoting the adoption of standards set by ETSI, certain of which have been transposed into common technical regulations (CTR). CTRs are mandatory throughout the Union and compliance with them ensures that a terminal can circulate freely from one country to another. The DGPT also takes part in official bodies that draw up the specifications — ETSI, TRAC, and the ACTE Committee — as well as in the groups harmonising approvals procedures, such as the ADLNB (see figure).

TRAC

TRAC (the Technical Rules Application Committee) was created in its current form by a memorandum of agreement signed in 1991 following the publication of the Telecommunications Terminal Equipment directive. This agreement provides that the European Commission (in practice, the ACTE Committee) should consult TRAC regarding the drawing up of CTRs.

TRAC includes 39 members, consisting of the national authorities from the 15 Member States of the European Union in charge of implementing the telecommunications technical regulations (the DGPT for France) along with those from Bulgaria, Iceland, Norway and Sweden, together with the operators of the public telecommunications networks in these countries. The European Commission, representatives from ETSI, and manufacturers take part in TRAC as observers.

TRAC plays the role of a "think tank" and, at the request of ACTE, comes up with specific definitions for the sphere of applications of future CTRs. It monitors the way in which ETSI draws up these CTRs, which are then submitted for the opinion of ACTE.

Finally, specialised working groups from TRAC propose adjustments and changes to the CTRs in order to resolve problems encountered during the approvals process for the different terminal equipment (in particular, ISDN and GSM).

The ACTE Committee

The ACTE Committee (Approvals Committee for Terminal Equipment) was created by Directive 91/263/EEC on telecommunications terminal equipment, including the mutual recognition of their conformity.

The ACTE is a regulatory committee responsible for helping the European Commission adopt decisions implementing Common Technical Rules (CTRs) and, more generally the terminal equipment directive by the 15 Member States.

The ACTE, which is made up of representatives of the Member States (the DGPT represents France), along with a number of observers (Norway, Switzerland, ETSI and a few manufacturers) meets in Brussels bimonthly.

Since it was founded, the ACTE has approved 9 draft decisions on CTRs. Fifteen others are being prepared. (Note: the list of CTRs is given in the appendix.)

The ADLNB

The ADLNB (Association of Designated Laboratories and Notified Bodies) has about 40 members, including full members, associated members (including the DGPT) and observers. ETSI and the secretariats of the EFTA and the ECTEL have observer status.

Created in November 1991 to develop the co-operation needed between the different parties involving in setting up the approvals procedures, the ADLNB is organized around a Management Committee that holds plenary sessions three or four times per year, along with ad hoc groups responsible for dealing with specific technical problems.

The ADLNB first worked on implementing European Technical Standards (ETS), and more recently has focused on publishing a guide on the application of TTE directive 91/263/EEC and its appendices.

This applications guide was submitted for the approval of the Commission at the beginning of 1995.

During 1994, there was progress in developing specifications in several areas.

For analogue terminals for the general telephone network, the NET 4 standard was revised and non-essential requirements were eliminated.

For NUMERIS, a new approvals procedure was developed based on the NET 3 and NET 5 standards, with additional specifications for France. These specifications must also apply to terminal equipment meeting the interim CTRs defined by the Commission at the end of 1994. (Note: the complete list of these European standards is given in the appendices.)

The field of radio terminals saw the publication of national specifications based on ETSI standards for low power equipment in the 25-1000 MHz bands, for trunked radio network data terminals, for 2.5 GHz RLANs, for DCS 1800 mobile telephones, for radio relay systems operating at 23 GHz to 38 GHz, and for maritime radio sets. National regulations were also set.

At the same time, after consultation with the sector, the approvals procedure was modernised and streamlined. These measures are aimed at making the granting of approval more transparent by more sharply formulating the different procedures and above all by establishing a very clear separation between the testing of the equipment and the granting of the approval itself. The new procedure, which came into force in 1994, shortens deadlines and clarifies the relationship between the manufacturer, the test laboratory, and the approvals notification institution. It should lead to sharper competition between laboratories. There were 1318 approvals this year, i.e., an increase of 28% over 1993. In addition, 200 test reports were examined based on the results of tests using ETSI standards by designated European laboratories.

Approvals granted in 1994

There are five basic technologies:

  • data transmission
  • ISDN
  • telephony
  • private switches
  • radio

and three sources for terminals:

  • France
  • European Union
  • other countries

France

European Union

Other countries

Total

Data transmission

203

33

81

317

ISDN

30

12

12

54

Telephony

106

7

76

189

Private switches

90

19

6

115

Radio

141

370

132

643

Total

570

441

307

1318

There are various forms of the approvals procedure. The most common is quality control of a standard unit, followed by quality control of the manufacturing process. The DGPT is making efforts to set up new test laboratories in France, which should come to fruition in 1995. The Terminal Equipment directive, it should be noted, calls for full quality control. This procedure was applied for the first time when the Alcatel company was granted approval for the manufacture of telephone sets and answering machines. Since June 1994, the regulator has been a part of the Quality Control Office of COFRAC, the French approvals committee in charge of setting up a programme for the approval of test laboratories and the search for technical experts.

APPROVALS:

Strengthening quality control,

a number of significant legal decisions

In 1994, after investigations by officially designated agents of the DGPT and its field service, the SNR, 106 companies were charged with the sale of non-approved telephone units or with advertising for these products, resulting in 7,197 fines.

At the same time, a programme of controls on the manufacturing of approved products was set up which this year led to 7 withdrawals of approval and 11 suspensions.

A number of important decisions were handed down in criminal proceedings during the year, both at the district level and on appeal:

There were 58 cases in 1994, with 58 convictions, resulting in fines of Ffr 220 per terminal.

Two cases not included above led to fines of FFr 2,000 per terminal, covering about 1,000 terminals.

23 cases were heard in 1994, resulting in 19 convictions with an average fine of FFr 10,000 (4 cases were discharged due to procedural considerations).

In one case not included above, the Court was particularly severe, as the company concerned was fined Ffr 200,000! The Court held that "given the size of the profits involved, the potential trouble for consumers, and the unfair competition suffered by companies that respected the law, a sufficiently large fine needed to be imposed...".

The Luxembourg Court of Justice declares the phrase

"for export only" illegal

Some companies selling non-approved terminal equipment believed they could skirt around the ban on the sale of non-approved terminals by telling potential customers that the equipment they were selling was "for export only".

In a decision reached on 11 February 1991, the Paris Court of Appeal followed a number of other decisions in holding that this phrase is ineffective once the terminals are put up for sale in France.

The Court of Justice of the European Communities (CJEC) of Luxembourg reached the same conclusion in a decision of 12 July 1994 in response to a preliminary question posed by a French criminal court.

3. Good use of the radio spectrum

4. Changes in technical standards

Chapter X