16.4. Equipment market


In its oversight of compliance with Decree-Law no. 192/2000 of 18 August, which establishes the regime governing the free circulation, placing on the market, and putting into service in Portuguese territory of radio equipment and telecommunications terminal equipment, ICP-ANACOM conducted 141 direct enforcement actions targeting economic agents (distributors, importers, retailers). In total, 1,491 devices were inspected, 1,274 devices seized and 105 cases referred to litigation.

Oversight of the market also requires the use of laboratory testing (performed in ICP-ANACOM laboratories) and examination of technical documentation to verify equipment conformance. In this context, 132 cases were opened during the year and 133 devices tested (of which 124 were radio devices and 9 terminal devices).

In light of these inspections and subsequent laboratory and technical documentation analyses, a total of 158 cases were referred to litigation as a result of detected non-conformities. Among these non-conformities, note is made of non-compliance in the provision of technical documentation (including test reports giving evidence of conformity), as well as absence of declarations of conformity and manuals in Portuguese.

Where radio equipment uses frequency ranges not harmonised across the European Union, the manufacturer, the legal representative thereof or the importer is required to notify ICP-ANACOM four weeks prior to placing equipment on the market, in accordance with article 9 of Decree-Law no. 192/2000 of 18 August. This notification is always subject to a review by ICP-ANACOM. Failure to comply with ICP-ANACOM's instructions with regard to these devices can lead to a restriction being placed on their entry into service. In addition, the restrictions stipulated to those responsible for placing the equipment on the market must be reflected in the information provided to the equipment's users.

In 2011, 765 notifications were made under article 6, paragraph 4 of Directive no. 99/5 (R&TTE); 108 of these were found to be incorrect and 29 responses/analyses were received to notifications (corresponding to article 9 of Decree-Law 192/2000 of 18 August - referred to above). In the same period, ICP-ANACOM received four safeguard clauses under article 9 of this Directive, referring to equipment prohibited in the European market.

Also during 2012, and following requests for information in the context of R&TTE from representatives of equipment manufacturers or other undertakings responsible for placing equipment on the market, 23 requests for information were concluded which, in most cases, entailed technical analysis.

There is currently a discussion of an EC proposal for the revision of the R&TTE directive which may determine changes in the equipment market.

16.4.1. Laboratory activities

ICP-ANACOM has an important laboratory activity, which complements performance of its inspection activities, insofar as oversight of the equipment market often entails sending equipment to the laboratory for testing. However, the activity of the LEC - Laboratório de Ensaios e Calibração (Testing and Calibration Laboratory) also performs electromagnetic compatibility tests and equipment calibration to external customers and is not limited to supporting ICP-ANACOM's investigations.

The laboratory was subject to a follow-up audit by the evaluation team of IPAC - Instituto Português de Acreditação (Portuguese Institute of Accreditation) in June 2012, whereby its accreditation was maintained.

The LEC took part in a bilateral comparison with the English laboratory RFI Global Services Ltd. in the areas of electromagnetic compatibility (EMC). This was undertaken pursuant to the requirement imposed under standard NP EN IEC/ISO 17025 (participation in inter-laboratory comparison programmes). The results obtained in the two laboratories were similar, supporting the conclusion that there is a high reproducibility of the methods used.

The main actions undertaken with regard to the radio and telecommunications terminal equipment market and the work done in the LEC is detailed below.

  • Actions taken in the context of the market of radio and telecommunications terminal equipment

Market and industry controls were also performed in 2012, through the verification of the essential electromagnetic compatibility requirement in electronic communications equipment covered by Decree-Law no. 325/2007 of 28 September, with opinions also issued in this area in support of legal proceedings.

Technical verification actions were also performed in the laboratory, involving equipment using Powerline Communication (PLC) technology, while following the international standard activity at the level of the European Committee for Electrotechnical Standardization, CENELEC TC210 and, nationally, the work of the CTE210 Specialized Technical Committee.

  • RAD - Área de ensaios radioelétricos (Radio Testing Area)

In providing oversight of the radio equipment market (R&TTE Directive), 230 radio devices were tested, 158 taking place in the context of market investigations, 70 referring to investigations into the use of radio spectrum and 2 referring to participation in the 5th Market Surveillance Campaign focusing on WLAN in the 5 GHz band.

The following actions also occurred in 2012 in the area of radioelectric testing:

- Establishment of a cooperation agreement with Vodafone with a view to inter-laboratory comparison in the measurement of electromagnetic fields generated from GSM and UMTS base stations, with one action already performed on the premises of the LEC (semi-anechoic chamber).

- Study/development of the estimation of uncertainties associated with radiation measurement, specifically effective radiated power, in view of the possibility of LEC accreditation in this area.

- Development of a spreadsheet of initial uncertainties, based on the study of technical reports: TR 102 273 and TR 100 028, whereas at first sight, the sources of uncertainty were accounted for in accordance with the examples cited in these technical reports.

- Further studies and testing aimed at increasing the number of features verifiable at the laboratory.

- Completion of the ANACOM - IST project, aimed at determining the minimum separation between channels that allows communication without interference, based on the channel separations of 12.5 kHz and 25 kHz.

- Preparation of a test procedure in order to optimize/streamline radiation measurements of RF signals in the range of 30 MHz to 4 GHz in LEC's semi-anechoic chamber.

- Definition of minimum specifications for acquisition of dedicated measurement equipment, in order to implement new measurement methods in accordance with version 1.8.1 of EN 300 328.

  • Electromagnetic compatibility testing (EMC)

138 devices were tested during the year, of which 125 were tested for the purpose of market oversight pursuant to the R&TTE Directive and 13 were tested at the request of external entities.

During the year, the area was upgraded with broadband vector generators (LTE and DVB-T) to provide support in the response to electromagnetic compatibility problems and others problems arising from the new radio environment in the context of the Digital Dividend. Testing has been developed for application in the characterization of LTE filters for DVB-T and shielding efficiency.

  • CAL - Área de Calibração (Calibration Area)

In 2012, 189 calibration operations were performed with respect to measuring equipment, enacting ICP-ANACOM's equipment calibrations plan. A further 25 calibration operations were performed on equipment from external customers.

In 2012, the accreditation granted by IPAC according to NP EN ISO/IEC 17025 was maintained for performing electric and frequency calibrations, and the laboratory's accreditation was extended to cover calibration of AC power and resistance.

The standard frequency was provided from the LEC and from the monitoring centres of Barcarena, Porto, Madeira and the Azores.