Circular No. 36/2009/TT-BTTTT stipulates technical conditions and operation for short-range radio equipment that requires conditional use.

CIRCULAR

Regulations on technical conditions and operation

for short-range radio devices subject to conditional use

___________________________

MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Post and Telecommunications Ordinance dated May 25, 2002;

Pursuant to Decree No. 24/2004/NĐ-CP dated January 14, 2004 of the Government detailing implementation of certain provisions of the Post and Telecommunications Ordinance regarding radio frequency spectrum;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

At the proposal of the Director of the Radio Frequency Management Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. Scope of Regulation and Applicability

This Circular stipulates technical conditions and operation for short-range radio devices with limited power and low potential to cause harmful interference that are subject to conditional use. This Circular applies to organizations and individuals involved in managing, using, producing, importing, and trading short-range radio devices subject to conditional use.

Article 2. General Conditions

1. Short-range radio devices meeting the technical and operational conditions set forth in the corresponding Appendices (from Appendix 1 to Appendix 10) of this Circular may be conditionally used without a radio frequency spectrum license.

2. For short-range radio devices not meeting the correct technical and operational conditions set forth in the corresponding Appendices (from Appendix 1 to Appendix 10) of this Circular, organizations and individuals may only use them when they have a radio frequency spectrum license.

3. Short-range radio devices must not cause harmful interference to radio devices already licensed for radio frequency spectrum, radio devices permitted to operate by the regulatory authority, and must accept interference from other radio devices. In case of harmful interference caused by short-range radio devices, organizations and individuals must immediately cease their use and may resume operation only after the interference has been resolved.

4. Short-range radio devices must accept interference caused by industrial, scientific, and medical (ISM) applications when operating in the following ISM bands:

a) Band 13.553 ÷ 13.567 MHz;

b) Band 26.957 ÷ 27.283 MHz;

c) Band 40.66 ÷ 40.70 MHz;

d) Band 2400 ÷ 2500 MHz;

e) Band 5725 ÷ 5875 MHz;

f) Band 24000 ÷ 24500 MHz;

5. The production and import of short-range radio devices subject to conditional use must comply with legal regulations on importation, certification, and declaration of conformity.

6. Short-range radio devices subject to conditional use must comply with frequency and emission stage conditions specified in Appendix 1 of this Circular.

Article 3. Technical Conditions and Operation for Specific Types of Radio Devices

Technical conditions and operation for specific types of radio devices are stipulated in the following Appendices of this Circular:

Article 4. Organization of Implementation

1. This Circular takes effect from February 1, 2010, and replaces Decision No. 47/2006/QĐ-BBCVT dated November 29, 2006 of the Minister of Posts and Telecommunications on the issuance of "Regulations on technical conditions and operation for short-range radio devices subject to conditional use."

2. The Director of the Office, the Director of the Radio Frequency Spectrum Management Department, heads of agencies and units under the Ministry of Information and Communications, organizations and individuals using, producing, importing, and trading short-range radio devices are responsible for implementing this Circular.

3. During implementation, if there are difficulties, organizations and individuals should promptly report to the Ministry of Information and Communications for guidance or review, amendment, and supplementation./.