TAC and Cell Broadcast required for cell phones
The Ministry of Transportation and Communications – MTC (Telecommunications Authority in Peru) has issued some changes to the “Specific Regulation of Homologation of Telecommunications Equipment and Apparatus”, approved by Supreme Decree N° 001-2006-MTC. Two Supreme Decrees were issued that modify it: D.S. N° 019-2019-MTC (June 2019), and the D.S. N° 038-2019-MTC (December 2019).
Mobile terminal equipment must have two conditions to be approved:
- Cell Broadcast: It requires to provide a letter from the equipment manufacturer stating that the cell phone have have the cell broadcast system or “cell broadcast”, so that they receive messages when the Emergency Early Warning Messaging System – SISMATE, is put into operation, in charge of the MTC.
- TAC Number: Imported equipment must correspond between the TAC number (the first eight digits of the IMEI code, which is the unique identifier of the equipment) and the database of GSM Association (GSMA).
The D.S. N° 038-2019-MTC modifies the D.S. N° 019-2019-MTC. In document D.S. N° 038-2019-MTC, in its annexes, the MTC explains the reasons for the modifications. Among the most relevant, in terms of type approval, we make the following comments.
The D.S. N° 038-2019-MTC delimits the scope of the enforceability of equipment approval requirements, referring to the functionality of Cell Broadcasting and the presentation of the copy of the certificate or document that records the specific absorption rate (SAR); and, details are made regarding the application of exceptions to obtaining the definitive internment permit, as well as the validity and cancellation of approval certificates issued prior to DS N ° 019-2019-MTC.
On the other hand, the Second Transitory Supplementary Provision of Supreme Decree N° 019-2019-MTC regulates the validity of approval certificates issued by MTC prior to this regulation, for those equipments that not meet the requirements that were incorporated with that Decree; that is, the indication of the TAC and the functionality of Cell Broadcast. For this purpose, it was established that these certificates would be in force until April 5, 2020, in order to guarantee the operation of such equipment until that date, after which the certificates would be canceled and, therefore, according to the “National Registry of Mobile Terminal Equipment for Security – RENTESEG Law”, since it is non-approved equipment by MTC, will be blocked as of that date.
Validity (D.S. N° 038-2019-MTC):
- Will be effective from March 16, 2020: Article 1 (Modification of articles 15, 16, 17, 23 and 24 of the General Regulatory Framework of the Emergency Communications System, approved by D.S. N° 051-2010-MTC), Article 2 (Modification of the Basic Technical Numbering Plan, approved by Supreme Resolution N° 022-2002-MTC); and Article 3 (Endorsement).
- It is in force since December 24, 2019: The “Supplementary Modifying Provisions”.
| D.S. N° 038-2019-MTC: | |
| Article N° | Content Summary |
| 1, 2 and 3 | They deal with details of the application of the messaging system for emergency communications, and the numbers assigned for that application. |
| FIRST Modifying Supplementary Provision: Modification of article 159 of the Single Ordered Text of the General Regulations of the Telecommunications Law, approved by Supreme Decree N° 020-2007-MTC. | It deals with the designation of the General Directorate of Telecommunications Programs and Projects of the MTC, as the body in charge of preparing the bases and conducting the public tender. |
| SECOND Supplementary Modifying Provision: Modification of Section 8.1 of Article 8 and the Glossary of Terms of the Specific Regulations for the Homologation of Telecommunications Equipment and Devices, approved by Supreme Decree N° 001-2006-MTC. | Modification of section 8.1 of article 3 and the term “Mobile Terminal Equipment” contained in the Glossary of Terms of the Specific Regulations for the Approval of Telecommunications Equipment and Devices, approved by Supreme Decree N° 001-2006-MTC. Subparagraphs a) and b) were not modified. Subparagraphs c) and d) were also not modified. In subparagraph c) it dictates that in the case of mobile terminal equipment, as well as for wireless and satellite portable telephones, a copy of the certificate or document indicating the specific absorption rate (SAR) issued in the country of origin by a competent authority or Internationally prestigious laboratory. Subparagraph d) dictates that in the case of mobile terminal equipment the number of TACs assigned by the GSMA to each brand and model is included, as well as the manufacturer’s documentation proving that it has the functionality of Cell Broadcast, which allows to be configured with the parameters of the SISMATE. Subparagraph e) were not modified. The MTC adds two new paragraphs to the regulation of section 8.1, referring to subparagraph c) and d): The presentation of the copy of the certificate or document that records the specific absorption rate (SAR) included in subparagraph c) of paragraph 8.1, is only required for the approval of portable mobile terminal equipment whose design implies contact with the user’s body or be close to it according to the normal conditions of use of the equipment established by the manufacturer. The presentation of the manufacturer’s documentation that proves that a Mobile Terminal Equipment has the functionality of Cell Broadcast, which allows it to be configured with the parameters of the SISMATE, contained in subparagraph d) of section 8.1, is required only for the approval of Cell Phones. In the GLOSSARY OF TERMS, the definition “Mobile Terminal Equipment” was modified: MOBILE TERMINAL EQUIPMENT: Equipment that has an IMEI through which it has the ability to connect with the networks of the operating companies, to access mobile public services. |
| THIRD Modifying Supplementary Provision: Incorporation of a term in the Glossary of Terms of the Specific Regulation of Homologation of Telecommunications Equipment and Apparatus, approved by Supreme Decree N° 001-2006-MTC. | The definition of a new term is created and added: CELL PHONE: Portable mobile terminal equipment that allows at least receiving and making phone calls through the mobile phone network. This definition includes smartphones and does not include smart watches or other devices determined by the Directorate General via Direction Resolution. |
| FOUR Modifying Supplementary Provision: Modification of the First Final Complementary Provision and the Second Transitional Supplementary Provision of Supreme Decree N° 019-2019-MTC, Supreme Decree amending various articles of the Specific Regulations for the Approval of Telecommunications Equipment and Apparatus, approved by Decree Supreme N° 001-2006-MTC. | First Final Complementary Provision: Internment permits for mobile terminal equipment: In order to obtain the permit for the internment (see note 1 at the end) of mobile terminal equipment, it is necessary that they be previously approved, article 245-A of the Single Ordered Text of the General Regulations of the Telecommunications Law, approved by Supreme Decree N° 020-2007- MTC. The provisions of subparagraphs a) and c) of numeral 3 of article 245 of the aforementioned Single Text of the General Regulations of the Telecommunications Law do not apply to mobile terminal equipment until April 5, 2020 and, in the case of Cell phones are not applicable, permanently. The issuance of the temporary internment permit is governed by the provisions of the Single Ordered Text of the General Regulations of the Telecommunications Law approved by Supreme Decree N° 020-2007-MTC. Second Transitory Supplementary Provision. Validity of approval certificates issued prior to the standard: Certificates of approval of mobile terminal equipment issued before the entry into force of this provision and that do not have a TAC number assigned by the GSMA to the brand and model of the equipment, are valid until April 5, 2020, then of that period are automatically canceled. The validity of these certificates until April 5, 2020 is only for the purpose of allowing the operation of the equipment that is operating in the networks and these certificates cannot be used to enter equipment into the country or obtain the internment permit. Internment permit is not granted to: a) Mobile terminal equipment that does not have a TAC number assigned by the GSMA to the equipment brand and model. b) Mobile terminal equipment, whose approval certificates are canceled as of April 5, 2020. c) Cell phones that do not have the functionality of Cell Broadcast that allows it to be configured with the parameters of the SISMATE, even if they have approval certificates issued prior to the entry into force of this provision. Certificates of approval of cell phones issued before the entry into force of this provision and that do not have the functionality of Cell Broadcast that allows them to be configured with the parameters of SISMATE, are only valid to allow the operation of said equipment in mobile networks, but not to enable their entry into the country or obtain an internment permit. In order to continue operating, these equipment must have a TAC number assigned by the GSMA to the equipment brand and model. The provisions of the preceding paragraph constitute a case of exclusion for the purposes of registering the terminal equipment on the White List referred to in subparagraph b) of paragraph 5.2 of article 5 of the Regulation of Legislative Decree N° 1338. Legislative Decree that creates the National Registry of Mobile Terminal Equipment for Security, aimed at preventing and combating illegal trade in mobile terminal equipment and strengthening citizen security, approved by Supreme Decree N° 007-2019-IN. The MTC will publish the brand and model relationship of mobile terminal equipment whose approval certificates are canceled as of April 5, 2020 and the brand and model relationship of cell phones that have approval certificates and that do not have the functionality of Cell Broadcast that allows them to be configured with the parameters of the SISMATE. The dictated of this provision do not exclude the application of the provisions of the Regulation of Legislative Decree N° 1338, Legislative Decree that creates the National Registry of Mobile Terminal Equipment for Security, aimed at preventing and combating illegal trade in mobile terminal equipment and to the strengthening of citizen security, approved by Supreme Decree N° 007-2019-IN, as appropriate. Note 1: More information about Internment permits at: https://www.gob.pe/institucion/mtc/colecciones/364-internamiento-de-equipos-y-aparatos-de-telecomunicaciones-dgppc |
On the other hand, in relation to Cell Broadcast functionality, the Ministerial Resolution N° 165-2019-MTC-01.03, modifies the Technical Annex of the “Emergency Early Warning Messaging System – SISMATE”, approved by Ministerial Resolution N° 049-2018-MTC / 01.03. This document describes the definitions of the parts that make up the SISMATE, and shows the technical parameters of the system, including the technical requirements that cell phones must meet.
Links:
| Regulations | Links |
| D.S. N° 001-2006-MTC “Aprueban Reglamento Especifico de Homologacion de Equipos y Aparatos de Telecomunicaciones” | https://www.gob.pe/institucion/mtc/normas-legales/314023-001-2006-mtc |
| D.S. N° 019-2019-MTC “Modifica diversos artículos del Reglamento Específico de Homologación de Equipos y Aparatos de Telecomunicaciones aprobado por Decreto Supremo N° 001-2006-MTC” | https://www.gob.pe/institucion/mtc/normas-legales/308385-019-2019-mtc |
| D.S. N° 038-2019-MTC “Modifica el Marco Normativo General del Sistema de Comunicaciones en Emergencias aprobado por Decreto Supremo N° 051-2010-MTC y el Plan Técnico Fundamental de Numeración aprobado por Resolución Suprema N° 022-2002-MTC” | https://www.gob.pe/institucion/mtc/normas-legales/391670-038-2019-mtc |
| R.M. N° 165-2019-MTC-01.03 “Modifican el Anexo Técnico del Sistema de Mensajería de Alerta Temprana de Emergencias – SISMATE” | https://www.gob.pe/institucion/mtc/normas-legales/283296-165-2019-mtc-01-03 |
| Legislative Decree N° 1338 “Crea el Registro Nacional de Equipos Terminales Móviles para la Seguridad, orientado a la prevención y combate del comercio ilegal de equipos terminales móviles y al fortalecimiento de la seguridad ciudadana” | https://www.gob.pe/institucion/mtc/normas-legales/9880-1338 |
| Emergency Early Warning Messaging System – SISMATE | https://portal.mtc.gob.pe/comunicaciones/sismate/queessismate.html |