General Letter issued to TEC regarding Mandatory Testing

12th  March, 2018

To:
Shri  Shakeel Ahmad,
DDG (Telecom Certification)
Telecom Engineering Centre
Khurshid Lal Bhawan
Janpath, New Delhi 110 001

Sub :Setting up of Testing Labs to implement Mandatory Testing & Certification of Telecom Equipments

Dear Sir,

We thank you very much for your email dated 1st March informing a meeting on 16th March, 2018 at 1430 PM. We confirm we would join the said meeting.

We thank you for your vision in the said email as given below:

“During these meetings and separately, several issues related to the implementation of the MTCTE scheme have been brought to our notice and attempts have been made to resolve these. A number of clarifications have also been put on TEC’s site for obtaining comments/ feedback, after which these will become final.
There could still be some general issues related to the implementation of the MTCTE, which might not have come to the notice of TEC so far.”

We would like to place on record our sincere appreciation and compliments to TEC for convening MATCOF meetings in very good manner and giving full time to delegates to discuss the issues and also 100% sincere efforts on the part of each and every DDG in TEC to arrive at solution and we specially acknowledge and compliment the role of Sr. DDG for his leadership and Mr Shakeel Ahmad, DDG TC, who joins mandatorily all the MATCOF meetings and always gives clarity in policy and procedure matters. It is also great that there is a team work in TEC, wherein all MATCOFs are participated by large number of DDGs of various Groups. We are taking liberty of sending this letter to all DDGs for their appreciation.

We would also like to thank you for giving us the opportunity to participate in the stakeholder deliberations convened by various divisions under TEC and provide our feedback.

Now coming to issues, we would like to submit below. Some critical and sensitive issues have been submitted separately only to the concerned officers.

General

1. We once again compliment the NDA Government led by our beloved Hon’ble Prime Minister, Dr Modi, leadership of Hon’ble Communication Minister, Sh. Manoj Sinha and DOT/TEC in issue of Mandatory Testing and Certification of Telecom Equipments as notified by the Department of Telecommunications vide G.S.R. 1131(E) dated 5th September 2017 and for the concept of Essential Requirements (ERs) to implement the same.
2. We all know that there was and there is 100% resistance from all foreign vendors and several Indian Companies and their so called Indian or foreign associations and several so called industry experts to oppose Mandatory testing. TEMA is the only industry association who has been demanding mandatory testing since 2010  and was instrumental in its approval 3-4 years back and even now in the two days initial conference on Mandatory Testing, TEMA was the only association who supported and advocated for this.
3. It is our duty and responsibility as TEMA and as Country to see the successful implementation of mandatory testing.
4. As you know TEMA is the first and the oldest association formed in June 1990 and has been regularly contributing in development of manufacturing and development of telecom equipments and matters pertaining to TEC,BSNL,QA, DOT, MTNL etc.
   TEMA is also one of the rare association where atleast one of the founder members is still continuing for last 28 years in the association and is now Chairman Emeritus, not working for any industry/company after March,2005 i.e. for last 13 years, which brings rich experience in the association. TEMA also has experience of testing/procedures/difficulties in implementation by TEC/BSNL-MTNL QA/T&D, private labs and BIS etc.
5. Our support to mandatory testing is due to our firm belief that it is necessary in the interest of National security as also to promote local manufacturing, Make in India and we are committed to that.
6. Hence it is our sincere effort to make mandatory successful and we want to be 100% sure of its success without any fail. Our suggestions below are directed in this direction

General Submissions:

1. There is complete change in focus of TEC with the work of mandatory testing. The GR/IR are not mandatory and were used primarily by Government operator for procurement and there were limited number of issues. The purchaser always has the choice of specifying its own specifications in place of TEC GR. There were also provision of optional specifications and relaxations available if needed and test reports of other labs from India or abroad were accepted. The testing was mostly conducted in the premises of the supplier/manufacturers with their test instruments and staff or on any contracted premises and may be borrowed staff. These choices are not available in ER/mandatory testing. It is well to be remembered that even BIS is not mandatory on all products in India.TEC Staff need to be sensitized in this behalf while framing ER.
2. We as Indians and the TEC/DOT/Govt  needs to appreciate that every now and then any new association/forum/group comes up by any name to so called represent any particular Country or Product or Technology or Standard. Almost all of these associations/groups are headed by a person from a particular industry and their main mandate is to lobby for that particular mission with least interest to think of India as a Country or its National Security. Some time they are registered some time not. Sometime they exist just on paper. Sometime they may have website sometime not. There is need to streamline this to ensure proper views.
   Our request is that let TEC start a process of enlisting the associations/groups/forums and one of the criteria should be that they are in operations atleast for last 5 years. TEC may form a Committee to deliberate on this matter.
3. Among several stakeholders who participate the MATCOF are existing/probable lab companies and equipment suppliers to labs. On several occasions, the tendency is to increase the tests as much as possible including those involving heavy investments in lab equipments. There is need to sensitise every DDG in TEC to keep a strict watch that unnecessary tests are not increased.
4. We have been witness to MATCOF meetings, where the TEC Officers and industry have been competing with each other to show and prove their technical competence and over zeal to include more and more tests, simply on the logic that this test can be done.All officers of TEC need to be sensitised against this tendency of showing technical competence and increase of tests.
5. Understandingly there is visible pressure on all officers to hurry up the process of MATCOFs and to always show urgency to complete the working for preparation of ER. WE have also seen that ERs are discussed in the absence of any manufacturer to represent the particular product or a large number of ERs are finalised within hours of meetings. Any time sought by industry to respond is viewed is seen as handicap to achieve time limits. It is forgotten that several months or years are taken by TEC/BIS/ITU/ETSI/IETE etc. to finalise the specifications and requirements. It is also forgotten that there always has been issue of delays in getting technical comments from industry for the simple reason that appropriate technical staff is not available for joining the MATCOF or other TEC meetings.
   We have a choice of hurrying up making of ER and then facing multiple questions during implementation and entertaining requests of postponing the implementation date OR while doing the work of ER keep away the time line pressure initially and not hurry up.
6. As of now ERs are being finalised on the assumption that test labs will come up. It needs to be remembered that test labs will come up depending upon their financial viability and entrepreneurship. So framing of ER is not a guarantee of test lab within any specified time. The timely availability of test lab will be very critical to ensure the implement ability of mandatory testing.  We also have to be cautious not to lend up in a situation of a monopoly lab for any particular product or lab. We are rigid as of now that we will not accept test results from other labs after a specified date. The sanctity of that date will be linked to availability of adequate number of test labs. And here is the urgency and fast availability of TEC’s own test lab will become very critical. In the absence of available labs, TEC will have to deal with numerous requests for extension.
   One safeguard against this is that while framing ER, we try to limit the requirements to bare minimum and not to show of technical competency and enlarge the tests.TEC DDGs needs to be sensitized in this behalf

Specific Requests:

1. It is important that we have Government labs for success of Mandatory Testing and to provide option to private labs. Thankfully the Issue number 16 of clarifications set 2 posted on TEC website clarifies that testing can be done in either RTEC or designated Lab of TEC. At present there are four TEC Regional Labs, Delhi, Mumbai, Bangalore, Kolkatta. The fours labs are not at all sufficient to cover entire India.There is need for at least one RTEC in all the States of India. If not in all States, then minimum it is submitted that the number of RTECs may be increased from 4 to 12 by adding eight more RTECs.
2. It need to be appreciated that mandatory testing for the entire Country for imports and local manufacturers of all telecom products that are capable to be connected to network....is very big and herculean task. There is full fledged BIS to take care of such work. Till date the activities of TEC were supported by a bare minimum staff. The existing staff strength of TEC is capable of handling the existing workload and mandatory testing shall bring in exponential work and time pressures.  TEC need to be properly staffed for this purpose.Hence we also pray and submit that the adequate staff be provided to all TEC HQ and regional offices. A urgent committee with industry participation may formed to work out staff requirements and action taken to fill in the same within next three months compulsorily.
3. We request to do away even completely even thinking of any certificate or test, where there is monopoly of a private entity, on which Government has no control whatsoever. One such case was seen in one the MATCOF and the same has been raised up with concerned TEC division.
4. The Issue Number 16 in Clarifications Set 2 clarifies that the testing can be done in recognised CAB of MRA Partner country.  We request that this be expanded to include the recognised Labs having MOU with TEC.
5. Till date the procedure for EMF/EMC testing was based on test results from accredited lab. The mandatory testing does not envisage that.We request that for the time being the existing process be continued.
6. During implementation of Mandatory testing, several questions will come up every now and then requiring immediate and on the spot solutions.
   We request a empowered committee of three TEC officers and at least one industry representative to take on the spot decisions and upload them on website without going through lengthy procedures. If any such committee already exist, we request TEMA participation for the same.
7. We also request for formation of a Forum with TEC/Industry/associations meeting at least once in three months to take stock of any issues arising during implementation that may have remain unsolved or needed some other directions/guidance.
8. We cannot leave that decision entirely in the hands of private labs to decide the fees and time by taking the shelter that it is for lab to decide. Government is mandating the test and hence Government is answerable to fix the fees and time lines. This has been one of major issue during testing of telecom products in BIS. It is also to be appreciated that all costs on testings by private labs are ultimately to be borne by the customers and Government should not be the reason to be high cost of equipments for customers. There are also cases where testing costs in India has been made abnormally high and also varying from lab to lab. For example the EMI/EMC test costs in India is about Rs 6.00 lacs as compared to about Rs 3.00 lacs in China.The MTCTE already prescribed fees for TEDC evaluation and certification vide Table I and Table II. The same be extended to the private Labs also.
   Hence while accrediting the test labs, we humbly and strongly request that the test labs be made to declare the test fees and time require for test on their web site and TEC websites.
9. We also request that TEC while designating labs, TEC  must ensure:
   1. that TEC has right to ask and it gets information on numbers of products tested/time taken and any complaints received from applicants.
   2. that test labs prescribes the fees on its portal
   3. that applicant for Mandatory testing shall have right to appeal to TEC, if he faces any issues with test labs.
   4. that the test lab shall follow all laws/directions and rules as applicable in India. This is so because there may be some 100% foreign labs, who refuses to supply/cooperate with Indian Government on some matters specially sensitive/national security matters.
   5. that the lab will supply such data and information as may be required by TEC for response to RTI, parliament scrutiny etc.
   6. that the test lab will share with TEC data observed during testing, which may have repercussion on national security, safety.
10. It is submitted that clause 6.0 of MT&CTE ( read with Annexure I ) requires compliance with regard to EMI/EMC, safety, technical requirements, security requirements AND OTHER REQUIEMNTS AS NOTIFIED BY TEC/DOT/ANY OTHER GOVT AGENCY FROM TIME TO TIME.
    We have concern on “any other Govt. agency”. TEC or mandatory testing is not a super compliance of the Government of India for all acts, regulations. For example Mandatory testing is not supposed to see compliance of GST/Income Tax/Customs Act etc. etc. There are independent agencies notified to take care of that. Mandatory testing can be at most depository to ensure compliance as notified by DOT/TEC.
    We request for a clarification in this behalf and if need be amendments in MT&CTE, which is within powers of TEC.
11. The period of maximum six months old of test labs from accredited labs mentioned in clause 7.1 of MT&CTE be increased to 12 months please to ensure smooth implementation and compliance.
12. Thanks for Table I for SCS and Table II for GCS. The mobile phone as of now is in Table II. Sir this is mass consumption product on which several important projects of Government of India are dependent. This also resembles various products in table I. Hence is it requested that the mobile phone be specified in Table I.
13. We understand that pursuant to Section IV of the MT&CTE, some discussions are being held with regard to surveillance. We request TEMA to be made a member of this group/Committee, so that useful inputs are given for smooth compliance and implementation.
14. Our experience in MATCOF meetings has shown that on several occasions there is not clarity in between SCS and GCS. We request that all officers may please be sensitized for SCS and GCS, which according to us means:
    1. SCS is applicable for 20 equipments in Table I, which includes equipments like POS, CLIP Phone, Cordless phone, KTS, EPBT, 2 line feature phone, V.92 Modem, pay phones etc. Here the testing has been done by a designated lab. The date of lab test should not be more than 6 months old. For certification to be applied on TEC portal on line. Test wise compliance sheet along with Self declaration of Conformity ( SDoC) is to be submitted.  Normally certificate would be issued on the basis of SDoC within 15 days from date of application of registration. 
    2. GCS is applicable for 28 equipments in Table II, which includes like ADSL, Routers, ATM Access equipments, IM Media gateway, LAN Switch, SI terminals, Radio Modems etc. Here the applicant has to apply on line to TEC portal. After payment of fees, the equipment has to be got tested. The test results would be directly uploaded by test lab on TEC portal. The test reports shall be evaluated by TEC and certificate issued normally within 4-8 weeks of date of submission of complete test results.

Thanking you,

Prof. N K Goyal
Chairman Emeritus, TEMA
Email : nkgoyals@yahoo.co.in

Cc :     Sh. Mahabir Parshad, Sr. DDG, TEC/All DDGs in TEC