Telecommunications (Dealers) Regulations

Source: Singapore Statutes Online | Archived by Legal Wires

Telecommunications Act
(Chapter 323, Section 74)
Telecommunications (Dealers) Regulations
Rg 6
G.N. No. S 185/2003

REVISED EDITION 2004
(31st December 2004)
[2nd April 2003]
PART I
PRELIMINARY
Citation
1.  These Regulations may be cited as the Telecommunications (Dealers) Regulations.
Definitions
2.  In these Regulations, unless the context otherwise requires —
“authorised officer” means any person authorised by the Authority to act on its behalf;
“dealer” means a person who manufactures, imports for sale, lets for hire, sells, or offers or possesses for sale any equipment which is capable of being used for the purpose of telecommunication, and includes an employee of the dealer;
“Dealer’s Class Licence” means a licence referred to in regulation 3;
“Dealer’s Individual Licence” means a licence referred to in regulation 4;
“identity card” means an identity card issued under the National Registration Act 1965;
[S 589/2023 wef 31/12/2021]
“licence” means a Dealer’s Class Licence or a Dealer’s Individual Licence;
“licensee” means a person to whom a licence is granted, and includes an employee of the licensee;
“registered equipment” means any telecommunication equipment registered for sale under regulation 20(6);
[S 478/2005 wef 21/07/2005]
“sale” includes every transaction of or in the nature of barter or exchange, every transaction of hire or hire-purchase and every transaction by which any goods are pawned or hypothecated or as the result of which the ownership of or an interest in goods is or may be transferred or created;
“telecommunication equipment” means any appliance, apparatus or accessory used or intended to be used for telecommunications.
[S 478/2005 wef 21/07/2005]
[Deleted by S 478/2005 with effect from 21/07/2005]
PART II
LICENSING Of dealers
Dealer’s Class Licence
3.—(1)  Subject to regulation 7, a dealer who manufactures, imports, lets for hire, sells, or offers or possesses for sale any registered equipment or telecommunication equipment set out in the First Schedule shall be deemed to have been granted a Dealer’s Class Licence under section 5 of the Act for that purpose.
[S 478/2005 wef 21/07/2005]
(2)  The holder of a Dealer’s Class Licence shall, in addition to any requirement imposed under these Regulations, comply with the conditions of that licence set out in the Second Schedule.
(3)  The Authority may impose any condition in addition to those referred to in paragraph (2) and may vary or waive all or any of such conditions.
(4)  The holder of a Dealer’s Class Licence shall, at his own expense, comply with the varied or additional conditions referred to in paragraph (3).
(5)  Any holder of a Dealer’s Class Licence who is carrying on any business or trade as a dealer shall register with the Authority in such form and manner as the Authority may determine each of the premises under his control or occupation where he manufactures, imports, lets for hire, sells, or offers or possesses for sale any registered equipment or telecommunication equipment set out in the First Schedule.
[S 478/2005 wef 21/07/2005]
(6)  The Authority shall acknowledge the registration under paragraph (5) to the licensee and the acknowledgment shall be in such form as the Authority may determine.
(7)  For the purposes of paragraph (5), the holder of a Dealer’s Class Licence shall submit in writing to the Authority such information as the Authority may require relating to his particulars and the description and scope of his dealings in telecommunication equipment.
(8)  The holder of a Dealer’s Class Licence shall furnish the Authority with such specifications and information as the Authority may require on the types of telecommunication equipment manufactured, sold or to be manufactured or sold by him.
(9)  [Deleted by S 210/2010 wef 15/04/2010]
(10)  No person shall furnish any false, misleading or inaccurate information to the Authority under this regulation.
(11)  A Dealer’s Class Licence shall remain valid unless it is cancelled in accordance with the provisions of the Act or these Regulations.
[S 478/2005 wef 21/07/2005]
(12)  The Authority may cancel a Dealer’s Class Licence where the holder of such licence —
(a)gives notice to the Authority in such form and manner as the Authority may determine that he has ceased to carry on any business or trade as a dealer;
(b)has ceased to carry on any business or trade as a dealer and the registration of the business under the Business Registration Act (Cap. 32, 2004 Revised Edition) (as in force before 3 January 2016) or the Business Names Registration Act 2014 is cancelled; or
[S 589/2023 wef 01/09/2023]
(c)being a company incorporated under the Companies Act 1967 or a limited liability partnership registered under the Limited Liability Partnerships Act 2005, has gone into liquidation other than for the purpose of amalgamation or reconstruction.
[S 478/2005 wef 21/07/2005]
[S 589/2023 wef 31/12/2021]
(13)  A Dealer’s Class Licence held by a person who is not carrying on any business or trade as a dealer shall be deemed to be cancelled upon the expiry of 30 days after the day on which he ceases to sell or offer or possess for sale any registered equipment or telecommunication equipment set out in the First Schedule.
[S 478/2005 wef 21/07/2005]
(14)  A cancellation of a Dealer’s Class Licence of a person shall not operate so as to —
(a)prejudice any liability incurred by such person under these Regulations and any such liability may be enforced against him as if the cancellation had not taken place; or
(b)prevent such person from subsequently being deemed a holder of such licence under these Regulations.
[S 478/2005 wef 21/07/2005]
Dealer’s Individual Licence
4.—(1)  A dealer who wishes to manufacture, import, let for hire, sell, or offer or possess for sale any telecommunication equipment that is not —
(a)[Deleted by S 478/2005 wef 21/07/2005]
(b)registered equipment; or
(c)telecommunication equipment set out in the First Schedule,
shall obtain a Dealer’s Individual Licence.
(2)  Every application for a Dealer’s Individual Licence shall be made in such form and manner as the Authority may, from time to time, determine and shall be supported by such information as the Authority may require.
(3)  No person shall furnish any false, misleading or inaccurate information for the purpose of obtaining a Dealer’s Individual Licence.
(4)  The Authority shall notify the applicant as to whether his application is successful and the notification shall be in such form as the Authority may determine.
(5)  Upon notification that his application is successful, the applicant shall pay to the Authority the fee referred to in regulation 10(1)(a) and the Authority shall, subject to regulation 7, grant a Dealer’s Individual Licence under section 5 of the Act to the applicant upon receipt of such payment.
(6)  When granting a Dealer’s Individual Licence, the Authority shall specify the types of telecommunication equipment which the holder may manufacture, import, let for hire, sell, or offer or possess for sale.
(7)  It shall be a condition of a Dealer’s Individual Licence that the holder of a Dealer’s Individual Licence may only sell telecommunication equipment that is not registered equipment or telecommunication equipment set out in the First Schedule —
(a)to another holder of a Dealer’s Individual Licence; or
(b)to a person, other than the holder of a Dealer’s Class Licence, for re-export and not for use in Singapore.
[S 478/2005 wef 21/07/2005]
(8)  A dealer shall obtain a Dealer’s Individual Licence for each of the premises under his control or occupation where he manufactures, imports, lets for hire, sells, or offers or possesses for sale any telecommunication equipment referred to in paragraph (1).
(9)  It shall be a condition of a Dealer’s Individual Licence that the holder of the licence shall notify the Authority of any change in his personal particulars specified in that licence within 14 days of such change.
[S 210/2010 wef 15/04/2010]
(10)  A Dealer’s Individual Licence shall be valid for such period as the Authority may determine unless revoked or suspended in accordance with the provisions of the Act and shall be subject to such conditions as the Authority thinks fit.
(11)  The Authority may add to, vary or waive all or any of, the conditions referred to in paragraph (10) and the holder of a Dealer’s Individual Licence shall, at his own expense, comply with the varied or additional conditions.
When holder of Dealer’s Individual Licence is holder of Dealer’s Class Licence
5.—(1)  The holder of a Dealer’s Individual Licence who manufactures, imports, lets for hire, sells, or offers or possesses for sale any registered equipment or telecommunication equipment set out in the First Schedule at premises other than those in respect of which he has obtained a Dealer’s Individual Licence shall be deemed to have been granted a Dealer’s Class Licence in respect of those other premises.
[S 478/2005 wef 21/07/2005]
(2)  The holder of a Dealer’s Individual Licence who manufactures, imports, lets for hire, sells, or offers or possesses for sale any registered equipment or telecommunication equipment set out in the First Schedule at the premises in respect of which he has obtained a Dealer’s Individual Licence shall not be deemed to be a holder of a Dealer’s Class Licence for such purpose in respect of those premises.
[S 478/2005 wef 21/07/2005]
Operation for demonstration purpose
6.—(1)  No person shall operate any telecommunication equipment for demonstration purposes unless he has obtained the prior approval of the Authority.
(2)  It shall be a condition of every licence that a licensee shall not, except with the prior approval of the Authority, operate any telecommunication equipment for demonstration purposes.
Restriction on grant of licence
7.  No person shall be granted a Dealer’s Individual Licence or be deemed to have been granted a Dealer’s Class Licence unless that person is —
(a)a citizen of Singapore;
(b)a company incorporated under the Companies Act 1967;
[S 589/2023 wef 31/12/2021]
(ba)a limited liability partnership registered under the Limited Liability Partnerships Act 2005;
[S 478/2005 wef 21/07/2005]
[S 589/2023 wef 31/12/2021]
(c)a person who carries on a business registered under the Business Names Registration Act 2014; or
[S 589/2023 wef 01/09/2023]
(d)such other person as the Authority may, in its discretion, consider appropriate to hold such licence.
Replacement of Dealer’s Individual Licence
8.  If the Authority is satisfied that any Dealer’s Individual Licence issued by it has been lost, destroyed or defaced, the Authority may, upon payment of a fee of $5 by the person whose Dealer’s Individual Licence is lost, destroyed or defaced, issue a replacement licence to such person.
Renewal of Dealer’s Individual Licence
9.  Every application for the renewal of a Dealer’s Individual Licence shall be in such form and manner as the Authority may require and accompanied by a renewal fee of $250.
Fees
10.—(1)  The fee payable for a Dealer’s Individual Licence shall be as follows:
(a)$250 for the first 5 years or part thereof of that licence; and
[S 210/2010 wef 15/04/2010]
(b)$250 for every subsequent period of 5 years or part thereof for the duration of that licence.
[S 210/2010 wef 15/04/2010]
(2)  The fee payable for a Dealer’s Class Licence held by any person who is carrying on any business or trade as a dealer shall be $50.
[S 478/2005 wef 21/07/2005]
(3)  Payment of fees in respect of a Dealer’s Individual Licence shall be made —
(a)in respect of a fee referred to in paragraph (1)(a), within 90 days of the notification under regulation 4(4) that the application for a Dealer’s Individual Licence is successful; and
(b)in respect of a fee referred to in paragraph (1)(b), on or before the commencement of the subsequent period of 5 years.
[S 210/2010 wef 15/04/2010]
(4)  Payment of fees in respect of a Dealer’s Class Licence shall be made within 90 days of the date of the registration under regulation 3(5).
[S 478/2005 wef 21/07/2005]
(5)  If any fee remains unpaid after the date by which such fee should have been paid as referred to in paragraph (3)(b), the following late payment fee shall be charged:
(a)where the fee is paid after 7 days but before 15 days following the date by which such fee should have been paid, $10;
(b)where the fee is paid after 14 days but before 31 days following the date by which such fee should have been paid, $20; and
(c)where the fee is paid after 30 days following the date by which such fee should have been paid, $50.
[S 478/2005 wef 21/07/2005]
(6)  It shall be a condition of a licence that the fee referred to in paragraph (1)(b) or (2), as the case may be, shall be paid in accordance with this regulation.
PART III
CONDUCT OF DEALERS
Prohibited equipment
11.  It shall be a condition of a licence that the licensee shall not manufacture, import, let for hire, sell, or offer or possess for sale any telecommunication equipment set out in the Third Schedule except where approved by the Authority and in accordance with such terms and conditions as the Authority may impose.
Equipment to be used for lawful purpose, safe manner, etc.
12.  A licensee shall ensure that any telecommunication equipment in his possession is not used for any unlawful purpose and shall operate it in a manner which is safe and which does not impair or interfere with the efficient and convenient working or maintenance of any other telecommunication system or service authorised by the Authority.
Secrecy
13.—(1)  Except as otherwise provided in these Regulations or by the terms and conditions of a licence, every dealer having access to any telecommunication —
(a)shall hold strictly secret all such telecommunication, other than a telecommunication transmitted or sent for general information;
(b)shall not, directly or indirectly, disclose the contents of the telecommunication except —
(i)to a person entitled to become acquainted with the telecommunication; or
(ii)to an authorised officer,
or except where the disclosure is otherwise authorised or required by law; and
(c)shall not make any use of such telecommunication.
(2)  No dealer having access to any telecommunication shall print or publish or cause to be printed or published in any newspaper, pamphlet, book or other document, that telecommunication, whether such telecommunication is for private or general reception.
Restrictions on transmission
14.—(1)  No dealer shall transmit or permit the transmission of superfluous signals.
(2)  No person shall test any transmission, or allow or conduct any trial or practical transmission, except in such circumstances as to preclude the possibility of interference with any other telecommunication.
(3)  No person shall conduct any test transmission other than on dummy load without the prior approval of the Authority.
(4)  No dealer shall transmit or permit the transmission of —
(a)any message containing indecent, obscene or offensive language;
(b)any message for an illegal purpose;
(c)any message which interferes with the operation of any registered equipment or telecommunication equipment set out in the First Schedule; or
[S 478/2005 wef 21/07/2005]
(d)any message which to his knowledge is false or misleading and likely to prejudice the efficiency of any emergency service or endanger the safety of any person, place, premises, vessel, aircraft or vehicle.
PART IV
INSPECTION
Inspection of Dealer’s Individual Licence
15.—(1)  The holder of a Dealer’s Individual Licence shall permit an authorised officer or a police officer not below the rank of sergeant, upon production of proof of identity, to inspect his licence.
(2)  Where his licence is not immediately available, the holder of a Dealer’s Individual Licence shall produce his licence at the office of the Authority or a police station named by the police officer within a reasonable period.
Inspection of equipment
16.—(1)  The Authority may appoint authorised officers as inspection officers for the inspection and examination of any equipment approved under these Regulations, any premises owned or occupied by a dealer where he manufactures, imports, lets for hire, sells, or offers or possesses for sale any telecommunication equipment, and any telecommunication equipment found therein.
(2)  For the purpose of ensuring that the Act, these Regulations and any condition of a licence are complied with, an inspection officer shall be entitled, at any time and upon production of proof of identity, to enter any land, building, vessel, aircraft or vehicle where any telecommunication equipment is kept or stored and to inspect, examine or test such equipment.
Duty to give access
17.  No person shall —
(a)refuse entry to an authorised officer to any land, building, vessel, aircraft or vehicle to inspect, examine or test any telecommunication equipment contained or stored therein; or
(b)in any way obstruct or hinder an authorised officer in the execution of a duty imposed or power conferred upon that officer by the Act, these Regulations or any other written law.
PART V
IMPORT, MANUFACTURE AND SALE OF TELECOMMUNICATION EQUIPMENT
Importation of telecommunication equipment
18.—(1)  Any person who imports any telecommunication equipment shall, before such equipment is imported, notify the Authority of the intended import and furnish such particulars in such form as may be determined by the Authority.
[S 210/2010 wef 15/04/2010]
(2)  No person shall import any telecommunication equipment set out in the Third Schedule without the prior approval of the Authority.
[S 210/2010 wef 15/04/2010]
(3)  A person applying for approval under paragraph (2) shall obtain a permit under the Regulation of Imports and Exports Regulations (Rg 1) for the import of the telecommunication equipment before such equipment is imported.
[S 210/2010 wef 15/04/2010]
[S 589/2023 wef 31/12/2021]
(4)  No person shall —
(a)furnish any false or misleading information to the Authority —
(i)under paragraph (1); or
(ii)for the purpose of obtaining the approval of the Authority under paragraph (2); or
(b)falsify or fabricate any decision that the Authority may make upon the application for approval under paragraph (2).
[S 210/2010 wef 15/04/2010]
(5)  Where any person contravenes paragraph (4)(a)(ii) or (b), any approval issued to that person under this regulation shall be null and void.
[S 210/2010 wef 15/04/2010]
Power of Authority to order production of equipment
19.  The Authority may direct a person who imports any telecommunication equipment to produce it for testing or inspection by the Authority and that person shall comply with such direction at his own expense.
Approval for sale
20.—(1)  Subject to paragraph (2) and regulation 4(7), it shall be a condition of a licence that the licensee shall not sell —
(a)any type of telecommunication equipment to be used for connection to any telecommunication system or equipment belonging to a telecommunication system licensee; or
(b)any type of radio-communication equipment to be used in Singapore,
unless the type of equipment has been approved for sale by way of registration with the Authority.
(2)  No approval for sale under paragraph (1) is required for any telecommunication equipment which is —
(a)set out in the First Schedule; and
(b)designed and constructed in accordance with such standards and specifications as may be published by the Authority.
(3)  An application for registration of any equipment referred to in paragraph (1) shall be made to the Authority in such form and manner as the Authority may determine and shall be accompanied by —
(a)the appropriate fee as specified in the Fourth Schedule; and
(b)a declaration of conformity stating that the equipment is designed and constructed in accordance with such standards and specifications as may be published by the Authority.
(4)  The declaration of conformity under paragraph (3) shall be based on a certification or tests of the equipment by any local or foreign body specified by the Authority.
(5)  The Authority may require the applicant to submit or the applicant may voluntarily submit any result of the certification or tests referred to in paragraph (4) for evaluation by the Authority or any local or foreign certification body recognised by the Authority.
[S 210/2010 wef 15/04/2010]
(6)  The Authority may register any telecommunication equipment where the applicant satisfies the requirements set out in this regulation and such registration shall be valid for a period of 5 years.
(6A)  A licensee’s registration of any telecommunication equipment may, with the approval of the Authority, be transferred to another licensee.
[S 251/2013 wef 25/04/2013]
(6B)  An application for the Authority’s approval of the transfer of the registration of any telecommunication equipment shall be made to the Authority, by the licensee from or to whom the registration is to be transferred, in such form or manner as the Authority may determine.
[S 251/2013 wef 25/04/2013]
(6C)  On the receipt of an application under paragraph (6B), the Authority may —
(a)approve the transfer, subject to such conditions as the Authority thinks fit to impose; or
(b)reject the application.
[S 251/2013 wef 25/04/2013]
(7)  The Authority may renew a registration for a period not exceeding 5 years upon an application being made to the Authority in such form and manner as the Authority may determine, except as otherwise provided in paragraph (7A), and upon payment of a renewal fee of $50.
[S 396/2007 wef 23/07/2007]
(7A)  No renewal fee is payable in respect of an application for the renewal of the registration of any telecommunication equipment which is set out in the Fifth Schedule, and which registration did not require or involve an evaluation of the declaration of conformity.
[S 396/2007 wef 23/07/2007]
[S 210/2010 wef 15/04/2010]
(8)  Where any equipment registered under paragraph (6) has been modified, the Authority may —
(a)require the applicant of that equipment, or the transferee of the registration of that equipment, to re-submit an application for registration under paragraph (3) where the modification is likely to affect the equipment’s compliance with such standards and specifications as may be published by the Authority; or
[S 251/2013 wef 25/04/2013]
(b)amend the existing registration to include the modified equipment upon an application being made to the Authority in such form and manner as the Authority may determine and upon payment of an amendment fee of $100.
[S 478/2005 wef 21/07/2005]
Confirmation of conformity of telecommunication equipment
20A.—(1)  A licensee intending to sell telecommunication equipment for which no approval for sale is required under regulation 20(1), may make an application for confirmation by the Authority that the equipment is designed and constructed in accordance with standards and specifications published by the Authority under regulation 20(2)(b).
(2)  The application for a confirmation of conformity referred to in paragraph (1) shall be made to the Authority in such form and manner as the Authority may determine, and shall be accompanied by —
(a)the appropriate fee as specified in the Fourth Schedule; and
(b)a declaration of conformity stating that the equipment is designed and constructed in accordance with such standards and specifications as may be published by the Authority.
(3)  The declaration of conformity under paragraph (2)(b) shall be based on a certification or tests of the equipment by any local or foreign body specified by the Authority.
(4)  The Authority may require the applicant to submit or the applicant may voluntarily submit any result of the certification or tests referred to in paragraph (3) for evaluation by the Authority or any local or foreign certification body recognised by the Authority.
(5)  The Authority may provide a confirmation of conformity of any telecommunication equipment where the applicant satisfies the requirements set out in this regulation.
(6)  Where any telecommunication equipment to which a confirmation of conformity under paragraph (5) refers has been modified, the Authority may —
(a)require the applicant of that equipment to re-submit an application for confirmation of conformity under paragraph (2) where the modification is likely to affect the equipment’s compliance with such standards and specifications as may be published by the Authority; or
(b)amend the existing confirmation of conformity to include the modified equipment upon an application being made to the Authority in such form and manner as the Authority may determine and upon payment of an amendment fee of $100.
[S 210/2010 wef 15/04/2010]
False or misleading information
21.—(1)  No applicant shall furnish any false or misleading information to the Authority for the purpose of obtaining any registration, renewal of registration or amendment of registration under regulation 20 or any confirmation of conformity or amendment of confirmation of conformity under regulation 20A.
(2)  Where any applicant contravenes paragraph (1), any registration, renewal of registration or amendment of registration by the Authority under regulation 20 or any confirmation of conformity or amendment of confirmation of conformity under regulation 20A as a result of the submission of false or misleading information shall be null and void.
[S 478/2005 wef 21/07/2005]
[S 210/2010 wef 15/04/2010]
PART VI
Telecommunication equipment FOR PERSONAL USE
Telecommunication equipment for personal use
22.—(1)  Any person intending to use any telecommunication equipment for personal purposes shall not be required to obtain the approval of the Authority provided that such equipment is designed, constructed, installed, established, maintained and operated in accordance with such standards and specifications as may be published by the Authority.
(2)  Notwithstanding paragraph (1), the Authority may, in its discretion, require any such person —
(a)to cease operating any such telecommunication equipment; or
(b)to send, at his own expense, any such telecommunication equipment for certification or testing by any local or foreign body specified by the Authority.
[S 478/2005 wef 21/07/2005]
PART VII
MISCELLANEOUS
Power to order disposal of equipment
23.  Where any person —
(a)imports any telecommunication equipment set out in the Third Schedule without the approval of the Authority; or
[S 210/2010 wef 15/04/2010]
(b)manufactures, lets for hire, sells, or offers or possesses for sale any telecommunication equipment which does not meet the standards or specifications published by the Authority from time to time,
the Authority may direct that person to dispose of the equipment in any manner which the Authority thinks fit and that person shall comply with such direction at his own expense.
Re-labeling of telecommunication equipment
23A.—(1)  For a period of one year from 21st July 2005, no dealer shall be required to remove from or replace on any telecommunication equipment any label which has been affixed in accordance with regulation 8(a) or (b) of the Second Schedule to the principal Regulations in force immediately before that date.
(2)  A dealer may, until the expiry of the one year period referred to in paragraph (1), continue to sell any telecommunication equipment referred to in that paragraph in compliance with the principal Regulations in force before 21st July 2005, as if these Regulations have not been enacted.
(3)  Upon the expiry of the one year period referred to in paragraph (1), no dealer shall display or offer for sale any telecommunication equipment referred to in that paragraph unless regulation 8(a), (b) and (d) of the Second Schedule to the principal Regulations in force on 21st July 2005 have been complied with.
[S 478/2005 wef 21/07/2005]
Offence
24.  Any person who contravenes regulation 3(5), (7), (8) or (10), 4(3) or (8), 6(1), 12, 13, 14, 15, 17, 18(1), (2), (3) or (4), 19, 21(1) or 23 shall be guilty of an offence.
[S 478/2005 wef 21/07/2005]
[S 210/2010 wef 15/04/2010]
Waiver and exemption
25.—(1)  The Minister, or the Authority with the approval of the Minister, may —
(a)waive any or all fees payable under these Regulations; or
(b)exempt any person from any or all provisions of these Regulations.
(2)  A waiver or an exemption granted under paragraph (1) may be notified in writing to the person concerned, and need not be published in the Gazette.
FIRST SCHEDULE
Regulations 3 (1), (5) and (11), 4(1) and (7), 5, 14(4) and 20(2) and paragraphs 1 and 2 of Second Schedule
Telecommunication Equipment Not Requiring Approval
1.  Telephone (Standard/Multi-Feature/Image/Data/Switching)
2.  Telephone Line Interface
3.  Telephone Ancillary
4.  Autodialler
5.  Auto Answering/Recording Set
6.  Caller Identification Equipment
7.  Security Alarm System
8.  Facsimile Transceiver
9.  Voice Band Modem
10.  EFTPOS/CCAT
11.  Telex Equipment
12.  Digital Leased Circuit Equipment
13.  Other equipment as determined by the Authority.
[G.N. Nos. S 185/2003; S 48/2004; S 593/2004]
SECOND SCHEDULE
Regulation 3(2)
Conditions of Dealer’s Class Licence
1.  The holder of a Dealer’s Class Licence (referred to in this Schedule as the Class Licensee) shall manufacture, import, let for hire, sell, or offer or possess for sale only —
(a)telecommunication equipment registered under regulation 20(6); or
[S 478/2005 wef 21/07/2005]
(b)telecommunication equipment set out in the First Schedule provided that such equipment is designed and constructed in accordance with such standards and specifications as may be published by the Authority.
[S 478/2005 wef 21/07/2005]
(c)[Deleted by S 478/2005 wef 21/07/2005]
2.  A Class Licensee who wishes to sell any registered equipment or telecommunication equipment set out in the First Schedule shall —
(a)before selling such telecommunication equipment, ensure that it meets the standards and specifications for the sale of such telecommunication equipment published by the Authority in the manner it thinks fit;
(b)ensure that it works correctly with the relevant telecommunication system or equipment of the telecommunication system licensee to which it is connected; and
(c)cease to sell the telecommunication equipment if so directed by the Authority and dispose of the telecommunication equipment at his own expense in the manner directed by the Authority.
3.  A Class Licensee shall, if required by the Authority, produce any telecommunication equipment for testing or inspection by the Authority and all expenses incurred in connection with the testing or inspection shall be borne by the Class Licensee.
4.  A Class Licensee shall not have in his possession for sale any device or equipment which is capable of monitoring or intercepting the transmission of a radio-communication network.
5.—(1)  A Class Licensee shall not have in his possession for sale, hire or use any device or equipment which can be used —
(a)to alter, delete or remove any identification code or number of any telecommunication equipment which can be used to obtain any telecommunication services from telecommunication licensees; or
(b)to insert or duplicate any identification code or number of such telecommunication equipment in any other telecommunication equipment.
(2)  For the purposes of this paragraph, telecommunication equipment includes subscriber identification module (“SIM”) cards.
6.—(1)  A Class Licensee who imports any telecommunication equipment into Singapore for the purpose of re-export —
(a)shall, unless the Authority otherwise directs, immediately move the telecommunication equipment into a free trade zone under the Free Trade Zones Act 1966 and keep it there pending re-export;
[S 589/2023 wef 31/12/2021]
(b)shall not sell it to any person for use in Singapore; and
(c)shall re-export the telecommunication equipment and furnish satisfactory evidence of the re-export to the Authority within such time as may be stipulated by the Authority.
(2)  A Class Licensee shall, if required by the Authority, give a written undertaking that the telecommunication equipment declared to be for export purposes will not be sold, or offered or possessed for sale in Singapore.
7.  A Class Licensee shall not manufacture, let for hire, sell, or offer or possess for sale any telecommunication equipment set out in the Third Schedule or any telecommunication equipment which does not meet the standards or specifications published by the Authority from time to time.
8.  A Class Licensee shall —
(a)affix, or ensure that there is affixed, on all registered equipment intended for use in Singapore or on the equipment’s instruction manual or packaging, such labels as the Authority may specify stating or indicating that the equipment complies with the standards and specifications published by the Authority before such equipment is displayed or offered for sale;
[S 478/2005 wef 21/07/2005]
(b)affix or ensure that there is affixed such other labels as the Authority considers necessary on any telecommunication equipment before such telecommunication equipment is displayed or offered for sale;
(c)ensure that every advertisement, pamphlet or brochure relating to any telecommunication equipment which he sells or offers for sale contains such information as the Authority may specify;
(d)refrain from affixing on —
(i)any telecommunication equipment which is not registered equipment;
(ii)any advertisement, pamphlet or brochure relating to any such telecommunication equipment; and
(iii)any instruction manual or packaging of any such telecommunication equipment,
any label stating or indicating that the telecommunication equipment complies with the standards and specifications published by the Authority; and
[S 396/2007 wef 23/07/2007]
(e)comply with such other labelling requirements as may be published by the Authority.
9.  A Class Licensee shall inform every purchaser or hirer to whom he sells or lets for hire any telecommunication equipment of the need to obtain a licence from the Authority under the Act and these Regulations for the possession, operation, installation or use of that telecommunication equipment.
10.  Except with the Authority’s prior written consent, a Class Licensee shall not assign, transfer, sublet or otherwise dispose of any benefit of his Dealer’s Class Licence, or permit any person to participate in any benefit or authority granted by his licence.
10A.  A Class Licensee shall notify the Authority of any change in any particular furnished to the Authority under regulation 3 within 14 days of such change.
[S 210/2010 wef 15/04/2010]
11.  In addition to the conditions of the Dealer’s Class Licence, a Class Licensee shall comply with the provisions of the Act, these Regulations and any code of practice issued under the Act.
THIRD SCHEDULE
Regulation 11 and paragraph 7 of the Second Schedule
Prohibited Telecommunication Equipment
1.Scanning Receivers
2.Military Communication Equipment
3.Telephone Voice Changing Equipment
4.[Deleted by S 396/2007 wef 23/07/2007]
5.Radio-communication Equipment operating in frequency bands 880-915 MHz, 925-960 MHz, 1900-1980 MHz and 2110-2170 MHz except Cellular Mobile Phones or such other equipment approved by the Authority
[S 251/2013 wef 25/04/2013]
6.Radio-communication Jamming Devices operating in any frequency band.
FOURTH SCHEDULE
Regulations 20(3) and 20A(2)
Fees for Application by Dealers for
Registration or Confirmation of Conformity of
Telecommunication Equipment
First column
 
Second column
Type of application
 
Fee
1.Application for registration or confirmation of conformity of the following equipment which requires or involves evaluation of declaration of conformity by the Authority:
 
 
(a)a radio-communication or single-line equipment
 
$350
(b)a complex or multi-line equipment
 
$500
2.Application for registration or confirmation of conformity of an equipment which requires or involves evaluation of declaration of conformity by a local or foreign certification body recognised by the Authority
 
$100
3.Application for registration or confirmation of conformity of the following equipment which does not require or involve evaluation of declaration of conformity:
 
 
(a)any telecommunication equipment set out in the Fifth Schedule
 
No fee
(b)any other telecommunication equipment
 
$100.
4.Application by a licensee for registration of any equipment which —
 
$50
(a)shares the same technical specifications, design and electrical characteristics in respect of network interface, electromagnetic compatibility and electrical safety with; and
 
 
(b)when subject to any certification or tests referred to in regulation 20(4), yields the same results as,
 
 
 any equipment which has previously been registered under regulation 20(6) upon an application by the same licensee
 
 
[S 478/2005 wef 21/07/2005]
[S 396/2007 wef 23/07/2007]
[S 210/2010 wef 15/04/2010]
[S 251/2013 wef 25/04/2013]
FIFTH SCHEDULE
Regulation 20(7A) and item 3(a) of Fourth Schedule
Equipment in Respect of Which Registration and
Renewal of Registration Fees Do Not Apply
Telecommunication equipment
 
Authorised radio frequency bands
 
Maximum approved field strength or power
1.Short Range/Low Power devices excluding Ultra Wide Band devices
 
9‑315 kHz
 
30 dBµA/m @ 10m
 
16‑150 kHz
 
100 dBµV/m @ 3m
 
 
 
66 dBµA/m @ 10m
 
150‑5,000 kHz
 
13.5 dBµA/m @ 10m
 
510‑1,600 kHz
 
57 dBµV/m @ 3m
 
 
6,765‑6,795 kHz
 
42 dBµA/m @ 10m
 
 
7,400‑8,800 kHz
 
9 dBµA/m @ 10m
 
 
10.200‑11.000 MHz
 
9 dBµA/m @ 10m
 
 
13.553‑13.567 MHz
 
94 dBµV/m @ 10m
 
 
 
 
10 mW ERP
 
 
26.960‑27.280 MHz
 
500 mW ERP
 
 
29.700‑30.000 MHz
 
10 mW ERP
 
 
34.995‑35.225 MHz
 
100 mW ERP
 
 
40.500‑41.000 MHz
 
0.01 mW ERP
 
 
40.660‑40.700 MHz
 
65 dBµV/m @ 10m
 
 
 
 
500 mW ERP
 
 
72.080 MHz
 
1000 mW ERP
 
 
72.130‑72.210 MHz
 
500 mW ERP
 
 
72.200 MHz
 
1000 mW ERP
 
 
72.400 MHz
 
1000 mW ERP
 
 
72.600 MHz
 
1000 mW ERP
 
 
88.000‑108.000 MHz
 
60 dBµV/m @ 10m
 
 
146.350‑146.500 MHz
 
100 mW ERP
 
 
151.125 MHz
 
1000 mW ERP
 
 
151.150 MHz
 
1000 mW ERP
 
 
158.275/162.875 MHz
 
1000 mW ERP
 
 
158.325/162.925 MHz
 
1000 mW ERP
 
 
169.400‑175.000 MHz
 
500 mW ERP
 
 
180.000‑200.000 MHz
 
50 mW ERP
 
 
216.000‑217.000 MHz
 
100 mW ERP
 
 
240.150‑240.300 MHz
 
100 mW ERP
 
 
300.000‑300.300 MHz
 
100 mW ERP
 
 
312.000‑316.000 MHz
 
100 mW ERP
 
 
433.050‑434.790 MHz
 
10 mW ERP
 
 
444.400‑444.800 MHz
 
100 mW ERP
 
 
446.000‑446.100 MHz
 
500 mW ERP
 
 
446.325‑446.475 MHz
 
500 mW ERP
 
 
470.000‑534.000 MHz
 
50 mW ERP
 
 
487.000‑507.000 MHz
 
112 dBµV/m @ 10m
 
 
534.000‑614.000 MHz
 
10 mW ERP
 
 
614.000‑698.000 MHz
 
50 mW ERP
 
 
866.000‑869.000 MHz
 
500 mW ERP
 
 
917.000‑925.000 MHz
 
500 mW ERP
 
 
1,880‑1,900 MHz
 
250 mW EIRP
 
 
2,400‑2,483.5 MHz
 
200 mW EIRP
 
 
5,150‑5,350 MHz
 
200 mW EIRP
 
 
5,470‑5,725 MHz
 
1000 mW EIRP
 
 
5,725‑5,875 MHz
 
1000 mW EIRP
 
 
5,945‑6,425 MHz
 
250 mW EIRP
 
 
10.500‑10.550 GHz
 
117 dBµV/m @ 10m
 
 
24.000‑24.250 GHz
 
100 mW EIRP
 
 
57.000‑66.000 GHz
 
10 W EIRP
 
 
76.000‑77.000 GHz
 
55 dBm peak EIRP
 
 
 
 
23.5 dBm average EIRP for pulse radar
 
 
 
 
50 dBm average EIRP for other radar types
 
 
122.000‑123.000 GHz
 
100 mW EIRP
 
 
244.000‑246.000 GHz
 
100 mW EIRP
 
 
All other frequencies
 
25 µW ERP
2.Complex or multi‑line equipment
 
Not applicable
 
Not applicable
3.Integrated receiver decoder devices intended for use with second generation digital terrestrial television broadcasting system
 
Not applicable
 
Not applicable
[S 589/2023 wef 01/09/2023]
[S 478/2005 wef 21/07/2005]
[S 396/2007 wef 23/07/2007]
[S 210/2010 wef 15/04/2010]
[S 178/2011 wef 01/04/2011]
[S 251/2013 wef 25/04/2013]
[S 414/2014 wef 23/06/2014]
[S 725/2014 wef 01/11/2014]

LEGISLATIVE HISTORY

Telecommunications (Dealers) Regulations

 

This Legislative History is provided for the convenience of users of the Telecommunications (Dealers) Regulations. It is not part of these Regulations.
1.  
G. N. No. S 185/2003—Telecommunications (Dealers) Regulations 2003
Date of commencement
:
2 April 2003
2.  
G. N. No. S 48/2004—Telecommunications (Dealers) (Amendment) Regulations 2004
Date of commencement
:
3 February 2004
3.  
G. N. No. S 593/2004—Telecommunications (Dealers) (Amendment No. 2) Regulations 2004
Date of commencement
:
1 October 2004
4.  
2004 Revised Edition—Telecommunications (Dealers) Regulations
Date of operation
:
31 December 2004
5.  
G. N. No. S 478/2005—Telecommunications (Dealers) (Amendment) Regulations 2005
Date of commencement
:
21 July 2005
6.  
G. N. No. S 396/2007—Telecommunications (Dealers) (Amendment) Regulations 2007
Date of commencement
:
23 July 2007
7.  
G. N. No. S 210/2010—Telecommunications (Dealers) (Amendment) Regulations 2010
Date of commencement
:
15 April 2010
8.  
G. N. No. S 178/2011—Telecommunications (Dealers) (Amendment) Regulations 2011
Date of commencement
:
1 April 2011
9.  
G.N. No. S 251/2013—Telecommunications (Dealers) (Amendment) Regulations 2013
Date of commencement
:
25 April 2013
10.  
G.N. No. S 414/2014—Telecommunications (Dealers) (Amendment) Regulations 2014
Date of commencement
:
23 June 2014
11.  
G.N. No. S 725/2014—Telecommunications (Dealers) (Amendment No. 2) Regulations 2014
Date of commencement
:
1 November 2014
12.  
G.N. No. S 589/2023—Telecommunications (Dealers) (Amendment) Regulations 2023
Date of commencement
:
31 December 2021
13.  
G.N. No. S 589/2023—Telecommunications (Dealers) (Amendment) Regulations 2023
Date of commencement
:
1 September 2023

Archived for legal research. Authoritative version at sso.agc.gov.sg.