Regulatory Framework for the Homologation of Telecommunication Equipment and Devices in Paraguay

Paraguay is located in the interior of South America, with an area of 157,048 square miles (406,752 square kilometers) and a population of 5,163,168 (2002 census).    In 2004, its economy grew by 4%, with a GDP of US$6,260,000.

Paraguay has a governmental telecommunication regulatory body, the National Telecommunication Commission (CONATEL).

The Telecommunication Act establishes CONATEL’s purpose, which is to carry out: “the Paraguayan state’s functions of promoting, controlling, and regulating telecommunications in the framework of an integrated policy for services, providers, users, technology, and industry.”  It also establishes CONATEL’s functions, which include, “to homologate [approve] the telecommunication equipment and systems installed in the country.”

In Decree No. 20660 of 1998, the National Accreditation Agency (ONA) was established under the National Science and Technology Council (CONACYT).   The ONA has competence for accreditation of national conformity assessment bodies, i.e., testing and calibration laboratories and inspection and certification bodies.

The Paraguayan legal framework for the telecommunication sector comprises the relevant provisions of the National Constitution of 1992; the Telecommunications Act, Law No. 642, enacted in 1995; the regulations thereto, adopted in Decree No. 14.135 of 1996; and the regulations generated by CONATEL.

Telecommunications Act

Article 74 of the Telecommunications Act provides that telecommunication installations shall be subject to homologation by CONATEL, with the aim of ensuring the integrity of the telecommunication network and the radio spectrum, and user safety.  Holders of concessions, authorizations, or licenses, and users of telecommunications have the obligation to facilitate this function.  In addition, under Article 75, total or partial connection of telecommunication equipment or devices shall be subject to approval, with such exceptions as CONATEL may establish.

Article 76 also prohibits the marketing and operation of telecommunication equipment and devices that have not been approved or that have been mechanically or electronically altered since their approval, with the exceptions expressly established in the corresponding law and regulations.

Regulations to the Telecommunication Act

Article 130 of the Regulations provides that “[t]he objective of homologation of telecommunication equipment and devices is to ensure adequate compliance with the technical specifications to which they are subject in order to prevent damage to the connecting networks, prevent interference of other telecommunication services, and ensure that users receive good service, within the quality and efficiency parameters.”  Article 135 provides that CONATEL shall issue certificates of homologation, which shall certify that approved pieces of equipment or devices meet the technical specifications established under the regulations.

Under Article 131, all telecommunication equipment or devices connected to the public network or utilized to emit and/or receive radio emissions shall be approved prior to their marketing, use, and/or operation on the Paraguayan market.  To that end, applicants shall comply with such requirements as CONATEL may establish in its specific regulations.  Telecommunication service providers shall advise CONATEL of the lists of equipment that may be connected to their networks, together with its technical characteristics.  This information shall be updated periodically.  In addition, Article 136 establishes the obligation of operators to connect to their networks or systems such terminal equipment as users may acquire or lease to third parties, provided it is compatible and has been duly approved.

Under Article 132, equipment utilizing the radio spectrum and transmitting on antenna at 10 mW or above (ERP) shall be approved prior to marketing.

In addition, Article 133 stipulates that CONATEL may assign to third parties (verification companies) responsibility for conducting the tests necessary to approve each specialty’s equipment or devices.

Regulations for homologation

Article 2 of CONATEL’s Regulations for Homologation of Telecommunication Equipment and Devices, adopted in resolution No. 355 of 1999, defines homologation as “[a]n additional control that a country’s administration imposes on manufacturers and importers, whose rationale is the good of the society it administers, protection of health and human life, environmental protection, energy conservation, etc.  In the context of this document, it is the procedure used by CONATEL to authorize the importation, manufacture, or sale, for use within Paraguayan territory, of telecommunication equipment, based on a certificate in which a third party gives a written assurance that a product, process, or service meets the established requirements, possibly followed by tests of units of the approved product, on the market or in the factory, to determine whether in its ongoing manufacture there is continued conformity to the aforementioned requirements.”

In addition to the legal documentation, an application for homologation must be accompanied by the certificate of conformity, the technical testing report (Article 12), and the declaration of type conformity (Article 14).  If these are satisfactory, CONATEL issues the corresponding certificate of homologation (Article 6).

Mutual Recognition Agreements

Paraguay has followed with interest the mutual recognition agreement prepared in the Inter-American Telecommunication Commission (CITEL).  However, it has accorded priority to keeping abreast of the initiative to establish a mutual recognition agreement at the MERCOSUR level with the other member countries thereof:  Argentina, Brazil, and Uruguay.

Paraguay is currently reviewing the text of said agreement, as it may be adopted at the upcoming meeting of MERCOSUR, to be held this year.

Final Considerations

Paraguay has structured a regulatory framework for the homologation of telecommunication equipment and devices.  In said framework, CONATEL has the function of approving telecommunication equipment and devices, while laboratories that test such equipment and devices for possible subsequent approval must be accredited by the ONA.

The policies and mechanisms for accreditation of testing laboratories and accreditation bodies have yet to be established, as must technical standards for telecommunication equipment.  CONATEL is currently working to develop such standards.   Some private laboratories and the National University are taking steps to obtain accreditation to conduct tests of telecommunication equipment and devices.

At present, CONATEL approves telecommunication equipment and devices by reviewing, on a case-by-case basis, the documentation submitted and such certifications as may have been issued for the equipment in other countries.

Victor Martinez
National Telecommunication Commission