Unofficial translation from Norwegian for information only.

Laid down by the Norwegian Post and Telecommunications Authority (NPT) on 15. 03. 2001 pursuant to the Telecommunications Act (No 39) of 23 June 1995, section 4-6 and 7-1, and the regulation of 31 August 2001 no.249 on the division of authority within the telecommunications sector, section I. 2.

The purpose of these regulations is:

1. to grant the right to import radio and telecommunications equipment that are not within the scope of Regulations (No 628) of 20 June 2000 on EEA requirements to radio and telecommunications terminal equipment, and Regulations (No 709) of 15 June 1999 on EEA Approval of maritime radio equipment
2. to facilitate the market surveillance of import and sales of radio and telecommunications terminal equipment, and
3. to secure that suppliers, retailers of radio equipment and users are given the necessary information.

These regulations apply to the requirements on registration of suppliers and retailers of radio equipment, and the requirements related to the import and the sales of radio and telecommunications terminal equipment.

The following definitions apply in these regulations:

1. supplier: any person who runs a commercial activity for import or manufacturing of radio and telecommunications terminal equipment with the intention of placing the equipment on the market
2. retailer: a person who runs a commercial activity for distribution of radio equipment or by other means transfer radio equipment to a third party where an individual licence is necessary pursuant to section 5-3 of the Telecommunications Act.

Suppliers and retailers of radio equipment shall be registered with the NPT.

The application for registration shall include the name, address, e-mail address, telephone number, enterprise number and contact person of the company and information concerning the categories of equipment the company intends to import for sale. Information shall be given on a prescribed form.

Changes in the above given information or cessation of activities shall be reported immediately to the NPT.

A registered supplier may import radio and telecommunications terminal equipment even though the equipment does not fulfil the requirements of the first and second paragraph of section 4-2 of the Telecommunications Act.

Before a supplier sells or in any other way transfers radio and telecommunications terminal equipment to others, the equipment shall fulfil the requirements pursuant to section 4-2 of the Telecommunications Act and regulations pursuant to section 4-6 of the Telecommunications Act.

Before a supplier transfers to others radio equipment, which is regulated pursuant to section

4-2 of the Telecommunications Act, equipment falling outside the scope of Regulations

(No 628) of 20 June 2000 on the EEA requirements to radio and telecommunications terminal equipment and Regulations (No 709) of 15 June 1999 on EEA approval of maritime radio equipment, shall be permitted pursuant to the second paragraph of section 4-2 of the Telecommunications Act, and the recipient shall have a licence in accordance with section 5-3 of the Telecommunications Act.

A supplier may notwithstanding the requirement set out in the third paragraph, transfer equipment exclusively used for activities concerning national or public security, defence or national activities in the field of criminal law, to a governmental body.

Radio equipment retailers shall have knowledge about the rules and regulations applying to the radio equipment they intend to transfer to a third party. They shall be familiar with the operation of the equipment and be able to provide guidance for installation and use of the equipment. For demonstration of the equipment, the radio equipment suppliers shall have the permissions required in any regulations that the use of the equipment may be subject to.

The requirements in section 5 apply correspondingly when a radio equipment retailer sells or by other means transfers radio equipment to a third party.

Before radio equipment that requires individual licence for use pursuant to section 5-3 of the Telecommunications Act are transferred to others, the radio equipment retailer shall provide guidance for the use and information on allowed radio frequencies. If the radio equipment falls outside the scope of Regulations (No 628) of 20 June 2000 on EEA requirements for radio and telecommunications equipment, and Regulations (No 709) of 15 June 1999 on EEA approval of maritime radio equipment, the radio equipment retailer shall also assure himself that the equipment may be used only in accordance with the licence given pursuant to section 5-3 of the Telecommunications Act.

The NPT monitor compliance with the requirements laid down in these regulations and compliance with decisions pursuant to these regulations.

As part of the enforcement activities, the NPT, or those authorised by the NPT, may carry out inspections of suppliers, radio retailers or users of radio equipment. In connection with such inspections, the NPT may carry out random checks, perform measurements or inspect the equipment by other means. If necessary, the equipment may be removed for more thorough investigations.

Anyone subject to inspection shall ensure that the inspectors have unimpeded access to the activity, the premises, the equipment and lists of equipment sold, etc., and contribute to the accomplishment of the inspection, cf. chapter 7 of the Telecommunications Act.

Necessary information and documentation shall be handed over, cf. section 9-1 of the Telecommunications Act.

Registered suppliers and radio retailers pay annual fees in accordance with the regulations in force on fees payable to the NPT.

In the event of violations of the obligations laid down in these regulations, the NPT may implement sanctions pursuant to chapter 7 of the Telecommunications Act, and may impose coercive fines under section 10-3 of the Telecommunications Act.

Violations of the these regulations are punishable pursuant to section 10-4 of the Telecommunications Act, and may entail the confiscation of equipment in accordance with the confiscation provisions of the penal code.

These regulations shall enter into force on 02 04 2001.

Regulations (No 264) of 8 March 1996 on the marketing, distribution and control of telecommunications and radio equipment, and the registration of telecommunications equipment suppliers and radio equipment retailers, shall be revoked as from the same day.