21285 - SCTE Broadband Dec2021 COMPLETE v1

30 Vol. 43 No. 4 - November 2021 Issue from the industry The Commission shows that the delegated act will not procedure overlapping rules to existing legislation. It will implement the delegated act in the well-known framework of the CE labelling and the existing market surveillance. The reference to the current framework helps to ensure that the industry will have to invest little in the new requirements. We are supported by harmonized standards and learned market surveillance. It is helpful that we do not implement their certification labels and certification processes in every member state. We in the telecommunications industry know the certification process from the harmonized standards for EMC under the EMCD. The point above is stated in the lines of the draft: [..] n The possibility to use existing empowerments that have already been granted to the Commission will allow to act, in respect of the existing framework and without the need of a specific additional legislation. In order to address the problems regarding products lacking security features, a specific objective is to provide market surveillance authorities with an enforcement tool allowing them to take corrective action. n A final objective is to establish a level-playing field through clear and proportionate rules that are effectively and uniformly enforced across the EU. [..] The content of the delegated act is the following: n Article 1 [..] n 2. The essential requirement set out in Article 3(3), point (e), of Directive 2014/53/EU shall apply to any of the following radio equipment, if that radio equipment is capable of processing, within the meaning of Article 4(2) of Regulation (EU) 2016/679, personal data, as defined in Article 4(1) of Regulation (EU) 2016/679, or traffic data and location data, as defined in Article 2, points (b) and (c), of Directive 2002/58/EC: n (a) internet-connected radio equipment, other than the equipment referred to in points (b), (c) or (d); (remark CE: see RED) n (a) radio equipment designed or intended exclusively for childcare; n (b) radio equipment covered by Directive 2009/48/EC; (CE: see Directive 2009/48/EC on the safety of toys) n (c) radio equipment designed or intended, whether exclusively or not exclusively, to be worn on, strapped to, or hung from any of the following: (i) any part of the human body, including the head, neck, trunk, arms, hands, legs and feet; (j) any clothing, including headwear, hand wear and footwear, which is worn by human beings; n 3. The essential requirement set out in Article 3(3), point (f), of Directive 2014/53/EU shall apply to any internet- connected radio equipment, if that equipment enables the holder or user to transfer money, monetary value or virtual currency as defined in Article 2, point (d), of Directive (EU) 2019/713 (remark CE: see Directive on combating fraud and counterfeiting of non-cash means of payment) [..] Impact on the Telecommunications Business The content of the Delegates Act clearly shows the impact on the business of the network operators. In focus are the CPE with the radio equipment. These are, e.g. fibre optic modems with an RLAN or cable modems with RLAN. But this is not the only equipment. Modems have to be synchronized with, e.g. Smart TVs and other equipment in the home. Smart metering devices have to follow the rules in the same way when they have an RLAN module. You see much more devices that the delegated act covers. If an operator likes to offer new services, he must review where he gets the right equipment. This means that the ANGA / SCTE community must follow the standardisation process and has to inform the SCTE Society about the ongoing discussions. The final decision of the Delegates Act will be expected in December. It shall apply 30 months after the date of entry into force of this Regulation. That means that the ESOs have 30 months to develop a harmonized standard. In December, we expect a Standardisation Mandate to CEN/CENELEC/ETSI. ETSI TC Cable should send out a Liaison Statement to ETSI TC Cyber, and TC Cable must be involved in the work of TC Cyber to explain the relevant DOCSIS topics. It is vital that we have the typical market surveillance and that the industry can use the established process. We must have a standard approach in Europe to prevent fragmentation of the market. In our work, we shall check the content and the relevance of ETSI EN 303 645 V2.1.0 (2020-04) TC CYBER; Cyber Security for Consumer Internet of Things: Baseline Requirements.