Cover Letters

FCC ID: NKRDBPC

Cover Letter(s)

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FCCID_635152

American Telecommunications Certification Body, Inc. 6731 Whittier Avenue McLean, VA 22101 Ph: (703) 847-4700 FAX: (703) 847-6888 Certification Application Package Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02

AmericanTCB CERTIFICATION APPLICATION Wistron NeWeb Corporation No. 10-1, Li-hsin Road I, Science-based Industrial Park Hsinchu 300, Taiwan, R. O. C. This TESTING AND CERTIFICATION AGREEMENT ("Agreement") is made effective as of the latter date of execution below, by and between American Telecommunication Certification Body (ATCB) and Wistron NeWeb Corporation (Applicant), collectively referred to as "the Parties". Equipment Description Equipment Description:Bluetooth VoIP Phone Model Number: VT25010 FCC Rule Part(s): 15C In consideration of the mutual covenants in this Agreement, ATCB or its subcontractors will perform certification inspection services to determine if Applicant's device(s) identified above under Equipment Description (hereinafter "Devices") are in compliance with the laws, regulations and technical standards (hereinafter "Certification Regulations") of the national authorities specified by Applicant in Schedule A. 1. General 1.1 This Agreement is for the purpose of testing and certification and applies to all tests, audits, and certifications for the Devices, and will be performed in accordance with the Certification Regulations of the national authorities specified in Schedule A. 1.2 ATCB retains full discretion to determine if the Devices are compliant with the Certification Regulations of the Countries. In the event that certification is not issued for the aforementioned Devices, ATCB agrees to advise Applicant in writing of the reasons thereof. 1.3 This Agreement may not be assigned to or acquired by any other person, firm, or corporation without ATCB's written authorization. 2. Scope of Performance 2.1 The scope of performance between the Parties shall be agreed to by contract, purchase order or other mutually agreed-upon schedule or order. 2.2 Except as provided in Section 2.3 hereof, testing of all Devices shall take place at ATCB facilities. 2.3 In lieu of section 2.2 above, ATCB may agree to accept test data from any ISO/IEC Guide 25 accredited laboratory or FCC-Listed Laboratory and evaluate the Devices on the basis of this data. ATCB may also choose to accept test data from ISO Guide 25 accredited laboratories owned by Applicant, provided the requirements of 2.3.1. are met. 2.3.1 Employees of Applicant shall not participate in any tests, evaluations, or assessments described in sections 2.2 or 2.3 above without the presence and supervision of an ATCB engineer or technician. 2.4 If requested for sample purposes (as required by the FCC), client shall supply ATCB, at no charge, with at least one test sample of each Device, including the necessary peripherals, connecting cables, accessories or other hardware or software (hereinafter collectively referred to as "support equipment") required for testing, evaluation, and assessment. 2.5 Applicant shall supply ATCB, at no charge, with all technical documentation and materials required for the testing, evaluation, and assessment of such Devices and support equipment. 2.5.1 Technical documentation and materials include, but are not limited to, any relevant operating instructions, schematics, block diagrams, photographs, prior tests and certificates concerning the safety of the Devices, its components or support equipment. 2.6 Applicant recognizes that Device samples, including support equipment, may be damaged or completely destroyed when subjected to ATCB's testing and evaluation process. Applicant shall hold ATCB harmless for any such damage or destruction to its equipment. 2.7 If necessary ATCB shall test, evaluate, or assess Applicant's equipment within 30 business days of ATCB's receipt of such Devices, support equipment and technical documentation, and to work diligently until certification is granted or denied, or Applicant decides to abandon testing, evaluation, and assessment on such Devices. Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02

AmericanTCB CERTIFICATION APPLICATION 2.8 Upon completion of testing, evaluation, or assessment, ATCB shall advise Applicant via an abbreviated report whether the results are favorable, and what, if any, conditions, limitations or qualifications to the requested Certification exist. 2.9 Applicant agrees that a full report is available to Applicant only by special request, and for the separate charge specified. 2.10 Where testing, evaluation, and assessment results in certification, ATCB shall certify Applicant's equipment as compliant with the laws, regulations and/or standards of the Countries within 30 business days from the date testing, evaluation, and assessment is completed. 2.10.1 Section 2.11 may be dependent upon a timely response by the United States Federal Communications Commission (FCC) or its foreign equivalent. 2.10.2 In the event of product certification, Applicant may request that ATCB return or destroy Applicant's Device sample(s), equipment support, and technical documentation. Applicant shall bear all costs associated with the return or destruction of such equipment test sample(s) and support equipment. 2.11 Where testing, evaluation, and assessment does not result in certification, ATCB shall provide cost-free storage for each Device sample, support equipment, and technical documentation for a period not to exceed 30 days, provided Applicant agrees to re-testing within this period when notified of the Device's failure. 2.12 If Applicant does not collect or accept receipt of the Device sample(s), support equipment and technical documentation, despite ATCB having sent notice pursuant to subsection 2.12.1, ATCB reserves the right to dispose of them at Applicant's expense. 2.13 Applicant shall retain all documents forwarded to it by ATCB as required by the Certification Regulations of the Countries. 2.14 Applicant shall notify ATCB immediately of any modifications made or planned in the design or technical construction of a Device, or of any planned or implemented changes in Applicant's approved quality assurance system which may render ATCB's certification inapplicable to a Device produced. 2.14.1 For Device modifications notified to ATCB under section 2.14, ATCB will decide in its good engineering judgment whether additional testing is required in order for the Device, as modified, to be manufactured or sold under the certification originally issued. 2.14.2 If Applicant's Device, as modified, does not comply with the Certification Regulations of the Countries, Applicant shall immediately endeavor to obtain compliance under the same Certification Regulations and shall, concurrently, remove any reference to the original certification indicating ATCB's approval or certification, from its Device, as modified. Applicant also agrees that a new certificate issued for a Device, as modified, must reference a model identifier number distinct from the one used in the certification originally issued by ATCB. 2.14.3 Applicant's failure to comply with section 2.14, or with the Certification Regulations of the Countries, may result in the nullification of its Device's certification. ATCB shall be obliged to notify the Regulatory Agency in the event of non-conformance with section 2.14. 2.15 Under FCC Rules, ATCB may revoke a Grant of Equipment Authorization within 30 days of the initial Certification. Under these conditions, Applicant's certification is revocable for cause, which includes, but is not limited to, the following: 2.15.2 ATCB is directed to revoke certification by the FCC or its foreign equivalent. 2.15.5 Applicant instructs ATCB in writing to revoke certification for a Device. 2.15.3 Applicant fails to comply with Certification Regulations of the Countries, subject to applicable regulations. 2.15.4 Applicant fails to pay any fees required by this Agreement. 2.15.3 Applicant breaches any of the terms, conditions or specifications listed in this Agreement. 3 The Applicant shall: a) keep a record of all complaints made known to the supplier relating to a product’s compliance with the requirements of the relevant standard and to make these records available to the certification body when requested; b) take appropriate action with respect to such complaints and any deficiencies found in products or services that affect compliance with the requirements for certification; and c) document the actions taken. 4 For devices for which a Certificate is issued (FCC Certification, e.g.), the Applicant agrees to abide by all the Rules and Regulations associated with the Certification for all series-produced equipment covered thereby. The Applicant agrees to ensure that no certificate or report or any part thereof is used in a misleading manner, furthermore, the Applicant shall make claims regarding certification only in respect of the scope for which certification has been granted. 5. Performance Times and Deadlines 5.1 Any performance times and deadlines agreed to by ATCB shall be construed as estimates. Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02

AmericanTCB CERTIFICATION APPLICATION 6. Cooperation 6.1 Applicant shall provide all cooperation required of it, its agents or third parties shall be provided using its best efforts and at no cost to ATCB. 6.2 Applicant shall provide and update Applicant's address, phone and facsimile numbers, as well as emergency contact information, for any situation which may arise after the close of normal business hours. ATCB agrees that such information will be held in confidence. 7. Confidentiality 7.1 ATCB shall not disclose to third parties any proprietary technical or financial information marked by Applicant as confidential without prior written consent, provided that ATCB may disclose any information or data, confidential, proprietary or otherwise, to the FCC or its foreign equivalent. 7.2 Other than disclosure pursuant to Section 7.1 above, ATCB will inform Applicant of all information marked as confidential intended to be disclosed to third parties and will provide Applicant with an opportunity to seek confidential protection of such information. 7.2 Any documents, reports, drawings, test data, etc., made available to, produced at the request of or by ATCB may be copied and retained by ATCB if necessary to the performance of this Agreement or in compliance with the applicable Certification Regulations of the Countries. 8. Invoicing 8.1 Fees shall be paid in full prior to commencing Certification activity. 9. Liability 9.1 Applicant shall hold ATCB harmless and defend and indemnify ATCB against any loss, expense, liability, or damage, including reasonable attorney's fees, arising out of any personal injury or damage to property, or other action arising from Applicant's failure to comply with any United States or foreign laws or regulations, or which may result from the performance, failure of performance, or operation of any equipment tested by ATCB or produced by Applicant in any facility inspected by ATCB. 9.1.1 In no event shall ATCB's liability under this Agreement exceed the cost of its billed services to Applicant. 10. Disputes and Appeals 11.1 This Agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Virginia, without regard to conflict of law principles. The Parties waive trial by jury, and agree to submit to the personal jurisdiction and venue of a court of competent jurisdiction in the State of Virginia, County of Fairfax. In the event litigation results from or arises out of this Agreement, the losing party shall reimburse the prevailing party with reasonable attorney's fees, court costs, and other associated expenses, in addition to any relief to which the prevailing party may be entitled. 11.2 In the case of an appeal regarding a Rule interpretation, the appropriate governing body shall be consulted to resolve or to provide guidance on the issue. 11.3 In the event of an appeal regarding dismissal or denial of an application for Certification, the submittor will have the option of providing written justification for a reversal of a Certification Board decision; this written justification must be provided within 10 business days of the date of the decision. The Certification Board shall review and provide a ruling on this within 10 business days of the date of the request. Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02

AmericanTCB CERTIFICATION APPLICATION WE AGREE WITH ALL TERMS, CONDITIONS AND SPECIFICATIONS AS STATED IN THIS AGREEMENT AND ITS SCHEDULES. Wistron NeWeb Corporation By:___________________________ _____2006/03/08______ Mr. Edward Yeh / Engineer (Date) AmericanTCB By:___________________________ ___________________________ ______ (Date) Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02

Wistron Neweb Corporation No. 10-1, Li-hsin Road 1, Science-based Industrial Park,Hsinchu 300, Taiwan, R. O. C. 886-3-666-7799 886-3-666-1654 Letter Of Agency Date: Mar. 08, 2006 American Telecommunications Certification Body, Inc. 6731 Whittier Avenue Suite C110 McLean, VA 22101 To Whom It May Concern: Please be advised that Wistron NeWeb Corporation authorizes International Standards Laboratory (ISL) to act on our behalf, until otherwise notified, for applications submitted to American Telecommunications Certification Body, Inc. (ATCB). We certify that we are not subject to denial of federal benefits that includes FCC benefits, pursuant to Section 5301 of the Anti-Drug Abuse ACT of 1988, U.S.C. 862. Further, no party as defined in 47 CFR 1.2002(b), for this application is subject to denial of federal benefits that includes FCC benefits. Thank you for your attention to this matter. ________________ Mr. Edward Yeh / Engineer Wistron NeWeb Corporation Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02

Wistron Neweb Corporation No. 10-1, Li-hsin Road 1, Science-based Industrial Park,Hsinchu 300, Taiwan, R. O. C. 886-3-666-7799 886-3-666-1654 Date: Mar. 08, 2006 American Telecommunications Certification Body, Inc. 6731 Whittier Avenue Suite C110 McLean, VA 22101 RE: Certification Application FCC ID: NKRDBPC Model: VT25010 We would like to have a FCC certification for NKRDBPC (EUT). The EUT is a Bluetooth VoIP Phone. We have uploaded the following document for the EUT onto your website. 1. Form 731 2. Application & Authorization letter 3. Test Report 4. Block Diagram 5. Schematics 6. Manual 7. internal photo & setup photo Please review the information we submitted and issue us a grant for the subject model. If you have any comments, please do not hesitate to contact us. Thank you for your attention to these matters. Sincerely, ________________ Mr. Edward Yeh / Engineer Wistron NeWeb Corporatio Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02

Wistron Neweb Corporation No. 10-1, Li-hsin Road 1, Science-based Industrial Park,Hsinchu 300, Taiwan, R. O. C. 886-3-666-7799 886-3-666-1654 FCC Labeling Requirements and Information Date: Mar. 08, 2006 American Telecommunications Certification Body, Inc. 6731 Whittier Avenue Suite C110 McLean, VA 22101 RE: Certification Application FCC ID: NKRDBPC Model: VT25010 The following label information is required by the FCC Rules and Regulations for certified devices. Please find marketing information required by the FCC Rules and Regulations as following: Label Requirements An intentional radiator device subject to certification by the FCC shall carry a warning label which includes the following statement: (due to the space limitation, the statement is listed on page 2 of users’ manual) This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. (Due to the space limitation, the statement is listed on page 2 of the users’ manual) The sample label shown shall be permanently affixed at a conspicuous location on the device and be readily visible to the user at the time of purchase. FCC ID: NKRDBPC Sincerely, ________________ Mr. Edward Yeh / Engineer Wistron NeWeb Corporation Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02

Wistron Neweb Corporation No. 10-1, Li-hsin Road 1, Science-based Industrial Park,Hsinchu 300, Taiwan, R. O. C. 886-3-666-7799 886-3-666-1654 Request for Confidentiality Date: Mar. 08, 2006 American Telecommunications Certification Body, Inc. 6731 Whittier Avenue Suite C110 McLean, VA 22101 RE: Certification Application FCC ID: NKRDBPC Model: VT25010 Please be advised that the following information is to be held confidential on behalf of Wistron NeWeb Corporation : Block Diagram Schematics Technical Spec The application contains technical information which Wistron NeWeb Corporation deems to be trade secrets and proprietary. If made public, the information might be used to the disadvantage of the applicant in the market place. Thank you for your attention to this matter. Sincerely, ________________ Mr. Edward Yeh / Engineer Wistron NeWeb Corporation Rev 2 C:\tmp\06LR004 VT25010\FCC\AP FORM.doc 02/08/02


Document Created: 2006-03-08 15:28:41
Document Modified: 2006-03-08 15:28:41
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