Do I need R&TTE conformity if I ship preinstalled WLAN drivers?

[mpfgregory]

I have a product with an embedded Linux OS. The product is locked, so the customer can't install his own software or drivers. The product sends out data via LAN, but some customers would like to use WLAN instead. This could be done by using a USB WLAN stick. For this to work, I will have to preinstall the firmware for a certain WLAN stick and recommend to the customer to buy this type of WLAN stick. When I told this plan to the engineer at the EMC lab, he said that we might need to consider R&TTE conformity for the combination of our product and the WLAN stick, because by preinstalling the drivers this WLAN stick is considered to be equipment intended to be used with our product. The WLAN stick itself is R&TTE conform. What is your opinion?

[weidong_sun]

Hello mpfgregory ,

      In my opinon, USB WLAN stick is not your product, you don't need to do R&TTE conformity.

Regards,

weidong

[mpfgregory]

Thanks for the answer! This is also what I thought.

The Guide to the R&TTE Directive (http://www.etsi.org/WebSite/document/Guide%20R&TTE%20Dir.%201999-5-EC%202009-04-20.pdf ) says:

"When a product includes a radio or telecommunications terminal component, the component or, if it cannot be separated, the whole product is subject to the provisions of the R&TTE Directive. So, for example, a PC that incorporates a WLAN falls within the scope of the Directive but in the case of a separate WLAN card attached to a PC the PC is not covered by the Directive (while the WLAN card naturally is covered by the Directive)."

You could argue that a PC is different than an embedded system. On a PC with a WLAN stick, the user has to install the driver himself. The PC vendor doesn't know that the user will use the PC as a telecommunications terminal. On our embedded system, we install the driver. So we are aware that the user will use it as a telecommunications terminal.

I think the question is if the USB WLAN stick is a telecommunications terminal in itself, or if our embedded system with the WLAN stick connected to it is a telecommunications terminal. If only the USB WLAN stick is a telecommunications terminal, only the stick is subject to R&TTE, since it can be separated from the system.

The definition of a telecommunications terminal is (R&TTE directive):

"telecommunications  terminal  equipment  means  a product enabling communication or a relevant component thereof which is intended to be connected directly or indirectly by any  means  whatsoever  to interfaces   of   public   telecommunications   networks".

You could argue in the case of our embedded system with preinstalled driver, that this product is intended (by preinstalled driver) to be indirectly connected (via the USB WLAN stick) to a public telecommunications network (the air).  This would mean that the complete system is subject to R&TTE. In case of a PC with no preinstalled drivers, you can't say that the system is intended to be used with a WLAN stick.

Any opinions?

Best regards

Michael