Navigating Chile’s Evolving Regulatory Landscape

Chile represents a significant market opportunity in Latin America, with one of the region’s most advanced telecommunications infrastructures. However, the country maintains a distinct regulatory framework that requires careful attention from manufacturers and importers of wireless devices. The telecommunications sector is overseen by the Subsecretaría de Telecomunicaciones (SUBTEL), the governmental authority responsible for establishing technical standards, managing radio spectrum allocation, and ensuring regulatory compliance. 

For nearly a decade, Chile’s regulatory framework has been anchored by Resolución Exenta 1985 of 2017, which established comprehensive technical requirements for short-range devices (SRDs). However, the regulatory landscape is currently undergoing a critical change with the introduction of Exempt Resolution No. 737, issued on May 13, 2025. This new regulation represents a shift from traditional pre-market certification to a self-declaration model centered on mandatory QR code implementation, with an effective date of February 22, 2026.  

Understanding Chile's Regulatory Landscape

Chile’s regulatory framework for telecommunications equipment, while comprehensive, diverges from regional and international norms in several important aspects. Unlike many countries in the Americas that closely align with Federal Communications Commission (FCC) standards, Chile has established its own specific technical requirements and power limitations.  

A notable example of this divergence is the maximum Equivalent Isotropically Radiated Power (EIRP) permitted for devices operating in the 2.4 GHz band. While the FCC permits up to 4 Watts, Chile imposes a maximum limit of 1 Watt . This distinction shows the importance of conducting early and thorough evaluation of SUBTEL’s technical requirements during the product design and development phases to avoid costly modifications and market entry delays. 

Strict Test Report Requirements

SUBTEL accepts test reports from accredited laboratories that follow FCC or European (CE) standards as a basis for certification. However, this acceptance is subject to strict conditions that must be carefully observed. The most critical requirement is that the model name documented in the test report must exactly match the model name appearing on the product label, application documents, and all supporting materials. Any discrepancy, regardless of how minor, will result in application rejection.  

Additionally, test reports must clearly demonstrate compliance with Chile’s specific power output and frequency range limitations as measured during testing. Unlike some regulatory authorities, SUBTEL does not permit post-test declarations or attestations to modify or reinterpret test results. Compliance must be demonstrated at the time of testing. 

The following table provides an overview of key power limitations for common frequency bands in Chile: 

Frequency Band Maximum EIRP Usage Restrictions
2.4 GHz (2400-2483.5 MHz)
1 W
Indoor and outdoor use permitted
5 GHz (5150-5250 MHz)
1 W
Indoor use only
5 GHz (5725-5850 MHz)
1 W
Indoor and outdoor use permitted
902-928 MHz
RFID: 80mV/m at 3 meters LORA: 7 mW
Indoor and outdoor use permitted
915-928 MHz
500 mW
Spread Spectrum
913-919 MHz or 925-928MHz
1 W
Spread Spectrum

These limitations represent a significant difference from FCC standards and must be carefully considered during product design and testing phases. 

Labeling and Model Name Precision

Product labeling requirements in Chile demand careful attention to detail and compliance with local standards. Labels must clearly display the brand model and name. The model name serves as a critical linking element across all documentation and must be identical in every instance, including test reports, application materials, product labels, and declarations of conformity.  

Any modification to the model name after testing has been completed will require new test reports and new Declaration of Conformity or QR code, possibly resulting in delays and additional costs without proper planning. 

Module Approval Nuances

Understanding the current policy is crucial for successful approval. On December 2017, SUBTEL discontinued the practice of issuing standalone modular approvals.  The agency requires certification of the complete end product rather than individual modules. However, accredited test reports on modules may still be utilized to support end product compliance. 

When using module test reports, manufacturers must submit a Module Declaration Letter accompanied by the module’s original test reports. This submission must include high-definition photographs of the end device main board that clearly display the module’s name and branding, with all information properly aligned with the provided test data. The improper use or misapplication of module declarations represents one of the most common causes of application rejection, making strict adherence to these guidelines essential. 

The New Era of Compliance: Resolution 737 and the QR Code Mandate

Resolution 737 is the most substantial modification to Chile’s regulatory framework in recent years and will fundamentally alter the market entry process for most short-range devices. The resolution was approved on May 13, 2025, published in Chile’s Official Gazette on May 22, 2025, and will become mandatory on February 22, 2026 

Regulatory Rationale and Objectives

The development of Resolution 737 was driven by several converging factors that SUBTEL identified as necessitating regulatory reform. The exponential growth of Internet of Things (IoT) devices, 5G technologies, and consumer electronics has generated a sustained increase in certification requests, creating significant administrative burdens on the agency. Simultaneously, many devices regulated under the SRD standard possess limited capacity to cause harmful interference, making the application of uniform regulatory treatment inefficient from a risk management perspective 

SUBTEL’s approach aligns with international trends toward more flexible regulatory models based on self-declaration for low-risk equipment, while maintaining rigorous controls for critical applications. This administrative modernization enables SUBTEL to concentrate resources on enforcement activities and quality control rather than routine certification processing. However, it is important to emphasize that the transition to self-declaration does not diminish SUBTEL’s enforcement authority. The agency retains full supervisory powers to inspect equipment, demand documentation, and impose sanctions for non-compliance. 

Differentiated Compliance Pathways

Resolution 737 establishes two distinct compliance pathways based on device classification and risk assessment: 

Pathway 1: Mandatory Formal Certification for Medical Devices 

Medical-use short-range devices will continue to require formal SUBTEL certification prior to commercialization. This category encompasses: 

  • MICS (Medical Implant Communications Service) devices: Implantable medical devices operating in the 402-405 MHz frequency band 
  • Medical data acquisition devices: Equipment operating in the 430-440 MHz band for patient monitoring applications 
  • Other regulated medical equipment: As specified in sections g and h of Article 1 of the technical standard 

For devices falling within these categories, the traditional certification process remains unchanged, requiring formal SUBTEL review and approval before market entry. 

Pathway 2: Self-Declaration with QR Code for Non-Medical SRDs 

All other short-range devices, representing the vast majority of wireless consumer and commercial products, will transition to a self-declaration regime. This pathway requires manufacturers and importers to: 

  1. Verify regulatory compliance through test reports or previously issued SUBTEL certificates 
  2. Display a QR code on product packaging that links to a comprehensive technical information webpage 

This mandate applies to all products to be sold, distributed and used in Chile, even those that have previously obtained a certificate from SUBTEL. 

This pathway applies to common device categories including Wi-Fi routers and access points, Bluetooth peripherals and wearables, Zigbee home automation devices, RFID systems, wireless keyboards and mice, IoT sensors and controllers, and similar short-range wireless technologies. 

QR Code Implementation Requirements

The QR code serves as the central mechanism for transparency and compliance verification in the new regulatory framework. Manufacturers or importers of non-medical short-range devices must verify regulatory compliance through test reports or previously issued SUBTEL certificates and display a QR code on product packaging. This mandate applies to all products to be imported and used in Chile, even those that have previously obtained a certificate from SUBTEL.   

The code must be prominently displayed on the outer surface of product packaging. However, if the product does not have any packaging, the QR code must be displayed on the device itself or in supporting documentation such as the user manual or quick start guide. Additionally, the QR code must appear in any digital environment where the product is displayed or offered for sale, including e-commerce platforms, online catalogs, and promotional materials. 

When scanned, the QR code must direct users to a Spanish-language webpage containing comprehensive product and compliance information organized into the following categories: 

Information Category Required Content
Commercial Data
Commercial and contact information for the manufacturer and local importer/representative
Device Information
Device type, Brand and Model identification
Technical Characteristics
Operating frequency band(s), Antenna gain specifications, Radiated power (EIRP), Supported technologies (Wi-Fi, Bluetooth, Zigbee, etc.), Additional relevant technical specifications
Technical Documentation
Complete test report (available for download in PDF format) Declaration of conformity with Chilean regulations (downloadable PDF) OR Copy of existing SUBTEL certificate (if device was previously certified)

Important Note: If the device was previously certified by SUBTEL, the test reports and declaration of conformity can be replaced by a copy of the existing certificate. 

Website and Documentation Standards

The regulation prescribes strict formatting rules for the information presented via the QR-linked webpage. The webpage must be hosted on a reliable server infrastructure with high availability, ideally maintaining 99.9% uptime, and must implement HTTPS protocol with a valid SSL certificate. Any website downtime or QR code scanning failures may be considered non-compliance and could result in enforcement actions.  

Information must be presented using standardized data fields for technical parameters including frequency bands, antenna gain, modulation types, and equipment classification. All technical data must align precisely with the device’s test report or existing SUBTEL certificate. For websites hosting information for multiple products, a searchable index is required to facilitate navigation. In cases where technical data is considered confidential, redacted or password-protected versions may be used, but such arrangements must be disclosed to SUBTEL in advance. Incomplete or improperly formatted websites may constitute noncompliance.

QR Code Technical Specifications

The QR code itself must meet specific technical requirements to ensure functionality and accessibility: 

Specification Requirement
Minimum size
1 cm × 1 cm
Readability
Must be scannable by standard mobile devices (smartphones)
Format
Light background with adequate contrast; no decorative borders
Physical placement
Visible on the outer face of product packaging
Digital placement
Visible in all digital spaces where product is displayed
Destination
Must link to a Spanish-language webpage URL
Availability
Destination webpage must be permanently accessible

Enforcement Authority and Sanctions

Resolution 737 preserves SUBTEL’s full enforcement powers as established under the General Telecommunications Law (Law 18.168). The agency’s enforcement capabilities include:  

  • Conducting inspections of commercial establishments, warehouses, customs facilities, and e-commerce platforms 
  • Requiring presentation of test reports, declarations of conformity, and technical documentation 
  • Performing independent measurements and technical tests to verify compliance 
  • Verifying that QR codes function properly and that linked webpages contain all required information 
  • Conducting random compliance audits without prior notification 5  

Violations of the new requirements, including missing QR codes, non-conforming web documentation, or devices that fail to meet technical standards, will trigger sanctions as outlined in Title VII of the General Telecommunications Law. Potential penalties include monetary fines, product seizures, and restrictions on future imports. 

Strategic Implications for Manufacturers and Importers

The transition to self-declaration represents both an opportunity and a responsibility for manufacturers and importers. The elimination of pre-market certification for most devices significantly reduces time-to-market, as companies no longer need to wait for formal SUBTEL approval before commercialization. However, this expedited process places primary responsibility for compliance verification on the manufacturer or importer, requiring robust internal quality assurance processes and comprehensive documentation management. 

Approval Pitfalls to Avoid

Despite the streamlined nature of the new self-declaration system, several common errors continue to result in compliance failures and market access delays:  

Mismatched Model Names 

Inconsistencies in model name designation across test reports, product labels, and application documents represent the most frequent cause of application rejection. Even minor variations in formatting, punctuation, or spacing will result in rejection. 

Incomplete Labeling 

Failure to include all required information on product labels, including brand, model, manufacturer, and country of origin , constitutes a violation of Chilean labeling requirements and will prevent product sales. 

Excessive Power Output 

Submitting test reports that demonstrate EIRP levels exceeding Chile’s specific limitations will result in inspection failures. Devices must be configured and tested to meet Chilean power limits. 

Improper Module Declaration Usage 

When relying on module test reports to support end product certification, incomplete documentation or unclear PCB photographs frequently result in inspection failures. All required materials must be provided with clear alignment to test data. 

How Global Validity Can Help

As Chile’s regulatory landscape continues to evolve with the implementation of Resolution 737, Global Validity offers comprehensive support to help manufacturers and importers navigate SUBTEL certification and the new self-declaration requirements.  

Additionally, to our global market access services, we can also support webhosting and QR code implementation for your product.  

Have questions or want to learn more about how we can support your regulatory objectives? Please contact us! 

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