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Chapter 1 General Provisions
Article 1
These Regulations are promulgated pursuant to Paragraph 5, Article 47 of the Telecommunications Act (hereinafter referred to as this “Act”).
Article 2
The terms of these Regulations are defined as follows:
1. “Academic and Educational Telecommunications Network”: means a communication network that is for academic and educational use as well as comply with the purpose of establishment and operation prescribed by Paragraph 1, Article 5.
2. “ Experimental, Research and Development Telecommunication Network”: means a communication network that is for experimental, research and development use as well as shall comply with the purpose of establishment and operation prescribed by Paragraph 2, Article 5.
3. “Administrators”: means those who establish one part or all of telecommunication facilities of Academic and Educational, or Experimental, Research and Development Telecommunication Network by themselves pursuant to this Regulation as well as have been issued licenses approved by the competent authority.
4. “Subscribers”: means those who register to or contract with administrators to make use of Telecommunications network service provided by them.
5. “broadcasting and television career”: Refers to the broadcasting career, television career, cable broadcasting and television system operators (cable television Programs broadcasting system), satellite broadcasting and television career.
Article 3
The competent authority referred to in these Administrative Regulations shall be the National Communications Commission.
Article 4
The applicant applying for the establishment and operation of a telecommunications network for academic purposes shall, prior to submitting an application to the competent authority, be approved as an academic body by the relevant authority.
The applicant shall gain approval of the competent authority prior to the establishment of the telecommunications network for academic, or experimental, research and development purposes; after the establishment has been approved and examined and the license issued, the telecommunications network shall be put into use.
The competent authority that reviews applications for the establishment of an experimental, research and development telecommunications network may establish a Review Committee.
The procedure of establishing Review Committee in the preceding regulation shall be instituted by the competent authority.
Article 5
The purposes that establish Academic and Educational Telecommunications network shall comply with one of the following situations:
1. To support academic, educational or research applications.
2. The construction of Academic and Educational Telecommunications network to promote academic level as well as advance research and development.
3. To integrate Telecommunications network of academic or educational resources.
The purposes that establish Experimental Research and Development Telecommunication Network shall comply with one of the following situations:
1. Techniques required for the type certificate testing the related equipment of Telecommunications network system.
2. To develop or test communication or value-added service for each type of Telecommunications network, so as to study a category of service and content or estimate the commercial value of service.
3. To research, develop or test techniques or the related facilities of Telecommunications network system, so as to comply with a demand of technical research and development.
Article 6
Applicants or administrators shall not utilize Academic and Educational, or Experimental, Research and Development Telecommunication Network established to provide Telecommunications service with the behaviors of Telecommunications business or broadcasting and television business that engage in making profit, transgress the operation or lead to misunderstanding by the public.
Applicants or administrators, who provide Academic and Educational Telecommunications network with each kind of Telecommunications service, shall not charge any fee from the subscribers. Nevertheless, those who share the expenses of network construction or the maintenance and operation shall not be limited herein.
Applicants or administrators, who provide each kind of Telecommunications service for Experimental, Research and Development Telecommunication Network, shall not charge any fee from the subscribers. In order to ensure facilities that would not be damaged by the subscribers and regularly returned to administrators within the stipulation date, equipment deposit that collects by two-party contract, and the generated communications, value-added services by connecting with telecommunications career or the broadcasting and television career shall not be limited herein.
Chapter 2 Application and Verification
Section 1 Academic and Educational Telecommunications Network
Article 7
Those who apply and establish Academic and Educational Telecommunications network shall be subject to one of the following qualification:
1. The central authorities or local organizations that are engaged in academic research or in charge of education activities.
2. Educational organizations that establish the related departments and institutes of Telecommunications, Radio Communication or Information.
3. Public and private research institutions that devote themselves to the related research on Telecommunications network and radio communication.
Article 8
Those who apply to establish an academic telecommunications network (procedure as Attachment 1) shall prepare and submit the following documents to the competent authority:
1. Application (as Attachment 2).
2. Documents approved by the competent authority of the objective career.
3. A proposal of the establishment.
4. A CD-Rom containing the application in digitized documents (either PDF or ODF format).
Article 9
The proposal of establishment under Subparagraph 3 of Paragraph 1 of the preceding Article shall include the following items:
1. The purpose and benefits of establishment.
2. Research items and methods, or a concrete proposal for bridging the nation’s academic, teaching research activity and application development.
3. The contents of service.
4. The geographical range, the valid period, conditions for use, the expenses sharing style, the reasons for network construction or maintenance, and operation costs.
5. Regulations of the utility or contracts of the subscriber.
6. Methods of network communication and a diagram of system configuration; if interconnecting with other networks, a diagram of interconnection configuration shall be attached.
7. Construction project, schedule and expected costs for network system.
8. A proposal of use of frequency (excluded if not operating on radio frequencies).
Subparagraph 8 of the preceding Paragraph regarding frequency manipulation proposals shall state the following matters and also submit relevant proof of documentation:
1. The radio station establishment proposal and quantity list.
2. The intended frequency use, including frequency range, and transmission power used in various experimental areas.
3. Air interface standard.
4. The mechanism for the prevention of interference.
5. Area of penetration:
(1) The station location and radio wave’s coverage diagram (the drawing and chart’s peripheries shall come with topographical drawing, photocopied maps or electronic maps including longitude and altitude data).
(2) Description of the measurement evaluation data, which shall include various radio frequencies’ radio wave (≧-125dBm) coverage perimeters used in various experimentation areas and the experimentation’s test operating perimeters.
Article 9-1
The submitted application for the establishment of an academic telecommunications network shall not be returned.
Applications or a proposal of the establishment that is deemed incomplete shall be returned with prescribed corrective action to be undertaken within a period of time; those who have not undertaken the required corrective action within the prescribed period of time shall be rejected.
Article 10
Upon receipt of the application for the establishment of an academic telecommunications network, the competent authority shall verify the following items:
1. The establishment purpose and benefit.
2. The geographical range and the valid period of establishment, conditions of use, expenses sharing style, the reasons of network construction or maintenance, and operation costs, including methods of compiling costs for equipment.
3. Feasibility of the network construction and construction schedule.
4. Academic contribution or the development of telecommunications industries in Taiwan.
5. Network stability, security, and administrator’s capacity for the maintenance and operation.
6. Whether the proposal violates the items established by these Regulations.
The competent authority shall have the authority to delete items or contents of the proposal for establishment.
When frequencies and the geographical range of the network establishment that are arranged by several applicants overlap, the applicant with the greater quantity shall have priority for approval. If necessary, the competent authority shall request applicants to resolve an overlapping issue within a prescribed period of time.
A certificate of the approval for the network establishment shall be promulgated by the competent authority.
Frequency shall be in concordance effectively and jointly used as a matter of principle. The applicant or administrator shall use the frequencies according to the establishment proposal the competent authority has reviewed and approved.
Due to the development of telecommunications, the competent authority may request the applicant or the administrator to change or cease using frequencies, in part or as a whole, to which the applicant or the administrator may not refuse or request for compensation.
Following such request of the competent authority to change or cease using frequencies, the applicant or the administrator, when in need of using other radio frequencies, shall file for an alternative establishment proposal according to stipulations set forth under Paragraph 2, Article 12.
Article 11
If the application to establish an academic telecommunications network fall under any one of the following circumstances, and remain unresolved after receiving a prescribed period of time from the competent authority to undertake corrective action, it shall be rejected:
1. Those that violate Paragraph 1, Article 4.
2. Those that violate Article 5.
3. Those that violate Article 7.
Article 12
The applicant or administrator shall adhere to the establishment schedule approved by the competent authority; should operation of a radio station is needed, it shall be conducted in accordance with Paragraph 22.
When making a change to the establishment schedule, the applicant or administrator shall state the reasons and submit the changed proposal and information to the competent authority for approval. A certificate of the network establishment and operation license shall be issued in exchange of.
The term of validity of the network establishment or establishment and operation license as to the preceding Paragraph shall be the same as the original copies.
Article 13
The academic telecommunications network certificate of approval for network establishment shall be valid for a period of one year.
Should the applicant not complete the establishment academic telecommunications network within the validation period of the certificate of approval, the applicant may state the reasons and apply to the competent authority for an extension one month prior to the expiration; the extension period may not exceed one year and shall be limited to once only.
Should the applicant abort the establishment of the network within the validation period of the certificate of approval, the applicant shall state the reasons and submit the established radio station list or network status data to the competent authority pending further verification and also have the competent authority revoke the establishment permit.
If network establishment has not be completed within the validation period of the certificate of approval or should the competent authority revoke approval of the network establishment, the applicant shall promptly abort the establishment and also dismantle relevant equipment, per stipulations set forth under Paragraph 3, Article 35.
Article 14
Those who apply to establish Academic and Educational Telecommunications network as well as complete a schedule of the approved construction shall examine and provide a test report of the network security with self-assessment (format as Attachment 4) to file the competent authority for the approval, which afterward an operating license of the establishment is issued.
Article 15
A license of the establishment for Academic and Educational Telecommunications network shall illustrate the following items:
1. Name of the establishment for Telecommunications network, Administrator Name and Address
2. The type of establishing Telecommunications network
3. The geographical range of the establishment
4. The subscriber’s condition or population
5. Utility frequency Band
6. The term of validity
7. Licensed date
Section 2 Experimental, Research and Development Telecommunication Network
Article 16
Those who apply to establish an experimental, research and development telecommunications network shall fall under one of the following qualifications:
1. Holding a career in telecommunications or broadcasting and television.
2. Corporations or public and private research institutions that have committed to related research or manufacturing of telecommunications network and radio communications equipment.
3. Educational organizations that have established related departments and institutes of telecommunications, radio communications or information.
Article 17
Those who apply to establish Experimental, Research and Development Telecommunication Network and have applied for radio frequency shall be limited in a population of 100 subscribers at most. Nevertheless, those who are approved by the competent authority shall not be limited herein.
Article 18
Those who apply to establish an experimental, research and development telecommunications network (as Attachment 1) shall inspect and provide the following documents to apply to the competent authority.
1. Application (as Attachment 2).
2. A proposal of the establishment.
3. Documents that apply to establish an organization or a photocopy of certificate for the registration of corporation.
4. A CD-Rom containing the application in digitized documents (either PDF or ODF format).
Article 19
A proposal of the establishment under Subparagraph 2 of Paragraph 1 of the preceding Article shall include the following items:
1. The purpose and benefits of establishment.
2. Experimental items and methods.
3. The geographical range and the valid period of the establishment, the number of users, method of compiling funds for equipment, and reasons.
4. The utility regulations or contracts for the users.
5. An explanation of network communication and a diagram of system configuration; if interconnecting with other networks, a diagram of interconnection configuration shall also be attached.
6. Construction project, schedule and expectative costs of network system.
7. Technical research or list of items of telecommunications service that can be provided.
8. A concrete proposal on research, development, test or the collection of related data.
9. A concrete proposal to cooperate with domestic industries, authorities and academic circles.
10. A proposal of use of radio frequency (excluded if not operating on radio frequencies).
Subparagraph 10 of the preceding Paragraph regarding radio frequency use proposals shall state the following matters and also submit relevant proof of documentation data:
1. The radio station establishment proposal and quantity list.
2. A proposal of use of radio frequency, including various frequencies, frequency bandwidth and transmission power used in various experimental areas.
3. Air interface standards.
4. The mechanism for the prevention of interference.
5. The region covered by radio waves:
(1) The station location and radio wave’s coverage diagram (drawing and chart’s peripheries shall come with topographical drawing, photocopied maps or electronic maps with longitude and altitude).
(2) Description of the measurement evaluation data, which shall include various radio frequencies’ radio wave (≧-125dBm) coverage perimeters used in various experimentation areas and the experimentation’s test operating perimeters.
Article 20
For those who apply to establish an experimental, research and development telecommunications network, methods, such as the review items, approval criteria, items not to be granted approval, network construction, application to change and the procedure of the approval, license issuance as well as license that shall record the items may be in accordance with stipulations in Article 9-1, Article 10, Subparagraph 2 of Article 11, Article 12, Article 14, and Article 15.
Article 21
The validation period of the approval of an experimental, research and development telecommunications network shall be six months.
Should the applicant not complete the establishment of an experimental, research and development telecommunications network within the validation period of the certificate of approval, the applicant may state the reasons and apply to the competent authority for an extension, one month prior to the expiration; the extension period may not exceed one year and shall be limited to once only.
Should the applicant abort the establishment of the network within the validation period of the certificate of approval, the applicant shall state the reasons and submit the established radio station list or network status data to the competent authority pending further verification and also have the competent authority so as to revoke the establishment permit.
If network establishment has not be completed within the validation period of the certificate of approval or should the competent authority revoke approval of the network establishment, the applicant shall promptly abort the establishment and also dismantle relevant equipment, per stipulations set forth under Paragraph 3, Article 35.
Section 3 The Establishment and Investigation of Radio Station
Article 22
Both an academic and an experimental, research and development telecommunications network shall gain approval for a radio station permit from the competent authority prior to establishment of a radio station; the network shall begin operations upon gaining validation being issued with a station license.
In the preceding Paragraph, the established radio station equipment that falls under a low-frequency transmission frequency server with obtained configuration certification, compliance statement and abridged compliance statement shall state so in the establishment proposal to be exempt from applying for the establishing permit and a radio station license.
Article 23
An applicant applying to establish a radio station shall submit the following documentation to the competent authority:
1. Application Form for the Establishment of a Radio Station (Attachment 5).
2. Photocopy of the network establishment approval certificate or establishment and operation license.
3. The radio station equipment catalogs.
4. Certificate (Attachment 6).
The validation period to establish a radio station in the preceding Paragraph shall not exceed six months.
When applying for the establishment of more than one radio station as per Paragraph 1, the applicant or the administrator shall submit the radio station establishment list, and also enter it according to the radio station numbers.
Should the applicant not complete the establishment of the radio station within the validation period, the applicant may state the reasons and apply to the competent authority for an extension one month prior to the expiration; the extension period may not exceed one year and shall be limited to once only.
The applicant or the administrator establishing the radio station shall obtain legal rights and proof of legal source certification-related documentation for operating the radio station equipment, and shall prepare for examination by the competent authority when performing the radio station review validation work.
Of the radio station establishment involving station building or establishment location’s structural safety, fire safety, site rights, and related matters, the applicant or the administrator shall implement the matters in accordance with stipulations set forth under the Law of Architecture, Fire Code, as well as other laws and regulations.
The applicant or the administrator signing the affidavit matters as stated according to Paragraph 1 shall submit a separate affidavit in the case of an update or change.
The applicant or the administrator, upon expiration of the radio station establishment permit, shall voluntarily declare to the competent authority for further validation, and also have the competent authority revoke the establishment permit.
Should the establishment of the radio station not yet be completed within the validation period of the establishment permit or when the competent authority has revoked the establishment permit, the applicant or the administrator shall cease operating the established radio station, and the radio equipment, except on lease, on loan or otherwise stipulated by law, as per relevant stipulations set forth under the Administrative Regulations Controlling RF Equipment of Telecommunications.
Article 24
In addition to a short-term test that applies to the competent authority pursuant to the regulations or technical inspection that the competent authority conducts on the spot, that radio station shall not transmit radio wave. The period of short-term test shall not exceed 5 days at most in course of establishing radio station.
Article 25
The applicant or administrator that completes the establishment of a radio station shall file for approval to the competent authority, which afterward shall issue an operating license.
The term of validity for radio station in the preceding Paragraph shall be limited to six months; however, it may not exceed the effective validation period of the network establishment license obtained under Article 30.
Those who still intend to operate the radio station after expiration of the radio station license shall attach and illustrate the reasons and apply to the competent authority for a reissue one month prior to its expiration. The competent authority shall conduct a re-inspection prior to issuing a new license.
The term of validity for a new license in the preceding Paragraph shall be calculated from the next day of expiration of the former one; the terms of validity shall be defined by Paragraph 2.
Article 26
Applicants or administrators who have acquired permission to establish radio station or a license of radio station shall put up a photocopy of documents immediately to the location with a conspicuous view for verification.
Article 27
Should the applicant or the administrator change the radio station’s establishment site, where the radio waves’ coverage has not exceeded the approved experimentation area following the change, shall submit the application form for the establishment of radio station, according to one of the following circumstances:
1. To voluntarily declare it with competent authority, within the valid radio station establishment permit period.
2. To apply with competent authority for a license reissue, within the station license’s validation period. The radio station license’s effective period shall be the same as the previous license.
The applicant or the administrator, prior to changing the model number of equipment, frequency of the transmission, power or bandwidth of the radio station shall do so according to Article 23 through Article 25.
The applicant or the administrator, prior to changing the frequency of the transmission of the station, power or bandwidth exceeding the network establishment permit’s approved figure, or the radio station’s changed established site to result in the radio waves’ coverage exceeding the approved experimentation area, shall first file for a change of the network establishment proposal according to stipulations set forth under Paragraph 2, Article 12.
When changes to the stations fall under the scope of data correction or equipment change prior to a station validation, or when the changes in the establishment site falls under the same street number but in a different building, the applicant shall voluntarily declare so to the competent authority for further verification.
The applicant or the administrator, when relocating the station to a nearby establishment site for a short term in support of testing needs, where the radio waves’ coverage has not exceeded the approved experimentation area, shall voluntarily declare to the competent authority pending further verification, provided that the period may not exceed fifteen days.
When the application for changing the radio station site in Paragraph 1, change data in Paragraph 4 or short-term relocation in Paragraph 5 is more than one, the applicant or the administrator shall submit the station change list, and also enter it according to quantity of stations.
Article 28
Antenna or pylon used by radio station shall not violate safety criteria of flight and the related regulations on construction.
Article 29
The permit of the applicant or administrator shall be revoked by the competent authority in any one of the following circumstances:
1. Establishment has been revoked or abolished.
2. Failure to adhere to affidavit matter or submission of untrue affidavit as stipulated under Paragraph1, Article 23.
3. Violation of Paragraph 1, Article 31, barring the radio station license from transferring, leasing or loaning stipulations.
The applicant or the administrator, at the time when ceasing operating the radio station when the radio station license’s validation period has been abolished, shall declare so to the competent authority for further verification, and also have the competent authority revoke the radio station permit.
Should the radio station license expire and the administrator has not gained license renewal as regulated or the competent authority has revoked the radio station permit, the applicant or the administrator shall promptly cease operating, and shall also dismantle the development radio station equipment. The wireless radio equipment, except on lease, on loan or otherwise stipulated by law, shall be processed in accordance with relevant regulations set forth under the Administrative Regulations Controlling RF Equipment of Telecommunications.
Chapter 3 The Establishment and Utility Administration
Article 30
The term of validity for a license of the establishment of an academic telecommunications network shall be limited to a maximum of five years.
Those who intend to continue to use when the term of validity for a license of radio station has expired shall state reasons and submit an establishment proposal to the competent authority for reissue three months prior to the expiration date. The competent authority shall conduct an inspection prior to issuing a new license.
As per preceding paragraph, should any of the following circumstances occur when applying for a reissuing of establishment license, the application shall be rejected:
1. The applicant fails to present a license renewal within the preceding Paragraph’s specified period.
2. The documentation for application is incomplete, and remains incomplete after being given a prescribed period of time to undertake corrective action.
In regard to Paragraph 2, when applying for a reissue for the establishment and operation license, the original goal of establishment purpose has been fulfilled and renewal is deemed unnecessary.
The valid period of the establishment and operation license for an experimental, research and development telecommunications network shall not exceed one year.
When the term of validity of the license in the preceding paragraph has expired, and there is still need for experimental, research and development operation, the applicant or administrator shall state reasons and submit an establishment proposal to the competent authority for reissue one month prior to the expiration date. The competent authority shall conduct a re-inspection prior to issuing a new license.
In the preceding paragraph, should any of the following occur when applying for reissuing of an establishment license, the competent authority shall reject the application:
1. The applicant fails to present a license renewal within the preceding paragraph’s specified period.
2. The documentation for application is incomplete, and remains incomplete after being given a prescribed period of time to undertake corrective action.
Regarding Paragraph 6, applying for renewal of establishment license shall be rejected should any of the following circumstances occur:
1. There are no newly added experimentation items and has been deemed unnecessary to extend the current experimentation items.
2. The experimentation items already have already begun commercially operating as a telecommunications network.
The term of validity of a renewed establishment license in accordance with Paragraph 2 and 6 shall be calculated from the next day of expiration of the former one.
Article 31
A license of radio station and the establishment for Academic and Educational, or Experimental, Research and Development Telecommunication Network shall not be transferred, leased or lent to the third party.
The license in the preceding paragraph that missed or damaged shall narrate the reasons to apply to the competent authority for reissue; when the recorded items are changed, they shall apply to renew.
The term of validity for licenses that are reissued or renewed pursuant to the preceding paragraph shall be the same as the former ones.
Article 32
Administrator shall conclude the utility regulations of the subscriber on service of Telecommunications network and come into effect as of promulgation; when changed, they shall also be the same.
As for services that shall clearly define to make use of the rules in the preceding paragraph as the temporary and experimental properties, the subscribers have no obligations to be the ones who administrators operate Telecommunications business in future.
Article 33
Academic and Educational, or Experimental, Research and Development Telecommunication Network shall not interconnect with Telecommunications business network. If one of the following situations is occurred and approved by the competent authority, there shall not be limited herein:
1. Emergency communication of traffic safety for distress mayday and the flight weather of any kind of the vehicles.
2. The necessity of conducting emergency communication to maintain national security, public order or public interests.
3. Communication to cooperate with the rescue operations of natural disasters, incidents or emergency peril.
4. Others approved by the project of the competent authority.
Administrator and Telecommunications business of interconnection shall negotiate network interconnection in the preceding proviso.
Article 34
If administrators occur one of the following situations, besides punishment from this Regulation, the competent authority shall annul the approval for the establishment of radio station as well as cancel a license of radio station recorded:
1. Those who violate Paragraph 1, Article 6.
2. Those who shall refuse one of the situations in Article 11 or Article 20 to allow for Article 11.
3. Those who violate Paragraph 1, Article 31.
4. Those who violate Paragraph 1, Article 33.
Article 35
Prior to drafting the term of validity for a license of the establishment and operation expires and terminating network operation, administrator shall state the reasons the competent authority for reference and for the competent authority to revoke the establishment permit.
When the term of validity for a license of the establishment is expired and a license renewal pursuant to the regulation is not available, or the approval of the establishment is rejected by the competent authority, the administrator shall immediately cease construction or make use of that network and radio frequency and demolish the established network equipment.
In the preceding Paragraph, of the demolished equipment that belongs to wireless radio of a radio station, except on lease, on loan or otherwise stipulated by law, should be conducted pursuant to Administrative Regulations Controlling RF Equipment of Telecommunications.
Article 36
The competent authority shall dispatch the personnel with a certificate to verify Telecommunications network equipment built by administrators and look up the related documents.
Administrators shall propose the competent authority for achievements of network utility in 1 month of the day to terminate network utility, including parameters or data of each measurement, records, statistics, and analysis.
With a demand of monitoring telecommunications activities, the competent authority shall propose achievements of network utility by administrators in public.
Article 37
Administrators shall take necessary measures, so as to ensure not to interfere the former Telecommunications network and radio station for the legal establishment; when interference is occurred, the competent authority shall order administrators to stop temporarily; if those who don’t follow mandates to conduct, the competent authority shall annul the approval of the network establishment.
Chapter 4 Supplementary Provisions
Article 38
Those who apply to establish Academic and Educational or Experimental, Research and Development Telecommunication Network shall pay review fee, inspection fee and certificate fee to the competent authority with the operation of applying review, verification and certificate pursuant to fare criteria established by the competent authority; also they shall pay utility fee of radio frequency to the competent authority for frequency applied to use from the day assigned by the competent authority pursuant to fare criteria established by the competent authority.
Article 39
Telecommunications RF equipment that are manufactured, input, established, possessed or displayed in public by applicants or administrators shall be conducted pursuant to Administrative Regulations Controlling RF equipment of Telecommunications.
Article 40
Before this Regulation is promulgated to come into force with the competent authority or Academic and Educational, or Experimental, Research and Development Telecommunication Network is approved by the project of the competent authority to establish and still used, a license of the establishment shall be reapplied within 3 months of this Regulation promulgated.
Article 41
Those who establish radio station for the academic experiment and practical training of school broadcasting shall follow Administrative Regulations of Academic, Experimental Radio Stations and Administrative Rules for Establishment and use of School Practice Radio Stations.
Article 42
Those who violate this Regulation shall be punished pursuant to this Act.
Article 43
This Regulation shall come into effect as of the date of promulgation.