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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” refers to a telecommunications network that is for academic and educational use and complies with the purpose of establishment and operation prescribed by Paragraph 1, Article 5.
2. “Technical experiments and research and development telecommunications network” refers to a telecommunications network established in order to conduct experiments, research and development and complies with the purpose of establishment and operation prescribed by Paragraph 2, Article 5.
3. “Commercial experiments and research and development telecommunications network” refers to a telecommunications network established to conduct experiments, research and development, as well as commercial verification purposes, and complies with the purpose of establishment and operation prescribed by Paragraph 4, Article 5.
4. “Administrators” refers to those who establish one part or the entire telecommunication facilities for academic and educational, or experiments and research and development telecommunications network by themselves pursuant to this Regulation and have been issued licenses approved by the competent authority.
5. “Subscribers” refers to those who register to or enter a contract with administrators to make use of telecommunications network service that they provide.
6. “Broadcasting and television businesses” refers to broadcasting businesses, television businesses, cable television system operators, satellite broadcasting and television businesses.
7. “Specific experimental field” refers to the geographical scope or area announced by the competent authority in charge of radio frequency resource planning where, under the specific conditions, the wireless communication function and equipment required for the development of a specific experiment can be established.
8. “Specific experimental frequency” refers to the radio frequency announced by the competent authority in charge of radio frequency resource planning which, in specific experimental fields and under the specific conditions, can be used in specific experiments to research and develop the needed wireless communication.
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 and educational purposes shall, prior to submitting an application to the competent authority, be approved as an academic and education body by the relevant authority.
The applicant shall gain approval of the competent authority prior to the establishment of a telecommunications network for academic and educational, technical experiments, or commercial experiments and 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 academic and educational, or technical and commercial experiments and research and development telecommunications networks, as well as applications for the renewal of licenses, may establish a Review Committee.
The procedure of establishing Review Committee in the preceding paragraph shall be instituted by the competent authority.
Article 5
The purposes for establishing an academic and educational telecommunications network shall be one of the following:
1. To support academic, education or research applications.
2. To enhance academic capabilities and advance research and development.
3. To integrate the telecommunications network of academic or educational resources.
The purposes for establishing and operating a technical experiments and research and development telecommunications network shall be one of the following circumstances:
1. To test techniques required for type approval of related equipment of telecommunications network systems.
2. To develop or test communication or value-added service for each type of telecommunications network, so as to develop various kinds of services and content.
3. To research, develop or test techniques or related facilities of the telecommunications network system, so as to meet the needs for technical research and development.
4. For the applicant or subscribers to develop or test services or applications other than telecommunications services on the experimental research and development telecommunications network set up in a specific experimental field.
To set up a technical experiments and research and development telecommunications network whose function or network type is not the same or equivalent to a public telecommunications network set up by the telecommunications industry.
The purpose of setting up and using a telecommunications network for commercial experiments shall be to verify the telecommunications services for commercial uses; the purpose of setting up and using the technical experiments and research and development telecommunications network specified in Paragraph 2 may be included.
The telecommunications service mentioned in the preceding paragraph shall be limited to those not provided by the telecommunications industry.
Article 6
Applicants or administrators shall not utilize academic and educational telecommunications networks, or technical experiments and research and development telecommunications network to provide telecommunications services, such as those of telecommunications businesses or broadcasting and television businesses that engage in making profit, transgressing operations or causing public misunderstanding.
Applicants or administrators that provide an academic and education 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 that provide each kind of telecommunications service for technical experiments and research and development telecommunications network shall not charge any fee from the subscribers. However, for deposits for equipment of two-party contract to that ensure facilities would not be damaged by the subscribers and returned to administrators as scheduled shall not be limited herein.
Applicants or administrators using the telecommunications services provided by the established commercial experiments and research and development telecommunications network shall not illegally operate a telecommunications business or broadcasting and television business, or undertake any action that sufficiently causes the public to misidentify it as a telecommunications business or a broadcasting and television business.
Applicants or administrators providing various telecommunication services on commercial experiments telecommunication networks, after the approval of the competent authority and the signing of service contracts with users, may seek profit or charge users for fees. The charging items include fees for profit-seeking actions such as commercial verification and those specified in the provision of Paragraph 3.
Users of academic and educational telecommunications networks, or technical and commercial experiments and research and development telecommunications networks shall not grant third parties access and charge for the use of the services (including equipment, etc.) provided by the network.
Chapter 2 Application and Verification
Section 1 Academic and Educational Telecommunications Network
Article 7
The collection, processing or use of personal data by administrators shall comply with the relevant provisions of the Personal Information Protection Act; users shall be clearly informed of the purpose and scope for the collection and use of other information.
Article 8
During the experimental period, administrators shall comply with the nature of the experimental business and adopt appropriate and sufficient information security measures in order to ensure the security of information collection, processing, use, and transmission.
Article 9
Those who apply and establish an academic and educational telecommunications network shall be subject to one of the following qualification:
1. A central or local government authority that is engaged in academic research or in charge of educational activities.
2. Educational organizations that establish the related departments or institutes of telecommunications, electronic engineering, electrical engineering, physics, transportation, meteorology, navigation, navigation management, marine technology, radio communication or information.
3. Public and private research institutions, social education institutions, or government agencies (organizations) that are engaged in the related applications and research and development on Telecommunications network and radio communication.
4. Groups engaged in the academic research development of radio technologies, registered with the government.
Article 10
Those who apply to establish an academic and educational telecommunications network shall prepare and submit the following documents to the competent authority:
1. Application for academic and educational telecommunications network.
2. Documents approved by the competent authority in charge of the academic and educational services.
3. A proposal of the establishment.
4. A CD-Rom containing the application in digitized documents (either PDF or ODF format).
Article 11
The proposal of establishment under Subparagraph 3 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 promoting 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, and the method for sharing the costs of network construction or maintenance and operation together with reasons.
5. Terms of service agreement or contracts.
6. Methods of network communication and a diagram of system configuration; if interconnecting with other networks, a diagram of interconnection configuration together with reasons shall be attached.
7. Construction project, schedule and expected costs for network system.
8. A proposal for the use of frequency (excluded if not operating on radio frequencies).
Subparagraph 8 of the preceding paragraph regarding frequency utilization proposals shall state the following matters with 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 experimentation areas.
3. Air interface specifications.
4. The mechanism for the prevention of interference.
5. Radio wave coverage:
(1) The radio 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 perimeters of areas for conducting the experimentation.
Article 12
The submitted application for the establishment of an academic and educational telecommunications network shall not be returned. Applications or a proposal of the establishment that is deemed incomplete shall be informed with prescribed corrective action to be undertaken within a period of time; applications of those who have not undertaken the required corrective action within the prescribed period of time shall be rejected.
Article 13
Upon receipt of the application for the establishment of an academic and educational 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, and the method of sharing the costs of network construction or maintenance and operation together with reasons.
3. Feasibility of the network construction and construction schedule.
4. Contributions to academic standard, popularization of education 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.
7. Whether appropriate and sufficient information security measures have been adopted to ensure the security of information collection, processing, use, and transmission.
The competent authority may decide to remove 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 in cooperating entities shall have priority for approval. If necessary, the competent authority shall request applicants to resolve an overlapping issue within a prescribed period of time.
Use of frequency shall be harmonized and effective as a matter of principle. The applicant or administrator shall use the frequencies according to the establishment proposal approved by the competent authority.
Due to the need for telecommunications development, 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 shall file for an alternative establishment proposal according to provisions set forth under Paragraph 1, Article 42.
Article 14
If the application to establish an academic and educational telecommunications network falls under any one of the following circumstances, it shall be rejected:
1. Those that have not obtained the approved documents of the competent authorities for business objectives specified by Paragraph 1, Article 4.
2. Those that have not adhered to the regulations on the establishment purpose specified in Paragraph 1, Article 5.
3. Those that have not adhered to the regulations on the application qualification of Article 9.
Article 15
After the application has passed the review, the competent authority will issue an approval certificate for the establishment of the network.
Applicants or administrators setting up and using academic and educational telecommunications networks shall adhere to the establishment plan approved by the competent authority.
Section 2 Experimental, Research and Development Telecommunication Network
Article 16
The certificate of approval for network establishment of the academic and educational telecommunications network shall be valid for a period of one year.
Should the applicant not complete the establishment of the proposed academic and educational telecommunications network within the valid 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 valid 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 for future reference and also have the competent authority revoke the certificate of approval for network establishment.
If network establishment has not be completed within the valid period of the certificate of approval or should the competent authority revoke approval of the network establishment, the applicant shall promptly cease the establishment, dismantle relevant equipment, and act in accordance with the provisions set forth under Paragraph 3, Article 47.
Article 17
Those who apply to establish an academic and educational telecommunications network and completed a schedule of the approved construction shall examine and provide a test report of the network security with self-assessment to the competent authority for approval, which afterward shall issue a license for the establishment and operation of network.
Article 18
A license for the establishment and operation of academic and educational telecommunications network shall illustrate the following items:
1. Name of the establishment for the telecommunications network, Administrator Name and Address
2. The type of established telecommunications network
3. The geographical range of the establishment
4. The terms of service agreement or number of subscribers
5. The used frequency Band
6. The term of validity
7. Licensed date
Article 19
Those who apply to establish a technical experiments and research and development telecommunications network shall fall under one of the following qualifications:
1. Telecommunications or broadcasting/television businesses.
2. Corporations or public and private research institutions that have committed to related research or manufacturing of telecommunications network and radio communications.
3. Educational organizations that have established related departments or institutes of telecommunications, radio communications or information.
4. Other companies or government agencies (organizations) that have the capabilities or experimental testing needs of establishing and managing experimental research and development telecommunications networks.
Article 20
Those who apply to establish a technical experiments and research and development telecommunications network and have applied for radio frequency shall be limited to a maximum of 100 subscribers. However, those who are approved by the competent authority shall not be limited herein.
Article 21
Those who apply to establish a technical experiments and research and development telecommunications network shall inspect and submit the following documents to the competent authority.
1. Application for the establishment and use of a technical experiments and research and development telecommunications network.
2. A proposal of the establishment.
3. Photocopies of the documents of establishment of the applicant or company registration certificate (except for government agencies or schools).
4. The services provided shall be chartered, permitted, or approved by other competent authorities for business objectives, with relevant supporting documents.
5. A CD-Rom containing the application in digitized documents (either PDF or ODF format).
Section 3 The Establishment and Investigation of Radio Station
Article 22
A proposal of the establishment under Subparagraph 2 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 collecting equipment deposits, and reasons.
4. Terms of service agreements or contracts for the users.
5. Methods 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 expected costs of network system.
7. Available technical research and development telecommunications services or service items other than telecommunications services.
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 for the 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 with 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 experimentation areas.
3. Air interface specifications.
4. The mechanism for the prevention of interference.
5. Radio wave coverage:
(1) The radio station location and a diagram of the area covered by radio waves (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 of radio wave (≧-125dBm) coverage perimeters used in various experimentation areas and the perimeters of areas for conducting the experiments.
For the application of a technical experiments and research and development telecommunications network using a specific experimental frequency in a specific experimental field, the radio frequency operation plan may be exempted from recording the information specified in Subparagraphs 3 and 4 of the preceding paragraph.
Article 23
For those that apply to establish a technical experiments and research and development telecommunications network, matters such as the application, review items, establishment proposal, and license issuance, as well as items to be recorded on the license may be in accordance with stipulations set forth in Article 12, Article 13, Article 15, Article 17, and Article 18.
The applications for the establishment and use of a technical experiments and research and development telecommunications network falling under ant one of the following circumstances shall not be approved:
1. Those that do not adhere to the regulations on the establishment purpose specified in Paragraphs 2 and 3, Article 5.
2. Those that do not adhere to the regulations on the application qualifications specified in Article 19.
Article 24
The valid period of the approval for a technical experiments and research and development telecommunications network shall be six months.
Should the applicant not complete the establishment of the proposed technical experiments and research and development telecommunications network within the valid period of the certificate of approval for network establishment, 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 three months and shall be limited to once only.
Should the applicant abort the establishment of the network within the valid period of the certificate of approval for network establishment, the applicant shall state the reasons and submit the established radio station list or network status data to the competent authority for future reference and also have the certificate of approval for network establishment revoked by the competent authority.
If network establishment has not be completed within the valid period of the certificate of approval for network establishment or should the competent authority revoke the certificate of approval for network establishment, the applicant shall promptly abort the establishment, dismantle relevant equipment, and act in accordance with the provisions set forth under Paragraph 3, Article 47.
Article 25
Applicants for the establishment and use of commercial experiments and research and development telecommunications networks shall submit the applications to the competent authority with the following documents attached:
1. An application for commercial experiments and research and development telecommunications network.
2. An establishment proposal.
3. Photocopies of the applicant’s establishment document or company registration certificate (except for government agencies or schools).
4. The services provided shall be chartered, permitted, or approved by other competent authorities for business objectives, with relevant supporting documents.
5. The supporting documents of the performance security deposit for those who intend to pre-charge users.
6. A CD-Rom containing the application in digitized documents (either PDF or ODF format).
Article 26
The provisions of Article 22 shall apply mutatis mutandis to the items which shall be recorded in the establishment proposal specified in Article 22, and in addition the proposal shall contain the following items:
1. The purpose and necessity of business verification, including telecommunications service items for conducting commercial verification and the descriptions of differences with existing public telecommunications services.
2. Execution planning and implementation period of business verification.
3. The perceived benefits of the telecommunications services of commercial verification in the nation’s industrial development and the feasibility analysis of commercialization in the domestic market.
4. User usage regulations: clearly define the service, the user conditions for equipment use and the rights and obligations of both parties; if fees are to be charged, the service contract shall be separately formulated and handled in good faith and fairness.
If prepayment is adopted for fees specified in Subparagraph 4 of the preceding paragraph, one of the following methods shall be specified in the service contract, providing a performance bond at least equivalent to the total amount of the prepaid fee (guarantee of refunding the proceeds):
1. Full performance bond provided by domestic banks.
2. Domestic banks' trust accounts.
The performance guarantee specified in the preceding paragraph shall specify the scope of responsibility.
Article 27
The provisions of Article 13 shall apply mutatis mutandis to the competent authority’s review of the commercial experiments and research and development telecommunications network, and the following review items shall be added:
1. The purpose and necessity of business verification.
2. Execution planning and implementation period of business verification.
3. The completeness of user rights protection measures and the appropriateness of the performance guarantee content.
4. Perceived benefits promoting the nation’s industrial development and feasibility of commercialization of future verification services.
Article 28
When applying for the establishment of a c commercial experiments and research and development telecommunications network, the provisions of Articles 12, 15, and 17 to 20 shall apply mutatis mutandis to the acceptance of the application, the handling of the establishment proposal, the issuance of the license, the items to be recorded in the license, the application qualifications, and the number of users.
Article 29
Applications for the establishment and use of a commercial experiments and research and development telecommunications network falling under any one, of the following circumstances shall not be approved:
1. Those that do not adhere to the regulations on the establishment purpose specified in Paragraph 4, Article 5.
2. Those that do not adhere to the regulations of Article 28 for the applying mutatis mutandis of the application qualifications specified in Article 19.
3. Telecommunications services having been commercially operated.
4. The same applicant having been granted the same commercial verification telecommunications service.
Different applications shall be deemed as coming from the same applicant if they fall under any one of the following circumstances:
1. The applicant holds more than half of the total number of issued shares with voting rights of another applicant.
2. More than half of the applicant’s directors are the same as that of another applicant.
3. More than half of the total number of issued shares with voting rights of the applicant and another applicant are held or funded by the same shareholders.
4. Different applicants are also subordinate companies of the third party.
5. There is control and supervisor- subordinate relationship between control companies of different applicants.
The control and supervisor-subordinate relationship mentioned in Subparagraphs 4 and 5 of the preceding paragraph refers to the relationship specified in Subparagraphs 1, 2 or 3 of the preceding paragraph.
The method of calculating shareholding in Subparagraph 2 shall be handled in accordance with the provisions of Article 369-11 of the Company Act.
Chapter 3 The Establishment and Utility Administration
Article 30
The provisions of Article 24 shall apply mutatis mutandis to the validity period, extension and termination of the establishment approval certificate of the commercial experiments and research and development telecommunications network.
Article 31
For those who apply to establish an academic and educational telecommunications network or a technical and commercial experiments and research and development telecommunications network shall gain approval for a radio station establishment permit from the competent authority prior to establishment of a radio station; the network shall begin operations upon passing inspection and being issued with a radio station license.
In the preceding paragraph, the established radio station equipment that falls under a low power radio waves radiated device with obtained type approval certification, declaration of conformity (DOC) and simplified DOC shall state so in the establishment proposal to be exempt from applying for the radio station establishment permit and a radio station license.
The review and inspection for a radio station set up by a technical or commercial experiments and research and development telecommunications network using a specific experimental frequency in a specific experimental field specified in the provisions of Paragraph 1, shall be conducted by document review. However, the competent authority may conduct on-site inspections when deemed necessary.
Article 32
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.
2. Photocopy of the certificate of approval for network establishment or the license for the establishment and operation of network.
3. The radio station equipment catalogs.
4. An affidavit.
The valid period to establish a radio station in the preceding paragraph shall not exceed six months.
When applying for the establishment of radio stations as per Paragraph 1, the applicant or the administrator shall submit the radio station establishment list in the order of their numbering.
Should the applicant not complete the establishment of the radio station within the valid 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 three months and shall be limited to once only. However, no extension shall be applied for the radio station establishment permit of the commercial experiments and research and development telecommunications network.
The applicant or the administrator establishing the radio station shall obtain legal rights and proof of legal source certification-related documentation for using the radio station equipment, and shall prepare for examination by the competent authority when conducting the radio station inspection.
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 provisions 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 that ceases the establishment within the valid period of the radio station establishment permit, shall report to the competent authority for future reference, and also have the competent authority revoke the radio station establishment permit.
Should the establishment of the radio station not yet be completed after expiration of the radio station establishment permit or when the competent authority has revoked the radio station 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 provisions set forth under the Administrative Regulations on the Controlled Telecommunications Radio-Frequency Devices.
Article 33
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, a radio stations shall not transmit radio wave during the period of station establishment. The period of short-term test shall not exceed five (5) days at most.
Article 34
The applicant or administrator that completes the establishment of a radio station shall file for approval to the competent authority, which shall issue a radio station license after the station passes the required inspection.
When the applicant or administrators comply with the competent authority to change the transmission frequency of the radio station in accordance with the provisions of Paragraph 5 of Article 13, it shall re-apply for the establishment permit. After reporting to the competent authority for the radio station to pass the review and inspection, the competent authority shall change the license of the radio station and exempt the relevant review and inspection fees and license fees.
The term of validity for the radio station in Paragraph 1 shall be limited to six months; however, it may not exceed the effective valid period of the license for the establishment and operation of network, obtained under the provisions of Articles 39 to 41.
Those who still intend to operate the radio station after expiration of the radio station license shall attach and state the reasons and apply to the competent authority for a reissue one month prior to its expiration. The competent authority may 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 3.
Article 35
Applicants or administrators who have acquired a permit to establish a radio station or a radio station license shall put up a photocopy of documents immediately to the location with a conspicuous view for verification.
Article 36
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 a radio station, according to one of the following circumstances:
1. To report it to the competent authority for future reference, within the valid radio station establishment permit period.
2. To apply to competent authority for annotation changes of the radio station license, within the radio station license’s valid period.
The applicant or the administrator, prior to changing the model number of equipment, frequency of the transmission, increase of power or bandwidth of the radio station shall do so according to Article 32 through Article 34.
The applicant or the administrator, prior to changing the frequency of the transmission of the radio station, power or bandwidth exceeding the approved figure indicated on the certificate of approval for network establishment, or the change of established radio station sites to result in the coverage of radio waves exceeding the approved experimentation area, shall first file for a change of the network establishment proposal according to provisions set forth under Paragraph 1, Article 42.
When changes to the radio stations fall under the scope of data correction or equipment change prior to a radio station inspection, or when the changes in the establishment site falls under the same street number but in a different building, the applicant shall report to the competent authority for future reference.
The applicant or the administrator, when relocating the radio station to a nearby establishment site for a short term in support of testing needs where the radio waves’ coverage does not exceed the approved experimentation area, shall report to the competent authority for future reference, provided that the period may not exceed fifteen days.
When submitting an application to change the radio station site as per Paragraph 1, change data as per Paragraph 4, or short-term relocation as per Paragraph 5 which involves more than one radio station, the applicant or the administrator shall submit the radio station change list in the order of their numbering.
Article 37
Antenna or pylon used by radio stations shall not violate safety criteria of flight and the related regulations on construction.
Chapter 4 Supplementary Provisions
Article 38
The radio station establishment permit granted to an applicant or administrator shall be revoked by the competent authority in any one of the following circumstances:
1. The certificate of approval for network establishment has been revoked or abolished.
2. Failure to adhere to affidavit matter or submission of untrue affidavit as stipulated under Paragraph1, Article 32.
3. Violation of Paragraph 1, Article 43, barring the radio station license from transferring, leasing or loaning.
The applicant or the administrator, at the time when ceasing operating the radio station during the radio station license’s valid period, shall report to the competent authority for future reference, and also have the competent authority revoke the radio station establishment permit.
Should the radio station license has expired and the administrator has not gained license renewal as regulated or the competent authority has revoked the radio station establishment permit, the applicant or the administrator shall promptly cease operating, and shall also dismantle the development radio station equipment. The radio equipment, except on lease, on loan or otherwise stipulated by law, shall be handled in accordance with relevant regulations set forth under the Administrative Regulations on the Controlled Telecommunications Radio-Frequency Devices.
Article 39
The term of validity of the license for the establishment and operation of network for an academic and educational 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 radio station license has expired shall state reasons and submit an establishment proposal to the competent authority for reissue three months prior to the expiration date. Upon approval, the competent authority shall issue a new license.
As per preceding paragraph, should any of the following circumstances occur when applying for a reissuing of the license for the establishment and operation of network, the application shall be rejected:
1. The applicant fails to present a license renewal application 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 license for the establishment and operation of network, the competent authority shall not approve if the original goal of establishment purpose has been fulfilled and a renewal is deemed unnecessary.
The term of validity of a renewed license for the establishment and operation of network in accordance with Paragraph 2 shall be calculated from the next day of expiration of the former one.
Article 40
The valid period of the license for the establishment and operation of network for a technical experiments and research and development telecommunications network shall not exceed one year.
When there is still a need for conducting experiment, research and development after the term of validity of the license in the preceding paragraph expires, 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. Upon approval for the reissue, the competent authority shall issue a new license.
In the preceding paragraph, should any of the following occur when applying for reissuing of the license for the establishment and operation of network, the competent authority shall reject the application:
1. The applicant fails to present a license renewal application 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 2, applying for renewal of the license for the establishment and operation of network 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. Non-compliance with Paragraph 5.
The term of validity of a renewed license for the establishment and operation of network in accordance with Paragraph 2 shall be calculated from the next day of expiration of the former one.
Article 41
The maximum validity period for the license of a commercial experiments and research and development telecommunications network shall be six months.
The provisions of Paragraphs 2 to 5, Article 40 shall apply mutatis mutandis to the renewal of the license specified in the preceding paragraph, and the renewal shall be limited to once only.
Article 42
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. If approved, a certificate of approval for network establishment or a license for the establishment and operation of network shall be issued in exchange of. However, if the change only involves the relocation of the radio station, and the coverage of the radio wave does not exceed the original approved area, the applicant or administrator can be exempt from attaching the revised establishment proposal and the comparison information for the review of the competent authority in accordance to Paragraph 1, Article 36.
If the change specified in the preceding paragraph falls under any one of the following circumstances, the reasons shall be stated and the revised establishment proposal and the comparison information shall be attached to the competent authority for reference:
1. Changing the network communication method or system architecture.
2. Suspending the use of some radio stations.
If the change specified Paragraph 1 is a change in the user usage regulations or contract that is not related to the charge, or an addition of a radio station whose radio wave coverage does not exceed the original approved area, and it belongs to a technical or commercial experiments and research and development telecommunications network using an experimental frequency in a specific experimental field, the reasons may be stated and the revised establishment proposal and the comparison information shall be attached and submitted to the competent authority for reference.
If the change specified in Paragraph 1 is in compliance with the provisions of Paragraph 5, Article 13, the competent authority may re-issue a license certificate and exempt the review fee and license fee.
If the change specified in Paragraphs 2 and 3 involve the changes in the approval certificate of the network establishment or the recorded items of the usage license, the applicant or administrator shall apply to the competent authority for the replacement operation.
The term of validity of the certificate of approval for network establishment or the license for the establishment and operation of network as stipulated in Paragraph 1, Paragraph 4, and the preceding paragraph shall be the same as the original copies.
Article 43
A radio station license and the license for the establishment and operation of network for academic and educational telecommunications network, or technical and commercial experiments and research and development telecommunications network shall not be transferred, leased or lent to the third party.
The holder of a license in the preceding paragraph that is lost or damaged shall apply to the competent authority with reasons 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 equal to that of the previous ones.
Article 44
The administrator shall conclude the terms of service agreement for the services provided in accordance with the establishment proposal approved by the competent authority, which shall come into effect after a public announcement; when changed, they shall also be the same.
The agreement set forth in the preceding paragraph shall clearly state that the services to be used are temporary and experimental, and that the subscribers have no obligations to subscribe to any telecommunications services operated by the administrators in the future. In addition, users shall not use the services to conduct commercial action for profit specified in Paragraph 6, Article 6.
If administrators charge users and formulate service contracts, the service contract template shall be incorporated into the user usage regulations, and shall comply with the following provisions:
1. The bills for notifying users of the payment shall be detailed; the billing period shall not exceed one month except for the advance receipt or the written consent of both parties.
2. After receiving the payment from users, payment receipts should be provided.
3. Users should be provided with a mechanism for inquiries of the breakdown of charge details and handling of consumer disputes.
4. Users shall not be charged for services that users have not agreed to use in writing consent.
5. The matters specified in Article 7 shall be stated.
The items, standards and refund conditions and methods for the administrator to charge users shall be reported to the competent authority for reference before implementation, and shall be fully disclosed in the appropriate manners such as media, websites and announcements of various business premises; when changing or canceling, the same applies thereto.
The charge items specified in the preceding paragraph include various items that use the services provided by the commercial experiments and research and development telecommunications network. The item name shall be marked with text "commercial experiments and research and development telecommunications network." Should it be deemed that consumer rights or fair competition have been hindered, the NCC shall require corrective action to be undertaken within a prescribed period.
If users violate the provisions of Paragraph 6, Article 6 for profit-seeking actions, administrators shall immediately stop providing the service.
Article 45
An academic and educational telecommunications network, or technical and commercial experiments and research and development telecommunications network shall not interconnect with any telecommunications networks. If one of the following situations occurs and is approved by the competent authority, there shall not be limited herein:
1. Emergency communications for land, marine and air transportation distress and rescue, and the traffic safety of meteorology for aviation.
2. The necessity of conducting emergency communications to maintain national security, public order or public interests.
3. Communications in order to cooperate with the relief operations of natural disasters, incidents or emergency situations.
4. Others approved by the competent authority on a case-by-case basis.
The administrator and telecommunications business of interconnection shall negotiate network interconnection in the preceding proviso.
Article 46
If administrators fall under any one of the following circumstances, aside from punitive measure in accordance with this Regulation, the competent authority shall annul or revoke the approval for the establishment and operation of network as well as cancel the license for the establishment and operation of network:
1. Those that have violated Article 6.
2. Those that have not been approved in accordance with Article 14, Paragraph 2 of Article 23, or Article 29.
3. Those that have violated Paragraph 1, Article 43.
4. Those that have violated Paragraph 1, Article 45.
5. The application provides false statements or false documents.
6. Those that have violated endangered personal safety and property or have hindered public order and good social customs, and have not undertaken sufficient corrective actions after the time period specified by the competent authority.
7. Those that have not complied with the approved establishment proposal with major circumstances determined by the competent authority.
Article 47
When terminating network operation prior to the expiration of the license for the establishment and operation of network, the administrator shall report to the competent authority with reasons for future reference one month prior to the scheduled termination date and for the competent authority to revoke the permit for network establishment.
When the term of validity of a license for the establishment and operation of network expires 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 dismantle the established network equipment.
In the preceding paragraph, of the dismantled equipment that belongs to a radio station, except on lease, on loan or otherwise stipulated by law, should be handled pursuant to Administrative Regulations on the Controlled Telecommunications Radio-Frequency Devices.
Administrators that charge users a fee shall inform users one month prior to the date of the scheduled termination of the use of the network, stating the content and manner in which users may exercise their rights and interests. In addition, the experiment termination plan shall be submitted to the competent authority for reference.
The termination plan specified in the preceding paragraph shall state the following items:
1. Refund measures for security deposits and overpayments.
2. Specific implementation action to notify users.
3. Other measures concerning consumer protection.
Article 48
If administrators charge users a fee, when the competent authority abolishes the approval of the use of the establishment, or stops the provision of the fee-based service, they shall refund the fee in principle of good faith and fairness, as well as the content of the service contract.
Article 49
The competent authority shall dispatch the personnel with a certificate to verify telecommunications network equipment built by administrators and inspect the related documents.
Administrators shall submit a report to the competent authority on the achievements of network utilization in one (1) month of the day to terminate network utilization, including parameters or data of each measurement, records, statistics, and analysis, and policy or regulatory amendments.
The results reported by administrators of commercial experiments and research and development telecommunications networks shall include commercial verification results in addition to those specified in the provisions of the preceding paragraph.
With a requirement to monitor telecommunications activities, the competent authority may disclose the achievements of network utilization submitted by administrators.
Article 50
The competent authority shall, in consideration of the experimental actions being conducted, review and amend relevant laws and regulations in a timely manner. If it involves cross-institutional (organizational) cooperation, it shall be transferred to the relevant authorities (organizations).
Article 51
Administrators shall take necessary measures, to ensure not to interfere with legally established telecommunications networks and radio stations; should interference occurs, the competent authority shall order administrators to stop operating temporarily; the competent authority shall annul the approval of the network establishment of those that do not adhere to said order.
Article 52
Applicants or administrators shall remit a review fee, an inspection fee and a certificate fee, respectively, to the competent authority with the operation of applying for a review, inspection and certificate pursuant to fare criteria established by the competent authority.
Applicants or administrators shall remit radio frequency usage fees 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 53
Telecommunications radio-frequency equipment that is manufactured, imported, established, possessed or displayed in public by applicants or administrators shall be handled pursuant to Administrative Regulations on the Controlled Telecommunications Radio-Frequency Devices.
Article 54
Prior to the promulgation of this Regulation, an academic and educational, or experiments and research and development telecommunications network that has been approved for establishment by the competent authority on a case-by-case basis and is still being used the administrator, shall apply for a license for the establishment and operation of network within 3 months of this Regulation's promulgation.
Article 55
Those that establish a radio station for academic experiments and practical training of school broadcasting shall adhere to Administrative Regulations of Academic, Experimental Radio Stations and Administrative Regulations on the Establishment and use of Wireless Broadcasting Station for School Training.
Article 56
The items of the relevant forms and licenses prescribed in these Regulations shall be recorded in the contents and the format shall be separately regulated and announced by the competent authority, unless otherwise specified in these Regulations.
Article 57
This Regulation shall come into effect as of the date of promulgation.
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