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Title: Regulations Governing Building Telecommunication Equipment Examination and Inspection Institution CH
Amended Date: 2011-04-01
Category: National Communications Commission(國家通訊傳播委員會)
Article 1
This Regulation is made according to provision 9, article 38 of the Telecommunications Law
Article 2
Building telecommunication equipment examination and inspection institute (hereinafter referred to as “Inspection Institute”) refers to institution entrusted to perform building telecommunication equipment, related appliance space design examination and completion inspection that conducted by the National Communications Commission (NCC), Transportation Bureau (hereinafter referred to as “NCC”)
Article 3
Applicant for inspection institute (hereinafter referred to as the “Applicant”) should meet the following requirement:
1. Telecommunication, electronic engineering and electronic professional institution or local internet service provider according to law.
2. The applicants should allocate at least four electronic-mechanic or electronic technicians (hereafter referred as inspector) for taking charge in examination and inspection processes in northern, central and southern areas.
The inspectors aforementioned in last paragraph should be allocated in every central municipality, county and city (hereafter abbreviated as county (ies) and city (ies)). The number of counties and cities allocated with inspector(s) should be no less than twelve, and at least one of inspector should be allocated in Hua-Lien or Tai-Tung County.
The inspectors aforementioned in the last 2 paragraph should conform to the following qualifications:
1. Obtained working license according to law as an electronic mechanic or electronic technician.
2. Obtained at least 12 hours educational training in the telecommunication laws field within 1 year.
The educational training aforementioned in the subparagraph 2 of last paragraph held by the organizations or groups should be recognized by this committee before implementation of such training, and those organizations or groups should issue certification documents of educational training to the trainees after training.
Article 4
Applicant should submit the following document for NCC to apply for Inspection Institute:
1. Building telecommunication equipment examination and inspection entrust application form (as appendix I)
2. Copy of supporting document required by subparagraph 1 in paragraph 1 of last Article
3. Copy of supporting document of those People who meet the criteria and their allocation information required by subparagraph 2 in paragraph 1 of last Article
4. Examination and inspection of departments within organization structure and function description.
5. Checklist of test equipment and its correction certificate
6. Building telecommunication examination and inspection of operation procedure
7. Checklist of processing windows and their equipment arrangement of building telecommunication equipment examination and inspection.
8. Other designated document by NCC
The aforementioned processing window in provision 7 should include processing windows in municipal cities and counties.
Applicant failed to submit complete application document required in article 1 should hand in required document to NCC within designated time period. The application shall be rejected The performance shall not be entrusted if failed to hand in required document within time period.
The period mentioned in the last paragraph shall be more than 1 month.
Article 5
An evaluation committee from NCC will conduct on-site examination on applicants who meet the requirement mentioned. The committee will list and inform the applicants to improve the unqualified items within a schedule of time after the examination. The applicants should finish the improvement task by the given time and submit an improvement report. The applications will be rejected if the applicants couldn’t finish the improvement task within the given time.
An evaluation committee from NCC will conduct on-site examination on applicants who meet the requirement mentioned. Except to those who fail to comply with subparagraph 1 of Article 3 and the performance shall not be entrusted to them, the committee will list and inform the applicants to improve the unqualified items within a schedule of time after the examination. The applicants should finish the improvement task by the given time and submit an improvement report. The performance shall not be entrusted to those applicants if the applicants couldn’t finish the improvement task within the given time.
The forenamed improvement time period should be no longer than 2 months.
The evaluation committee in paragraph 1 will be composed of 1 convener, 1 co-convener and 3-5 committee members with one year of tenure.
All committee members serve without being paid. Attendance fee and transportation fee will be given to them.
The operation item, criteria and method for evaluation operation in article 1 is as appendix 2
Article 6
Applicant will be able to perform examination and inspection only after being approved and qualified after evaluation and signed entrust contract NCC. Building telecommunication equipment examination and inspection institution entrust operation procedure is as appendix 3.
Article 7
Inspection Institute processes building telecommunication equipment and related appliance space design examination, upon completion of inspection should be comply with Telecommunication Law, Administration Procedure Law, the charging standards of building telecommunication equipment and its space, the technique regulation of indoor/outdoor telecommunication equipment engineering. Unless there is proper excuse, no refusal or discrimination in the examination and cases.
Inspection Institute should conduct examination, upon completion inspection on the same applicant design case. But if the original inspection institute didn’t allocate inspector in the county or city where the building locates, the limitation mentioned in previous sentence will not apply.
Inspection institute should verify the documents of the work completion application within 7 days from the day that the application had filed. If the documents are not complete, the institution should inform the builder of building to hand in the complement. The time limit of handing in the complement document should conform to paragraph 6, Article 12 of the regulation of building telecommunication equipment and space allocation and usage management.
Inspection Institute should keep the application case the related information after inspection, and conduct electronic storage for “Building indoor and outdoor telecommunication equipment planning/ examination drawing approval / test / inspection application form” (hereinafter referred to as “Application Form”) assign file numbers to the files according to the order of location, construction year and number, attaching the telecommunication equipment inside/outside building examination chart , telecommunication equipment inside/outside building inspection chart, construction base location diagram, telecommunication equipment vertical riser diagram and floor plan for electronic storage. The Inspection Institute should also compile the last quarter application form and submit to NCC for reference within the first week every quarter. NCC may send personal to review related information by unperiodical request.
Inspection Institute should send the qualified building location electronic file to the line basic construction committee of local internet provider send the qualified building location electronic file to NCC or database designated by NCC within 3 days after examination completion. The electronic files shall comply with the committees’ document forms and will be sent to the committee or its database.
If there’s any change of item 4,6 and 7 of provision 1, article 4, Examination Institution should report to NCC with attached changed information.
NCC may send the personal to the inspection institute to execute unperiodical inspecting tasks and the inspection institute shall not refuse.
Article 8
Inspection Institute handling individual cases and staff conducting examination and inspection (hereinafter referred to as “Inspector”) may not perform inspection for the cases which are design, visa, monitoring, and execution or evaluate for the practicing institution /inspection institute that the staff is working for.
Inspection Institute should report to NCC every month with attached staff change information includes any increase, decrease or other change regarding the manpower allocation of the Inspection Staff.
Any shortage of manpower failed to improve according to subparagraph 2; paragraph 1 of Article 3, NCC may ask the Inspection Institute to put off the examination and inspection process. Inspection Institute may continue examination and inspection operation after amending the manpower shortage and reporting to NCC with attached Inspection Staff basic information.
Article 9
The contract of NCC and Inspection Institute will last for 5 years. Inspection Institute should transfer related information of entrusted cases to NCC within one month after the termination date when the contract is terminated.
When the aforementioned contracted completed or the contract is put on hold due to the provision 3 of previous article, Inspection Institute may not accept new applicant for examination and inspection. However, for the entrusted applications for examination and inspection, Inspection Institute should continue till the examination or inspection completed.
Inspection Institute may continue with a new contract within 2 months from the date which is 3 months before the expiration of contract. It is under NCC’s discretion to perform evaluation and examination according to provision 5 of article 4.
Article 10
Inspection Institute should comply with the charge standard when conducting examination and inspection. NCC pay Inspection Institute according to negotiated standard according to the entrust contract.
Inspection Institute should pay the aforementioned examination fee and inspection fee to the Nation Treasury on the following date of receiving date with the transferring method assigned by NCC.
Article 11
Should Inspection Institute violated article 7, provision 1 of article 8, provision 2 of article 8 or article 10; NCC may administer warning and instruct improvement within time limit.
Article 12
If one of the following happens, NCC may terminate the contract with Inspection Institute. The pending cases of the Inspection Institute will be takeover by other Inspection Institute.
1. False and wrongful examination and inspection of operation with significant consequences.
2. Violation of subparagraph 1, paragraph 1 of Article 3 subparagraph 1 or 2 of Article 3.
3. Violation of subparagraph 2, paragraph 1 of Article 3, requested by NCC to pause conducting examination and inspection and failed to improve within 3 months.
4. Violation of article 7, warned by NCC and failed to improved within time limit.
5. Violation of provision 1 or provision of article 8, warned by NCC and failed to improved within time limit.
6. Violation of article 10, warned by NCC and failed to improved within time limit.
7. Violation of article 10 with significant consequences.
8. Other situation that leads to termination of the contract according to the entrust contract.
Article 13
When Inspection Institute violates the Regulation or the entrust contract, in addition to the previous stipulation, it may be handled or fine according to entrust contract.
Article 14
If Inspection Institute violates the provision 1 and provision 2 of article 9, the Inspection Institute may not apply to be Inspection Institute for the period 2 years after contract terminated.
Article 15
The name of Inspection Institute being entrusted or terminated entrust will be public announced by NCC.
Article 16
The Regulation will be enforced on the date of announcement.
Web site:Laws & Regulations Database of The Republic of China