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Title: Administration Regulations of Regulatory Certification Bodies for Public Telecommunications Networks CH
Announced Date: 2020-07-03
Category: National Communications Commission(國家通訊傳播委員會)
Article 1
These Regulations are enacted in accordance with the provisions of Paragraph 2, Article 87 of the Telecommunications Management Act(hereinafter referred to as the Act).
Article 2
The terms used in these Regulations are defined as follows:
1. Public telecommunications network: refers to the provisions of Subparagraph 6, Paragraph 1, Article 3 of the Act.
2. Regulatory certification body: refers to an organization commissioned by the competent authority to conduct public telecommunications network examination services.
Article 3
Those that apply to be a regulatory certification body(hereinafter referred to as the applicant)shall meet one of the following qualifications:
1. A public or private college, university and above established in accordance with the law in the country that have departments of electronic engineering, electrical engineering, telecommunications engineering, communication engineering, information engineering, or optoelectronic engineering.
2. A public legal person with professional knowledge of public telecommunications network
The public telecommunications network examination items commissioned to the regulatory certification body prescribed in the preceding paragraph include fixed telecommunications networks, mobile telecommunications networks, satellite telecommunications networks or radio stations, and the regulatory certification body shall possess test equipment and quantities designated by the competent authority for the examination items.
Applicants may apply to serve for the examination of single or multiple public telecommunications networks. The minimum number of examiners for each configuration shall be as follows:
1. Fixed telecommunications network: Five persons
2. Mobile telecommunications network: Three persons
3. Satellite telecommunications network: One person
4. Station: Three persons
The examiners in the preceding paragraph shall possess the following qualifications:
1. Those that meet the Class A telecommunications engineering personnel qualification requirements of the Regulations for Qualifying and Hiring of Telecommunications Engineers and the Management of Telecommunications Engineering Enterprises enacted by the authorization in accordance with Paragraph 1, Article 41 of the Act
2. Receiving at least 12 hours of education and training on the Act and the relevant regulations in the most recent year
The education and training mentioned in Subparagraph 2 of the preceding paragraph that are managed by various organizations and groups shall be recognized by the competent authority prior to the training being held; the education and training certification documents shall be issued after the training.
Article 4
The applicant shall apply to the competent authority and submit the following documents:
1. Application form for public telecommunications network regulatory certification body(hereinafter referred to as the application form)
2. A photocopy of the qualifications prescribed in Paragraph 1 of the preceding article, the qualifications of the examiners, and supporting documents of their education and training.
3. Organization chart and function description table of the examination department
4. List of test equipment and calibration certification documents for examination items
5. Public telecommunications network examination procedures
6. List of channels for accepting public telecommunications network examination and its setting plan
7. Other information designated by the competent authority
For those whose application documents or records mentioned in the preceding paragraph are deemed incomplete, if they are not supplemented or corrected after receiving notice from the competent authority to undertake corrective action within a prescribed period of time, their applications shall be rejected.
The correction period prescribed in the preceding paragraph shall be a maximum of one month.
Article 5
For an applicant that has passed the application document review of the competent authority in accordance with the provisions of the preceding article, the competent authority shall form an assessment team to conduct an on-site assessment; for the applicant that fails to comply with the requirements after the on-site assessment, the competent authority shall list the items of non-compliance and notify it to undertake improvements within a prescribed period of time. The applicant shall complete the improvement within the period notified and submit an improvement report. If the improvement is not completed by the deadline, the application shall be rejected.
The improvement period prescribed in the preceding paragraph shall be a maximum of three months.
The assessment team prescribed in Paragraph 1 shall consist of one convener, one deputy convener and three to five assessment members, and their terms of office shall all be one year.
The assessment members shall be unpaid positions. However, attendance fees and transportation expenses may be provided according to regulations.
Article 6
The applicant can only manage commissioned examination service of the public telecommunications network after it has passed the on-site assessment by the competent authority, entered into a public telecommunications network commission examination contract(hereinafter referred to as the commission contract)with the competent authority, and been issued with an accreditation certificate of the regulatory certification body for public telecommunications network examination(hereinafter referred to as the accreditation certificate)by the competent authority.
Article 7
The regulatory certification body shall not refuse to accept or have differential treatment for public telecommunications network examination application cases(hereinafter referred to as "examination cases"), unless it has legitimate reasons to do so.
The regulatory certification body shall, within seven days from the application acceptance date, confirm whether the documents are complete for the examination case. If the documents are deemed incomplete, it shall notify the applicant to undertake corrective action within two months. If the applicant fails to undertake corrective action within the time limit, the regulatory certification body may reject its examination application and the examination fee paid shall not be refunded.
The regulatory certification body shall complete the examination according to the processing period specified in the National Communications Commission’s Estimated Processing Time for Applications. Within three days from the examination completion date, the electronic files of the examination compliance cases shall be submitted to the competent authority or the computer database of the competent authority in accordance with the format specified by the competent authority.
When there are changes of the documents prescribed in Subparagraphs 3, 5 and 6, Paragraph 1, Article 4, the regulatory certification body shall submit the information of the changes and report it to the competent authority for approval; any changes of the documents prescribed in subparagraphs 2 and 4 of Article 4 shall be reported to the competent authority for reference.
The competent authority may dispatch personnel to the regulatory certification body to conduct irregular inspections, which cannot be refused by the regulatory certification body.
Article 8
The regulatory certification body applying for adding examination items of the public telecommunications network shall submit an application in accordance with the provisions of Article 4 and conduct the replacement of the accreditation certificate.
The competent authority shall manage the on-site assessment in accordance with the provisions of Article 5 when accepting the application prescribed in the preceding paragraph.
When there are changes in the items recorded in the accreditation certificate, in addition to conducting the addition of examination items in accordance with the provisions of Paragraph 1, the accreditation certificate shall be submitted to the competent authority for replacement within 15 days from the date of the change.
The validity period of the reissued or replaced accreditation certificate shall be the same as that of the original accreditation certificate.
A regulatory certification body shall not accept examination applications from its affiliated enterprises.
A regulatory certification body and its examiners shall not engage in the design, manufacturing, agency or import of public telecommunications network equipment.
If there is any change in the number of examiners or other change in examiners, the regulatory certification body shall submit the basic information of the changed personnel and report it to the competent authority for reference by month.
When the vacancy of examiners is not filled, resulting in the failure to meet the requirements of the minimum number of staff as prescribed in Paragraph 3, Article 3, the competent authority may order the regulatory certification body to suspend operations of examinations; after the vacancy of examiners has been filled, the regulatory certification body may submit the basic information of the examiners to the competent authority for approval to resume.
When the competent authority has notified the regulatory certification body to suspend the execution of examinations according to the provisions of the preceding paragraph, the regulatory certification body shall suspend the relevant examination work, and report to the competent authority for reference within ten days from the date of suspension.
Article 9
The commission contract signed between the competent authority and the regulatory certification body shall be for a period of four years. Three months prior to the expiration of the commission contract period, the regulatory certification body may apply for renewal of the contract within two months, and the competent authority may conduct review and on-site assessment in accordance with the provisions of Articles 4 and 5 as necessary.
If the contract period mentioned in the preceding paragraph expires or is suspended in accordance with Paragraph 8 of the preceding article, the regulatory certification body shall not accept new examination cases. However, the accepted examination cases shall continue to be processed until the examination has been completed.
When the commission contract relationship has terminated, the regulatory certification body shall transfer the relevant files of the accepted examination cases to the competent authority within seven days from the termination date of the commission.
Article 10
If the regulatory certification body violates the provisions of Article 7, Article 8, Article 15 and Article 16, the competent authority shall order it to undertake corrective action within a prescribed period of time.
Article 11
If the regulatory certification body falls under any one of the following situations, the competent authority may terminate the commission contract, and order it to return the accreditation certificate and cancel its accreditation certificate. The unfinished examination cases shall be managed by a regulatory certification body separately designated by the competent authority:
1. Those conducting false examination work in severe circumstances.
2. Those violating the provisions of Paragraph 1, Article 3.
3. Those violating the provisions of Paragraph 3, Article 3, ordered by the competent authority to suspend the certification business, without filling the vacancy within three months.
4. Those violating the provisions of Article 7, Article 8, Article 15, or Article 16, without undertaking corrective action within the deadline notified by the competent authority.
5. Those violating the provisions of Article 7, Article 8, Article 15, or Article 16 in severe circumstances.
6. Those in other circumstances that the commission may be terminated as agreed in the commission contract.
Article 12
If the regulatory certification body is in violation of these Regulations or the commission contract, in addition to being managed in accordance with the provisions of the preceding article, it shall also be dealt with in accordance with the punishment or other agreement stipulated in the commission contract.
Article 13
If the regulatory certification body violates the provisions of Paragraphs 2 and 3, Article 9, it shall not reapply to be a regulatory certification body within one year from the expiration date of the commission contract.
If the commission is terminated in accordance with the provisions of Article 11, the regulatory certification body shall not reapply to be a regulatory certification body within one year from the date of termination.
Article 14
The name of the commissioned or commission-terminated regulatory certification body shall be announced by the competent authority.
Article 15
The regulatory certification body shall set up an online application system within one year from the date of obtaining the accreditation certificate prescribed in Article 6, to accept applications for public telecommunications network examination.
Article 16
When a regulatory certification body accepts an examination application, it shall charge an examination fee to the applicant in accordance with the charge standard set by the competent authority, and shall not charge additional fees other than the charge standard set by the competent authority. The fees collected shall be fully remitted to the National Treasury on the next day of receipt. The competent authority shall pay the commission fees according to the agreed standards of the commission examination contract.
Article 17
The relevant forms and tables stipulated in these Regulations shall be separately announced by the competent authority, unless otherwise provided in these Regulations.
Article 18
These Regulations shall be implemented from July 1, 2020.
Web site:Laws & Regulations Database of The Republic of China