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Chapter Ⅰ General Provisions
Article 1
These Regulations are promulgated pursuant to Section 1 and 3 of Article 41 of the Telecommunications Management Act.
Article 2
Terms used in these Regulations are defined as follows:
1. Telecommunications engineer(s): refers to an individual who is responsible for and supervises the construction, maintenance, and operations of the facilities of a telecommunications enterprise, or an individual who is responsible for the construction and supervision of telecommunications equipment connected to the public switched telecommunications network(PSTN).
2. Telecommunications engineering enterprise(s): refers to those that engage in the construction and maintenance of interconnection between or among the telecommunications equipment of telecommunications enterprises, or between main distribution equipment in the switching office of a telecommunications enterprise and equipment in subscribers’ premises.
Chapter Ⅱ Classification and Qualification of Telecommunications Engineers
Article 3
The classification of a telecommunication engineer shall be categorized as either Class A or Class B, the operating ranges of which shall be as follows:
1. Class A telecommunication engineer(s): refers to an individual who is responsible for and supervises the construction, maintenance, and operations of the facilities of a telecommunications enterprise, or an individual who is responsible for the construction and supervision of telecommunications equipment connected to the public switched telecommunications network(PSTN).
2. Class B telecommunication engineer(s): refers to an individual who is responsible for the construction and supervision of telecommunications equipment connected to the PSTN.
Article 4
Class A telecommunications engineers shall possess one of the following qualifications:
Experience of more than one year with certification in the work of telecommunications switching, telecommunications transmission, data communications, telecommunications electric power, or telecommunications circuits. The individual shall possess one of the following additional qualifications:
Successful qualification of the Senior National Examination or Special Examination that is equivalent to the Senior National Examination in the subjects of automatic control engineering, electric power engineering, control engineering, electronics engineering, telecommunications engineering, electrical engineering, information engineering, information processing, or information science; successful qualification of the Special Professional and Technical Personnel Senior National Examination or Qualification Examination for electrical engineering, electronics engineering technician, and information technician or successful qualification of first-class, second-class or third-class Special Examination for telecommunications senior technicians;
Successful qualification of the communications business personnel upgrade examination for a telecommunications senior technician during the period working for a telecommunications enterprise;
Successful qualification of the first-class line circuit operator examination of the Special Examination for a telephone operator;
Successful qualification of the Senior National Examination or Special Examination that is equivalent to the Senior National Examination in the areas not listed in item(1)and also qualified based on the senior technician position in accordance with to the communications business personnel qualification regulations during the period working for a telecommunications enterprise.
Experience of the more than three years in the work of telecommunications switching, telecommunications transmission, data communications, telecommunications electric power, or telecommunications line circuits, holding certification in any of the following:
Successful qualification in electric power engineering, electronic engineering, telecommunications engineering, electrical engineering, information engineering, or information processing of the General National Examination or the forth-class Special Examination equivalent to the General National Examination, or a pass in the forth-class Special Examination for telecommunications technicians;
Successful qualification of the communications business personnel upgrade examination for telecommunications technicians during the period working for a telecommunications enterprise;
Successful qualification in the second-class line circuit operator or switchboard operator examination of Special Examination for telephone operators;
Certification in second-class or higher class telecommunications technology technician issued by the Ministry of Labor;
Successful qualification of the General National Examination or Special Examination that is equivalent to the General National Examination in the areas not listed in the item(1)of this subparagraph and also qualified based on the technician position in accordance with the regulations of communications business personnel qualification during the period working for a telecommunications enterprise.
Holding certification or a degree in telecommunications engineering, electric power engineering, electronic engineering, control engineering, information engineering or information processing, electrical engineering, information or related disciplines from a public university or private university that is legally registered for the status claimed, a college or foreign university that is recognized by the Ministry of Education, holding certification for experience of more than two years in the work of telecommunications switching, telecommunications transmission, data communications, telecommunications electric power or telecommunications circuits.
Having served as a telecommunications engineer in accordance with subparagraphs 3 to 8 of Article 5 of these Regulations, holding relevant certification for being engaged in the telecommunications switching, telecommunications transmission, data communications, telecommunications electric power or telecommunications line circuits work for more than five years.
Having served as a telecommunications engineer in accordance with subparagraph 9 and 10 of Article 5 of these Regulations, holding relevant certification for being engaged in the telecommunications switching, telecommunications transmission, data communications, telecommunications electric power or telecommunications line circuits work for more than eight years.
Article 5
Class B telecommunications engineers shall possess one of the following qualifications:
Successful qualification of the Senior National Examination or Special Examination that is equivalent to the Senior National Examination in the subjects of automatic control engineering, electric power engineering, control engineering, electronics engineering, telecommunications engineering, electrical engineering, information engineering, or information processing, information science; successful qualification of the Special Professional and Technical Personnel Senior National Examination or Qualification Examination for electrical engineering, electronics engineering technicians, or information technicians;
Successful qualification in the area of electric power engineering, electronic engineering, telecommunications engineering, electrical engineering, information engineering, or information processing in the General National Examination or the forth-class Special Examination equivalent to the General National Examination;
Successful qualification in the level equivalent to or above of the Special Examination for telecommunications assistant technicians;
Successful qualification of the Special Examination for telephone operators;
Successful qualification in the level equivalent to or above of the communications business personnel upgrade examination for telecommunications assistant technicians during the period working for a telecommunications enterprise;
Holding certification in the third-class or higher telecommunications technology technician issued by the Ministry of Labor;
Holding certification and degree from the electronic engineering, electronic engineering, telecommunications engineering, information, information engineering, information processing, electric power engineering, control engineering or other related departments from a public or private junior college that is legally registered for the status claimed or from a foreign junior college that is recognized by the Ministry of Education or holding qualified certification from a junior college in accordance with related laws;
Successful qualification of the General National Examination or Special Examination that is equivalent to the General National Examination in the areas not listed in technical areas of subparagraphs 1 and 2 of this Article and has also qualified as a technician in accordance with the communications business personnel qualification regulations during the period working for a telecommunications enterprise;
Experience of more than three years serving as a telecommunications engineer, holding relevant certification for telecommunications switching, telecommunications transmission, data communications, telecommunications electric power, or telecommunications circuits work;
Holding certification from the electrical engineering, electronic engineering, electronic automatic control, control, electrical signal, electronic communications, information and related disciplines in public, private domestic skill-based senior high school or foreign skill-based senior high school that is recognized by the Ministry of Education, or holding certification from skill-based senior high school in accordance with related laws, and having relevant certification of telecommunications switching, telecommunications transmission, data communications, telecommunications electric power or telecommunications circuits work for more than three years;
Certification in Class C or above interior wire distribution, industrial wire distribution, electronic wire repair, electronic cable repair, electricity change equipment repair, electronic equipment detection category technician issued by the Ministry of Labor or class A or class B electrician with certification in accordance with laws.
Chapter Ⅲ Employment and Management of Telecommunications Engineers
Article 6
Telecommunications engineering enterprises shall select qualified telecommunications engineers.
Telecommunications engineering enterprises shall review qualified telecommunications engineers, complete and submit the qualification review form of recruited telecommunications engineers to the competent authority for review within sixty days. Further changes in employment shall also be reported to the competent authority.
Article 7
Telecommunications engineering enterprises shall not employ telecommunications engineers in any of the following circumstances:
1. An individual who has been given a guardianship or assistantship pronouncement that has yet been lifted.
2. An individual who has initially acquired the compliance qualification as a telecommunications engineer through examination but has subsequently been revoked of qualifications in accordance with the Examination Law.
3. After review by the competent authority, qualification of the telecommunications engineer(s)listed in the review qualification form of recruited telecommunications engineers were not compliant with Article 4 or 5 of this Regulation.
Chapter Ⅳ Classification and Qualification of Telecommunications Engineering Enterprises
Article 8
Prior to operating, a telecommunications engineering enterprise(s)shall apply to the competent authority for approval and issuance of a telecommunications engineering enterprise(s)registration license(hereinafter as “registration license”).
Upon obtaining the registration license, a telecommunications engineering enterprise shall join a pertinent telecommunications engineering enterprise association in accordance with the Industrial Group Act prior to operating the business.
Article 9
The registration of telecommunication engineering enterprises shall be categorized into class A, B, and C, the operating ranges of which shall be as follows:
Class A telecommunication engineering enterprise: conducts installation, maintenance, and construction of the interconnection of the telecommunications equipment between telecommunications enterprises and of the main distribution equipment in a switching office of the telecommunications enterprise to subscribers’ terminal equipment;
Class B telecommunication engineering enterprise: conducts installation, maintenance, and construction of main distribution equipment in switching offices of telecommunications enterprises to the subscribers’ terminal equipment;
Class C telecommunication engineering enterprise: conducts installation, maintenance, and construction within the demarcation point of responsibility of the subscriber’s property.
Article 10
Those that apply for registration of a Class A telecommunication engineering enterprise shall obtain the following:
Capital that exceeds TWD10,000,000;
A legal and fixed place of business;
Employs at least one telecommunications engineering personnel in the area of subparagraph 1; employs at least one telecommunications engineering personnel in the area of subparagraph 2; employs at least two telecommunications engineering personnel in the area of subparagraph 3; telecommunications engineering personnel shall not hold the following positions in another telecommunications engineering enterprise(s);
An electronic engineering technician, electrical engineering technician, information management technician, or personnel holding certification in a Class A communications technology category issued by the Ministry of Labor;
An electronic engineering technician, electrical engineering technician, information management technician, personnel holding certification in a Class B or above communication technology category or Class B or above network installation technician issued by the Ministry of Labor;
An electronic engineering technician, electrical engineering technician, information management technician, personnel holding certification in Class C or above communication technology category, or Class C or above network installation issued by the Ministry of Labor.
Article 11
Those that apply for registration of a Class B telecommunications engineering enterprise shall obtain the following:
Capital that exceeds TWD2,000,000;
A legal and fixed place of business;
Employs at least one telecommunication engineering personnel in the area of each subparagraph 1; telecommunication engineering personnel shall not hold the following positions in another telecommunications engineering enterprise(s),
An electronic engineering technician, electrical engineering technician, information management technician or personnel with certification in Class B or above communication technology category, or Class B or above network installation technician;
An electronic engineering technician, electrical engineering technician, information management technician, personnel with certification in Class C or above communications technology category, or Class C or above network installation.
Article 12
Those that apply for registration of a Class C telecommunications engineering enterprise shall obtain the following:
1. Capital that exceeds TWD500,000;
2. A legal and fixed place of business.
3. Employs at least one telecommunications engineering personnel who does not hold a position in another telecommunications engineering enterprise(s)in the areas of each of the following subparagraphs:
An electronic engineering technician, electrical engineering technician, information management technician.
Personnel with certification in Class C or above communications technology category, or Class C or above network installation.
Certification in Class C or above interior wire distribution, industrial wire distribution, electronic wire repair, electronic cable repair, electricity change equipment repair, electronic equipment detection category technician issued by the Ministry of Labor or Class A or Class B electrician holding certification in accordance with laws.
Article 13
The legal representative of the telecommunications engineering enterprise that obtains the qualifications stipulated in Article 10 to Article 12 may hold a position as mandatory telecommunications engineering personnel of that enterprise(hereinafter as “mandatory personnel”).
Chapter Ⅴ Registration and Management of Telecommunications Engineering Enterprises
Article 14
Those that apply for the registration of telecommunications engineering enterprise shall submit the following documents to the competent authority for registration; upon successful completion of the review, the competent authority shall approve and issue a telecommunications engineering enterprise registration license:
The telecommunications engineering enterprise(s)registration license application(hereinafter as “application”);
Photocopy of the proof of documentation of the company or commercial registration;
Photocopy of the proof of documentation of capital;
Photocopy of proof of mandatory personnel qualification documentation, a photocopy of the ID card, and employment consent letter.
The contents of the application in subparagraph 1 of the above paragraph shall include the following:
Company title, name, and its registered business office;
Company or business entity’s representative, name of the mandatory personnel, date of birth, place of residence, identity documents and document number;
Capital.
In the case where the documents submitted with the aforementioned application are deemed incomplete or deviating from regulations, the competent authority shall notify the applicant to undertake corrective action within a prescribed period of time; should the corrective action undertaken by the applicant within the prescribed period of time still be deemed incomplete, the application shall be rejected and submitted documents shall not be returned.
The application, replacement, or reissue of the telecommunications engineering enterprise(s)registration license shall be applied for online; its implementation and timetable shall be announced by the competent authority.
Article 15
The license registration shall contain the following:
License number;
Name of corporation or enterprise;
Legal representative;
Capital;
Business address of corporation or enterprise;
Class of the telecommunications engineering enterprise;
Effective period.
Article 16
If any content of the license registration is to be revised, an application for revision shall be submitted to the competent authority within thirty days after the date of such revision, with proof of related documentation stated in Paragraph 1, Article 14, for a replacement license.
If the registration license is lost or damaged, the telecommunications engineering enterprise shall apply to the competent authority for re-issuance of license registration, with proof of documentation of the company or commercial registration.
The effective period of the re-issued or replaced license, according to Paragraph 1 or 2 of this Article, shall be equal to the original license.
Article 17
The registration license shall be valid for a five-year period; when intending to renew the license upon expiry, the operator shall submit the following documents, three months prior to the expiry of the registration license, to the competent authority for renewal, from which the validation period begins from the following day the initial registration license expires:
The application;
Photocopy of proof of documentation of capital;
The photocopy of initial registration license;
Photocopy of proof of documentation of the company or business registration attesting that the operator’s business items include the telecommunications engineering enterprise;
The valid association member certificate.
Article 18
When mandatory personnel resign or fail to conduct his/her duties, replacement mandatory personnel shall be employed within three months and shall be reported to the competent authority for reference.
Should the telecommunications engineering enterprise fail to report to the competent authority, the resigning mandatory personnel may submit the relevant documents of resignation to the competent authority.
Should the telecommunications engineering enterprise fail to replace the number of mandatory personnel within the time limit, the competent authority shall notify the enterprise to undertake corrective action within a prescribed period of time.
Reporting to the competent authority for reference in Paragraph 1 and 2 shall include a photocopy of proof of documents for complying with the qualification of mandatory personnel, photocopy of identification, and consent of employment.
Article 19
When a telecommunications engineering enterprise applies for suspension of business, the period of suspension shall not exceed one year. The telecommunications engineering enterprise shall submit the license to the competent authority safeguarding. The license shall be returned after operations resume.
When a telecommunications engineering enterprise terminates its business or dissolves its company, the telecommunications engineering enterprise shall apply to the competent authority for permission within one month, and shall return the license to the competent authority.
Article 20
Should there be false or fraudulent items in the application of registration of the telecommunications engineering enterprise, the competent authority shall revoke the registration.
The competent authority shall abolish the registration of the enterprise in any of the following circumstances:
The telecommunications engineering enterprise lends its license for any third party to use;
In the case of poor quality work, inferior materials, or operating construction without prior approval and has been determined by the court as endangering health or safety;
Convicted by the courts of conducting illegal bidding;
Failure to employ enough personnel within three months and failure to undertake corrective action within the prescribed period of time when notified by the competent authority when mandatory personnel resign or are laid off;
Failure to apply for resumption of its business after a period of suspension;
The operating body has been dissolved or no longer exits according to the corporation or business registration laws.
Other than the circumstances stipulated in subparagraphs 5 or 6 above, the legal representative of the telecommunications engineering enterprise whose license has been revoked or abolished, shall not be permitted to apply for registration of a telecommunications engineering enterprise within three years.
Chapter Ⅵ Supplementary Provisions
Article 21
Those that apply for a certificate of registration, revision, or renewal, or reissuance due to loss or damage in accordance with these Regulations, shall pay fees in accordance with the Charging Standards of Telecommunications Management.
Article 22
The qualification of an individual who has obtained a license as a senior telecommunications engineer issued by the competent authority shall remain effective as a Class A telecommunication engineer; the qualification of an individual who has obtained a license as a telecommunication engineer issued by the competent authority shall remain effective as a Class B telecommunication engineer.
The period of validity of a registration license obtained by a telecommunications engineering enterprise from the competent authority shall continue until its expiration; prior to expiration of the validity period of the license, the enterprise may apply to the competent authority for renewal in accordance with Article 17 of this Regulation.
Article 23
These regulations shall come into effect upon July 1, 2020.
Web site:Laws & Regulations Database of The Republic of China