Chapter 1 General Principles
These Operational Regulations is duly enacted in accordance with Article 17 of the Organizational Act of the Directorate General of Telecommunications, Ministry of Transportation and Communications (hereinafter referred to as the DGT)
These Operational Regulations shall apply to all official affairs of the DGT unless otherwise provided for in law.
Chapter 2 Duties and Functions
The Chief Engineer shall, as instructed by the Director-General and Deputy Directors-General, guide and supervise the Deputy Chief Engineer, technical specialists, associated technical specialists, and other staff regarding construction and technology affairs. The office is called “Chief Engineer Office”. The Chief Engineer Office shall take charge of the following duties and functions:
1. Take charge of researches and review related to construction and technology, and telecommunications regulation and supervision matters.
2. Inspect and oversee the telecommunications terminal equipments.
3. Enact and amend technical specifications of telecommunications terminal equipments.
4. Review, manage and oversee the certification organizations (institutions) of telecommunications terminal equipments.
5. Enact and amend the administrative regulations on controlled telecommunications radio-frequency devices; plan and oversee the enforcement matters.
6. Enact and amend the technical specifications of Low Power Radio Waves Radiated Devices, and take charge of the matters of certification and inspection.
7. Reply to administrative appeal cases against the Regulations on Controlled Telecommunications Radio-Frequency Devices regarding the Northern, Central and Southern Region Regulatory Stations on conducting the roadblock inspection.
8. Deal with consumer disputes of telecommunications terminal equipments and low power radio waves radiated devices.
9. Map out and implement the matters regarding the demand of computer processing system for controlled telecommunications radio frequency devices.
10. Amend the implementation of controlled telecommunications radio-frequency devices management or the administrative regulations on violation of a ban on use and alteration of radio spectrum.
11. Collect and research the data regarding domestic and international telecommunications technologies.
12. Manage other matters regarding telecommunications terminal equipments and radio-frequency devices.
13. Manage the matters as assigned by the Director-General and Deputy Directors-General.
The Chief Secretary shall, as instructed by the Director-General and Deputy Directors-General, coordinate the units of the DGT to deal with the administrative activities, with the following duties and functions:
1. Conduct preliminary review on drafts of official documents submitted by each unit of the DGT.
2. Register and forward the classified official documents to superior officers, and manage confidential cases as assigned.
3. Map out and amend the system of assuming responsibilities by respective levels.
4. Put together and work out the business operation report of the DGT.
5. Prepare and keep the minutes of the DGT Council, and trace the execution of resolutions.
6. Distribute, trace, and reply the cases arising from the resolution made by the executive meeting of the higher authorities, the instructions by superior officers, and the interrogation from the parliament.
7. Map out, monitor, assess, and trace the listed cases by the Executive Yuan.
8. Manage the registration of mails and phones to Director-General and Deputy Directors-General, and assign those to responsible units, and arrange documents and other routine office jobs.
9. Perform duties assigned by the Director-General and Deputy Directors-General.
The Department of Planning shall take charge of the following duties and functions:
1. Map out the telecommunications policy for the advance of the information society and oversee implementation matters.
2. Investigate and analyze the influence of the development of international telecommunications on social, cultural, and economic activities.
3. Oversee the administration and cooperation of international telecommunications.
4. Negotiate and confer with international telecommunications organizations and institutions.
5. Oversee the research and development of telecommunications technology.
6. Map out the classification of telecommunications services and theirs scope.
7. Draw up the policy of telecommunications tariffs.
8. Map out the numbering plan for each telecommunication service.
9. Draw up locally specific telecommunications and information development.
10. Map out the policy of telecommunications and information development.
11. Take charge of the overall development of communications and information industries.
12. Take charge of DGT’s information affairs regarding promotion of planning and integration of demands, analysis and design of information system, outsourcing R&D and construction and maintenance, information training and information security.
13. Promote information affairs in coordination with related Yuans, Ministries or Councils.
14. Take charge of other matters related to general planning.
The Department of Public Telecommunications shall take charge of the following duties and functions:
1. Draw up the installation of public telecommunications and the administrative regulations and the matters related to execution and planning.
2. Assign and coordinate the frequencies for public telecommunications, and deal with events of radio interference.
3. Hand over, issue, renew, and reissue the licenses of Type I Telecommunications enterprises.
4. Manage, oversee and assist the operation of telecommunications enterprises.
5. Manage the interconnection among each network of telecommunications enterprises.
6. Report on telecommunications tariffs to higher authorities and reserve for reference.
7. Assign and manage the numbering of each telecommunications service.
8. Conduct the survey and research of the information related to domestic and international telecommunications services.
9. Manage, oversee and assist the technology of public telecommunications.
10. Draw up and execute the matters regarding computer-aided management of public telecommunications and the demand of computer processing system for licensing operation.
11. Manage and examine the telecommunications line facilities and equipments installed by telecommunications enterprises.
12. Evaluate and assist in the quality of services provided by telecommunications enterprises.
13. Manage and assist the engineering staff of telecommunications enterprises.
14. Manage and inspect the installation of telecommunications stations by telecommunications enterprises.
15. Draw up and amend the technical specifications of public telecommunications equipments, and take charge of the matters related to certification and inspection.
16. Settle the disputes among Type I and II Telecommunications Enterprises and operators of customer premises equipment.
17. Take charge of other matters related to public telecommunications.
The Department of Dedicated Telecommunications shall take charge of the following duties and functions:
1. Draw up the installation and administrative regulations of dedicated telecommunications and the matters related to execution, planning and monitoring.
2. Assign and coordinate the frequencies of dedicated telecommunications, and deal with events related to the radio interference.
3. Supervise the matters related to dedicated telecommunications.
4. Issue, renew, and reissue the licenses of dedicated telecommunications equipments.
5. Manage the matters regarding the establishment and operation of telecommunications network for the academic and educational purpose or dedicated experimental, research and development purposes.
6. Draw up and execute the matters regarding computer-aided management of dedicated telecommunications and the demand of licensing operation on computer-processed system.
7. Draw up and amend the technical specifications of dedicated telecommunications equipments, and the matters of certification and inspection.
8. Oversee the dedicated radio stations for vessels and aircrafts.
9. Collect worldwide data and legislations regarding the operation and development of dedicated telecommunications, conduct research and survey, and draw up the amendments of domestic regulations.
10. Take charge of the matters related to international regulations, case study and analysis, and the international coordination of dedicated telecommunications.
11. Map out and oversee the qualifying examination of amateur and related radio operators and the licensing matters.
12. Take charge of other matters related to dedicated telecommunications.
The Department of Broadcasting Technology shall take charge of the following duties and functions:
1. Map out, plan and oversee the policy of radio and television broadcast technologies.
2. Map out, amend the regulations governing engineering technologies of terrestrial radio and television stations, cable radio and television systems, and satellite radio and television stations; oversee and execute the regulation on various engineering technologies, and engineering evaluation matters.
3. Manage the licenses of radio and television stations.
4. Research, survey and introduce the new technologies and the exploitation of radio waves for terrestrial, cable and satellite radio and television.
5. Assign and adjust the use of frequencies for radio and television business; designate the power, emission method and identification call sign, and handle the radio interference.
6. Draw up and execute the matters regarding computer-aided management of radio and television businesses and the demand of computer processing system for licensing operations.
7. Research and survey the affairs regarding the spillover of international broadcasting satellite and international negotiation.
8. Manage the equipments and technicians of terrestrial, cable and satellite radio and television.
9. Take charge of other matters related to engineering technologies of radio and television.
The Department of Radio Spectrum Management shall take charge of the following duties and functions:
1. Draw up, coordinate and adjust the allocation of nationwide frequencies.
2. Map out the revision to the Table of Frequency Allocation and manage the data of frequency assignment.
3. Coordinate the frequencies of radio communication among international communities.
4. Handle the interference of radio communication among international communities.
5. Collect, research and survey the data regarding international telecommunications treaties and additional agreements; amend related domestic laws and regulations and draw up and oversee the implementation matters.
6. Draw up and execute the matters regarding computer-aided management of radio spectrum and the demand of computer processing system for licensing operations.
7. Plan, construct and maintain the radio spectrum monitoring system.
8. Map out and oversee the monitoring operation of radio spectrum.
9. Research and survey the exploitation of frequency spectrum and collective works.
10. Detect any use or change of radio frequency or amplify the power to emit radiated messages without authorization, and oversee the handling of interference.
11. Map out the fee schedule of radio spectrum and other related matters.
12. Take charge of the cooperative observation and research of radio waves science among international communities.
13. Take charge of other matters related to radio spectrum management.
Each Region Regulatory Station shall take charge of the following duties and functions:
1. Execute the management and assistance to telecommunications enterprises.
2. Inspect and manage the radio stations of telecommunications enterprises.
3. Inspect and manage the equipments of public telecommunications.
4. Hand over, issue, renew, and reissue the licenses of Type II telecommunications enterprises.
5. Issue and renew the licenses of engineering staff of telecommunications enterprises.
6. Execute the engineering technologies of terrestrial, cable and satellite radio and television, and inspect and manage related equipments.
7. Take charge of the technical inspection and management of dedicated telecommunications equipments.
8. Issue and renew the licenses of dedicated telecommunications (including taxi radio stations, amateur radio stations, ship radio stations, and fishing vessel intercoms).
9. Take charge of the qualifying examination of amateur radio operators and the license issuance and renewal.
10. Draw up and execute the matters regarding computer-aided management of telecommunications regulation and the demand of computer processing system for licensing operation.
11. Execute the monitoring of radio waves.
12. Detect and outlaw various illegal radio stations and investigate the interference of radio waves.
13. Seize and keep illegal equipments, and take charge of destruction and supervision thereof.
14. Issue the penalty decision for the case against the Telecommunications Act and take charge of the matters related to management.
15. Enforce the management of industrial, scientific, medical, low power and other radiated equipments.
16. Manage the operators of controlled telecommunications radio-frequency device and inspect the devices thereof.
17. Issue, renew and reissue the licenses of controlled telecommunications radio-frequency device and take charge of management matters.
18. Collect all kinds of regulation fees and hand in for cancellation.
19. Manage administrative and general affairs of the regulatory station.
20. Take charge of other enforcement matters related to telecommunications regulation.
The Legal Affairs Office shall take charge of the following duties and functions:
1. Manage regular affairs of the Telecom Conciliation Committee.
2. Take charge of co-consultation and co-approval affairs of each departments, offices and region regulatory stations of the DGT.
3. Nominate and recommend certain law scholars and experts as concurrent members of each committee.
4. Map out and amend the draft of telecommunications related laws and regulations, and co-approve, draw up and examine the abolishment of bills.
5. Interpret the disputes on application to telecommunications related laws and regulations.
6. Manage the annual legislative plans of the DGT and the plan pf regulations arrangement.
7. Assist the case with regard to appeal, re-appeal, and administrative litigation.
8. Manage and draw up the case of national compensation of the DGT.
9. Handle the penalty case for the Telecommunications Act that fails to pay within a time limit and needs to be referred to the court for compulsory execution.
10. Co-approve and deliberate the civil and criminal litigations and the petitions dealt by DGT’s departments, offices or region regulatory stations.
11. Handle the cases regarding DGT’s civil and criminal litigations and the events that DGT’s staff involves in a lawsuit on duty.
12. Co-ordinate and keep track of the matters related to employing a legal consultant or hiring an attorney to handle a legal case.
13. Co-confirm and deliberate various agreements of the DGT.
14. Take charge of the telecommunications regulations published on the governmental gazette and the matters related to editing and circulation.
15. Collect, arrange and study international telecommunications laws and regulations.
16. Provide legal consultations and opinions for the telecommunications police regarding the implementation of duty.
17. Connect, coordinate and match up the legal affairs among the DGT, the police administration, and the telecommunications police department.
18. Take charge of other legal affairs of telecommunications.
The Secretariat shall take charge of the following duties and functions:
1. Purchase, discard and manage the office stationery and other equipments.
2. Map out, amend and suggest the rules and regulations of the Office.
3. Arrange and decorate the conference hall and manage office locations and environmental sanitation.
4. Take charge of the matters regarding the procurement, management, discard, maintenance, service of the vehicles for public use, and fuel purchase matter.
5. Take charge of the affairs regarding employment, dispatch, distribution, management and evaluation, and the insurance of technical workers and maintenance workers.
6. Manage the issues of DGT’s labors and the resolution of labor disputes.
7. Purchase equipments and articles.
8. Promote the outsourcing of cleaning labor service of each office location and take charge of supervision and management.
9. Take charge of the matters regarding outsourcing of facility security of the DGT and guard service, access control, and the supervision and management.
10. Oversee and evaluate shelter regiments.
11. Take charge of the execution of DGT’s disaster prevention and rescue plan.
12. Affix and take custody of the DGT’s official seals.
13. Take charge of receipt, dispatch, distribution, typing and proofreading of official documents, and management of files.
14. Draw up, promote and carry out the computerization of official documents.
15. Take charge of the public relations and execution of news contact and news release.
16. Enact and enforce the telecommunications public relation plan.
17. Take charge of printing, publishing and keeping of the books and publication.
18. Take charge of the survey on public opinion and the reflection of public sentiment.
19. Contact a visit and investigation on the telecommunications equipment and receive foreign guests.
20. Draw and pay the funds; receive the annual revenue and pay to the treasury; grant the salary of staff and hand in various special funds to treasury.
21. Receive and take care of negotiable instruments and securities.
22. Handle financial affairs and draw up financial statements.
23. Take charge of the land expropriation, appropriation, exchange, and donation.
24. Take charge of the buying, management, leasing, maintenance of the real property, registration of property right, and the storage of land title of ownership.
25. Take charge of change registration of property and storage thereof.
26. Repair, maintain, distribute, and manage the offices and staff’s dormitory, houses, and water and electricity.
27. Draw up the construction budget, design the construction, introduce new construction technologies and formulate standards.
28. Take charge of the matters not belonging to other units.
The Personnel Office shall take charge of the following duties and functions:
1. Take charge of organizational structure, budget and prescribed number of personnel.
2. Manage issues regarding appointment and discharge of staff, transfer, government salary, qualification screening, retirement, layoff and indemnity.
3. Take charge of staff’s awards and punishment, performance rating, and leave of absence and duty performance.
4. Take charge of staff’s personnel planning and talent list reservation.
5. Render service to staff regarding their pay, fringe benefits, and insurance.
6. Carry out training, advanced studies, research, practical training, and overseas trips.
7. Conduct registration, management of staff’s personnel files and issue the evidence of qualification.
8. Map out personnel related laws and regulations and business research and development of the Office.
9. Offer proposals and improvement regarding the personnel management of the Office.
10. Take charge of the matters regarding DGT’s establishing personnel administration agency, allotment of personnel officials and management thereof.
11. Manage other assigned matters.
The Civil Service Ethics Office shall take charge of the following duties and functions:
1. Draw up civil service ethics related laws and regulations.
2. Publicize civil service ethics related laws and regulations.
3. Prevent, find out and deal with potential fraudulent practice by staff.
4. Offer proposals on renovation in the civil service ethics aspect.
5. Offer proposals on performance rating, award and punishment.
6. Safeguard secrets in the government business.
7. Prevent fraudulent activities detrimental or damaging the DGT.
8. Help settle petitions and appeals.
9. Take charge of personnel management of the civil service ethics personnel activities.
10. Take charge of other issues related to the civil service ethics.
The Accounting Office shall take charge of the following duties and functions:
1. Map out, study, analyze the annual budget and final accounts and make financial statements.
2. Allocate, execute, control and reserve the statutory budget.
3. Check, analyze and prepare the financial statements.
4. Collect, check the design of telecommunications statistical formula and various statistical data; analyze and prepare the statistical report.
5. Prepare the performance report and other related matters.
6. Establish and adjust the accounting units; take charge of accounting staff’s appointment, discharge, transfer, training, performance rating, awards and punishment.
7. Study, draw up and advance the computerization of accounting affairs.
8. Map out and enact the accounting system and related laws and regulations.
9. Check and sign the expense, check the certificates of revenue and expenditure, prepare accounting books, and deal with accounting affairs.
10. Provide salaries and loans, and check the withholding of payment.
11. Clear the temporary debit and the credit under custody.
12. Examine cash, revolving funds, notes, cash in banks, and certificates of property right.
13. Manage all the purchase cases under the Government Procurement Act, and supervise the tender opening, price competition, price negotiation, award and acceptation, and inspection.
14. Study, recommend and amend the procedure of expense issuance.
15. Manage the accounts of property purchase, replacement, discarding, and realization.
16. Manage the book binding and keeping various accounting certificates, notes, statements, and account books.
17. Take charge of other annual audit and accounting, statistics and internal check.
The Telecom Conciliation Committee shall take charge of the following duties and functions:
1. Settle the disputes on claims among telecommunications enterprises.
2. Settle the disputes on claims between the telecommunications enterprise and the telecommunications equipment operator.
3. Settle the disputes on claims between the telecommunications enterprise and subscriber(s).
4. Settle the disputes on regulations, allocation and assignment of radio frequencies.
5. Settle the disputes on engineering technologies and regulations between the telecommunications enterprise and the mass media enterprise.
6. Settle the disputes on the dedicated telecommunications.
7. Settle other disputes related to telecommunications enterprises and telecommunications regulatory matters.
The functions of respective sections and offices shall be stipulated in the Functions Instruction Manual.
Chapter 3 Assuming Responsibilities by Respective Levels
The official responsibility shall be divided into two levels. The Director-General and Deputy Directors-General serve as the first level and the directors and deputy directors of all departments and office serve as the second level. The chief of first and second levels may authorize deputy chief(s) to deal with part of responsible official affairs of each level. In the condition of chief’s official trip or leave, the deputy chief of each level or the designated agent shall act on the chief’s behalf regarding the duties and functions.
The management of DGT’s official affairs can be divided into the followings according to its nature of difficulty and the responsibility of importance:
1. Extremely important and important official affairs: The chief of the first level.
2. Ordinary official affairs: The chief of the first level authorizes the chief(s) of the second level.
Each department and office shall, according to the scope of function, divide the official affairs into three categories: extremely important, important, and ordinary. The detail sheet of assuming responsibilities by respective levels shall be reported to the Director-General for approval.
Each level of staff shall be responsible for the following authorized affairs:
1. Mistakes or overstepping one’s authority occurs in managing affairs; however, non-illegal acts shall not be included.
2. The director shall be responsible for the ordinary official affair where a mistake occurs in the official document in the name of the department or office.
3. The drafter and the section chief shall be responsible for the mistake in quoting laws, precedent cases, words and numbers, and format of the document. For serious circumstance, the director shall be jointly responsible therefor.
4. The drafter and proofreader shall be responsible for the mistake of writing or typing.
5. The handling person shall be responsible for the omissions or mistakes on the receipt and dispatch of documentation, payment, and articles.
6. Other matters with mistakes, the maker shall bear the responsibility by law according to the Functions Instruction Manual.
The chief of the first level may, at any time, rectify the circumstance that any who deals with official affairs against law, beyond authorization or instructions and may modify the scope of authorization if necessary.
DGT’s external official document shall be in the name of the Director-General. The chief in charge shall determine the official document regarding authorized affairs.
For the official affairs subject to the stipulations of assuming responsibilities of respective level, the department/office director may manage the affairs beforehand and make up a report for approval when encountering occasional or emergent cases.
The staff’s powers and responsibilities of each level shall be in accordance with the Functions Instruction Manual.
Chapter IV Meeting
The DGT to draw up an important telecommunications policy or to manage an important measure, the Director-General shall convene the regular meeting or the provisional meeting to discuss it. The resolution thereof shall be implemented after the approval of the Director-General. Research projects or ordinary affairs may be deliberated in the meeting assembled by the convener appointed by the Director-General or the director in charge. The decision thereof shall be implemented after submitted to the Director-General for approval.
The minutes of each meeting shall be kept and distributed to related units for handling or for reference.
Chapter V Management of General Affairs
The process of documentation shall be in accordance with the operational rules for the documentation and files and related laws and regulations.
The personnel management of the DGT shall be in accordance with the laws regarding to the personnel management of civil service and other related laws and regulations.
The financial management of the DGT shall be in accordance with DGT’s revenue and expenditure management procedure and financial management rules and related laws and regulations.
The DGT’s affairs management shall be duly handled in accordance with the affairs regulations of the DGT and other related laws and regulations.
Chapter VI Supplementary Provisions
These operational regulationgs shall come into force on the date of promulgation.