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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 07:49
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Chapter Law Content

Chapter 1: General Provisions
Article 1
These regulations are promulgated pursuant to Paragraph 6 of Article 14 in the Telecommunications Act (thereof called the Act).
Article 2
The terms of these regulations are defined as the following:
1. The Third Generation Mobile Telecommunication: It refers to the carrier using the allocated frequencies mentioned in Article 7 and adopting the technical standards regulated in IMT-2000 announced by the International Telecommunications Union to provide the audio or non-audio communications.
2. The Third Generation Mobile Telecommunications System: It refers to the carrier using the allocated frequencies mentioned in Article 7 and adopting the technical standards regulated in IMT-2000 announced by the International Telecommunications Union to provide the communications systems consisting of audio or non-audio communicational mobile stations, base stations, exchange facilities, network management, and account management.
3. The Third Mobile Telecommunications Network: It refers to the communications network consisting of the third generation mobile telecommunications systems and the telecommunications facilities.
4. The Third Mobile Telecommunications Business (thereof called this Business): It refers to the carrier using the allocated frequencies mentioned in Article 7 and adopting the technical standards regulated in IMT-2000 announced by the International Telecommunications Union to provide the audio or non-audio communications.
5. Mobile Station: It refers to the radio terminal facility for the use of the third mobile telecommunications
6. Base Station: The land-based radio telecommunication link for the use of communications among mobile stations and other users
7. Carrier: It refers to the carrier approved and licensed by the NCC to operate the third mobile telecommunications
8. Subscriber: It refers to the user registering to or contracting with carriers to use the third mobile telecommunications service provided by the carriers.
9. Emergency Telephone: It refers to the telephone used for reporting fire disaster, theft, and other emergency rescues.
10. The Second Generation Carrier: It refers to the carrier that acquire the concession license of the mobile telecommunications service according to Regulations Governing the Mobile Telecommunications Service or the license of 1900MHz digital low-tier cordless telephone business according to Administrative Regulations governing 1900MHz Digital Low-Tier Cordless Telephone Business.
11. Important Public Construction: The public constructions like high speed rail, railway, mass rapid transit, freeways, highways, airports, harbors, tunnels, or other public constructions used by the public with a certain scale and with the verification of other authorities.
12. Audio - Video content transmission platform:The interactive platform for users to access their content of audiovisual media interactive interface and audio-visual content storage device in a non-open environment that can be controlled by operators of the third generation mobile communication system.
13. Telecommunications equipment room:A facility in which the operator installs equipment required for implementing networks and providing telecommunications services.
14. Internet data center: A facility in which the operator places and installs cabinets, as well as power air-conditioning and firefighting equipment. The center may be leased to a third party, managed by the operator, or provided to users to set up ITC equipment.
15. Telecommunications infrastructure:Telecommunications equipment and its pipeline infrastructure.
Article 3
The National Communications Commission (NCC) is the authority of the Regulations.
Article 4
The carrier of this business shall start its operation after acquiring the concession license with the franchise from the authority.
The beginning and the end date of application for operating this, business shall be announced by the authorities.
The minimal bidding price for the license of this business shall be announced by the authority.
The operation area of this business is the whole nation.
The minimal paid-in capital for operating this business shall be 6 billion New Taiwan dollars.
If the applicant operates other business of Type I telecommunications enterprises at the same time and there is restriction on the paid-in capital to the other business, after acquiring the establishment approval, the required minimal paid-in capital shall be calculated by aggregating the minimal requirement of each service.
Article 4-1
After paid-in capital exceeds the minimum capital amount (inclusive) prescribed in the foregoing article and the number of shareholders exceeds 200 persons, the operator must apply to the securities management agency for public issuance procedures within three months after its establishment registration or new stock issuance change registration.
If an operator reduces its capital pursuant to a resolution of its shareholders meeting or engages in the actions specified in Article 185, Paragraph 1 of the Company Law, it shall report said actions to the competent authority for future reference within 20 days of the day after the shareholders meeting resolution.
Article 5
The franchised cases of application for this business shall be conducted according to the following two stages:
1. Stage One: Reviewing the applicant’s application form, the business plan, and other qualifications and terms
2. Stage Two: After the applicant who passes the stage-one reviewing becomes a qualified bidder (thereof called the Bidder) shall participate the bidding according to regulations. After the winning bidder shall pay the awarded bidding price at one time or pay the down payment and the payment guarantees of the interests of the awarded bidding price, the authority will issue the applicant with the establishment approval.
Article 6
If any of the following situations happens, the authority may declare aborting the bid:
1. The number of applicants for operating this business is less than five.
2. The number of bidders is less than five.
If the number of the qualified applicants in the first round in the bidding procedure is less than five, the authority may revoke aborting the bid.
Article 7
The bandwidth and bands of frequencies used by each license in this business are as the following:
1. License A: 2 x 15MHz (1920~1935MHz; 2110~2125MHz) + 5MHz (1915~1920MHz)
2. License B: 2 x 10MHz (1935~1945MHz; 2125~2135MHz) + 5MHz (2010~2015MHz)
3. License C: 2 x 15MHz (1945~1960MHz; 2135~2150MHz) + 5MHz (2015~2020MHz)
4. License D: 2 x 15MHz (1960~1975MHz; 2150~2165MHz) + 5MHz (2020~2025MHz)
5. License E: 2 x 20MHz (825~845MHz; 870~890MHz)
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