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

Print Time:2024/11/22 09:53
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Chapter Law Content

Chapter 1: General Provisions
Article 1
These Regulations are promulgated pursuant to Paragraph 6, Article 14 of the Telecommunication Act (hereinafter referred to as the “Act”).
Article 2
Definitions of terms used in these Regulations:
1. Wireless broadband access: A service provider using the approved frequency as stated in Article 6 and adopting wireless broadband access technology appointed in Paragraph 2 provides services enabling users to send, transfer, or receive symbols, messages, texts, images, voices, or messages of other natures.
2. Wireless broadband access technology: The capability to support uninterrupted services of mobile stations at the speed of 100Km/hr, with an average frequency spectrum efficiency of higher than 2bits/sec/Hz as defined in the technical specifications, complying with technology standards defined by one of the following standard organizations:
(1) Technology standards defined by the International Telecommunication Union (ITU)
(2) Technology standards defined by the Institute of Electrical and Electronics Engineers (IEEE), European Telecommunications Standards Institute (ETSI), or other international or regional organizations.
3. Wireless Broadband Access System: A communications system consisting of facilities required for wireless broadband access services, such as mobile stations, base stations, switch facilities, network management, and account management.
4. Wireless Broadband Access Network: A communications network consisting of a wireless broadband access system and telecommunications facilities, cables and equipment.
5. Wireless Broadband Access Services (hereinafter referred to as “services”): A service provider using the approved frequency as stated in Article 6 and adopting the wireless broadband access technology appointed in Paragraph 2 provides services enabling users to send, transfer, or receive symbols, messages, texts, images, voices, or messages of other natures.
6. Mobile Station: a wireless terminal facility used for accessing wireless broadband service.
7. Base Station: A land-based wireless communication backhaul for communication among mobile stations and other users.
8. Service Provider: The entity that the NCC has granted the right to engage in wireless broadband access services as well as the charter to operate.
9. Subscriber: A user that registers or enters a contract with a service provider for using wireless broadband access provided by the service provider.
10. Emergency Telephone: The telephone used for reporting fire, theft or other emergencies.
11. Important Public Construction: It refers to 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. Multimedia Content Service: An interactive media platform providing audio, modem, and video content services set up by a service provider.
13. Channel Service: Programs and advertisements that are arranged by content service providers and which broadcast order and time cannot be changed by users.
Article 3
The National Communications Commission (NCC) is the authority of the Regulations.
Article 4
Services shall not begin before permission is granted and the charter is issued by the NCC.
The beginning date and the final date of accepting operation applications shall be announced by the NCC.
The minimum paid-in capital of a service provider that operates the Services shall be NT$ one billion (NT$ 1,000,000,000).
If the applicant applying for the operation of the Services (hereinafter referred to as the “applicant”) is also operating other telecommunication services of which minimum paid-in capital is mandatory, the amount of minimum required paid-in capital for the applicant may be the summation of all minimum paid-in capitals mandatory for other telecommunication services being operated by the same applicant after establishment approval is granted.
Newly added capital of the applicant shall go public by issuing shares within three months after a business registration or a registration of changes for issuing new shares.
An applicant shall apply to the security authority for issuing shares to the public, provided the capital exceeds the amount defined by the competent authority.
Article 5
Service areas are defined as follows:
1. The North Area: Taipei City, New Taipei City, Keelung City, Taoyuan County, Hsinchu County, Hsinchu City, Miaoli County, Yilan County and Lienchiang County.
2. The South Area: Taichung City, Nantou County, Changhua County, Yunlin County, Chiayi County, Chiayi City, Tainan City, Kaohsiung City, Pingtung County, Hualien County, Taitung County, Penghu County and Kinmen County.
Article 6
Service areas, bandwidth, and frequency range of each charter are defined as follows:
1. Charter A1: North Area; 30MHz (2565~2595MHz)
2. Charter A2: South Area; 30MHz (2565~2595MHz)
3. Charter B1: North Area; 30MHz (2595~2625MHz)
4. Charter B2: South Area; 30MHz (2595~2625MHz)
5. Charter C1: North Area; 30MHz (2660~2690MHz)
6. Charter C2: South Area; 30MHz (2660~2690MHz)
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