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

Print Time:2024/11/22 11:52
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Chapter Law Content

Chapter I General Provisions
Article 1
The Regulations are formulated in accordance with the Telecommunications Management Act(hereinafter referred to as the Act), Article 50, Paragraph 7.
Article 2
The competent authority herein referred to is the Ministry of Digital Affairs.
Article 3
The terms used herein are defined as follows:
1. Mobile broadband dedicated network: Refers to a network established for private use in the domain approved for installation, utilizing the 4.8–4.9 GHz frequency band distributed to the installer and the 5th generation communications technology released by the International Telecommunication Union(ITU)or the 3rd Generation Partnership Project(3GPP). Its network architecture is a telecommunications network composed of a core network, access network, and transmission network.
2. Core network: Refers to the software or hardware components equipped with the Access Management Function(AMF), Session Management Function(SMF), Authentication Server Function(AUSF), Unified Data Management(UDM), Policy Control Function(PCF), User Plane Function(UPF), among others.
3. Access network: Refers to the software or hardware components connecting terminal equipment with the core network or other telecommunications networks by transmitting and receiving radio signals through the base station or access point.
4. Base station: Refers to the radio station used to transmit and receive radio wave signals on the mobile broadband dedicated telecommunications network, as well as for communications of the mobile broadband dedicated telecommunications network’s terminal equipment.
5. Terminal equipment: Refers to the equipment interconnecting with the terminal point of the mobile broadband dedicated telecommunications network via a radio transmission medium and communicating through electromagnetic waves.
6. Indoor: Refers to a space above ground, below ground, or in transport vehicles that is enclosed except for doors, windows, and passages.
Article 4
Mobile broadband dedicated telecommunications networks are categorized as public service networks or private networks in accordance with their established application.
A mobile broadband dedicated telecommunications network shall be established only after the competent authority issues the letter of approval for the network establishment plan and the frequency use certificate.
After the establishment of a mobile broadband dedicated telecommunications network is completed, unless otherwise required by the Regulations, prior to the use of the network, the competent authority shall inspect it and issue the mobile broadband dedicated telecommunications network license if the inspection is passed.
Article 5
Those who establish a mobile broadband dedicated telecommunications network(hereinafter referred to as the installer)shall establish the network in their own name.
Established mobile broadband dedicated telecommunications network may merge the core network of others or access other networks.
The mobile broadband dedicated telecommunications networks established by different installers shall not be interconnected. The same applies to the mobile broadband dedicated telecommunications networks of a single installer but with varying establishment purposes.
Article 6
Those who are approved by the competent authority for the use of the mobile broadband dedicated telecommunications network shall comply with the following requirements:
1. No violation of the established purpose, application scenario, and established application.
2. No offer of public communications service.
Article 7
Established mobile broadband dedicated telecommunications networks that merge the core network of others or access other networks shall comply with the following requirements:
1. No mutual access shall be made to the telecommunication networks established by others through the core network or access networks, except under the circumstances referred to in the proviso of the Act, Article 50, Paragraph 5.
2. It shall have the capacity to manage and control the core network or access networks.
3. The provider of the core network or access networks shall not be a Mainland China investor.
4. Core network installers shall comply with the relevant laws and regulations of the Republic of China in their data collection, processing, and utilization, and have complete control over the content of the stored data. In principle, the core network data center shall be established within the territory of the Republic of China. For those established outside the territory of the Republic of China, their operators shall have a fixed business site within the Republic of China.
Article 8
A mobile broadband dedicated telecommunications network that connects to cloud services shall have an endpoint and meet the following requirements:
1. No mutual communications shall be made with the telecommunications network terminal equipment established by others.
2. No access shall be made to the telecommunications network established by others.
3. No other person shall access the mobile broadband dedicated telecommunications network set up by the installer.
4. No connections shall be made to public telecommunications networks through cloud services.
The endpoint referred to above is software and hardware devices that control and manage the traffic and routing of the mobile broadband dedicated telecommunications network connecting to cloud services to ensure the independence and closure of the mobile broadband dedicated telecommunications network.
The restrictions in Paragraph 1 of this Article shall not apply to any of the circumstances referred to in the proviso of the Act, Article 50, Paragraph 5.
Article 9
Those who apply for the establishment of a mobile broadband dedicated telecommunications network(hereafter referred to as the applicant)shall have the access right to the establishment domain.
Both the applicant and installer shall not be a Mainland China Investor.
Article 10
If two or more applicants file an application for the same domain, unless otherwise provided by laws or contracts, the applicants shall coordinate their harmonious sharing of the frequency spectrum on their own.
In the case that an applicant sets up a base station and its radio wave coverage is adjacent to or overlaps with the scope of an established network domain or an established microwave radio station interference protection coordination area, the applicant shall obtain the consent of the established network installer or established microwave radio station installer in the installation domain, and submit the frequency spectrum harmonious sharing agreement or other consent documents when filing their application.
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