Chapter 1. General Rules
Article 1
These Regulations are enacted in accordance with Paragraph 8 of Article 52; Paragraph 3 of Article 53; Paragraphs 3 and 5 of Article 57; and Paragraph 5 of Article 58 of the Telecommunications Management Act(hereinafter referred to as the Act).
Article 2
The terms used in the Regulations are defined as follows:
1. Bandwidth: refers to the band of necessary radio frequency emitted under certain conditions and circumstances.
2. Harmful interference: refers to interference to radio communications; such interference can endanger the functions of radio navigation or other safety communications, or seriously affect, interfere or repeatedly block radiocommunications.
3. Provision of radio frequencies: refers to a telecommunications enterprise that provides a part of its radio frequencies to other telecommunications enterprises in accordance with Paragraph 1 of Article 58 of the Act.
4. Frequency sharing: refers to a telecommunications enterprise that shares its radio frequency with other telecommunications enterprises in accordance with Paragraph 3 of Article 58 of the Act.
5. Provider: refers to the telecommunications enterprise that offers frequency during the frequency provision or sharing process.
6. Recipient: refers to the telecommunications enterprise that receives frequency during the frequency provision or sharing process.
7. Shared frequency: refers to the radio frequency that can be shared as announced by the competent authority.
8. User of shared frequencies: refers to those whom have been assigned to use the shared frequencies.
9. Equipment of shared frequencies: refers to usage equipment of shared frequencies in compliance and accordance with the Regulations.
10. Database of shared frequencies: refers to the information system that stores information related to frequency assignments and the usage status of the equipment of users; and that oversees and manages the resources of shared frequencies.
11. Database Management Agency for Shared Frequencies: refers to the competent authority recognized agency that is in charge of managing, operating and maintaining the database of shared frequencies.
12. User: refers to those that have installed radio equipment that emits radio frequency.
Article 3
Unless otherwise specified by laws, the person that applies for frequency assignment shall possess the nationality of or be a legal person of the Republic of China.
Article 5
The use of radio frequencies under any of the following circumstances is exempt from application for frequency assignment and the frequency use certificate issued by the competent authority:
1. Frequency bands designated for harmonious and effective sharing as prescribed in Article 52 of the Act.
2. Frequencies for the use of amateur radio stations, ship radio stations or aircraft radio stations.
3. Manufacturing, importing, possessing, or using controlled telecommunications radio frequency devices approved in accordance with the provisions of Paragraph 2 of Article 65 of the Act, except for those applicable to radio frequency assignment in accordance with Article 53 and Paragraph 1 of Article 56 of the Act.
Article 6
The frequency use certificate must not be transferred, leased, pledged, mortgaged or otherwise disposed of. In the case where the certificate is missing, damaged or altered, relevant certification documents must be submitted to the competent authority to apply for reissuance, replacement or corrections thereof.
With respect to the aforesaid certification documents, the validity thereof must be prior to the approval date of original certificate.
The frequency use certificate shall become invalid upon expiry thereof.