Radio frequency is a type of resource shared by all nationals. With respect to the radio frequency plan and management, the agency (organization) designated by the Executive Yuan shall ensure that the harmonious and effective use of radio frequency complies with public convenience, public interests and necessity.
Unless specified otherwise in the Act, radio frequencies shall be allocated by the competent authority, and a radio frequency use certificate is required for the use thereof.
A Radio Frequency Allocation Table of the Republic of China (hereinafter referred to as the Frequency Allocation Table) and a Radio Frequency Supply Plan (hereinafter referred to as the Frequency Supply Plan) are drafted by agencies designated by the Executive Yuan. Not only are relevant agencies and organizations invited to carry on a discussion thereon but also the Frequency Allocation Table and the Frequency Supply Plan are regularly reviewed and amended.
The Frequency Allocation Table and Frequency Supply Plan will be promulgated and implemented upon receipt of the Executive Yuan’s approval. However, no announcement on military radio frequencies will be made.
The Frequency Allocation Table as described in the preceding paragraph shall specify the allocation and use of all types of radio signals, whereas the Frequency Supply Plan shall specify the release of mid- and long-term frequencies, frequency reorganization, frequency sharing and the plan on the supply of other frequencies.
The allocation and use of radio frequencies shall be conducted in accordance with the Frequency Allocation Table announced by the Executive Yuan.
To facilitate the effective use of radio frequencies and encourage technological development, the agency (organization) designated by the Executive Yuan may, according to International Telecommunications Convention or International Radio Regulations, designate specific frequency bands to have them used for the purpose of harmonious and effective sharing.
Radio frequency as described in Paragraph 1; electric power; transmission method; applications for the identification of station; allocation principles; use management and restrictions; interference processing; and other related matters shall be promulgated by the competent authority.

Telecommunications enterprises that apply to use radio frequencies shall submit the application, radio frequency use plan and relevant qualification certificates to the competent authority for frequency allocation, unless specified otherwise in the Act.
The radio frequency use plan as described in the preceding paragraph shall specify the following matters:
1. Blueprint for telecommunications equipment in an overview:
(1) Type and features of adopted technology;
(2) System framework, communications type and service content.
2. Blueprint for the network establishment plan;
3. Blueprint for the radio frequency use plan;
4. Matters to be abided by when using the radio frequency and liability guarantee;
5. Other matters designated by the competent authority.
Regulations governing telecommunications enterprises’ qualification and conditions for the allocation of radio frequency; relevant procedures; period of use; number of radio frequencies; restrictions; fulfillment guarantees; and other related matters shall be promulgated by the competent authority.

With respect to telecommunications enterprises’ application for the use of radio frequency, the competent authority shall not only allocate radio frequencies in accordance with Article 56 but also take the objectives of the telecommunications industry policy, status of telecommunications market, and the needs for other public interests into consideration. Such allocation may be proceeded by adopting an evaluation system, public auction, or other appropriate methods.
When releasing specific radio frequency as described in the preceding paragraph, the competent authority shall announce the use purpose of that specific frequency; users’ qualifications and restrictions; obligations borne thereby; or other use conditions and restrictions.
When the competent authority has adopted the evaluation system or other review methods to allocate the radio frequency as described in Paragraph 1, the following factors may be taken into consideration for determining whether to impose additional terms and conditions:
1. Use benefits of the radio frequency;
2. Coverage obligations and requirements for the service quality;
3. The sharing and use of the radio frequency;
4. Commitments made by the applicant.

To facilitate the use benefits of the radio frequency and to satisfy the needs for the overall communications and information development, the competent authority may, upon receipt of the Executive Yuan’s approval, announce that users of specific radio frequencies may apply to return the allocated radio frequency; and said frequencies will be allocated to other telecommunications enterprises by the competent authority through auction. In addition, the auctioned radio frequencies will not be bound by the original use thereof.
The competent authority shall, in the announcement as described in the preceding paragraph, specify that a certain percentage or amount of the auction price will be paid to the users who have applied to return the frequencies. The amount paid thereto will be deducted from the amount obtained by the auction.
With respect to the application of the original user to whom the frequencies were originally allocated as described in Paragraph 1, the competent authority shall take the use benefits of radio frequency into consideration in order to agree or reject the application. The competent authority may proceed to auction the frequencies directly or after planning it with other radio frequencies.
With respect to radio frequencies that are granted to be returned as described in the preceding paragraph, the original user shall, before the radio frequency is auctioned to another party, maintain its operation according to the operation plan of operation license during the period of original operation license.
Before proceeding to auction, the competent authority shall announce the qualifications, conditions and obligations applicable to telecommunications enterprises participating in the auction. Only those who pass the competent authority’s review will be able to join the auction.
The original users who meet said qualifications may also join the auction. However, when winning the bid, the original users will not receive the payment as described in Paragraph 2.

Article 94 of Budget Act is not applicable to those who apply to use a radio frequency with any of the following purposes and whose application has been granted by the competent authority after a review.
1. For emergency subsidy, experimental R&D, dedicated telecommunications network, public use or other public welfare related uses;
2. For the use of terrestrial radio business or terrestrial television business;
3. For the use of wireless local loop, satellite link or microwave link in different time or different locations;
4. For the use of testing a station established under telecommunications networks.
The allocation of and adjustment to military radio frequencies shall be made by the competent authority under a discussion with the Ministry of National Defense; Article 94 of the Budget Act is not applicable in the case.
Those who apply for the allocation of a radio frequency as described in Paragraph 1 shall submit an application with relevant documents. Upon receipt of the competent authority’s approval, the frequency use certificate will be issued and the user will be allowed to use it.

The competent authority may take the use characteristics of radio frequency, national security, experimental R&D, and market competition into consideration and, according to its authority or an application, allocate the same radio frequency to two or more users. Where a military radio frequency is involved, the rules as described in Paragraph 2 of the preceding Article shall be abided by.
To encourage technology development and applications of interoperability, the competent authority may announce that specific frequencies will be open for experimental R&D.
Rules governing the use management and restrictions of radio frequencies as described in the preceding two paragraphs shall be promulgated by the competent authority.
The competent authority may commission a professional institution as described in Paragraph 1 to manage the use of a frequency as described in Paragraph 2.
Rules governing the qualifications and conditions of the professional institution as described in the preceding paragraph; delegated authority; cancellation or termination of the delegation; and matters that are commissioned for supervision shall be promulgated by the competent authority.

Telecommunications enterprises who have received the competent authority’s approval for using radio frequencies in accordance with Article 54 or 59 may transfer a part of the radio frequencies allocated thereto to other telecommunications enterprises by submitting an application and agreement to the competent authority and after said application has been approved by the competent authority.
The telecommunications enterprises that are the parties of the agreement as described in the preceding paragraph shall, upon receipt of the competent authority’s approval, submit a self-assessment report to the competent authority to re-examine the PSTN established thereby. Where there is any change to the operating plan, an application shall also be made to the competent authority for its approval.
Where the telecommunications enterprise to which the radio frequency was originally allocated plans to share the radio frequency with other telecommunications enterprises, it shall submit the cooperation agreement, amended operating plan, and the network establishment plan to the competent authority for its approval.
When the competent authority grants the approval as described in the preceding paragraph, it shall take protection of fair market competition and consumers’ rights and interests into consideration.
Rules governing frequencies that may be used by or shared with other telecommunications enterprises as prescribed in Paragraphs 1 and 3; the use methods and targets thereof; restrictions and management; interference alleviating measures; and other related matters shall be promulgated by the competent authority.

A telecommunications enterprise whose use of radio frequency has been granted by the competent authority through auction or public tender may submit the following documents to the competent authority in order to have its radio frequencies, in whole or in part, being re-allocated to other telecommunications enterprises.
1. Application for the transfer of frequency use rights;
2. Agreement of assignment;
3. Transferee’s plan of use;
4. Both parties’ network establishment plan and operating plan that have been modified thereby;
5. Measures of handling the interference;
6. Other matters designated by the competent authority.
When deciding to accept or reject an application as described in the preceding article and preceding paragraph, the competent authority shall take the following matters into consideration and may add additional terms and conditions thereto:
1. User’s qualifications;
2. Guarantee of the radio frequency use efficiency;
3. Use purpose of the radio frequency and the performance of obligation;
4. Fair market competition;
5. Period of radio frequency that can be used;
6. Interference of radio frequency;
7. National security.
The PSTN established by the telecommunications enterprises that are the parties of the agreement as described in Paragraph 1 shall re-submit a self-assessment report to the competent authority for inspection. Only after passing the competent authority’s inspection, will the use thereof be initiated.
With respect to those who have received the competent authority’s approval for using the radio frequency according to Paragraph 1, if said parties desire to relocate their held radio frequencies, in whole or in part, to other telecommunications enterprises, provisions of the preceding three paragraphs are applicable in the case.

Telecommunications enterprises whose application for the use of radio frequency has been approved by the competent authority in accordance with Paragraph 1 of Article 54, Article 55, Article 57 and the preceding Article shall submit the approved network establishment plan and operating plan to the competent authority for the issuance of a frequency use certificate.

To implement the frequency supply plan as described in Paragraph 3 of Article 52, the competent authority shall take the needs of developing info-communications industry into consideration. With respect to users whom have been allocated with a radio frequency, the competent authority may, whenever necessary, relocate the frequency or abolish the allocation thereof; or notify said users to upgrade their equipment.
Where said radio frequency users suffer from a loss directly from the abolishment, relocation or equipment upgrade as described in the preceding paragraph, the competent authority shall make compensation thereto accordingly.
The amount of compensation as described in the preceding paragraph may be negotiated by the competent authority and original radio frequency users. If the negotiation fails, said amount shall be decided by the competent authority.

Where the radio frequency user intends to terminate the use of radio frequency, it shall report it to the competent authority 30 days prior to the scheduled termination date
With respect to radio frequencies allocated to users, the competent authority may abolish the allocated frequencies in whole or in part if the user encounters any of the following circumstances:
1. Without justifiable reasons, the user fails to use the radio frequency for more than 6 months upon the date of allocation or for 6 consecutive months;
2. The user fails to pay the radio frequency use fees within the prescribed deadline, and the payment remains unpaid upon receipt of the competent authority’s notification;
3. The user fails to fulfill its obligations for the use of the radio frequency as prescribed in the operating plan or network establishment plan, and no improvement has been or can be made upon receipt of the competent authority’s notification;
4. The competent authority has abolished the registration of its telecommunications enterprise or the operation license for its terrestrial radio business or terrestrial television business;
5. The user allows others to use the radio frequencies allocated without permission.

In case of having interference when using radio frequency allocated thereto, the user shall solely negotiate to make an improvement accordingly. If no negotiation can be made, the competent authority shall coordinate to resolve it. If the use of a military radio frequency has resulted in interference with other radio frequencies, the competent authority shall coordinate with the Ministry of National Defense to resolve the issue.
If no improvement has been made despite its attempt at coordination as described in the preceding paragraph, the competent authority may order related users to change the time and location of using the radio frequency; adjust the antenna transmission direction and power; or adopt other appropriate methods. Whenever it is necessary, the competent authority may, according to the application thereof, allocate other radio frequencies thereto for their use.
Where the source of interference comes from regions outside the Republic of China, the competent authority may handle it according to the Radio Regulations of International Telecommunication Union.
To maintain the order of using radio frequency, to investigate the use of radio frequency, and to maintain communication and broadcasting quality, establishing a radio frequency surveillance system is required.

To effectively use radio wave resources, the competent authority shall charge radio frequency users use fees. However, where said resources are used for national security or for the fulfillment of one’s public obligations, the use fee may be exempted if such circumstance is reported to the Executive Yuan and its approval for the exemption is granted.
With respect to the charge of use fees as described in the preceding paragraph, the allocation methods, purposes, use benefits and other public interest related factors shall be taken into the consideration; and the charge standards shall be promulgated by the competent authority.