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

Print Time:2024/11/22 09:24
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Chapter Law Content

Chapter II Application for Establishment Review
Section 1 Documents required for the establishment application
Article 11
Applicants shall prepare the following documents and file their application with the competent authority:
1. The establishment application form.
2. The network establishment plan.
3. Documents proving the access right to the establishment domain(including but not limited to the notarized contracts and land and building registration transcripts as supporting evidence). However, the applicant that is a government agency, public school, state-owned business, or non-departmental public body is not required to submit such documents.
4. The frequency spectrum harmonious sharing agreement or other consent documents referred to in the preceding Article.
5. Except for government agencies, public schools, state-owned businesses, and non-departmental public bodies, those that apply for the establishment of a public service network shall attach a letter issued by the industry competent authority or the agency providing public services to confirm that the establishment meets the purpose and application of public services.
6. Other documents designated by the competent authority.
Article 12
The following items shall be specified in the network establishment plan referred to in the preceding Article, Paragraph 1, Subparagraph 2:
1. Establishment purpose, establishment application, and application scenario.
2. Scope of the establishment domain(including the description of the indoor or outdoor scope and surface area).
3. Radio frequency use plan:
(1) The radio frequency, bandwidth, transmission power, and radio wave coverage area to be used in respective areas of the installation domain. The topographic map or electronic map with latitude and longitude information of the radio wave coverage area shall be available.
(2) Deployment of Time-Division Duplexing Uplink-Downlink(TDD UL-DL)and subcarrier spacing.
4. Necessary anti-interference plans.
5. Network architecture.
6. Network cyber security detection and protection planning.
7. Those that connect to cloud services shall attach the description of the application scenario plan and the cyber security maintenance plan. The content of the cyber security maintenance plan shall at least include cyber security objectives and maintenance scope, risk assessment, protection and control measures, and the event reporting mechanism.
8. Brands, models, functions, capacity, manufacturer’s company name and nationality of the major telecommunications equipment(including the core network, base station, and other control components).
9. Confirmation that the use of the telecommunications equipment meets the national security concerns of relevant agencies.
10. Base station establishment plan(including the base station type, frequency, bandwidth, transmission power, establishment area distribution diagram).
11. Network identifier establishment plan.
12. Network maintenance management and physical security plan.
13. Other matters specified by the competent authority.
Those that merge the core network of others or access other networks in their network architecture as referred to in the preceding Paragraph, Subparagraph 5 shall comply with the requirements of Article 7, and submit the agreement documents concerning the merged core network of others or access to other networks. Those that apply for the establishment of a public service network shall additionally submit a letter of consent issued by the industry competent authority or the agency providing public services.
If those that process the procurement of the major telecommunications equipment referred to in Paragraph 1, Subparagraph 8 in accordance with the Government Procurement Act or other regulations do not specify relevant information in their application, instead of providing such information, they may issue an affidavit. However, after completing the procurement, they shall report to the competent authority for future reference.
The network identifier establishment plan referred to in Paragraph 1, Subparagraph 11 shall include the management of the Public Land Mobile Network Identifier(PLMN ID)and the Network Identifier(NID).
The aforementioned PLMN ID is composed of the Mobile Country Code(MCC)and Mobile Network Code(MNC), in which the MCC code shall be set to be 999, whereas the MNC code shall be determined by the applicant.
Section 2 Review of establishment applications
Article 13
The standards for review of mobile broadband dedicated telecommunication network establishment applications are as follows:
1. The planning in respect to the established purpose, establishment area, and domain scope shall be rational.
2. The distributed frequency shall not have obstructive interference.
3. The network architecture and its establishment shall be consistent with the established purpose.
4. The telecommunications equipment shall meet the national security considerations of relevant agencies.
5. The network maintenance management and physical security plans are complete.
6. The network cyber security detection and protection plan shall be rational.
7. The application scenario for connecting to cloud services shall meet the established purpose and application, and the mobile broadband dedicated telecommunications network shall not form a part of the public telecommunication network after the connection.
8. The combined core network or access network shall meet the requirements of Article 7.
9. The base station plan shall meet the requirements of relevant laws and regulations.
10. Other matters required by the Regulations or specified by the competent authority.
Article 14
In case of any of the following circumstances occurring to the network establishment plan, the competent authority shall conduct a special review:
1. Those that submit scenario planning for connecting to cloud services in accordance with Article 12, Paragraph 1, Subparagraph 7.
2. Other cases considered necessary by the competent authority.
The competent authority shall invite relevant agencies, experts, and academics to join the special review.
Article 15
If the network establishment plan passes the review, the competent authority will issue the letter of approval and the frequency use certificate for the network establishment plan.
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