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Chapter Law Content

Title: Regulations for Administration on Satellite Communication Services CH
Category: National Communications Commission(國家通訊傳播委員會)
Attachment:
Chapter II Concession operation
Article 8
Those who apply to run the satellite communications services (the operating procedure is as depicted in Appendage 1), are required to submit the application (with the format as depicted in Appendage 2), business plan, certificate of financial means and other relevant specified documents to apply for an inception with competent government authorities.
The foresaid business plan is to disclose the following information:
1. The operating categories.
2. The operating regions.
3. The telecommunications mode.
4. The telecommunications equipment summary:
(1) The system equipment development timetable.
(2) The system framework and working theory (including description of the satellite system characteristics).
(3) The satellite communications fixed earth station’s characteristics (including the wireless radio frequency planning) and anticipated installation location, quantity (to include the photocopied 1:1 topography map of Taiwan’s regional development version in 50,000 to 1 scale sold by the Ministry of the Interior, Department of Land Administration, making also the station location and operating angles, operating angle projection and antenna projection diagram).
(4) The working frequency intervals, bandwidth, maximum transmission power, adjustment method and aerial interface guideline; of variable transmission power, description is to be included for the range of fluctuations in transmission power and fluctuation criteria.
(5) The interface guideline for connecting with the other telecommunications networks, where the interface guideline is to adopt the technical guideline specified by competent government authorities, national standards, or existing telecommunications system interlinking criteria.
(6) System service quality.
5. Financial structure:
(1) Companies already founded are required to submit the most recent three years’ financial statements, including the balance sheet, loss and gain report, shareholders’ change of equity report, cash flow report an the footnotes.
(2) Founding companies are to submit the founders’ manifest, draft proposal of company articles of incorporation, share pledgers’ manifest and description data on paid-in capitalization.
(3) The spreadsheet on foreign nationals’ shareholdings or percentage of share pledging (as depicted in Appendage 3).
(4) Proof of documentation on the creditworthiness of shareholders or share pledgers holding five percent or more of the equity shares.
(5) Forecast of capital source for the next five years and a capital utilization plan.
(6) Forecast and compile the next five years’ balance sheets, loss and gain reports and cash flow reports.
6. Technological capability and development plan:
(1) The manager’s telecommunications professional knowledge and working experience.
(2) The project design and maintenance description (the system design, layout and maintenance plan).
(3) The five-year business promotions plan and anticipated objectives (including the market forecast, percentage of market share, estimated subscriber count, business promotion method and marketing survey report).
7. Billing criteria and calculation method.
8. Staffing mechanism:
(1) Companies already founded are required to submit the company articles of incorporation, photocopied proof of documentation on company registration, directors manifest, auditors manifest, managers manifest, shareholders manifest for holding one percent or more of the shareholding (to be sequentially ranked by the percentage of shareholding from large to small).
(2) Companies in the founding process are required to submit the founders manifest, draft proposal of company articles of incorporation, share pledgers manifest (to be sequentially ranked by the percentage of shareholding from large to small).
9. Anticipated business starting date.
10. Relevant measures for safeguarding the user’s equity.
11. A business plan abstract, of information that can be cited and disclosed by competent government authorities.
12. Miscellanies
Of those failing to submit the mandated documents in full or the content of entries should be incomplete, the competent government authorities are to notify the applicant to submit correction within a prescribed deadline, and when failing to submit the correction retroactively or when the submission remains incomplete, the application will be refused.
Those who apply for launching but exceeds the announced application acceptance deadline as stipulated under paragraph 2, Article 6, or the applicant has failed to submit the application or the business plan are barred from making retroactive correction and whose applications will be refused.
Article 9
Of those applying to run the satellite communications operation, the minimum paid-in capitalization is as follows:
1. The satellite fixed communications operation: at NT$ 100 million.
2. The satellite mobile communications operation: at NT$ 500 million.
The applicant is to collect the entire amount of the minimum paid-in capitalization within the period specified under Article 14.
The applicant, who applies to run the satellite communications service and the satellite mobile communications service, is required to separately calculate whose minimum paid-in capitalization following the inception approval; the same also applies to an applicant who also runs the other type-I telecommunications enterprise operation, where the operation comes with a restriction on the minimum paid-in capitalization.
Article 10
Those operate in the satellite communications service are limited to incorporated entity with share division of limited liability launched as per the Corporate Law, and whose chairman is to hold the nationality of the Republic of China; the total shares held by a foreign national shall comply with restrictions set by the rear section of paragraph 3, Article 2 of the Telecommunications Act.
Article 11
The review of the concession application cases shall be made based on that stated in the business plan as a general principle, where the review categories and criteria are to be announced by competent government authorities separately depending on the specific type of operation.
Article 12
Of application cases for operating the satellite communications service that fall under any one of the following circumstances, the competent government authorities are to notify the applicant to retroactively enlist correction within a prescribed deadline, and when failing to retroactive enlist correction or submitting incomplete correction, the application will be refused:
1. When failing to remit the review fee as regulated.
2. When violating stipulations set forth under Article 9.
3. When violating stipulations set forth under Article 10.
In the wake of any of the circumstances stipulated under the preceding paragraph 2, following the applicant has been approved for the launching permit, the applicant’s permit is to be revoked.
Article 12-1
In the instance where an applicant withdraws whose application case within a ten-day period following the case submission, the review fee is to be reimbursed without interest within a seven-day period effective from the following day the withdrawal application has been delivered.
When an applicant’s application presented has been refused of acceptance as per stipulations set forth under paragraph 4, Article 8, the review fee is to be reimbursed without interest within a seven-day period from the following day the refused application ruling is delivered.
In the instance where the application submitted by an application is free of the foresaid stipulated circumstances but is refused as per stipulations set forth under paragraph 3 or paragraph 12 of Article 8, the review fee remitted and the interest accrued will not be reimbursed.
Article 13
Following the concession application has been reviewed and approved, the applicant is to post the performance bond with component government authorities within a sixty-day period from the date the approval notice has been delivered, and following the posting of the performance bond, the competent government authorities are to issue a launching consent letter. When failing to post the performance bond as stipulated, the competent government authorities are to revoke the applicant’s approval.
The foresaid performance bond is set respectively to:
1. The satellite fixed communications operation: at NT$ 7.5 million.
2. The satellite mobile communications operation: at NT$ 25 million.
The foresaid performance bond shall be posted in the form of cash, local bank guarantee, and convertible certificates of time deposit with the claimant designated to the competent government authorities, or non-denominated government bonds.
Of those posting the performance bond with local bank guarantee, the guaranteed period shall span from the date the performance bond is posted to over a three year and two month period following the date the consent letter is issued by competent government authorities.
Of the foresaid performance guarantee period, the applicant is to file for an extension at the same time when filing for an extension to the validation period of the launching consent letter.
The applicant’s performance bond posted meeting stipulations set by Article 23 may be requested for reimbursement.
Article 14
The applicant, upon securing the launching consent letter for operating the satellite communications operation, is required to complete the company inception or modification registration within a six-month period; those who are unable to complete the registration within the prescribed period are to state the reason prior to the expiry to apply for an extension with competent government authorities. The extension may not exceed the maximum of six months, and is limited to once only, and when exceeding the deadline, the competent government authorities are to revoke the launching consent letter and withhold the performance bond and interest accrued.
Article 15
The validation period for the launching consent letter is set to three years. Of those who are unable to launch within the prescribed period and also legally obtain the concession license, the applicant is to state the reason to apply for an extension prior to the expiry of the filing period. The extension period may not exceed the maximum of one year, and is limited to once only. The launching consent letter will be invalidated when exceeding the deadline, and no reimbursed will be given on the performance bond and interest accrued.
Article 16
The installation site and the operating frequency the applicant chooses for whose satellite telecommunications networking equipment shall avoid interfering with other legally operated stations.
The installation of fixed earth stations may not violate stipulations set by the flight safety standards, and airport, flight sit, aviation facilitation equipment’s peripheral building ban and restriction measure.
Article 17
The applicant, when applying to develop a satellite communications network (the process flow is as depicted in Appendage 4), is required to submit the following documents to apply for the issuance of a satellite communications network installation approval certificate and frequency assignment with competent government authorities:
1. The satellite communications network installation approval certificate application (as depicted in Appendage 5).
2. Photocopy of the launching consent letter.
3. Photocopy of the company registration proof of documentation.
4. The project design and maintenance description documents: this should include detailed description for the satellite telecommunications networking framework diagram, satellite telecommunications networking operating method, signal transmitting method, development site and the like.
5. Description data on the requirements of the interface, anticipated interconnecting points and communications protocol for interlinking to the networks run by other telecommunications enterprise operators.
6. Proof of documents on the use of satellite authorized by a Satellite organization (not required when no filing is made for assigning the frequency).
7. The surveillance satellite communications network equipment work’s project supervisor’s education and credential list (as depicted in Appendage VIII).
Of the foresaid frequency assignment, the satellite fixed communications service applicant may present a request when applying to install the fixed earth stations.
Article 17-1
The applicant, when installing the fixed earth station, is required to submit the following documents to apply for a satellite fixed earth station installation approval certificate and frequency assignment with competent government authorities:
1. The satellite fixed earth station installation application (as depicted in Appendage 6).
2. The frequency interference analysis and coordination datasheet (as depicted in Appendage 7), and the interference analysis and evaluation data.
3. Proof of documentation on equipment specification and original manufacturer’s inspection and testing.
4. The fixed earth station mounted on the rooftop of a building where the antenna exceeds a diameter of 3 meters is required to submit an original building structural sound certificate as assessed by a practicing architecture or a professional industrial structural engineer who is certified as required by law.
5. Proof of documentation for authorized use of satellite by the Satellite organizations.
Of the foresaid application for launching the fixed earth station, the applicant may present the filing when applying for the satellite communications network launching approval certificate.
The validation period for the fixed earth station launching approval certificate is set to one year. When unable to complete the launching within the prescribed deadline, the applicant is to state the reason within a month effective two months from the expiry to apply for a lunching extension with competent government authorities. The application for the launching extension may not exceed a six-month period, and is limited to once only.
Article 18
The validation period of the satellite communications network launching approval certificate is set for two years. The applicant, upon securing the satellite communications network installation approval certificate, is required to develop the satellite communications network at the approved site, and those who are unable to complete the development in a two-year period are required to state the reason prior to expiry to apply for an extension. The extension period may not exceed the maximum of one year, and is limited to once only, and when exceeding the deadline, the company government authorities are to revoke the launching consent letter and withhold the performance bond and interest accrued.
Those applying for an extension on the grounds of force majeure may apply for an extension according to the period of delay due to the incident, and are unrestricted by the foresaid extension deadline.
When the extension period of the satellite communications network installation approval certificate as described in par 1 should exceed the validation of the installation consent letter, an extension is also to be filed to extend the validation of the launching consent letter.
The validation period of the satellite communications network installation approval certificate as cited in paragraph 1 may not exceed the validation period of the launching approval letter; one that involves modifying the initial business plan is to be implemented in accordance with stipulations set forth under paragraph 2, Article 26.
Article 19
The applicant, upon completing installing the fixed earth station, is requited to submit the following documents to apply for a review inspection with competent government authorities, and following a satisfactory review inspection, the applicant is to be issued with a fixed earth station license before the applicant may begin to operate the equipment.
1. Proof of documentation of recognition by a Satellite organization.
2. Photocopy of the miscellaneous occupancy license when the structure has qualified to apply for a miscellaneous occupancy license as per the building laws and regulations.
3. The measurement and testing report attesting that it complies with the electromagnetic frequency intensity guideline figures defined by competent government authorities.
The foresaid review inspection categories and satisfactory criteria are to be defined by competent government authorities.
Article 20
The validation period for the fixed earth station license is set to five years; within a one-month period effective two months from the expiry date, the operator is to apply for a license reissue with competent government authorities, and the validation period of the new license is to begin on the following day when the old license’s validation period comes to expire.
When applying for a reissue of the fixed earth station license, the competent government authorities may audit the state of operation of relevant fixed earth station facility; those failing the audit are notified for improvement to be adopted within a prescribed deadline, and those who fail to adopt improvement exceeding the deadline or continue to fail the audit will be refused of renewing the license.
The foresaid audit items and the qualification criteria are to be defined by competent government authorities.
Article 21
The operator of a mobile earth station of small-scale earth station is required to file for a configuration certification and register with the operator before it may operate the station, except under any one of the following circumstances.
1. The mobile earth station brought in by a foreign national on diplomatic visa, courtesy visa or short-term stay-over visa that is operated during the valid visa period. The same also applies to local citizens who enter the country using a temporary arrival/departure notification.
2. Those who have been approved by a project approval to operate the station by competent government authorities.
Article 22
The applicant, upon completing the satellite communications network development, is required to file for a review inspection by competent government authorities, and will be given proof of documentation of a satisfactory review inspection upon undergoing a satisfactory review inspection.
The foresaid review inspection items and qualification criteria are to be defined by competent government authorities.
Article 23
The applicant, upon surpassing a satisfactory review inspection on whose satellite communications network path, is required to submit the following information to apply for the issuance of a concession license with competent government authorities, and is to be issued with a concession license following the competent government authorities’ approval and finalization, and the performance bond is to be reimbursed.
1. The concession license application (as depicted in Appendage 10).
2. The launching approval letter.
3. Photocopy of the company registration proof of documentation.
4. Proof of documentation attesting that the satellite communications network has undergone a satisfactory review inspection by competent government authorities.
5. Proof of documentation attesting that the billing rates have been approved or voluntarily declared with competent government authorities.
6. Proof of documentation attesting that the competent government authorities have approved the company’s business regulations.
7. Proof of documentation attesting that the competent government authorities have approved the specimen of service contract the operator and the user have entered into.
Article 24
The concession license is to disclose the following information:
1. The operator name, representative and company location.
2. The operating categories.
3. The paid-in capitalization.
4. The operating regions.
5. The developing equipment.
6. The validation period.
7. The license issuing date.
Article 25
The validation period of the concession license is set to ten years.
When the validation period of the foresaid concession license comes to expire, those intended to continue the operation are required to apply for an approval with competent government authorities within a three-month period effective nine months form the expiry for a reissue of the concession license, and the validation period of the license will remain ten years; the review items and approval stipulations are to be announced by competent government authorities.
Article 26
The operator is required to complete the implementation as per the content of the business plan declared in accordance with Article 8, and of any changes, the operator is required to state the reason and declare for an approval by competent government authorities; the mandated change items to be declared for approval are to be promulgated by competent government authorities.
The foresaid stipulation also applies before the applicant obtains the concession license.
Article 27
The launching consent letter, the satellite communications network installation approval certificate, the satellite fixed earth station installation approval certificate, the earth station license, the concession license, or the assigned wireless radio frequencies, unless otherwise stipulated by law, may not be leased out, loaned out or transferred.