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

Print Time:2024/11/22 08:05
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Chapter Law Content

Chapter 3. Use and Management of Frequencies for Telecommunications Enterprises
Section 2. Provision or Sharing of Radio Frequencies
Article 17
The telecommunications enterprise that applies for the provision or sharing of radio frequency shall be limited to the following frequency bands:
1. 2100 MHz band: uplink 1920MHz~1980MHz; downlink:
2. 2110MHz~2170MHz – for use in mobile voice services in circuit-switched mode only.
3. 3500 MHz band: 3300 MHz to 3570 MHz;
4. 28000 MHz band: 27000 MHz to 29500 MHz;
5. Other bands announced by the competent authority.
Article 18
Telecommunications enterprises that apply for the provision or sharing of radio frequencies shall require the provider(s)and recipient(s)to submit the following documents to the competent authority to apply for an approval:
1. Application form for the provision or sharing of radio frequencies;
2. Agreement for the provision or sharing of radio frequencies
3. Provider and recipient’ frequency use plan;
4. Descriptions of the amendments made to provider and recipient’s network establishment plan and operating plans; a comparison table of before and after revision; and relevant supporting evidence;
5. For providers that are liable for the obligations incurred by the assignment of radio frequencies, descriptions of the obligation fulfillment level thereof and supporting evidence.
6. Descriptions of and supporting evidence for matters specified in Articles 19 and 20 of the Regulations;
7. Frequency interference assessment and descriptions;
8. Where there is any amendments to provider and recipient’s cyber security maintenance plan, descriptions of the said amendments; comparison table of before and after revision; and relevant supporting evidence;
9. Other matters designated by the competent authority.
The agreement described in the precedent Paragraph shall describe the following matters:
1. The band, bandwidth, region and period of the provision or sharing of radio frequencies;
2. Protective measures for consumers’ rights and interests upon expiry of the agreement;
3. Procedures for managing frequency interference.
Where the documents that are required to be provided as prescribed in Paragraph 1 is deemed to be incomplete or the content thereof is incomplete or mistaken, the competent authority shall notify the Applicant to undertake corrective action within a prescribed period. If the Applicant fails to do so or the provided information remains incomplete, the application shall be rejected.
Article 19
When determining whether to grant an approval as described in Paragraph 1 or 3 of Article 58 of the Act, the competent authority shall take the following factors into consideration and supplementary factors may be added thereto:
1. Assurance of the use efficiency of radio frequencies;
2. The use of radio frequencies and obligations arising therefrom;
3. Impact to fair market competition;
4. Impact to consumers’ rights and interests;
5. Records of business violations found in provider and recipient’s operations;
6. Radio frequency interference;
7. The purpose of application facilitates the development of emerging technology or service;
8. National security.
Article 20
The competent authority shall examine the following matters when considering the fair market competition as described in the precedent Article:
1. Changes to the market share and concentration ratio;
2. The possibility of engaging in price or service competition;
3. The possibility of facilitating network installation and technology upgrade;
4. The possibility of creating obstacle to market entry;
5. Other factors that can affect market competition.
The competent authority shall examine the following matters when considering
the impacts to consumers’ rights and interests:
1. The possibility of enhancing the overall service quality;
2. The possibility of facilitating service interoperability;
3. The possibility of increasing the diversity of services;
4. Other factors that can affect consumers rights and interest.
Article 21
(Deleted)
Article 22
Providers and recipients that plan to terminate the provision or sharing of radio frequencies in advance, shall submit joint applications for approval to the competent authority within one month from six months prior to the scheduled termination date.
Article 22-1
Providers and recipients that plan to terminate the provision or sharing of radio frequencies in advance, or upon the expiration of the approved period for the provision or sharing of radio frequencies, shall jointly apply to the National Communications Commission for the amendments to the network establishment plan and operating plan within one month from six months prior to the scheduled termination date(or the expiration date of the approved period).
Article 23
Telecommunications enterprises that apply for frequency re-alocation shall abide by provisions of Article 59 of the Act.
Upon approval of the application as described in the preceding paragraph and receipt of a letter of approval for the amendments to the network establishment plan and operating plan, the telecommunications enterprise shall submit a copy of the letter of approval to the competent authority to apply for the issuance of or amendments to the frequency use certificate.
With respect to the frequency use certificate issued to or amended by the telecommunications enterprise according to the preceding paragraph, the validity thereof shall be identical with the original approved period.
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