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

Print Time:2024/11/22 14:47
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Chapter Law Content

Chapter 3 Application and Examination of Radio Station
Article 24
For those who apply to establish a technical or commercial experiments and research and development telecommunications network shall gain approval for a radio station establishment permit from the competent authority prior to establishment of a radio station; the network shall begin operations upon passing examination and being issued with a radio station license.
In the preceding paragraph, the established radio station equipment that falls under a low power radio waves radiated device with obtained type approval certification, declaration of conformity(DOC)and simplified DOC shall state so in the establishment proposal to be exempt from applying for the radio station establishment permit and a radio station license.
Where the radio station mentioned in Paragraph 1 is established using a specific experimental frequency of technical or commercial experiments and research and development telecommunications network, the applicant shall provide the self-evaluation records of the radio station examination to the competent authority for issuance of station license. The competent authority may perform an examination when deemed necessary.
Article 25
The following documents shall be submitted to the competent authority for the application of radio station establishment:
1. Application Form for the Establishment of a Radio Station.
2. List of radio station establishment filled out based on station numbers;
3. Photocopy of the certificate of approval for network establishment or the license for the establishment and operation of network.
4. The radio station equipment catalogs.
The approval of the radio station establishment in the preceding paragraph shall be valid no more than six(6)months.
Where the applicant or administrator fails to establish the radio station before the approval expires, an application for extension with appropriate justification may be submitted to the competent authority in one(1)month before the expiration; the extension is valid for three(3)months and only one(1)extension shall be granted. However, no extension shall be granted for the approval of radio station establishment for commercial experiments and research and development telecommunications network.
The applicant or the administrator establishing the radio station shall obtain legal rights and proof of legal source certification-related documentation for using the radio station equipment, and shall prepare for examination by the competent authority when conducting the radio station examination.
The applicant or the administrator that ceases the establishment within the valid period of the radio station establishment permit, shall report to the competent authority for future reference, and also have the competent authority revoke the radio station establishment permit.
Should the establishment of the radio station not yet be completed after expiration of the radio station establishment permit or when the competent authority has revoked the radio station establishment permit, the applicant or the administrator shall cease operating the established radio station, and the Administrative Regulations Governing the Manufacture, Import, and Application of Controlled Telecommunications Radio-Frequency Devices shall apply to the storage, supervised destruction or transfer of the radio equipment or regular reporting of its whereabouts, usage of status, except those on lease, on loan or otherwise stipulated by law.
Article 26
In addition to a short-term test that applies to the competent authority pursuant to the regulations or technical inspection that the competent authority conducts on the spot, a radio stations shall not transmit radio wave during the period of station establishment. The period of short-term test shall not exceed five(5)days at most.
Article 27
The applicant or administrator that completes the establishment of a radio station shall file for approval to the competent authority, which shall issue a radio station license after the station passes the required examination.
When the applicant or administrators comply with the competent authority to change the transmission frequency of the radio station in accordance with the provisions of Paragraph 6 of Article 12, it shall re-apply for the establishment permit. After reporting to the competent authority for the radio station to pass the review and inspection, the competent authority shall change the license of the radio station and exempt the relevant review and examination fees and license fees.
The radio station license is valid for six(6)months but not beyond the validity of network examination approval certificate.
Those who still intend to operate the radio station after expiration of the radio station license shall attach and state the reasons and apply to the competent authority for renewal of the expiring one(1)month prior to its expiration. The competent authority may conduct an examination prior to renewing the license.
The renewed license in the preceding paragraph is valid from the next day of expiration of the former license; the validity shall be defined by Paragraph 3.
Article 28
Applicants or administrators who have acquired a permit to establish a radio station or a radio station license shall put up a photocopy of documents immediately to the location with a conspicuous view for verification.
Article 29
Should the applicant or the administrator change the radio station’s establishment site, where the radio waves’ coverage has not exceeded the approved experimentation area following the change, the application form for the establishment of a radio station shall be submitted according to one of the following circumstances:
1. To report it to the competent authority for future reference, within the valid radio station establishment permit period.
2. To apply to competent authority for annotation changes of the radio station license, within the radio station license’s valid period.
The applicant or the administrator, prior to changing the model number of equipment, frequency of the transmission, increase of power or bandwidth of the radio station shall do so according to Article 25 through Article 27.
The applicant or the administrator, prior to changing the frequency of the transmission of the radio station, power or bandwidth exceeding the approved figure indicated on the certificate of approval for network establishment, or the change of established radio station sites to result in the coverage of radio waves exceeding the approved experimentation area, shall first file for a change of the network establishment proposal according to provisions set forth under Paragraph 1, Article 33.
When changes to the radio stations fall under the scope of data correction, or when the changes in the establishment site fall under the same street number but in a different building, the applicant shall report to the competent authority for future reference.
The applicant or the administrator, when relocating the radio station to a nearby establishment site for a short term in support of testing needs where the radio waves’ coverage does not exceed the approved experimentation area, shall report to the competent authority for future reference, provided that the period may not exceed fifteen(15)days.
Where more than one(1)radio station is involved in the application for station location change in Paragraph 1, change of information in Paragraph 4 or short-term relocation of station in Paragraph 5, the applicant or administrator shall provide the radio station change list in the order of their numbering.
Article 30
The radio station establishment permit granted to an applicant or administrator shall be revoked by the competent authority in any one of the following circumstances:
1. The certificate of approval for network establishment or network examination approval certificate has been revoked or abolished.
2. Violation of Paragraph 1, Article 34, barring the radio station license from transferring, leasing or loaning.
The applicant or the administrator that ceases to operate radio station as the station license expires shall report to the competent authority for future reference, and also have the competent authority revoke the radio station establishment permit.
Should the radio station license expires without being renewed as required, or when the competent authority has revoked the radio station license, the applicant or the administrator shall cease operating the established radio station, and the Administrative Regulations Governing the Manufacture, Import, and Application of Controlled Telecommunications Radio-Frequency Devices shall apply to the storage, supervised destruction or transfer of the radio equipment or regular reporting of its whereabouts, usage of status, except those on lease, on loan or otherwise stipulated by law.
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