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

Print Time:2024/11/22 11:16
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Chapter Law Content

Chapter III Establishment and Inspection of Mobile Broadband Telecommunications Networks
Section 1 Base station establishment rules
Article 16
The applicant shall complete the base station registration and establishment within 6 months after receiving the letter of approval for the network establishment plan and the frequency use certificate.
In the event that the applicant fails to complete the establishment within the period stipulated in the preceding paragraph, they may give an account of the reasons and apply to the competent authority for extension within 2 weeks from the day that is 2 month before the expiration. The extension period shall be a maximum of 6 months and is limited to one time only, and the extension period shall not exceed the valid period of the frequency use certificate.
Any change of the base station shall be registered.
In case of the circumstance referred to in Article 10, Paragraph 2 occurring while processing base station registration, the applicant shall submit the documents below in accordance with the establishment location:
1. When the radio wave coverage of the base station is adjacent to or overlaps with the scope of an established network domain: the document showing the consent of the existing installer to the establishment.
2. When the radio wave coverage of the base station is adjacent to or overlaps with the scope of an established microwave radio station interference protection coordination area: the document showing the consent of the established microwave radio station owner to the establishment.
Article 17
The establishment of base station antennas shall not violate the Regulations Governing Management of Height Restrictions on Buildings and Other Obstacles Surrounding the Navigation Aid Equipment of Airport’s Flight Field.
If the height of the outdoor structure of the aforementioned antenna exceeds 60 meters above ground, the antenna shall be painted with aviation color marks and equipped with marker beacons, and shall maintain a safety clearance from high voltage lines for public safety.
Article 18
If the antenna of the base station is covered by outdoor radio waves, its height and orientation shall ensure that no lawful buildings higher than the antenna are within the following distances from the front direction of the antenna:
1. Base station with radio frequency equipment maximum output power greater than 10 watts: 15 meters
2. Base station with radio frequency equipment maximum output power greater than 1.26 watts but less than 10 watts: 8 meters
To establish a mobile broadband dedicated telecommunications network, the radio wave power intensity of the establishment area boundary shall be less than -125 decibel-milliwatts(dBm).
Article 19
The radio frequency equipment of the base station shall be established and used only after receiving the inspection certificate issued by the National Communications Commission.
Article 20
Establishment of the base station shall comply with the statutory laws and regulations of the Building Act, Civil Aviation Act, Urban Planning Act, Regional Planning Act, and Fire Services Act.
Article 21
The transmission power of the base station shall meet the following requirements:
1. The carrier output power shall comply with the Technical Specifications for Base Station Radio Frequency Equipment of Mobile Communications.
2. The maximum electromagnetic wave power density of respective frequency bands shall comply with the exposure reference level of restricted time-varying electric fields, magnetic fields and electromagnetic fields of respective frequency bands exposed to the public in non-occupational sites, as referred to in the “Exposure Guidelines for Restricted Time-varying Electric Fields, Magnetic Fields, and Electromagnetic Fields”.
Article 22
In case of any of the following circumstances occurring during the establishment and use of the base station, the competent authority may notify the installer and request correction within a prescribed deadline. The use of the base station shall be suspended prior to the completion of the correction:
1. The municipal, county(city)government, or other government agency has determined by law that the base station shall not be established.
2. Interference occurring after the establishment of the base station.
3. Violation of Articles 17 to 21.
The aforementioned base station radio frequency equipment and affiliated facilities shall be handled in accordance with the Administrative Regulations on Manufacturing, Import and Report of the Controlled Telecommunications Radio-Frequency Devices.
Section 2 Inspection of mobile broadband dedicated telecommunications networks
Article 23
After completing the establishment of the base station and network, the applicant shall conduct the test in accordance with the following requirements before applying for inspection:
1. To register the start and end dates for the test implementation at least 5 days prior to conducting the test.
2. Each test shall last no longer than 5 days
The applicant shall attach the letter of approval for the network establishment plan, frequency use certificate, and the following documents to apply to the competent authority for inspection:
1. Base station items:
(1) The inspection application form.
(2) Self-assessment of the inspection items designated by the competent authority and the inspection record list.
(3) The base station equipment inspection detailed list.
2. Network items:
(1) The inspection application form.
(2) Self-assessment of the inspection items designated by the competent authority and the inspection record list.
Article 24
In the event that the administrator of a dedicated telecommunications network for experiments, research, and development adapts the telecommunications equipment in the same installation place for use as a mobile broadband dedicated telecommunications network and there is no change in the network establishment plan, an application attaching the documents below for exemption from the inspection may be applied. The competent authority shall issue a mobile broadband dedicated telecommunications network license if the application is approved:
1. Documents regarding approval of the establishment of the dedicated telecommunications network for experiments, research, and development.
2. Frequency use certificate and network inspection approval certificate.
3. Other documents designated by the competent authority.
An applicant may apply for exemption from inspection if they meet the following requirements. If the application is approved, the competent authority shall not issue the mobile broadband dedicated telecommunications network license; instead, the applicant is eligible to use the network during the valid period of the frequency use certificate:
1. The establishment period is no more than 30 days.
2. The total establishment period applied by the same applicant in the same year for the same domain is no more than 60 days.
Article 25
In principle, the competent authority shall conduct document inspection, but, if necessary, onsite inspection will be implemented.
When applying for inspection to the competent authority, the applicant shall provide the test equipment and necessary assistance required for the inspection.
For the onsite inspection, the competent authority shall notify the applicant of the scheduled inspection date, and the applicant shall cooperate with the competent authority to conduct the inspection in accordance with the inspection date.
Those that fail to pass the onsite inspection may request reinspection. The reinspection date shall be set in cooperation with the competent authority and the reinspection is limited to one time only.
In case of failure to pass the inspection, the competent authority shall reject the application.
Article 26
The competent authority will issue a mobile broadband dedicated telecommunications network license to those that pass the inspection.
The valid period of the mobile broadband dedicated telecommunications network license shall not exceed the effective date of the frequency use certificate.
In case of loss or damage of the mobile broadband dedicated telecommunication network license, the applicant shall give an account of the reasons and apply to the competent authority for reissuance. If there is any change in the items stated in the license, the applicant shall apply to the competent authority for renewal.
In case of reissuance or revision of the mobile broadband dedicated telecommunications network license in accordance with the preceding requirements, the valid period of the reissued or renewed license shall be same as that of the original license.
After the expiration of the mobile broadband dedicated telecommunications network license, if the installer still needs to continue to use the mobile broadband dedicated telecommunications network, they shall attach the renewal application form and apply to the competent authority to renew the mobile broadband dedicated telecommunications network license within 2 months from the day that is 3 months before the expiration of the license.
Unless otherwise provided by laws and regulations, the mobile broadband dedicated telecommunications network license shall not be leased, lent, transferred, or pledged to others.
Section 3 Terminal equipment management
Article 27
The inspection certificate issued by the National Communications Committee is required for terminal equipment. The installer shall follow the method and format specified by the competent authority to submit or transmit the data covering the specifications and brand of the terminal equipment for registration. The same shall apply in case of any change.
When the installer terminates the use of the terminal equipment, they shall cancel the registration.
Article 28
The access of the terminal equipment to the mobile broadband dedicated telecommunications network shall be authorized and managed by the installer.
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