Chapter IV Regulation for Telecommunications
Article 46
A station may not be established without prior approval from the MOTC, and shall be put into operation only after passing the inspection and a license issued, unless waived by the announcement of the MOTC.
The aforementioned station, means a unit comprised of telecommunications facilities and operating personnel, which uses wire or wireless methods to receive or transmit radio frequency signals.
Regulations governing establishment permit procedure, set-up and inspection of stations, issuance, renewal and replacement of certification, termination of permit, administration of the use and establishment, qualifications of engineers, assessment system and other related matters shall be made by the MOTC.
The establishment and use of such stations shall comply with the technical specifications of the equipment enacted and announced by the DGT.
R.O.C. nationals may not establish or use radio broadcast stations or television broadcast stations on ships, aircraft, or other objects floating on water or in the air, which are outside R.O.C. territory, to transmit radio frequency signals to interfere with legal use of radio waves.
Article 47
Dedicated telecommunications shall not be set up and operated without approval and license from the MOTC.
Dedicated telecommunications shall not be connected to public communication systems or used for purposes other than those contemplated in its establishment, unless approved by the MOTC for such connections.
The applicable regulations with respect to establishment, use of dedicated telecommunications and its connection to public communication systems shall be enacted by the MOTC.
Foreigner applying to establish dedicated telecommunications shall obtain special approval on a case-by-case basis from the MOTC.
A special approval on a case-by-case basis by the MOTC is required before the establishment and utilization of telecommunications network for the purpose of academics, education, or dedicated experiment of research and development of networks. Such applicable regulations governing the establishment and utilization of the aforementioned networks shall be enacted by the DGT.
Article 48
The MOTC shall regulate radio frequency, power, mode of transmission, radio station identification signals and call signs, and other radio wave related matters. Permission from the MOTC must be obtained for operation or alteration of radio wave related matters. The MOTC shall enact regulations governing the planning and allocation of radio frequency, application procedures, principles of assignment, termination of approval, use administration of radio frequency, handling of interference the standard definition of interference and regulations related to the supervision of radio waves.
In order to effectively utilize the resources of radio waves, MOTC shall mandate the term of utilization of frequency, and establish a fee schedule to collect usage fees from radio frequency users.
For overall development of telecommunications and information, the MOTC shall conduct periodic reviews to ensure the harmony and effectiveness of the common usage of frequencies. If necessary, the MOTC may adjust frequencies in use or request facilities upgrade by enterprises or users. Such adjustments or requests shall not be refused, nor shall compensation be demanded. However, appropriate compensation shall be paid to an amateur radio user for an actual loss incurred as a result of an adjustment in frequency or upgrade in facilities, which are made in accordance with instructions from the MOTC. The MOTC shall consult with the Ministry of National Defense to adjust military communications.
Regulations governing radiation emitted from industrial, scientific, medical or other electrical machinery or equipment shall be enacted by the MOTC, in consultation with competent authorities in charge of the relevant industries.
The stipulation of auction or open tendering of Article 94 of the Budget Law is not applicable to the following allocations of frequencies:
1. the radio frequencies for the military, police, navigational, ships, amateur radio, government telecommunications, industrial, scientific, medical, low power radio frequency devices, academic experiment, emergency save and rescue, and other benevolent or public uses;
2. the radio frequencies for mobile telecommunications networks, satellite telecommunications networks, radio broadcast stations or TV stations whose operation are based on the utilization of specific radio frequencies, which shall be designated at the time of issuance of operation permit or franchise license, or networks thereof could not function; and any radio frequency increased for further improvement of quality of local telecommunications; or
3. the radio frequencies, which could be used repeatedly under certain conditions of use, for wireless local loop of fixed networks, satellite links or wireless microwaves links.
Article 49
To ensure national security and maintain the orderly sequence of radio waves, permission to manufacture, import, install or possess controlled telecommunications radio frequency devices shall be obtained from the MOTC; the model numbers and quantities of such devices manufactured or imported shall be reported to the MOTC for further reference.
Regulations governing the operation permit of manufacture or import of controlled telecommunications radio frequency devices, the issuance, renewal, replacement and termination of operation license, administration of manufacture, import, installation and possession of the said devices, and other related matters shall be enacted by the MOTC.
No controlled telecommunications radio frequency device shall be manufactured, imported, sold or publicly displayed unless it has received type approval and recognition of inspections. However, the manufacture of such devices in connection with academic studies, technological research and developments or experiments, as well as uses exclusively for exportation, re-importation after exportation and other uses permitted by the MOTC of such devices are exempted.
The items of controlled telecommunications radio frequency devices mentioned in the first paragraph shall be announced by the MOTC.
Article 50
Technical specifications for controlled telecommunications radio frequency devices shall be mandated and announced by the DGT. In the event that national standards are already in place, said standards shall prevail.
Regulations governing the compliance approval mode and procedure of the devices mentioned in the preceding paragraph, the issuance, renewal, replacement and termination of inspection or compliance approval or certificate of approval, the affixing, embossment and use of the inspection Approval Label, as well as regulations related to the supervision and administration of inspection shall be enacted by the DGT.
The DGT or the certification bodies engaged by the DGT shall conduct the compliance approval on of the controlled telecommunications radio frequency devices. Rules governing the qualifications of the said certification bodies, the delegated power, cancellation or termination of the engagement, and supervision related to the engagement shall be enacted by the DGT.
The inspection and technical specifications as prescribed in Article 42 shall apply to controlled telecommunications radio frequency devices that are used in telecommunications terminal equipment.
Article 51
Any amateur radio operator shall obtain a license from the MOTC prior to initiating operations. The MOTC shall enact regulations with respect to the class of amateur radio operators, qualifying examination, issuance, renewal, replacement, termination and administration of licenses, and other related matters.
Article 52
If necessary, the DGT may order a telecommunications enterprise or dedicated telecommunications user to submit reports relating to the following:
1. business.
2. finance.
3. telecommunications facilities.
Article 53
Distress calls or communications from ships and aircrafts shall receive priority handling, prompt response and immediate action regardless of from where such signals and communications are sent.
Article 54
Except for distress communications, radio station of ships or aircrafts entering the territorial waters or airs of the R.O.C. shall not communicate with radio stations not designated by the MOTC.
Article 55
The DGT may dispatch personnel or cooperate with the police, with search warrants and evidentiary documents, to enter the establishments that harbor violations of this Act to conduct inspections or extract relevant information. The owner, responsible person, resident, custodian, user or the capable representative of the establishments shall not evade, obstruct or refuse such endeavors. For violations of Article 56 to Article 60, any search and detainment shall conform to relevant regulations of the Criminal Procedural Act.
For the purpose of monitoring telecommunications activities, and to supervise or to regulate telecommunications enterprises, the DGT may request telecommunication enterprises, users of dedicated telecommunications or installers and users of radio stations to provide relevant materials, or to express their opinions by such parties hereof.