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

Print Time:2024/11/23 23:44
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Chapter Law Content

Title: Regulations for Administration of Mobile Communications Businesses CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter 3: Technical Supervision
Article 35
Operators that establish, newly install, add or expand mobile communication system, equipment related to communication shall act in accordance with communication security, the Control Act and the related regulations to perform details.
Article 36
Radio frequency used by this business shall depend on the authority frequency resources and business type to allot. If one of the following is occurred, the authority shall depend on business type and utility efficiency of frequency to confine or adjust frequency channel number and bandwidth of radio used by Operators:
1. Those that must adjust with interference caused by frequency using legally already.
2. Frequency unused over one year.
3. Others that must adjust pursuant to the regulations of Paragraph 3, Article 48 of the Telecommunications Act.
Article 37
(deleted)
Article 38
Operators shall not use radio frequency and transmission electric power without approval; those with approval shall only limit to satisfy actual applications and operation region, the authority shall depend on a demand to supervise.
Article 39
(deleted)
Article 40
Equipment established by Operators that connects with other public communication network equipment shall conform to the following regulations:
1. Operators shall sufficiently protect the privacy of users.
2. Operators shall maintain appropriate quality of communications.
3. Operators shall not damage the facilities of users or other public communications network.
4. Operators shall have a precise point of division of liabilities between its telecommunications facilities and the facilities of other public telecommunications network.
5. Operators shall provide country code CLIP (Calling Line Identification Presentation) function in inbound international call and blocking inbound international call service by trusted user.
If any of the above regulation is not followed, the authority shall order to improve or confine its use within a time limit.
An Operator shall provide the service of item 5 of the Paragraph 1 from 1st Oct 2011.
Article 41
Operators shall select carefully to conform to the qualified senior engineering staff, who will be charge of and supervise construction, maintenance and manipulation of Telecommunications equipment as well as approve to sign a journal of construction or maintenance.
A journal of construction and maintenance in the preceding paragraph shall be kept for at least one year. When the authority dispatches personnel to inspect, the journal shall be made available.
Article 42
Mobile communication system established by Operators shall be reviewed regularly or irregularly by the authority.
Article 43
(deleted)
Article 43-1
Mobile telecommunications service operators receiving different frequencies, or two or more mobile telecommunications service operators constituting affiliated enterprises, may share common base stations and network facilities in order to reduce needs to establish base stations.
The affiliated enterprises referred to in the foregoing paragraph shall be defined as in the regulations concerning affiliated enterprises in the Company Act.
In Paragraph 1, the common base stations and network facilities of mobile telecommunications service operators may not have the behavior specified in any of the subparagraphs of Article 26-1, Paragraph 1 of the Telecommunications Act.
In Paragraph 1, when a mobile telecommunications service operator establishes a base station in an isolated area, that mobile telecommunications service operator must provide roaming or co-station services.
When mobile telecommunications service operators engage in integration in accordance with Paragraph 1, they must perform the changes contained in their business plans. Their communications surveillance must comply with relevant regulations of the Communications and Electronic Surveillance Protection Act. This regulation also applies to operators without business plans.
When affiliated enterprises operate an integrated mobile communications network, customer service quality and network performance quality indicators must comply with the various quality indicators in the service quality regulations specified in Article 79, Paragraph 1 after calculation on a consolidated basis.
In Paragraph 1, mobile telecommunications service operators shall open a certain percentage of base station locations to co-stationing by other operators; this commission shall set this percentage.
Article 43-2
Having released new license of Type 1 telecommunications businesses using incumbent band, the competent authority may establish a mobile telephone network adjustment period, quality of service, and roaming during the adjustment period, etc. according to the subscriber’s number of mobile telephone business, manipulation status of radio wave spectra and the new operator’s construction need of type 1 telecommunication business.
Article 44
Electric field intensity at the boundaries of operation region for Operators shall not be higher than the following standards:
1. Trunking Radio Telephone Business: 30dBμV/m.
2. Mobile Data Communication Business: 30dBμV/m.
3. Radio Paging Business: 23dBμV/m.
4. Mobile Telephone Business: 47dBμV/m.
Article 45
(deleted)
Article 46
The standard of load for trunking radio communication system shall be at least 100 Mobile Stations per channel.
Since the day Operators were issued a license of special authorization is calculated to the third year, the minimum actual load for its system shall be 50 Mobile Stations per channel at least. The minimum load for its system shall be 70 Mobile Stations per channel at least from the fourth year.
Article 47
Trunking Radio Telephone Business Applicants or Operators shall apply for the allotment of channel in accordance with the frequency request of the radio frequency performed project; total number of channel for the same Operator in Northern Region, Central Region and Southern Region or All Regions shall be limited to 20 channels for use respectively.
When different Operators for Trunking Radio Telephone Business merge into one, the using channel of original allotment shall reserve the total number for use, which isn’t limited by the preceding paragraph. However, they shall not go beyond the business region.
If system actual load for Trunking Radio Telephone Business Operators can’t reach the standard of the minimum load stipulated by Paragraph 2 in the preceding article, the authority shall retract part of the channel allotment, so that the number of channels allotted is only more one channel than that conforming to the standard of the minimum load.
After the channels for Trunking Radio Telephone Business Operators are retracted in accordance with the preceding regulations, while system actual load exceed the standard of the minimum load stipulated by Paragraph 2 in the preceding article, Operators shall apply to the authority for an increase of channel allotment in accordance with actual system load. However, number of channel for each allotment shall be limited in 5 channels. If Trunking Radio Telephone Business Operators can’t reach the minimum load and the channels are retracted, Operators shall not apply to increase allotted channel within 6 months from the day that channels are retracted.
Article 48
(deleted)
Article 49
Mobile Data Communication Business Applicants or Operators shall apply for the allotted channels in accordance with an initial demand of frequency for the performed project of radio frequency. However, the number of allotted channel to apply first time shall be limited to 12 channels at most.
The total number of channels used by each Mobile Data Communication Business Operators shall be limited to 20 channels.
Article 50
The standard of load per channel for Mobile Data Communication System shall be as follows:
1. A channel span of 12.5 KHz shall be 500 Mobile Stations.
2. A channel span of 25 KHz shall be 800 Mobile Stations.
Since the day on which Mobile Data Communication Business Operators obtain a license of special authorization within 2 years, the minimum of actual load for system must reach up to 30% of the preceding paragraph regulations. The minimum of actual load for system must reach up to 50% of the preceding paragraph regulations from the fourth year.
Article 51
The actual average load of Mobile Data Communication System shall not reach the standard for the minimum of actual load stipulated in Paragraph 2 of the preceding article. The authority shall retract one part of the allotted channels so that the number of channels allotted to Operators is only more one channel than that conforming to the standard of the minimum load.
When actual load of system achieves up to 80% of the standard stipulated by the Paragraph 1 in the preceding article, Operators shall apply to the authority for increasing allotted channels pursuant to actual load of system.
For channels that are retracted by the authority in accordance with the Paragraph 1, Operators shall not apply to increase the allotment of the channels since the day the channels are retracted within 6 months.
Article 52
(deleted)
Article 53
(deleted)
Article 54
For Radio Paging Business Operators in the term of validity for a license of special authorization, when their radio paging systems reach a load of 150,000 receiving subscribers per channel, they shall apply to increase and allot one channel.
The whole number of channels used by the same Operators shall be limited in 6 channels.
When different Operators merge into one, the channels that have appointed already shall reserve the total number for use, which isn’t limited by the preceding 2 paragraphs.
Article 55
When conforming to the following conditions, Mobile Telephone Business Operators shall provide and attach information to apply to the authority for an increase of allotted radio frequency. The authority shall depend on the use of frequency resource to increase and allot the necessary radio frequency and confine an upper limit of bandwidth increasing to allot:
1. Frequency that allots currently shall still lack after the utility efficiency of frequency is improved specifically.
2. The situations against the regulations that radio frequency is used or changed without approval and authorization shall not happen within late 3 years.
3. Effective use index that conforms to the allotted principles of increasing frequency stipulated by the authority.
The allotted principles of increasing frequency in the preceding paragraph shall be promulgated by the authority to file to the authority with approval.
Operators getting the increasing frequency approved by the authority shall provide analysis data of the related telephone affairs in the region of using the increasing frequency to file to the authority for reference in an interval of 6 months.
If averaged telephone affairs in the region of using the increasing frequency for Operators in the latest 6 months are lower than 70% averaged telephone affairs of originally applying to increase frequency, the authority shall retract that frequency increasing to allot.
Applications for the extended use of radio frequency in Paragraph 1 shall not be granted a period exceeding July, 2015.
Article 56
(deleted)
Article 57
If the system exchange facilities are added or altered after the carrier acquires concession, the carrier shall report to the authority for approval. After the addition or the alternation is completed, the carrier shall apply for the system technical examination to the authority. After passing the examination, the authority shall issue a certificate to prove the passing of the system technical examination and allow the system exchange facilities to operate.
Article 58
Applicants or operators shall use telecommunications numbers in accordance with provisions of the Regulations Governing the Numbering of Telecommunications.
Article 59
(deleted)
Article 60
(deleted)
Article 61
(deleted)
Article 62
Mobile Telephone Business Operators shall provide subscribers with a free emergency call service with 110 and 119.
Mobile Telephone Business Operators shall handle 110 and 119 emergency communications as priority.
Mobile Telephone Business Operators shall transmit emergency SMS service to subscribers within the disaster area specified by the regulating authorities of disaster prevention and protection and shall build and maintain the system running properly.
In case of a disaster or the risk of a disaster, Mobile Telephone Business Operators shall transmit emergency SMS specified by the regulating authorities of disaster prevention and protection as priority and may request the service fee to the regulating authorities.
Emergency SMS in the preceding paragraph refers to the information of disaster notified to those subscribers within the disaster area or the area at risk of a disaster specified by the regulating authorities of disaster prevention and protection.
The Operator shall not be held liable for the SMS content and the results in the disaster area.
The Operator shall provide the service stipulated in Paragraph 3 before December 31 2012.
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