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

Print Time:2024/11/25 09:14
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Chapter Law Content

Chapter 3: Operation Management
Section 1: Charter Fee
Article 49
Service providers shall remit a charter fee. The method of calculating and remitting the charter fee shall be in accordance with Paragraph 2 to Paragraph 4 and Paragraph 10. However, a service provider obtaining approval of the renewal of its charter from the NCC shall accord to Paragraph 5 to Paragraph 10.
The service providers' charter fee shall be calculated by multiplying sales income with the multiplier as offered in the bidding. However, if the amount derived from such calculation is below the amounts provided below, then the amount of charter fee shall be made according to the following amounts:
1. NT$ twenty million (20,000,000) for the first year
2. NT$ thirty million (30,000,000) for the second year
3. NT$ forty million (40,000,000) for the third year and thereafter.
The “first year” in the preceding Paragraph refers to the twelve months from the month in which the service provider begins commercial operation; the “second year” refers to the thirteenth month to the twenty-fourth month from the month in which the service provider begins commercial operation; and “the third year and thereafter” refers to the twenty-fifth month from the month in which the service provider begins commercial operation. The minimum amount of charter fee of the then-current fiscal year charged to the service provider shall be calculated proportionately according to the months described above.
The minimum advancement bond for charter fee charged to the winning bidder as provided in Article 32 shall be calculated according to Paragraph 1. After the annual charter fee has been remitted, the service provider may apply for the refund of the minimum advancement bond of charter fee of the then-current fiscal year or apply for notifying the guarantor bank to relieve the guarantee responsibility equivalent to the then-current fiscal year’s minimum advancement bond of charter fee.
After service providers obtain renewal of its charter, the annual charter fee shall be calculated pursuant to Regulations for Administration of Mobile Broadband Businesses, by multiplying the average annual value of each MHz, according to the results of the auction of unpaired frequency segments available in 2015, with the frequency bandwidth and the regional coefficient. The method of calculation is attached in the Appendix.
Service providers shall adhere to section 32, Paragraph 1 and remit the six-year advancement bond of to NCC within thirty days from the next due date of the approval of charter renewal. Prior to completing the bidding process, the minimum advancement bond of charter fee is NT$ two hundred and forty million (240,000,000); service providers shall remit price margin within thirty days after completion of the bidding process.
Should service providers fail to remit the advancement bond of charter fee after being issued with the renewed charter, the charter shall be revokewd by NCC.
The valid period of time for the charter shall begin from the date of the remittance of minimum advancement bond of the charter fee, adhered to by a letter of performance guarantee issued by a domestically registered bank, and expire on the date of the expiration date of the charter.
After remitting the annual charter fee, s service provider that obtains its charter renewal in Paragraph 5, may apply for the refund of the minimum advancement bond of charter fee of the then-current fiscal year or apply for notifying the guarantor bank to relieve the guarantee responsibility equivalent to the then-current fiscal year's minimum advancement bond of charter fee.
If the service provider fails to remit a charter fee in Paragraph 1, the NCC shall notify the guarantor bank to execute guarantee responsibility.
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