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

Print Time:2024/11/22 10:57
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Chapter Law Content

Chapter IV Use Management
Section 1 Frequency use certificate management
Article 29
Unless otherwise provided by the Regulations, the valid period of the frequency use certificate shall be no more than 10 years.
The valid period of the frequency use certificate shall not exceed the following time limits:
1. The time limit specified in the supporting evidence regarding the installer’s access right or management right to the established domain.
2. The use time limit specified in the Table of Radio Frequency Allocations of the Republic of China.
Article 30
The frequency use certificate shall not be transferred, leased, pledged, mortgaged, or otherwise disposed.
In the event that the frequency use certificate is lost or damaged or there is any change in the recorded items, the applicant shall attach relevant supporting documents and apply to the competent authority for reissuance, renewal, or correction.
Article 31
After the change of the network establishment plan is approved by the competent authority, for those that require renewal of the frequency use certificate, the valid period of the renewed frequency use certificate shall be same as that of the original frequency use certificate.
In case of the installer’s early loss of his or her total right to use the establishment domain for any reason, the competent authority shall revoke his or her frequency use certificate. If this is the case, the installer shall notify the competent authority at least 1 month in advance and return the frequency use certificate.
Article 32
After the expiration of the frequency use certificate, if the installer still needs to continue to use the mobile broadband dedicated telecommunications network, they shall attach the following documents and apply to the competent authority for renewal of the frequency use certificate within 2 months from the day that is 3 months before the expiration of the certificate:
1. The renewal application form.
2. The data proving the access right to the established domain(government agencies, public schools, state-owned businesses, and non-departmental public bodies are not required to attach such data).
3. Other documents specified by the competent authority.
Section 2 Changes of the network establishment plan
Article 33
In case of any of the following changes to the network establishment plan, the applicant shall give an account of the reasons, attach the pre and post change comparison table along with the explanation and the changed network establishment plan and report to the competent authority for approval:
1. Establishment purpose, establishment application, and application scenario.
2. Scope of the established domain.
3. Radio frequency use plan.
4. Necessary anti-interference plan.
5. Network architecture.
6. Network cyber security detection and protection plan.
7. The application scenario plan for connecting to cloud services and the cyber security maintenance plan.
8. The brands, models, functions, capacity, manufacturer’s company name and nationality of the major telecommunications equipment.
9. Base station establishment plan(including the base station type, frequency, bandwidth, transmission power, and establishment area distribution diagram).
10. Network identifier establishment plan.
11. Network maintenance management and physical security plan.
Provided that the base station’s transmitter frequency, bandwidth, and transmission power do not exceed the scope approved by the frequency use certificate, those that change the base station establishment plan are not required to apply for the change of the network establishment plan. However, they shall attach the pre and post change comparison table along with the explanation, send it to the competent authority for future reference, and process the registration for the data change.
In case of loss of part of the right to use the establishment domain, the installer shall notify the competent authority at least 1 month in advance and register the change of the network establishment plan.
Article 34
In case of any change to the following items, in addition to applying for the change of the network establishment plan as per the requirement of the preceding Article, the applicant shall also follow Article 23 to apply for the inspection of the network items:
1. Network architecture.
2. The application scenario plan for connecting to cloud services, and the cyber security maintenance plan.
3. The brands, models, functions, capacity, manufacturer’s company name and nationality of the major telecommunications equipment(the part of the core network and control components).
4. Network identifier establishment plan.
5. Network maintenance management and physical security plan.
In the event that the change of any of the following items involves the establishment or change of the outdoor base station, in addition to applying for the change of the network establishment plan as per the requirement in the preceding Article, the applicant shall follow Article 23 to apply for the inspection of the base station items and network items:
1. Radio frequency use plan.
2. Necessary anti-interference plan.
3. The brands, models, functions, capacity, manufacturer’s company name and nationality of the major telecommunications equipment(the part of the outdoor base station).
4. Base station establishment plan.
Section 3 Frequency use management and inspection
Article 35
If the radio frequency used by the installer suffers interference from the radio frequencies of other established legal stations, the installer shall deal with it by negotiating and coordinating with the existing legal station installers.
If no agreement over the circumstance referred to in the preceding paragraph is reached, the installer shall report to the competent authority and deal with it in accordance with the priority sequence below:
1. In the mobilization implementation phase, the military radio frequency shall be the priority.
2. The missions of flight and boat navigation safety.
3. The missions of disaster prevention and rescue.
4. The order of importance of the nature of each business
5. The sequence of approval and distribution of the radio frequency.
The installer shall provide the test equipment, contact channels, and relevant assistance required for the competent authority to take on the radio frequency interference issue and deal with the frequency interference related matters.
If the base station established by the installer interferes with the radio frequencies of other established legal stations, the installer shall use effective technology to improve it. If necessary, the installer shall suspend operation of the base station until the improvement has been made.
Article 36
The competent authority shall conduct irregular inspections of the items in respect to mobile broadband dedicated networks, for which the installer shall cooperate.
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