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Chapter Law Content

Chapter 2 Allocation, Assignment and Abolishment of Radio Frequency
Article 4
Radio frequency between 8.3 kHz and 3 THz shall be assigned in accordance with the “Table of Radio Frequency Allocations of the Republic of China” (hereinafter referred to as the Table of Radio Frequency Allocations) promulgated by the agency designated by the Executive Yuan.
Article 5
Radio equipment shall adopt the latest telecommunications technology, and the number and bandwidth of its radio frequency shall be used in the most effective way.
Article 6
Under the premise of not causing harmful interference, the competent authority may assign the same radio frequency to more than one user.
Article 7
According to Table of Radio Frequency Allocations, users of radio frequencies within a specific band who commit to not being the cause of any harmful interference shall not request to be protected from harmful interference.
Article 8
Radio communications frequencies shall not cause harmful interference to frequencies of radio navigation and other safety communications.
Article 9
The emission of radio frequency shall not cause harmful interference to international distress frequencies.
The aforesaid international distress frequencies are 490 kHz, 518 kHz, 2.182 MHz, 2.1875 MHz, 121.5 MHz, 156.525 MHz, 156.8 MHz, 406.1 MHz and other distress, warning, emergency or safety signals.
Article 10
Radio frequencies shall be assigned by the competent authority prior to use, except for frequency of the following stations or equipment:
1. Industrial, scientific and medical radio wave radiation device;
2. Low-power radio wave radiation device;
3. Amateur station;
4. Ship station;
5. Aircraft station.
Article 11
Those who apply for assignment of radio frequency shall submit Appendix 1 “Radio Frequency Assignment Application Form” to the competent authority, unless otherwise specified by laws. The same shall apply for amendments thereto.
Where the aforesaid document or its content is deemed incomplete, the competent authority shall notify the applicant to undertake corrective action within a specified period. Applications of those that fail to undertake corrective action or the application is deemed incomplete shall be rejected.
Article 12
When examining the assignment of radio frequency or amendment thereto, the competent authority shall examine the following matters:
1. Whether it complies with provisions of Table of Radio Frequency Allocations.
2. Whether harmful interference occurs with an assigned radio frequency.
3. Whether it complies with provisions of Independent Telegraphic Convention or International Telecommunications Union Radio Regulations (hereinafter referred to as the ITU Radio Regulations).
4. Whether harmful interference occurs with radio frequency planned or registered by International Telecommunications Union.
Applications of those who are not eligible for the assignment as deemed by the competent authority shall be rejected.
Article 13
Should the user fall in any of the following circumstances, the competent authority may abolish partial or the entire assignment of radio frequency thereto.
1. Fails to use the radio frequency for six months after the date of assignment without justifiable reasons.
2. The concession or license has been abolished by the competent authority.
3. The competent authority refuses to reissue the concession, television or broadcast license.
4. Applies to return partial or all radio frequencies.
5. The radio frequency has been provided for a third party without the approval of competent authority.
6. Terminated the use of assigned radio frequency for more than six months without justifiable reasons.
7. Fails to pay for the radio frequency usage fee and the said fee remains unpaid after the prescribed deadline.