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Chapter Law Content

Chapter 2: Applications, Permits and Licenses
Article 4
Radio and television broadcasters are limited to using transponders approved by the competent authority for relaying program signals; those who don’t apply frequency allotment shall authorize satellite communication service operators to relay program signals.
Article 5
Radio and television broadcasters shall apply to the competent authority for approval to use a transponder by enclosing the following documents with the process given in Attachment 1:
1. Record of satellite transponder data (as Attachment 2)
2. Copies of relevant business operation license issued by the Government Information Office of the competent authority.
3. Copies of contracts or certificates of right to use satellite transponder.
Article 6
When installing an earth station, radio and television broadcasters shall apply to the competent authority for a permit to set up an earth station (hereafter referred to as the set-up permit) by enclosing the following documents with a copy of written approval from the competent authority to use a transponder; the procedure is outlined in Attachment 3:
1. An application form (as Attachment 4) for the set-up of an earth station
2. A copy of Letter for frequency usage approved by the preceding paragraph
3. Specifications of facilities
4. Information table of microwave frequency interference analysis and coordination (as Attachment 5), and assessment data of interference analysis.
5. An original certificate from a legally registered practicing architect or specialized technician certifying structural safety of a building where an earth station antenna with diameter over three meters is erected on its rooftop.
6. Curricula vitae of earth station engineering managers (Attachment 6).
Building of earth station shall begin only after the aforementioned application has been approved and a set-up permit has been obtained. Construction of earth stations that require licenses according to building regulations due to the height or area of antenna shall begin only after the relevant licenses are obtained.
The items that a permit for the set-up in the paragraph 1 shall record are name and address of broadcasting television operator and earth satellite, applicant’s name, established location, name of machine parts, antenna information and validity term.
Article 7
Applicants shall set up earth station according to regulations and shall comply with transmission specifications set by satellite organization. Applicants should have the formal approval from the satellite organization and request the competent authority officials to carry out compliance checks. Use of the facility shall begin only after an earth station license has been obtained (an operation flow as Attachment 3):
1. Certificate approved by the satellite organization.
2. A report of self review for satellite broadcasting earth station (as Attachment 7)
The items that a license of earth station in the preceding paragraph shall record are name of earth station, name of broadcasting television station for person in charge of station, representative, name of engineering manager, established location, transmitter(including up-converter and high power amplifier), frequency information, model of antenna brand, communication manners, communication range, satellite name and validity term.
Article 8
The set-up permit shall be valid for one year. Those who are unable to complete the set-up within this period should apply to the competent authority for an extension one month before the expiry, explaining the reasons and attaching the original set-up permit. The extension period shall not exceed six months and the application of extension shall be granted only once.
Article 9
A license shall be valid for five years. One month before the license expires, the “Earth Station Self-Evaluation Record” (Attachment 8) shall be submitted to the competent authority along with an application for renewal of the license. A renewed license shall be valid for five years starting from the day after expiry of the original license.
When an application for license renewal is made according to the aforementioned regulation, the competent authority shall dispatch officials to inspect the installations of the applicant’s earth station. If the installation is substandard, the competent authority shall inform the applicant to improve within a deadline. The renewal of license shall not be granted if the improvement is not made within the deadline, or the improvement is made and inspected but is still below standard.
Article 10
When a radio or television broadcaster stops using an earth station for business, it should report to the competent authority and hand in the license for cancellation; the competent authority shall cancel outstanding license.
The competent authority shall be asked to handle the aforementioned radio spectrum equipment of the station according to relevant regulations.
Article 11
If radio or television broadcasters add to or alter the earth station, they should apply to the competent authority for a set-up permit following subsection 1, subsection 3 to subsection 6 of paragraph 1 in the regulations of Article 6.
When a radio or television broadcaster adds to or changes the radio spectrum equipment of the earth station, it should apply to the competent authority, enclosing earth station set-up application form and related documents, to ask for approval. When the installation of each station is completed and has passed the competent authority specification compliance checks, a new earth station license shall be issued.
When a radio or television broadcaster adds to or alters the station antenna, it should apply to the competent authority for a set-up permit, enclosing the documents listed in Article 6. When the installation of the earth station is completed and has passed the competent authority specification compliance checks, a new earth station license shall be issued.
Validity of the issued or reissued license referred to in the previous two Paragraphs shall be the same as that of the original license.
Article 12
The earth station set-up permits and licenses shall not be transferred or leased. If a license is lost or damaged, or if details on license are changed other than as specified in the previous Article, application for issuance or re-issuance of a license or a permit should be made to the competent authority enclosing relevant documentary evidence.
Validity of the aforementioned issued or reissued license or permit shall be the same as that of the original license or permit.