Goto Main Content
:::

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 2: Operation Authorization
Section 3: Preparing to Establish
Article 18
Before issuing a consent letter of establishment, the authority shall command the applicant to pay the performance bonds in accordance with provisions. If an applicant fails to complete the establishment depending on provisions or the reviewed proposal, the authority shall not return a part or the whole of the performance bonds, and shall revoke the Establishment Approvals.
Article 19
The term of validity for a consent letter of the establishment shall be six months.
After receiving a consent letter of the establishment, applicants shall complete the erection of a company during the establishment or the registration to be changed as well as provide and attach the following documents to apply to the authority for frequency assignment and being issued the system construction permit:
1. Application of Frequency Assignment.
2. Application of System Construction Permit.
3. A Photocopy of the company erection or certificates to change the registration.
4. Certificates to negotiate with communication supervisor and enforcement law organization for confirming communication supervisory system or equipment of the establishment.
5. Proposal of the establishment for system: Including system framework, name and quantity of establishing equipment and schedule.
Applicants that do not complete the items stipulated by the preceding paragraph during authorization of the establishment, shall state the reasons to apply to the authority for postponement before the term is expired. Postponement shall not exceed 6 months at most and be limited to once. If applicants go past a time limit, the authority shall abolish authorization of the establishment.
When applicants complete the erection of a company or the registration to be changed, the minimum paid-in capital shall conform to Paragraph 2 and Paragraph 3 of Article 13.
Article 20
The term of validity with the system construction permit shall be as follows:
1. Digital Low-Power Wireless Telephone Business: Five years.
2. Trunking Radio Telephone Business: Two years.
3. Mobile Data Communication Business: Two years.
4. Radio Paging Business: Three years.
5. Mobile Telephone Business: Three years.
After being issued with the system construction permit, applicants shall establish its mobile communication system within the term of validity for permission to establish system pursuant to a construction proposal of the Subparagraph 5, Paragraph 2 in the preceding article. Applicants that do not complete within the term of validity shall attach the reasons why and apply to the authority for postponement within one month since the term is expired three months ago. Postponement to apply for the establishment shall not exceed one year at most and limited to postpone once. If applicants go past a time limit, the authority shall abolish the system construction permit.
Those who apply for postponement owing to unforeseen circumstances shall postpone in accordance with the course of accident delay, which doesn’t limit to the course of postponement in the preceding paragraph.
Those that do not apply for the system construction permit in accordance with the regulations shall not establish one part or all of mobile communication system.
Operators that establish follow-up network for a proposal of system establishment in accordance with Subparagraph 5, Paragraph 2 in the preceding article shall attach equipment name of system establishment and quantity list to apply permission to the authority to ensure establishment.
Article 21
A circuit connecting mobile phone system of applicants or Operators with other system shall be leased from Fixed Communication Business or Satellite Fixed Communication Business Operators. If a connecting circuit is located in the same building, applicants or Operators that file to the authority for approval will not be limited herein.
Applicants or Operators shall establish a circuit of connecting line equipment that is located in Mobile Communication System Network after being approved by the authority.
If the circuit established in the preceding paragraph is a microwave link, the items of the frequency assignment and permission to establish radio station shall conduct pursuant to Administrative Regulations for Governing the Installation of Microwave Radio Station for Type I Telecommunications Business; if it is a satellite link, the items of the frequency assignment and permission to establish radio station shall conduct pursuant to Administrative Regulations on Satellite Communication Business.
Article 22
The affairs of installation permits and radio station licenses of base stations installed by the applicants or operators shall comply with the Regulations for Administration of Base Stations of Mobile Communications Network Businesses.
Article 23
(deleted)
Article 24
(deleted)
Article 25
(deleted)
Article 26
(deleted)
Article 27
(deleted)
Article 28
(deleted)
Article 29
For the ratio that number of base station to establish occupies that of all system to establish, applicants shall conform to the following regulations in accordance with business type respectively while deciding to engage the business:
1. Digital Low-Power Wireless Telephone Business: Above twenty-five percent.
2. Trunking Radio Telephone Business: Above fifty percent.
3. Mobile Data Communication Business: Above fifty percent.
4. Radio Paging Business: Above twenty-five percent.
5. Mobile Telephone Business: Above twenty-five percent.
Article 30
For the number of base station established up to the ratio stipulated in the preceding article and connected with Telecommunications line equipment to be completed, applicants shall apply to the authority for system technical inspection. After inspecting with qualification, applicants shall provide and attach the following documents to apply to the authority for issuing a license of special authorization:
1. Application for A License of Special Authorization.
2. A Photocopy of Consent Letter for Establishment.
3. A Photocopy of Certificate for Company Registration.
4. A Certificate Qualified by System Technical Inspection.
5. A Certificate of Tariff Consented by Competent Authority for Reference.
6. A Certificate of Operation Constitutions Approved by the authority.
7. A copy of service contract established by Operators and the subscriber shall be certificates approved by the authority.
Applicants shall engage in the business within 6 months from the day of being issued with a license of special authorization. If going past a time limit, applicants will be abolished special authorization.
The standard of system technical inspection shall be stipulated by the authority.
Article 31
A license of special authorization shall record the following items:
1. Operators Name, Representative and Company Location.
2. Business Type.
3. Total Capital and paid-in capital.
4. Business Regions.
5. Using Frequency.
6. Date of Validity.
7. Date of Issue.
Article 32
The term of validity for a license of special permission to this business shall be as follows:
1. Digital Low-Power Wireless Telephone Business: Ten years.
2. Trunking Radio Telephone Business: Ten years.
3. Mobile Data Communication Business: Ten years.
4. Radio Paging Business: Fifteen years.
5. Mobile Telephone Business: Fifteen years.
Before the term of validity for a license of special permission to this business is expired one year ago, Operators who want to continue operation shall apply to reissue a license of special authorization using same technology and radio band in accordance with the procedure stipulated in Article 32-1.
The effective period of the renewed license of Radio Paging Business and Mobile Telephone Business shall be valid until June 30, 2017; after expiration, the license shall be void.
Article 32-1
Upon submitting its application for license renewal to the competent authority, in accordance with Paragraph 2 of Article 32, the enterprise shall attach the following documents:
1. License Application
2. Business Proposal
3. A Certificate of Financial Capability.
A Business Proposal established by subparagraph 2 of preceding paragraph shall specify the following items
1. Business Items.
2. Business Regions.
3. Communication Type
4. Profile of Telecommunications Equipment:
(1) Establishment Schedule of system equipment, frequency channel number established by base station (including distribution area, decided address of base station, coordinates of longitude and latitude, antenna altitude, effective radiation power and range of forecast service).
(2) Radio frequency manipulation efficiency analysis.
(3) System framework and operation principles.
(4) The type of service that its system can provide.
(5) Operating Band, Bandwidth, Maximum Transmission Power, Modulation Type and transmission spectra, harmonics, mixed wave spectra, as well as antenna performance.
(6) Interfaces that connect with other telecommunications networks shall adopt the interconnection technical standards promulgated by the authority, national standard, international standard, or incumbent Telecommunications system respectively.
5. Financial Structure
(1) A fiscal form of the past three years shall be submitted, which shall include a table of asset debt, loss and profit, variation for stockholder’s rights and interests, cash flow, as well as annotation or attached table
(2) Paid-in capital
(3) The estimated sources of funds over the first five-year period and the proposed use of funds.
(4) An estimated balance sheet covering the first five-year period, including a table of assets, debt, loss and profit, as well as cash flow. .
(5) Stocks held by foreigners or a calculation table of warrant ratio.
6. Technical Power and Development Proposal
(1) Executives’ professional knowledge and work experience in Telecommunications.
(2) Allocation of professional technical personnel.
(3) Engineering design and maintenance illustrations, including system design, establishment and maintenance status.
(4) Personnel Training Proposal.
(5) five-year business promoting plan and targets.
7. Fee criteria and calculation method.
8. Personnel and organization structure: Company Constitutions, a Name List of Trustees, Supervisor and Executives as well as a Name List of Stockholders holding more than 5% of stock.
9. Related measures to guarantee consumer’s rights and interests.
10. Other items shall be specified and shall be designated by the competent authority.
The documents stipulated in Paragraph 1 shall record the items and format established and promulgated by the authority.
If the submitted documentation as referred to in Paragraph 1 is incomplete or the content is insufficient, supplementary corrections shall be made within a specified period stated in the notice of deficiency by the authority. If no supplement or correction is made after such notice or if the application is still incomplete or the information is still insufficient as of the end of the specified period for supplement and correction, the application shall not be accepted or reviewed.
When an operator applies for license renewal, in accordance with Paragraph 1, the competent authority shall review whether the operator has the ability to continue operations; if necessary, the competent authority may conduct on-site systematic technology inspection and review the financial capability, manipulation status of radio wave spectra, telecommunication number resource usage status, and other relevant information of the operator.
In accordance with Paragraph 2 of Article 32, the competent authority shall deny the application for license renewal in any of the following circumstances:
1. Failure to improve the manipulation efficiency of radio wave spectra after notice from the competent authority;
2. The enterprise has either partially or entirely been ordered to cease operations due to violation of any regulations or laws;
3. The partial or entire suspension or termination of business without permission;
4. Assignment of all or primary area(s) of business or assets to this business without permission;
5. Occurrence of significant consumer’s dispute and failure to appropriately manage them;
6. Other significant deficiency that may influence operational capability; and
7. Failure to possess the capability of continuing operations to this business.
Article 33
If A Consent Letter of Establishment, A Permit Letter (Certificate) of Establishment, A License of Radio Station and A License of Special Authorization is lost or damaged, Operators shall state the reasons to apply to the authority for reissue. When the items recorded make some change, Operators shall apply to the authority for renewing.
A Consent Letter of Establishment, A Permit Letter (Certificate) of Establishment, A License of Radio Station and A License of Special Authorization or Radio Frequency Approved to Assign shall not lease, lend and transfer except for the regulations stipulated in addition.
Article 34
Operators shall operate in accordance with the contents of business proposal proposed to apply for operating this business. However, the contents of business proposal that violates the regulations or go beyond the range of business operated under special authorization shall not proceed.
The contents of business proposal shall not make changes except for involving the regulations related to bid competition. If the date of deciding to start operation is changed, the business item, communication type, a profile of Telecommunications equipment, fee criteria standard and calculation method shall state the reasons and be submitted to the authority for approval. The rest related with financial structure, technical power, development project, and personnel chart should state the reasons to file to the authority for reference if making change. However, the contents of proposal to change shall not influence to perform deposit or other responsibility recorded by the original proposal.
The authority shall conduct a regular assessment for the execution of business project proposed by Operators. Those that are reviewed as Poor shall inform of improvement within a time limit.
The regulations in the Paragraph 2 can also be applied before applicants are issued with a license of special authorization.