A foreign mobile satellite communication operator may choose one of the following means to render the mobile satellite communications service in Taiwan, the Republic of China:
I. The operator is to apply for the concession operation per stipulated under Article 8.
II. An operator may enter into a collaboration contract with an ROC satellite communication business, or a fixed communication service operator offering Internet service, and have the ROC satellite communication business, or the fixed communication service operator offering Internet service represent it in Taiwan to promote its satellite mobile communication service.
A satellite communication service or a fixed communication service operator offering Internet service, seeking to represent (hereinafter referred to as the ROC representative) a foreign mobile satellite communication operator in promoting its satellite mobile communication service in the ROC, shall submit the application (Appendage XI), collaboration contract, business plan and other documents the competent government authorities specify to declare for the competent government authorities’ approval (the operating process is as depicted in Appendage XII).
The foresaid business plan shall state the following matters:
I. Operating items.
II. Operating area.
III. Communication mode.
IV. Description for the foreign mobile satellite communication operator’s telecommunication equipment status:
(I) System hierarchy, working theory (including the satellite system characteristic description) and the foreign satellite ground station and relay equipment.
(II) The satellite electric transmission’s power distribution covering the region of the Republic of China.
(III) Working frequency segment, frequency bandwidth, tuning method, aerial interfacing guideline and satellite ground station’s characteristic description.
(IV) System service quality.
V. Billing standard, calculation method, and the applicant’s account settlement method with the foreign mobile satellite communication operator.
VI. Scheduled starring operating date and how the business is to be promoted.
The collaboration contract, specified in Paragraph 2, shall state the following matters:
I. The contract’s validation period.
II. The foreign mobile satellite communication operator is to commit to abiding by stipulations concerning communication surveillance bound by Article 52.
III. The ROC representative operator shall assume the obligations to be shouldered by the foreign party per the preceding stipulations.
IV. The collaborating parties’ entitlement and obligation relation for promoting the business in the Republic of China (including relevant measures for safeguarding the consumer’s equity).
An applicant who is allowed to retroactively correct the incomplete documents to be submitted as specified in Paragraph 2, the competent government authorities shall notify the applicant to retroactively correct the documents within a prescribed deadline, and when failing to submit retroactive correction or submitting incomplete correction exceeding the deadline, the application is to be denied.
The competent government authorities is to approve, per Paragraph 2, the representation operating period based on the validation period stated in the collaboration contract; in a month’s period six months before the contract expiry, the ROC representative operator may submit the business profile, collaboration contract and other documents the competent government authorities specify to apply with the competent government authorities for an approval to continue running the representation business.
Without obtaining the competent government authorities’ approval, the ROC representative operator may not represent a foreign satellite communication operator to promote its business in the Republic of China.
The administrative regulatory fees, i.e. the concession fee, frequency utilization fee and the like, and other legally designated obligations required of the operators are to be shouldered by the ROC representative operator.
When the ROC representative operator is given a ruling for abolishing the satellite communication service or the Internet service concession license, the competent government authorities shall abolish the approval granted to the operator for running the representation of the foreign mobile satellite communication service.
The ROC representative operator’s business management matters may commensurate to stipulations set forth under Article 46 through Article 54.
The operator who has been sanctioned by the competent government authorities – the Ministry of Transportation and Communications to represent a foreign mobile satellite communication operator for promoting its business in the Republic of China before the rules are formulated and announced, shall submit the business profile, and other documents the competent government authorities specify within a six-month period following the rules have been amended and implemented by April 18, 2012 to declare with the competent government authorities for an approval to continue running the representation business, with the representation period set to three years; when planning to continue the representation at expiry, the ROC representative operator shall submit the business profile and other documents the competent government authorities specify in a month’s period six months before the representation period expires to apply with the competent government authorities for an approval to continue running the representation business.
The foresaid ROC representative operator running the representation business shall catalog and verify the applicant’s identity and utilization purpose, and the acceptance of application purposes principally shall be for aviation and maritime enterprises; for inland utilization within the jurisdiction of the Republic of China, it shall be limited to the following circumstances:
I. For utilization by government agencies (institutions) for national security, disaster prevention/rescue, and urgent operational communication.
II. For utilization by private groups or organizations, such as incorporated entities, social organizations of incorporated entities and nonprofit incorporated entities and the like, for emergency rescue purposes.
III. For utilization by foreign incorporated entities for emergency communication.
The stipulations set forth under Paragraph 7 to Paragraph 9 shall also apply to the ROC representative operators approved per Paragraph 11.
The business management matters governing ROC representative operators approved by the commission per Paragraph 11, except Paragraph 1, Article 52 involving the content supply and that stipulated under Paragraph 2, may commensurate to stipulations set forth under Article 46 through Article 54.