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Chapter Law Content

Title: Regulations for Administration on Satellite Communication Services CH
Category: National Communications Commission(國家通訊傳播委員會)
Attachment:
Chapter III Operations management
Section I Equipment management
Article 28
The telecommunications equipment the operator install shall comply with the technical guideline specified by competent government authorities.
The operator is to adequately operate and maintain whose satellite communications network, enabling the various equipment operations to comply with stipulations set by relevant technical guideline; of any breach to the regulations, the competent government authorities may order the operator to adopt improvement within a prescribed deadline.
Article 29
The location number encryption interlinking the satellite communications network the satellite mobile communications service operator launches and the other telecommunications networks are to be verified and assigned by competent government authorities.
Of the international number encryption for interlinking a satellite mobile communications service operator’s satellite communications network and the other telecommunications networks, the operator is to secure the international number encryption on its own, and is to voluntarily declare the information with competent government authorities prior to using the numbers.
Article 30
The antenna facility the operator installs at a fixed earth station shall be kept with a safety distance form high-voltage power lines, and of one with a height that exceeds 60 meters from ground surface shall come with aerial color coding and identification beacon to avoid endangering public safety.
The site where the operator installs the fixed earth station shall have ominous warning sign installed, together with adequate measures adopted. Aid warning sign shall also disclose the output power, where located, the telecommunications operator, authentication technician, date and the like. However, the restrictions exclude small-scale earth stations with an antenna measuring less than 1.2m and only equipped with receiving function.
Article 31
The satellite mobile communications service operator is to install locally the fixed earth station and retransmitting equipment for interlinking whose satellite communications network and the other communications networks.
Article 32
The satellite small-scale earth station networking operator is to install the main control’s fixed earth station (the main control earth station) and related equipment for use in controlling and managing whose satellite small-scale earth station network.
Of the electric circuit connecting a satellite fixed communications service operator to its user’s equipment, the operator or the user is to lease from a long-distance or inner-city fixed networking operator, except where the connecting circuit is located within the same building.
Article 33
The operator is to select and hire high-end telecommunications engineering personnel meeting the specified qualification to be in charge and to surveillance the satellite communications network’s development, maintenance and operation, who are to verify and sign the implementation daily log and maintenance daily log.
The foresaid implementation and maintenance daily logs are to be retained for at least one year, and when the competent government authorities dispatch inspector to audit the records, the operator shall supply the information.
Article 34
The operator, when moving to terminate operating whose earth station equipment, is required to voluntarily declare with competent government authorities, and also to surrender and cancel whose station license; of one that fails to surrender and cancel whose station license, the competent government authorities may revoke the license.
Of the foresaid station’s frequency transmitting devices, the operator is to operate the devices in accordance with relevant stipulations set by the Telecommunications regulated frequency transmitting devices management measure.
Article 35
The telecommunications equipment installed by the operator and the user linking to other public telecommunications equipment shall meet the following criteria:
1. It does not infringe others’ communications secrecy.
2. An adequate telecommunications service quality is to be maintained.
3. It does not damage the user or public telecommunications equipment.
4. The operator’s telecommunications network and the public telecommunications networking equipment have a clear-cut liability dividing point.
The liability dividing point stated in the preceding paragraph 4 shall be voluntarily declared with competent government authorities.
Article 36
Of operators who breach stipulations set forth under the preceding paragraph 1, the competent government authorities may order the operator to adopt improvement within a prescribed deadline, or restrict whose operation.
Article 37
The operation of the fixed earth station, except the small-scale earth station, may only allow the adaptation of remote control when complying with the following four circumstances:
1. Adequate measures have been taken to prevent individuals from entering or operating the fixed earth station.
2. The high-end telecommunications engineering personnel responsible for the operation can swiftly arrive at the fixed earth station onsite to render necessary disposition.
3. The remote control station is able to monitor and control the operation of a fixed earth station.
4. In the event where a fixed earth station is tested or being notified to interfere the legal telecommunications, the remote control station is able to immediate stop the fixed earth station’s transmission work.
Article 38
The operator who chooses to add fixed earth stations are required to apply for a satellite fixed earth station installation approval certificate with competent government authorities in accordance with stipulations set forth under Article 17-1.
The foresaid stipulation applies to the circumstances where the operator is changing the fixed earth station’s installation site, frequency transmitting equipment or approved wireless radio frequencies; when changing the frequency transmitting equipment by adopting the same make and model number, the operator may file for an approval by competent government authorities.
Article 39
The operator’s fixed earth station, unless otherwise stipulated by laws and regulations may choose any satellite system to make up a satellite communications network.
The satellite fixed communications service operator, when transmitting signals via the satellite system overseas or receiving router of foreign signals, is required to voluntarily declare with competent government authorities.
The satellite fixed communications service operator, when in need of switching to a different satellite system under emergency circumstances, is required to voluntarily declare the information with competent government authorities, and is also required to state the incident in the maintenance daily log.
Section II Frequency application, frequency interference and visual frequency transmission restrictions
Article 40
Of the frequencies operated by the satellite communications operations, the operator is to apply with competent government authorities for approval and assignment in accordance with the satellite communications frequency segment distribution as defined in the “Wireless frequency distribution schedule of the Republic of China”.
The competent government authorities, when deemed necessary in response to the need of telecommunications and information development, may adjust the operating frequency or demand the operator to update the equipment, to which the operator and the user may not refuse or demand for compensation.
Article 41
Of the frequencies operated by the satellite communications service, electric power, transmission mode, station identification call number and so forth relating to radio wave surveillance operations, the competent government authorities are to manage such measures collectively, and unless otherwise approved, none of which may be operated upon or modified.
Article 42
The operator is to assign experienced high-end telecommunications engineering personnel responsible for or to monitor the operation of signal transmission at the fixed earth station.
The electric power the operator operates shall be limited to the demand of the actual implementation, and in the wake of any interference, the operator is to reduce the power or temporarily suspend the operation until it is improved.
The earth station’s permissible frequency transmission tolerance and mixed greater tolerance in the transmission power scale shall meet stipulations set forth under Article 19 and Article 20 of the Administrative Regulations on Radio Waves.
The foxed earth station’s antenna angular elevation, unless otherwise approved by competent government authorities, may not be operated at less than five degrees to avoid the transmitting signals from interfering with other wireless telecommunications.
Article 43
The fixed earth station the operator installs, when experiencing communications interruption or quality deterioration as arisen from the wireless radio signal interference by other operators, the operator is to first coordinate and resolve the matter on its own, and when unable to reach an agreement, may file for the competent government authorities to mitigate the incident, and all operators are to adhere to the decision made by competent government authorities.
Article 44
Of the satellite telecommunications network the operator installs, the competent government authorities may conduct routine or random inspection and testing, and when not operating the equipment as regulated or in the wake of equipment malfunction to interfere with others’ telecommunications, the competent government authorities may order the operator to adopt improvement within a prescribed deadline, and may restrict the operator from operating the equipment where deemed necessary, to which the operator is to comply fully as ordered by competent government authorities.
Section III Operations management
Article 45
The satellite telecommunications network the operator installed, when interconnecting to the other telecommunications enterprises’ telecommunications networks, may not exceed the scope of whose concession operation. The interconnecting method and billing rate calculation shall be implemented as per the telecommunications enterprise network interconnecting management measure specified by competent government authorities.
Article 46
For setting the satellite communication service billing rates, the operator is to implement it per stipulations governing Administrative Regulation Governing Tariffs of Type I Telecommunications Enterprises per the Telecommunications Act
Article 47
With regard to relevant terms and conditions of its service, the operator is to draft a set of business regulations, which are to be declared with competent government authorities for approval and announced for implementation, and is also required to post the information at its business venues and on its Website for the consumer’s perusal; the same also applies to all subsequent changes.
The foresaid business regulations are to enlist fair and rational service terms and conditions, and are also to disclose the following information:
1. The categories of service the operator provides.
2. Various services’ billing criteria and terms and conditions of billing adjustment.
3. The restrictions and conditions for utilizing the user’s basic information.
4. The compensation method to the user in the event where the operator should face cancellation or revocation of whose concession or moves to temporarily suspend or terminate the operation to suffice to undermine the user’s equity.
5. The response methods to damages as arisen from the malfunction or disruption of the telecommunications server/line equipment result in errors, delays, interruption or non-transmission.
6. The response to the user’s complaints and other user equity-related information.
7. Other service terms and conditions.
In the event where the operator’s business regulations should be deemed to undermine the consumer’s equity or appear unfair, the competent government authorities may order the telecommunication enterprise to change the provisions within a prescribed deadline.
The specimen of the service contract the operator drafts may not breach stipulations set by telecommunications laws and regulations or its business regulations, and is also to disclose all information enlisted under the preceding paragraph 2, which is subject to declaring with competent government authorities for approval prior to implementing the business regulations; the same also applies to all subsequent changes.
Any change or amendment made to the specimen of the service contract between the operator and the user shall be posted at the operator’s various business venues and on its Website for the consumer’s perusal prior to implementation.
Article 48
The operator is to provide the service fairly, and without just cause may not refuse the general public’s request for providing the satellite communications service within the operating region the operator is approved to run the business.
Article 49
The operator, when temporarily suspended or terminating a portion or the entire operation, is to file for an approval by competent government authorities six months prior to the scheduled temporary suspension or termination date, and shall also notify the user three months prior to the scheduled temporary suspension or termination date.
In the instance where an operator is approved by competent government authorities to terminate whose entire operation, the competent government authorities shall revoke the operator’s concession license, and also to notify the governing agency in charge of company registration.
Article 50
Within six months upon concluding an accounting year, the operator is to voluntarily declare relevant information on whose operations, financial, telecommunications equipment and high-end telecommunications engineering personnel with competent government authorities.
The competent government authorities, for the purpose of managing the satellite communications operation, may order the operator to submit the following reports, which the operator is to comply by supplying the information:
1. Information related to the operation.
2. Information related to the finances.
3. Information related to the telecommunications equipment.
Article 51
In the instance where an operator should be run poorly or offer poor communications quality that suffices to undermine the user’s equity, the competent government authorities may order the operator to adopt improvement within a prescribed deadline.
Article 52
In response to investigation, evidence gathering, and inquiries for the presence and content of telecommunications according to legal proceedings, the operator is to supply the information.
The foresaid telecommunications’ content surveillance is to be implemented as per telecommunications safeguard and surveillance laws and regulations.
Article 53
The operator is to verify and catalog the user’s information, and may only activate the access upon uploading the information onto the operator’s system pending further verification, who is required to retain the information at least one year after the service contract has been terminated; when inquired by relevant government agencies legally, the operator is to supply the information. The operator, when verifying and cataloging the subscriber information of government agencies, public schools and state-run enterprises, may utilize an agency (institution)’s official document letterhead as the proof of documentation.
The foresaid user’s information is to encompass information on the user name, uniformed identification card number and the number of credential document other than the uniformed identification card that suffices to verify an individual’s identity, address and the number assigned.
The foresaid credential document number, in the case of an application by a foreign national, refers to the passport number and the document number of other forms of proof of identify document that suffices to identify an individual’s identity; when applied by an incorporated entity, refers to the company uniformed registration number and the representative’s uniformed identification card number.
The upload of the user information as stated in paragraph 1 is to be completed within a two-day period following the operator’s acceptance.
Article 54
The operator, when offering the satellite telecommunications by means of prepaid card or other repayment methods, is required to retain the purchaser’s information at the time of selling the repaid card, and is also required to verify the user’s information on a weekly basis, and in the absence of the user’s information when the user has activated the service the operator is to notify the user to supplant the information within a one-week period, and of those failing to supplant the information, the operator is to temporarily suspend the user’s satellite communications.
Of the foresaid stipulations, the operator is to specify the provisions in the content of whose business regulations and the specimen of the service contract.
Article 55
When an operator faces the ruling of a concession license cancellation or revocation, the competent government authorities are to cancel or revoke the operator’s wireless radio frequency usage approval and earth station license, and are also to notify the telecommunications enterprise to terminate the operator’s lease of the telecommunications equipment line.