Chapter 3 The Establishment and Utility Administration
The provisions of Article 24 shall apply mutatis mutandis to the validity period, extension and termination of the establishment approval certificate of the commercial experiments and research and development telecommunications network.
For those who apply to establish an academic and educational telecommunications network or a technical and commercial experiments and research and development telecommunications network shall gain approval for a radio station establishment permit from the competent authority prior to establishment of a radio station; the network shall begin operations upon passing inspection and being issued with a radio station license.
In the preceding paragraph, the established radio station equipment that falls under a low power radio waves radiated device with obtained type approval certification, declaration of conformity (DOC) and simplified DOC shall state so in the establishment proposal to be exempt from applying for the radio station establishment permit and a radio station license.
The review and inspection for a radio station set up by a technical or commercial experiments and research and development telecommunications network using a specific experimental frequency in a specific experimental field specified in the provisions of Paragraph 1, shall be conducted by document review. However, the competent authority may conduct on-site inspections when deemed necessary.
An applicant applying to establish a radio station shall submit the following documentation to the competent authority:
1. Application Form for the Establishment of a Radio Station.
2. Photocopy of the certificate of approval for network establishment or the license for the establishment and operation of network.
3. The radio station equipment catalogs.
4. An affidavit.
The valid period to establish a radio station in the preceding paragraph shall not exceed six months.
When applying for the establishment of radio stations as per Paragraph 1, the applicant or the administrator shall submit the radio station establishment list in the order of their numbering.
Should the applicant not complete the establishment of the radio station within the valid period, the applicant may state the reasons and apply to the competent authority for an extension one month prior to the expiration; the extension period may not exceed three months and shall be limited to once only. However, no extension shall be applied for the radio station establishment permit of the commercial experiments and research and development telecommunications network.
The applicant or the administrator establishing the radio station shall obtain legal rights and proof of legal source certification-related documentation for using the radio station equipment, and shall prepare for examination by the competent authority when conducting the radio station inspection.
Of the radio station establishment involving station building or establishment location’s structural safety, fire safety, site rights, and related matters, the applicant or the administrator shall implement the matters in accordance with provisions set forth under the Law of Architecture, Fire Code, as well as other laws and regulations.
The applicant or the administrator signing the affidavit matters as stated according to Paragraph 1 shall submit a separate affidavit in the case of an update or change.
The applicant or the administrator that ceases the establishment within the valid period of the radio station establishment permit, shall report to the competent authority for future reference, and also have the competent authority revoke the radio station establishment permit.
Should the establishment of the radio station not yet be completed after expiration of the radio station establishment permit or when the competent authority has revoked the radio station establishment permit, the applicant or the administrator shall cease operating the established radio station, and the radio equipment, except on lease, on loan or otherwise stipulated by law, as per relevant provisions set forth under the Administrative Regulations on the Controlled Telecommunications Radio-Frequency Devices.
In addition to a short-term test that applies to the competent authority pursuant to the regulations or technical inspection that the competent authority conducts on the spot, a radio stations shall not transmit radio wave during the period of station establishment. The period of short-term test shall not exceed five (5) days at most.
The applicant or administrator that completes the establishment of a radio station shall file for approval to the competent authority, which shall issue a radio station license after the station passes the required inspection.
When the applicant or administrators comply with the competent authority to change the transmission frequency of the radio station in accordance with the provisions of Paragraph 5 of Article 13, it shall re-apply for the establishment permit. After reporting to the competent authority for the radio station to pass the review and inspection, the competent authority shall change the license of the radio station and exempt the relevant review and inspection fees and license fees.
The term of validity for the radio station in Paragraph 1 shall be limited to six months; however, it may not exceed the effective valid period of the license for the establishment and operation of network, obtained under the provisions of Articles 39 to 41.
Those who still intend to operate the radio station after expiration of the radio station license shall attach and state the reasons and apply to the competent authority for a reissue one month prior to its expiration. The competent authority may conduct a re-inspection prior to issuing a new license.
The term of validity for a new license in the preceding paragraph shall be calculated from the next day of expiration of the former one; the terms of validity shall be defined by Paragraph 3.
Applicants or administrators who have acquired a permit to establish a radio station or a radio station license shall put up a photocopy of documents immediately to the location with a conspicuous view for verification.
Should the applicant or the administrator change the radio station’s establishment site, where the radio waves’ coverage has not exceeded the approved experimentation area following the change, shall submit the application form for the establishment of a radio station, according to one of the following circumstances:
1. To report it to the competent authority for future reference, within the valid radio station establishment permit period.
2. To apply to competent authority for annotation changes of the radio station license, within the radio station license’s valid period.
The applicant or the administrator, prior to changing the model number of equipment, frequency of the transmission, increase of power or bandwidth of the radio station shall do so according to Article 32 through Article 34.
The applicant or the administrator, prior to changing the frequency of the transmission of the radio station, power or bandwidth exceeding the approved figure indicated on the certificate of approval for network establishment, or the change of established radio station sites to result in the coverage of radio waves exceeding the approved experimentation area, shall first file for a change of the network establishment proposal according to provisions set forth under Paragraph 1, Article 42.
When changes to the radio stations fall under the scope of data correction or equipment change prior to a radio station inspection, or when the changes in the establishment site falls under the same street number but in a different building, the applicant shall report to the competent authority for future reference.
The applicant or the administrator, when relocating the radio station to a nearby establishment site for a short term in support of testing needs where the radio waves’ coverage does not exceed the approved experimentation area, shall report to the competent authority for future reference, provided that the period may not exceed fifteen days.
When submitting an application to change the radio station site as per Paragraph 1, change data as per Paragraph 4, or short-term relocation as per Paragraph 5 which involves more than one radio station, the applicant or the administrator shall submit the radio station change list in the order of their numbering.
Antenna or pylon used by radio stations shall not violate safety criteria of flight and the related regulations on construction.