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Chapter Law Content

Chapter II Operation Concession
Section 1 Application and Review
Article 8
Those applying to run operations shall be limited to those that have been established as an incorporated entity with limited liability in accordance with the Company Act, and whose chairman holds valid ROC nationality; the total shareholdings held by foreign nationals shall also conform to stipulations set forth under Paragraph 3 or Paragraph 5 of Article 12 of the Act.
Article 9
The same applicant shall submit no more than one application.
Different applicants that fall under one of the following circumstances shall be deemed as the same applicant:
1.An applicant holds shares of another applicant with voting right, or whose capital contribution amount exceeds the other applicant's total share count with voting right or over half the sum or higher of the capital.
2.Applicants share over half the number of the same directors.
3.Applicants' total shares issued with voting right or half the sum or more of the capital is held or contributed by the same shareholders.
4.The different applicants concurrently act as a third party's subsidiary company.
5.The different applicants' holding companies are related in a controlling subsidiary relation.
6.The different applicants shall apply for merger approval from the commission per Subparagraph 3 of Article 15 of the Act.
The controlling subsidiary relation referred to in the preceding Subparagraph 4 and 5 pertains to the relations between different applicants of each subparagraph stipulated under the preceding Paragraphs 1, 2 or 3.
The method for calculatingthe shareholding right as described in Paragraph 2 shall be implemented as stipulated under Article 369-11 of the Company Act.
When a shareholder of the applicant concurrently holds shares of another applicant, except where one of the applicant's shareholder's shareholding by percentage is free from any restrictions, the remaining shareholdings of the applicant may not exceed fifteen percent.
The stipulations of the preceding Paragraph 1 and 5 shall also apply after the applicant has been awarded with the bid but prior toimplementing the following items:
1.The nominated bidder has obtained a concession license.
2.The nominated bidder has obtained a system technology satisfactory validation certificate of any frequency, available from 2015, in accordance with Paragraph 1 of Article 47.
3.In compliance with the provisions of Article 66 on the construction of high-speed base stations.
The nominated bidder that applies for a concession license per Subparagraph 1 of Paragraph 1 of Article 7 shall not apply topreceding Subparagraph 3.
The same applicant specified under Paragraph 1, 2, 5 and 6 refers to applicants of the Operation that fall under one of conditions in Paragraph 2 in the same year.
Article 10
Different applicants that fall under one of the following circumstances shall be deemed as co-applicants:
1.An applicant that holds shares reaching fifteen percent or more of another applicant's total capital.
2.The same shareholder group holds shares reaching one-third or more of the total capital of each of the applicants.
The method for calculating the foresaid shareholding right shall be implemented per stipulations set forth under Article 369-11 of the Company Act.
The co-applicants shall negotiate, within the specified period of the competent authority, to agree to one of the applicants acting as the qualified applicant; when unable to agree, a qualified applicant is to be determined by random drawing at the time and place determined by the competent authority.
In the event where the applicant derived from the negotiation or random draw should be rendered as a disqualified applicant, or when an applicant should fail to participate in the random draw, it shall be deemed that the applicant has withdrawn said application; the review fee and the interest accrued will not be reimbursed; the tender bond shall be reimbursed without interest.
The stipulation of Paragraph 1 shall also apply in the case of after the applicant has been awarded with the bid but before implementing the following items:
1.The nominated bidder has obtained a concession license.
2.The nominated bidder has obtained a system technology satisfactory validation certificate of any frequency, available from 2015, in accordance with Paragraph 1 of Article 47.
3.In compliance with the provisions of Article 66 on the construction of high-speed base stations.
The nominated bidder that applies for a concession license per Subparagraph 1 of Paragraph 1 of Article 7 shall not apply to preceding Subparagraph 3.
Co-applicants specified under Paragraph 1, 3 and 5 refer to applicants of the Operation that fall under one of conditions in Paragraph 2 in the same year.
Article 11
The applicant may, according to the frequency status defined under Article 7, conduct takeover surveys on its own, and ofany doubt to the survey finding, the applicant may file for clarification with the competent authority within the request acceptance cutoff date specified under Paragraph 2 of Article 4.
Article 12
Those applying to run operations shall submit the following documents within the announced period of application file for an application with the competent authority:
1.The application form.
2.The enterprise-plan formulation.
3.Photocopy of the remitter's tender bond remittance slip.
4.Photocopy of the remitter's review fee remittance slip.
The foresaid enterprise plan formulation shall disclose the following:
1.An introduction of its telecommunications equipment:
(1)The adopted types and characteristics of mobile broadbandtechnology, including the name ofthe technology, maximum mobile speed supported, average spectrum usage efficiency, maximum downlink speed of high-speed base stationequipment specifications, etc.
(2)The system framework, communication mode, and service type.
2.Information and communications security maintenance plan:
(1)The system's overall information and communications security framework and protection facilities
(2)Performance of security and fault management measures for network functioncomponents
3.Financial structure: The anticipated total capital and total paid-in capital at the time it secures the bid and completes the company modification registration, anticipated source of capital in the next five years, and capital utilization plan.
4.Technology capability and development plan.
5.Personnel organization and shareholding status: Photocopy of the company's proof of registration documents, directors and auditors list, managers list, list of shareholders holding one percent or more of the shareholdings, table of calculation on shareholdings in percentage held by foreign nationals and subsidiary relations report, the holding company's combined financial statements.
6.An abstract of the enterprise plan formulation, of information that can be cited and disclosed by the commission.
The mandated entry matters and method of the documents specified under the preceding Paragraphs are to be determined and announced by the competent authority.
To verify that applicants are the same applicant as stipulated in Article 9 or co-applicants under Article 10, the competent authority may, where deemed necessary, require the applicant or operators to retroactively submit relevant information within a prescribed deadline.
When an applicant files the application as stipulated under Paragraph 1, the submitted documents will not be returned.
The amount of the tender bond shall be one billion New Taiwan dollars, and the review fee shall be one million New Taiwan dollars. Unless otherwise stipulated by the rules, after posting the tender bond and the review fee, an applicant may not request the tender bond or review fee to be reimbursed before the result of the competitive bidding is announced.
The tender bond and the review fee shall be remitted respectively to an account specifiedby the competent authority by means of interbank fund transfer; the remittance shall state the applicant's company name, address and contact telephone number.
Article 13
An application that falls under one of the following circumstances shall be prohibited from submitting retroactive correction, and shall be declined; its tender bond and the review fee shall be reimbursed without interest within a seven-day period from the following date the application acceptance decline ruling is delivered:
1.A bidder fails to submit the application, exceeding the application acceptance deadline.
2.A bidder fails to include the application form or the enterprise plan formulation.
3.A bidder fails to post the tender bond, submit the review fee as regulated, or should post an insufficient amount.
Article 14
An application that falls under one of the following circumstances shall be prohibited from submitting retroactive correction, and shall be declined; its tender bond, the review and interest accrued fee shall be withheld, or subject to retroactive recall if a reimbursement has been previously made:
1.A bidder breaches stipulations set forth under Paragraph 1, or 5 of Article 9.
2.A bidder's application contains an untrue statement or false entry on relevant matters specified under Article 8 to Article 10.
3.A bidder should forge or alter its application documents.
4.A bidder engages in bid rigging, or resorts to any conduct that suffices to impair the fairness and unbiased competitive bidding.
In the instance wherean applicant's application is free of any of the matters stipulated in the preceding Article but should fall under one of the following circumstances, the competent authority shall notify the bidder to adopt retroactive correction within a prescribed deadline, and when failing to adopt retroactive correction or the matter remains pending despite retroactive correction, the application is to be declined; the bidder's tender bond is to be reimbursed without interest within a seven-day period from the following day the application acceptance decline ruling is delivered, while the review fee and the interest accrued shall not be reimbursed:
1.A bidder breaches stipulations set forth under Article 8.
2.A bidder's anticipated paid-in capital as stated in its application or its enterprise-plan formulation fails to reach the operation's minimum paid-in capital.
3.A bidder's documents as mandated under Paragraph 1 and 2 of Article 12 is found incomplete, or the content of entry should be deemed incomplete, or entries in its application or enterprise-plan formulation contain error or miscalculation.
4.Technologies that have been adopted for telecommunication equipment that are not those announced by the ITU or 3GPP or are those that do not include high-speed base stationtechnologies.
In the event where an applicant should fail to retroactively supplant relevant data as stipulated under Paragraph 4 of Article 12 within the prescribed deadline, the application shall be declined; its tender bond shall be reimbursed without interest within a seven-day period from the following day the application acceptance decline ruling is delivered, while the review fee and the interest accrued will not be reimbursed.
Article 15
In the instance where a bidder breaches any one ofthe stipulations set forth under all provisions of Paragraph 1, subparagraph 1 of Paragraph 2, Paragraph 3 and Paragraph 1 of Article 10, the bidder is to be revoked or abolished of the right to participate in the competitive bidding; when only being uncovered after the bid has been awarded and before the issuance of the concession license, the bidder is to be revoked or abolished or its bid award, and its bid award guarantee posted and the interest accrued shall be reimbursed without interest.
Under the foresaid circumstance, the posted tender bond, the review fee and the interest accrued will not be reimbursed, and one that has been reimbursed shall be retroactively recuperated or have the sum deducted from the bidder's bid award guarantee.
Article 16
When an applicant withdraws its application, the remitted tender bond and the review fee shall be processed as stipulated below:
1. When a bidder withdraws its application prior to the application acceptance deadline announced by the competent authority, the tender bond and the review fee shall be reimbursed without interest within a seven-day period form the following day the application withdrawal confirmation is delivered.
2. When a bidder withdraws its application before the competitive bidders list is announced, the tender bond shall be reimbursed without interest within a seven-day period from the following day the application withdrawal confirmation is delivered, while the review fee and the interest accrued shall not be reimbursed.
3. When a bidder withdraws its application after the competitive bidders list is announced, the tender bond, the review fee and the interest accrued will not be reimbursed, and of any that has been previously reimbursed, shall be subject to retroactive recuperation.