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Chapter 2. Use and Management of Radio Frequencies
Article 7
The application of radio frequency assignments shall comply with the uses described in “Table of Radio Frequency Allocations of the Republic of China” (hereinafter referred to as the Table of Radio Frequency Allocations) or announcements by the competent authority. If no relevant description is found in the Table of Radio Frequency Allocations or announcements of the competent authority, the competent authority may reject the application.
Article 8
For an applicant for radio frequency assignment (hereinafter referred to as the Applicant) in accordance with Paragraph 1, Article 56 of the Act, the eligibility for application, documents submitted, matters for review, frequency usage period and conditions for abolition of frequencies are set out in Appendix 1.
If the application as stated in the preceding paragraph only involves a change in the radio frequency use plan, it should be accompanied by the radio frequency use plan and a document for a comparison between the new and the old versions, while the other documents are not required.
Radio frequencies may only be used upon receipt of a frequency use certificate issued by the competent authority after approving the applications prescribed in Paragraphs 1 and 2.
Article 9
In addition to the preceding provision, the Applicant that applies for frequency assignments in accordance with Paragraph 1 of Article 56 of the Act shall submit an application form and, according to the intended use, provide supportive evidence and documents. In the case of any amendments, the same rules shall be applied.
The application form as described in the preceding Paragraph shall specify the following matters:
1. The purposes and necessity of frequency use;
2. The radio frequency use plan: including the radio wave coverage, radio frequencies used in different areas, bandwidth and emission power level. The radio wave coverage shall be noted on a topographic map or e-map detailed with longitude and latitude information.
3. The radio station establishment plan and quantity list.
4. Necessary plans to prevent interference.
5. Any other documents designated as by the competent authority.
Where the documents that must be provided as prescribed in Paragraph 1 or the content thereof is deemed to be incomplete, the competent authority shall notify the Applicant to undertake corrective action within a prescribed period. If the Applicant fails to do so or the provided information remains incomplete, the application shall be rejected.
Where the competent authority approves the application prescribed in Paragraph 1, a frequency use certificate shall be issued accordingly.
Article 10
The competent authority shall examine the following matters when reviewing the application of or amendments to frequency assignments as described in the precedent Article:
1. Compliance with the provisions of Table of Radio Frequency Allocations;
2. Compliance with the radio frequency supply plan;
3. Compliance with provisions related to “International Telecommunications Convention” or “International Radio Regulations”;
4. No harmful interference with assigned frequency;
5. No harmful interference with frequencies planned or registered by International Telecommunication Union (ITU);
6. The technology and efficiency of adopted radio technology;
7. The secondary use frequencies specified in the Table of Radio Frequency Allocations do not interfere primary use frequencies.
Where the frequency assignment application described in the preceding Article is not granted after the review, the competent authority may make assignments separately or reject the application.
Article 11
Regarding frequencies for which assignments are applied in accordance with Paragraph 1 of Article 56 of the Act, the Applicant may re-submit the application according to this Chapter within the first two months, three months prior to the expiry of the frequency use certificate.
Asides from matters specified in Paragraph 1 of the preceding Article, the competent authority shall examine the following matters in regard to the application described in the preceding Paragraph. In a case where the Applicant fails to pass the examination, the competent authority shall reject the application thereof.
1. Fails to use frequency resources effectively;
2. Serious violation of regulations;
3. Frequent interference to other legal users
4. Other major deficiencies or failure to undertake corrective action upon receipt of the competent authority’s notification.