Telecommunications enterprises shall comply with the following rules with respect to actual usable bandwidth:
1. Below 1 GHz (gigahertz): no more than one-third of the total bandwidth of frequencies below 1GHz that is through public bidding or auction for frequencies can be allocated by the entire telecommunications enterprise;
2. Below 3 GHz: no more than one-third of the total bandwidth of frequencies below 3GHz that is through public bidding or auction for frequencies can be allocated by the entire telecommunications enterprise;
3. Below 6 GHz: no more than one-third of the total bandwidth of frequencies below 6GHz that is through public bidding or auction for frequencies can be allocated by the entire telecommunications enterprise;
4. The actual usable bandwidth between 3300-3570 MHz (megahertz) must not exceed 100 MHz;
5. Above 24 GHz: no more than two-fifths of the total bandwidth of frequencies above 24GHz that is through public bidding or auction for frequencies can be allocated by the entire telecommunications enterprise.
The actual usable bandwidth described in the preceding Paragraph refers to all bandwidths acquired through the relocation of approved frequencies, public bidding or auction, the use of frequencies from another telecommunications enterprise and frequency sharing.
According to Regulations Governing Application and Assignment of Radio Frequency for Telecommunications Enterprises, authorized by Article 53 and stipulations in Article 54 of the Act, frequency that can be allocated to telecommunications enterprises unless otherwise provided by law, shall not be bound by the restrictions specified in Paragraph 1.
With respect to the actual usable bandwidth of telecommunications enterprise as described in Paragraph 1, the total thereof shall not be bound by restrictions specified in Paragraph 1 under the competent authority’s considerations of the following factors:
1. Frequency use efficiency;
2. Changes in market dynamics, such as business assignments, acquisitions or mergers;
3. Other major public interests.

Telecommunications enterprises that apply for the use of radio frequencies shall, upon qualification of frequency assignments according to “Regulations Governing Application and Assignment of Radio Frequency for Telecommunications Enterprises”, shall apply to the competent authority for the issuance of frequency use certificate:
1. Apply for approval letter: telecommunications enterprises that apply for the installation of public telecommunications network to use telecommunications resources in accordance with Article 37 of the Act shall apply for an approval letter for the use of radio frequencies;
2. Apply for use certificate: to use the radio frequency, the assigned shall, upon completion of the network establishment plan and approval of the operating plan, apply to the competent authority for the issuance of frequency use certificate.

Telecommunications enterprises that implement the procedures as described in Subparagraph 1 of the preceding Article shall submit an application form, radio frequency use plan, relevant qualification certification documents and documents related to the competent authority’s announcement. Upon approval of the competent authority, the approval letter for the use of radio frequency shall be issued accordingly.

Telecommunications enterprises that implement the procedures as described in Subparagraph 2 of Article 13 shall submit the following documents. Upon approval of the competent authority, the frequency use certificate shall be issued accordingly:
1. Application form;
2. An approval letter that certifies the approval of network establishment plan and operating plan.

The frequency use certificate will become invalid upon expiry thereof. The telecommunications enterprise therefore must abide by relevant regulations and announcements made by the competent authority.

The telecommunications enterprise that applies for the provision or sharing of radio frequency shall be limited to the following frequency bands:
1. 2100 MHz band: uplink 1920MHz~1980MHz; downlink:
2110MHz~2170MHz – for use in mobile voice services in circuit-switched mode only.
2. 3500 MHz band: 3300 MHz to 3570 MHz;
3. 28000 MHz band: 27000 MHz to 29500 MHz;
4. Other bands announced by the competent authority.

Telecommunications enterprises that apply for the provision or sharing of radio frequencies shall require the provider(s) and recipient(s) to submit the following documents to the competent authority to apply for an approval:
1. Application form for the provision or sharing of radio frequencies;
2. Agreement for the provision or sharing of radio frequencies
3. Provider and recipient’ frequency use plan;
4. Descriptions of the amendments made to provider and recipient’s network establishment plan and operating plans; a comparison table of before and after revision; and relevant supporting evidence;
5. For providers that are liable for the obligations incurred by the assignment of radio frequencies, descriptions of the obligation fulfillment level thereof and supporting evidence.
6. Descriptions of and supporting evidence for matters specified in Articles 19 and 20 of the Regulations;
7. Frequency interference assessment and descriptions;
8. Where there is any amendments to provider and recipient’s cyber security maintenance plan, descriptions of the said amendments; comparison table of before and after revision; and relevant supporting evidence;
9. Other matters designated by the competent authority.
The agreement described in the precedent Paragraph shall describe the following matters:
1. The band, bandwidth, region and period of the provision or sharing of radio frequencies;
2. Protective measures for consumers’ rights and interests upon expiry of the agreement;
3. Procedures for managing frequency interference.
Where the documents that are required to be provided as prescribed in Paragraph 1 is deemed to be incomplete or the content thereof is incomplete or mistaken, 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.

When deyermining whether to grant an approval as described in Paragraph 1 or 3 of Article 58 of the Act, the competent authority shall take the following factors into consideration and supplementary factors may be added thereto:
1. Assurance of the use efficiency of radio frequencies;
2. The use of radio frequencies and obligations arising therefrom;
3. Impact to fair market competition;
4. Impact to consumers’ rights and interests;
5. Records of business violations found in provider and recipient’s operations;
6. Radio frequency interference;
7. The purpose of application facilitates the development of emerging technology or service;
8. National security.

The competent authority shall examine the following matters when considering the fair market competition as described in the precedent Article:
1. Changes to the market share and concentration ratio;
2. The possibility of engaging in price or service competition;
3. The possibility of facilitating network installation and technology upgrade;
4. The possibility of creating obstacle to market entry;
5. Other factors that can affect market competition.
The competent authority shall examine the following matters when considering the impacts to consumers’ rights and interests:
1. The possibility of enhancing the overall service quality;
2. The possibility of facilitating service interoperability;
3. The possibility of increasing the diversity of services;
4. Other factors that can affect consumers rights and interest.

(Deleted)

Providers and recipients that plan to terminate the provision or sharing of
radio frequencies in advance, shall submit joint applications for approval to the competent authority within one month from six months prior to the scheduled termination date.

Providers and recipients that plan to terminate the provision or sharing of
radio frequencies in advance, or upon the expiration of the approved period for the provision or sharing of radio frequencies, shall jointly apply to the National Communications Commission for the amendments to the network establishment plan and operating plan within one month from six months prior to the scheduled termination date (or the expiration date of the approved period).

Telecommunications enterprises that apply for frequency re-alocation shall abide by provisions of Article 59 of the Act.
Upon approval of the application as described in the preceding paragraph and receipt of a letter of approval for the amendments to the network establishment plan and operating plan, the telecommunications enterprise shall submit a copy of the letter of approval to the competent authority to apply for the issuance of or amendments to the frequency use certificate.
With respect to the frequency use certificate issued to or amended by the telecommunications enterprise according to the preceding paragraph, the validity thereof shall be identical with the original approved period.