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Chapter 3. Use and Management of Frequencies for Telecommunications Enterprises
Section 1. Frequency Assignments
Article 12
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.
Article 13
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.
Article 14
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.
Article 15
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.
Article 16
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.