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Chapter Law Content

Chapter 5. Handling of Radio Frequency Interference
Article 29
Regarding radio frequencies that are within the same band and are under the usage conditions of not resulting in harmful interference, users must not request for protection from harmful interference as prescribed in the Table of Radio Frequency Allocations
Article 30
The emission of radio frequencies must not result in harmful interference to radio navigation and other safety communications.
Article 31
The emission of radio frequencies must not result in harmful interference to international distress frequencies.
The international distress frequencies as described in the preceding Paragraph include 490 kHz (kilohertz), 518 kHz, 2.182 MHz, 2.1875 MHz, 121.5 MHz, 156.525 MHz, 156.8 MHz, 406.1 MHz and other distress, warning, emergency or safety signals.
Article 32
The emission designation and used bandwidth of radio frequencies shall comply with Appendix 2 “Classification of Emission Designation and Necessary Bandwidths”.
Article 33
The emission of radio frequency shall be as precise and stable as possible, and shall conform to the requirements stated in Appendix 3 “Table of Transmitter Frequency Tolerances”.
Article 34
Emission of radio frequency shall conform to the requirements stated in Appendix 4 “Table of Maximum Permitted Spurious Emissions Power Levels”.
Article 35
Damped waves shall be forbidden in the emission of radio frequency.
Article 36
Any emission that can harm legal radiocommunications shall be deemed as interference.
Article 37
In order to prevent and reduce interference, users shall pay attention to and adhere to the following rules:
1. Avoid unnecessary communications and superfluous signals;
2. Pay special attention to possible interference when selecting the location of installing radio equipment;
3. Effective use of directional antenna so as to reduce transmission towards undesired directions;
4. The smallest bandwidth shall be chosen for type of emission of the radio equipment;
5. Avoid radio receivers being placed too close to the equipment that produces radio frequency;
6. Avoid poorly designed radio reception equipment;
7. Avoid inadequate grounding of radio equipment;
8. Adequate safeguards and proper grounding must be adopted in the manufacturing, installation and use of various communication and non-communication equipment to avoid interference to radiocommunications;
9. The receiver shall be installed with an additional frequency filter whenever necessary.
Article 38
To avoid interference, users must not carry out any of the following acts:
1. The emitted frequency and power of radio equipment do not conform to the assignment of the competent authority;
2. The radio equipment produces spurious (including harmonic) emission that does not conform to the regulations;
3. The radio equipment does not conform to technical specifications;
4. Other factors that can harm legal radiocommunications.
Article 39
The following circumstances shall be deemed as illegally using radio frequency to interfere with legal radio communications:
1.Use equipment of legal radiocommunications system to receive perceivable sounds or images of illegally used radio frequency;
2.Use measuring equipment to measure identifiable messages of illegally used radio frequency, which can affect system operations, in the legal radiocommunications system;
3.In more than five different points within the transmission radius of the antenna of radio stations, the electric field strength between illegally used radio frequency and legal station exceeds any of the following standards: 34 dBuV/m (decibel microvolts per meter) for a co-channel; 48 dBuV/m for a first adjacent channel; 64 dBuV/m for a second adjacent channel; or 74 dBuV/m for a third adjacent channel
4.The electric field strength of illegally used radio frequency has been measured using the equipment of the National Communications Commission’s fixed monitoring station, where the electric field strength of frequency between 9 kHz and 174 MHz exceeds 80 dBuV/m, or that of frequency between 174 MHz and 3 GHz exceeds 94 dBuV/m.
Article 40
Subparagraph 1 to Subparagraph 3 of the preceding Article may be applied mutatis mutandis to the determination of interference between radiocommunications stations, unless otherwise specified by laws.
Electric field strength of radiocommunications that exceeds Subparagraph 4 of the preceding Article shall be deemed as interference.
In regard to applications of establishing a new station or relocating the station, if the electric field strength exceeds the standards as prescribed in Subparagraph 4 of the preceding Paragraph, the National Communications Commission shall require the user to submit a plan outlining improvement procedures.
An application of users that fail to submit an improvement plan as prescribed in the preceding Paragraph, the National Communications Commission shall be rejected.
Article 41
Those that use radio equipment to emit radio frequency and result in interference shall undertake corrective action using effective technology upon receipt of the National Communications Commission’s notification. Whenever necessary, the user shall suspend the operations of said equipment. Where the interference cannot be eliminated, transmissions must cease immediately.
Article 42
Users that apply to the National Communications Commission to coordinate and handle radio frequency interference in accordance with Article 63 of the Act, or declare that an illegally established Radio Station uses the frequency shall, prior to the submission of complaint, determine the source of interference or the location and used frequency of Radio Station; and submit “Radio Frequency Interference and Illegal Use Complaint Form” and relevant documents. The complaint shall be handled in accordance with the following procedures:
1.Complaints concerning interference to military communications shall be accepted, checked and excluded by Ministry of National Defense. Where the source of interference signal cannot be verified, users may contact the National Communications Commission for investigating the source of interference and resolving actions to handle the interference.
2.Complaints concerning interference to non-military communications and interference complaints from overseas shall be accepted, checked and excluded by the National Communications Commission. Where the source of interference signal cannot be verified, users may contact the Ministry of National Defense for resolving actions.
Article 43
Where used radio frequency is interfered, the radio frequency assigned by the competent authority shall be protected.
In cases where interference cannot be eliminated between legal radiocommunications, the competent authority may, upon application, allocate additional radio frequencies for their use.
Where the source of interference is from overseas, the competent authority may request the assistance of the National Communications Commission to conduct interference detection, and shall collect relevant information and handle the issue in accordance with ITU Radio Regulations.
Article 43-1
The principles of the National Communications Commission for handling interference are as follows:
1.Interference occurring between military and non-military radiocommunications shall be coordinated and handled by the Ministry of National Defense and the National Communications Commission.
2.Where the measurement of radio frequency is disputable, the results of measurements undertaken by the National Communications Commission shall be taken as the criterion.
3.Where interference occurs between domestic and foreign users, the National Communications Commission shall coordinate with relevant units to solve the problem if the emission site or interference source is within the country.
Article 44
The National Communications Commission shall handle the interference according to the following priorities and order:
1.Military radio frequency shall be deemed highest first priority in the mobilization implementation phase;
2.Aviation or vessel safety mission;
3.Disaster prevention and rescue mission;
4.Importance of the nature of business;
5.Radio frequency assigning date.
Article 45
In the case of interference when using legal radio frequency and no improvement has been made despite the National Communications Commission’s attempt at coordination, the National Communications Commission may order related users to change the time and location of using the radio frequency; adjust the antenna transmission direction and power; or adopt other appropriate methods in accordance with Paragraph 2 of Article 63 of the Act. When necessary, the competent authority may be consulted for assistance.
During the coordination as described in the precedent Paragraph, the National Communications Commission may order the user to cease using the frequency depending on the severity of interference.
Chapter 6. Supplementary Provisions