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法規名稱(Title) Regulations for Administration of Mobile Communications Businesses Ch
廢止日期(Abolished Date) 2019.01.22

  Chapter 2: Operation Authorization

   Section 2: Application and Review

Article 13
Applicants are limited as the corporation established under the Corporation Act, or the establishment institute of limited liability corporations, the chairman of the board should have the nationality of Republic of China, R.O.C., the amount of foreign stockholders should comply with the limitations of the Telecommunications Act.
The minimum of the capital amount that a company shall receive actually in the preceding paragraph shall conform to the following regulation respectively pursuant to a type of business:
1. Digital Low-Power Wireless Telephone Business: Two Hundred Million New Taiwan Dollars.
2. Trunking Wireless Telephone Business:
(1) Northern Region, Central Region and Southern Region: Twenty Million New Taiwan Dollars.
(2) All Regions: Sixty Million New Taiwan Dollars.
3. Mobile Data Communication Business:
(1) Northern Region, Central Region and Southern Region: Fifty Million New Taiwan Dollars.
(2) All Regions: One Hundred and Fifty Million New Taiwan Dollars.
4. Radio Paging Business:
(1) Northern Region, Central Region and Southern Region: Two Hundred Million New Taiwan Dollars.
(2) All Region: Four Hundred Million New Taiwan Dollars.
5. Mobile Telephone Business:
(1) Northern Region, Central Region and Southern Region: Two Billion New Taiwan Dollars.
(2) All Regions: Six Billion New Taiwan Dollars.
The same operator shall propose to apply for each business separately in accordance the opening announcement promulgated by authority. For an operator who obtains the permission of operation over two businesses through the legal procedure, its minimum paid-in capital shall be separately calculated upon approval for establishment, if such other businesses are subject to the minimum paid-in capital restriction, and the same as an applicant who simultaneously engages in other Type I telecommunications businesses
Article 13-1
After paid-in capital exceeds the minimum capital amount (inclusive) prescribed in the foregoing article and the number of shareholders exceeds 200 persons, the operator must apply to the securities management agency for public issuance procedures within three months after its establishment registration or new stock issuance change registration.
If an operator reduces its capital pursuant to a resolution of its shareholders meeting or engages in the actions specified in Article 185, Paragraph 1 of the Company Law, it shall report said actions to the competent authority for future reference within 20 days of the day after the shareholders meeting resolution.
Article 14
The same applicants shall not apply for two or more than two of business with the same type; if the same stockholders or warrant persons who hold stocks of different applicants shall reach up to fifty percent of capital stocks in total for each of that applicant, each different applicant shall be considered as the same.
If one stockholder or warrant person of applicants hold stocks of other applicants with the same type business at the same time, the stock ratio held by stockholders or warrant persons shall not be limited in one of applicants and shall not exceed ten percent in the rest of the applicants.
Article 15
Those who apply to operate this business with special authorization shall provide and attach the following documents to propose to the authority for applications:
1. Application.
2. Business Proposal.
3. A Certificate of Financial Capability.
4. Other related documents of provisions.
Article 16
A Business Proposal established by Paragraph 2 of Preceding Article shall specify the following items:
1. Business Items.
2. Business Regions.
3. Communication Type.
4. Profile of Telecommunications Equipment:
(1) Establishment Schedule of system equipment, quantity of base stations decided to establish and frequency channel number of each base station decided to establish (including detailed illustrations of distribution area, decided address of base station, coordinate of longitude and latitude, antenna altitude, effective radiation power, range of forecast service and electric field intensity at their boundaries).
(2) Manipulation proposal and spectra of radio frequency shall achieve its efficiency analysis. A manipulation proposal of frequency shall include service function, traffic information analysis and number of mobile station predicted to load bearing.
(3) System framework and operation principles.
(4) Service type that its system can provide.
(5) Operating Band, Bandwidth, Maximum Transmission Power, Modulation Type and transmission spectra, harmonics, mixed wave as well as antenna performance.
(6) Transmission power that can be varied shall illustrate the deviation range of transmission power and deviation criteria.
(7) Standards of Air Interface.
(8) For the interface standard, decided interface point and interface requirement connected with other Telecommunications network; that interface standard shall adopt interconnection of the technical standard promulgated by the authority, national standard, international standard or incumbent Telecommunications system in sequence.
(9) System Standardization and development situation of future technical development.
(10) Those that system manufacture and use are involved in patent rights shall propose the related certificates.
(11) The situation of system used around the world.
5. Financial Structure:
(1) A founded company shall propose a fiscal form in the late three years, which includes a table of asset debt, loss and profit, variation for stockholder’s rights and interests, cash flow as well as annotation or attached table.
(2) An establishing company shall propose a name list of the founders, the constitutions agreed and established by the whole founders, a name list of stockholders as well as the minimum paid-in capital that shall receive.
(3) The fund source predicted in future five years and a manipulation proposal of fund.
(4) To pre-estimate and draw up within five years in the future, a table of asset debt, loss and profit as well as cash flow.
(5) Format for stocks held by foreigners or a calculation table of warrant ratio shall be stimulated by the authority.
6. Technical Power and Development Proposal:
(1) Executives’ professional knowledge and work experience in Telecommunications.
(2) Allotment of professional technician personnel.
(3) Engineering design and maintenance illustrations, including system design, establishment and maintenance proposal.
(4) Personnel Training Proposal.
(5) Research Project .
(6) Five years and ten years of business promotion proposal and decided target, including a forecast of market scale, the ratio of share market, the number of predicted subscriber, business promotion and market survey.
7. Fee criteria and calculation method.
8. Personnel and organization structure: Company Constitutions, A Name List of Trustees, Supervisor and Executives as well as A Name List of Stockholders holding more than 5% of stocks.
9. Scheduled date for commencement of operation.
10. Related measures to guarantee consumer’s rights and interests.
11. Other items shall be specified.
The documents stipulated in the preceding paragraph shall record the items and format established and promulgated by the authority.
If the submitted documentation as referred to in the preceding paragraph is incomplete or the content is insufficient, the supplement and correction shall be made within the specified period stated in the notice of deficiency by the authority. If no supplement or correction is made after such notice or if the application is still incomplete or the information is still insufficient as of the end of the specified period for supplement and correction, the application shall not be accepted or reviewed.
Article 17
The authority shall not accept an application in one of the following circumstances:
1. Those that violated Article 13 and Article 14.
2. Applicants’ founders, trustees and executives who occur one of subparagraph of Article 30 in Corporation Act.