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法規名稱(Title) Regulations for Administration of the Third Generation Mobile Communications Business Ch
廢止日期(Abolished Date) 2020.02.17

  Chapter 2: Franchise for Operation

   Section 1: Application and Reviewing

Article 8
To apply for operating this business, the applicant shall be a company limited by shares and established in accordance with the Company Law. Its chairman shall have the nationality of the Republic of China. The total number of the shares held by foreigners shall comply with Paragraph 3 or 5 in Article 12 of these Regulations.
Article 9
The same applicant shall not apply for two or more than two applications of this business.
If different applicants have any of the following situations, they will be regarded as the same applicant:
1. The applicant holds more than one and half of another applicant’s voting shares, or the applicant’s investment amount exceeds one and half of another applicant’s total capital.
2. The directors of the applicants have more than one and half the same directors of another applicant.
3. More than one and half voting shares or the total capital of the applicant and another applicant are held or owned by the same shareholders.
4. Different applicants are both subordinated to a third party at the same time.
5. There are controlling and subordinating relationship exists among the controlling companies of different applicants.
The controlling and subordinating relationship as mentioned in item 4 and 5 of the preceding paragraph is referred to the relationship mentioned in item 1, 2, and 3 of the preceding paragraph.
The number of shares in item 2 shall be calculated according to Article 369-11 in the Company Act.
If one shareholder of one applicant holds the shares of the other applicant, except that its shareholding ratio in one of applicants is not restricted, its shareholding ration in any other applicants shall not exceed ten percent.
Item 1 and 5 shall also apply to the applicant before the applicant acquires the concession license after the applicant wins the bidding.
Article 10
If different applicants have any of the following situations, they will be regarded as the associated applicants:
1. One of the applicants holds the other applicant’s shares that are more than fifteen percent of the total capital of such other applicant.
2. The same shareholders hold different applicants’ shares that are more than one third of each applicant’s total capital.
The number of shares in item 2 shall be calculated according to Article 369-11 in the Company Act.
The associated applicants shall coordinate to designate one of the applicants as the qualified applicant in the time limit regulated by the authority. If the coordination cannot be completed, the qualified applicant shall be decided by a lot drawing which will take place at the time and place designated by the authority.
If the applicant decided through the coordination or the lot drawing or the applicants do not attend the lot drawing, the application shall be regarded as countermand. The reviewing fee and the accrued interest will not be refunded while the bid deposit will be refunded.
This article shall also apply to the applicant before the applicant acquires the concession license after the applicant wins the bidding.
Article 11
The applicant shall conduct the testing of receiving in the condition of the frequency regulated in Article 7. If the testing result reveals any suspicion that needs to be clarified, the applicant shall apply for information inquiry to the authority before the deadline of the application. The authority of the band of the winning bidding shall be responsible for clearing and coordinating the frequency according to related regulations.
Article 12
The applicant applying for operating the franchised businesses shall submit the following documents to authorities for application in the announced application period:
1. Application
2. Business Plan
3. A photocopy of the receipt of remittance record of bid deposit
4. A photocopy of the receipt of remittance record of reviewing fee
The business plan mentioned in the preceding paragraph shall contain the following items:
1. Operating services
2. Service districts
3. General description of telecommunications facilities:
(1) Adopting the types of IMT-2000 telecommunications technology announced by the International Telecommunications Union.
(2) The construction plan of system facilities and the schedule.
(3) System structure, movement principles, communication types, and service types.
(4) Utilization plan of radio frequency.
4. The financial structure: The estimated total capital and the total paid-in capital after the applicant wins the bidding and completes the registration of the company alternation, the estimation of the capital resources in the future five years, and the utilization plan of the capital
5. The technological capacity and the development plan
6. Charge Standards and the calculating methods
7. Personnel organization and the description of the shareholding: Copies of company license, a name list directors and shareholders who holds one percent of shares, the calculation form of the foreigners’ shareholding ratio, the report on the relationship of the subordinating companies, and the merging business report of the controlling companies
8. The scheduled date of starting operation
The contents and format that shall be provided in the documents regulated in Paragraph 1 and 2 shall be decided and announced by the authority.
In order to verify the situation of the same applicant as mentioned in Article 9 and that of the associated applicants as mentioned in Article 10, the authority may request the applicant to submit relevant supplemental documents in a time limit if necessary. This regulation shall apply to the applicant before the applicant wins the bidding and acquires the concession license as well.
After the applicant files the application according to Paragraph 1, the submitted documents will not be returned.
The bid deposit is one billion New Taiwan dollars, and the reviewing fee is 200 thousand New Taiwan dollars. After the applicant pays the bid deposit and the reviewing fee, the applicant shall not request for refund before the bidding result is announced unless other rules are stated in these Regulations.
The bid deposit and the reviewing fee shall be paid by electronic remittance to the account designated by the authority. The company name, address, and telephone of the applicant shall be written when the remittance is made.
Article 13
If any of the following situations happens to the application filed by the applicant, the remedy shall not be made, and the application will not be accepted. The bid deposit and the reviewing fee shall be refunded without interest within 7 days from the next day when the not-to-accepted disciplinary citation is arrived:
1. The application is filed after the application deadline.
2. The application or the business plan is not submitted.
3. The bid deposit or the reviewing fee is not paid according to regulations or the paid bid deposit or the paid reviewing fee is not sufficient.
Article 14
If any of the following situations happens to the application filed by the applicant, the remedy shall not be made, and the application will not be accepted. The bid deposit, the reviewing fee, and the accrued interest will not be refunded. If the above payments are refunded, they shall be reclaimed:
1. Any violation to Paragraph 1 and 5 in Article 9
2. The items contained in the application documents regulated in Article 8 to 10 are untrue or fraudulent statements.
3. The application documents are forged or altered.
4. Any conduct that will affect the fairness of the bidding, such as bid fixing.
If any of the following situations happens to the application filed by the applicant without the existence of the situations regulated in Article 13, the authority shall notify and request for remedy. If the remedy is not made or the content of the application is incomplete after remedy, the application will not be accepted. The bid deposit shall be refunded without interest within 7 days from the next day when the not-to-accepted disciplinary citation is arrived. The reviewing fee and the accrued interest will not be refunded.
Article 15
If any of the matters in Paragraph 1 and item 1 and 3 in Paragraph 2 of Article 14 happens to the bidder during the bidding process, the applicant’s right of participating the bidding will be revoked or annulled. If any of the above matters are found after the bidder wins the bidding, the winning bidding will be revoked or annulled. The paid bidding price and its interest will be refunded without interest.
For the above situation, the bid deposit, the reviewing fee, and the accrued interest will not be refunded. If they are refunded, the refund will be reclaimed.
Article 16
If the applicant withdraws the application, the paid bid deposit and the reviewing fee shall be conducted according to the following regulations:
1. If the application is withdrawn before the application deadline announced by the authority, the bid deposit and the reviewing fee will be refunded within seven days from the next day when the withdrawing application arrives.
2. If the application is withdrawn before the list of the qualified bidders is announced, the bid deposit will be refunded without interest within seven days from the next day when the withdrawing application arrives. The reviewing fee and its interest will not be refunded.
3. If the application is withdrawn after the list of the qualified bidders is announced, the bid deposit, the reviewing fee, and the interest will not be refunded. If they are refunded, the refund will be reclaimed.