Chapter I General Provisions
These rules have been formulated in accordance with stipulations set forth under Paragraph 6 of Article 14 of the Telecommunications Act (hereinafter referred to as the Act).
The terms of these Regulations are defined as follows:
1.Mobile broadband system: refers to the operator's communications system consisting of mobile stations thatprovide mobile communications, access networks (including base stationsand their controllers), core networks (including switching equipment, softwarenetwork components, network management equipment, account management devices, etc.), and transmission networks, using the frequency allocated in accordance with Article 7, and adopting mobile communications technology protocols announced by the International Telecommunications Union (hereinafter referred to as ITU) or the ThirdGeneration Partnership Project (hereinafter referred to as 3GPP).
2."Mobile broadband operation (hereinafter referred to as the Operation)" refers to an operator that has an established mobile broadband system to offer broadband mobile communications service operation.
3."Mobile station" refers to the wireless terminal equipment mobile communications adopt.
4."Transmission station" refers to equipment installed on land that constitutes a wireless communications network for communication between mobile stations and that between mobile stations and other users.
5.High-speed base station: refers toa base stationthat provides mobile broadband communications in line with the development of generational technology, including bothfourth-generation mobile communications base stations and fifth-generation mobile communications base stations.
6.The fourth-generation mobile communications base station: refers toabase stationin whichwhenequipment specificationsof thebase stationadopt a frequency-divisionduplex mode, with the uplink and downlink bandwidths of 15 MHz, the downlink speed can reach 100Mbps or higher, or when equipment specifications adopt a time-division duplex mode, with the bandwidths of 20 MHz, the downlink speed can reach 100Mbps or higher.
7.The fifth-generation mobile communication base station: refers to a base stationin which when the equipment specificationsof the base stationadopt a frequency-division duplex mode, with the uplink and downlink bandwidths of 20 MHz, the downlink speed can reach 200Mbps or higher, or when equipment specifications adopt a time-division duplex mode, with the bandwidths of 100 MHz, the downlink speed can reach 500Mbps or higher.
8."Operator" refers to a mobile broadband service operator that has obtained a concession license in accordance with the rules.
9."User" refers to a user who has registered with the operator or signed a contract with the operator to access the mobile broadband service the operator offers.
10."Emergency telephone" refers to the telephone system reserved for reporting fire, theft and other emergencies.
11."Audiovisual content transmission platform" refers to a mobile broadband system's audiovisual medium interactive interface and audiovisual content storage equipment contained in the operator's controllable and non-open environment as an interactive platform for the user to derive content.
12."Telecommunications equipment room" refers to a facility in which the operator installs equipment required for implementing networks and providing telecommunications services.
13."Internet data center" refers to a facility in which the operator places and installs cabinets, as well as power air-conditioning and firefighting equipment. The center may be leased to a third party, managed by the operator, or provided to users to set up ITC equipment.
14."Telecommunications infrastructure" refers to telecommunications equipment and its pipeline infrastructure.
The competent authority of these rules pertains to the National Communications Commission.
An operator planning to run operations shall obtain a concession license from the competent authority, and may only begin operations upon being issued the concession license.
The competent authority shall announce the commencing and concluding time period of accepting applications to run operations.
The bottom price of the operation's operating frequency concession license shall be announced by the competent authority.
The operating region shall pertain to nationwide.
The minimum paid-in capital for operators applying to run operations shall be six billion New Taiwan dollars (NT$6 billion).
The applicant, when also operating another Type-1 telecommunications enterprise business, and said business also has a mandated minimum paid-in capital, shall have its minimum paid-in capital calculated based on the total sum of the mandated minimum paid-in capital for said service following the approval of its inception.
An operator with shareholders numbering two hundred individuals ormore shall petition with competent government securities authorities for an initial public offering within a three-month period following the registration of its inception or registration of the issuance of new shares.
An operator that intends to reduce its capital as voted at its shareholders' meeting or seeks to engage in conduct specified under Paragraph 1 of Article 185 of the Company Act shall voluntarily file the matter with the competent authority within a twenty day-period from the following day the proposal has been voted in favor at its shareholders' meeting.
Applications for a concession service shall be processed withthe following two-stage procedure:
1. Stage one: a review is made of the applicant's application, enterprise plan formulation and other qualifications and conditions.
2. Stage two: An application that satisfactorily meets the condition of the stage one review shall become an eligible bidder (hereinafter referred to as the bidder) and may participate in the bidding as stipulated; a nominated bidder shall, in accordance with Article 36, upon remitting the bid award royalties in one lump sum, or upon remitting the initial payment of the bid award royalties and post guarantee for the remainder bid award royalties and interest,apply for concession license.
The rule shall apply to the condition that any deviation from the content of the enterprise plan formulation a bidder submits, or the enterprise plan that a nominated bidder or operator submits, according to the stipulations of the rules.
Frequency segments and frequencies that may be used by concession licenses that were open for the application of mobile broadband business over the years are as follows:
1.Available from 2013:
(1)The 700 MHz frequency segment: Uplink 703 MHz to 748 MHz; downlink 758 MHz to 803 MHz.
(2)The 900 MHz frequency segment: Uplink 885 MHz to 915 MHz; downlink 930 MHz to 960 MHz.
(3)The 1800 MHz frequency segment: Uplink 1710 MHz to 1770 MHz ; downlink 1805 MHz to 1865 MHz.
(1)2500 MHz and 2600 MHz paired frequency segment: 2500 MHz to 2570 MHz and 2620 MHz to 2690 MHz.
(2)2500 MHz and 2600 MHz unpaired frequency segment: 2570 MHz to 2620 MHz
3.Available from 2017:
(1)1800 MHz frequency band: Uplink 1770 MHz to 1785 MHz; downlink 1865 MHz to 1880 MHz.
(2)2100 MHz frequency band: Uplink 1920 MHz to 1980 MHz; downlink 2110 MHz to 2170 MHz.
4.Availablefor application in 2019:
(1)1800MHz frequency band: Uplink 1775MHzto 1785MHz; downlink 1775MHz～1785MHz.
(2)3500MHz frequency band: 3300MHzto3570MHz.
(3)28000MHz frequency band: 27000MHzto29500MHz.
Frequency segments and bandwidth of foresaid frequencies are stated in Annexed table 1.