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法規名稱(Title) Administrative Regulations Governing the Establishment and Use of Dedicated Telecommunications Network for Research and Development Purposes Ch
修正日期(Amended Date) 2024.11.14

  Chapter 2 Application and Review

   Section 1 Technical experiments and research and development telecommunications network

Article 7
Those that apply to establish a technical experiments and research and development telecommunications network shall be limited to a maximum of 100 subscribers. However, this does not apply to those that are approved by the competent authority herein.
Article 8
Those that apply to establish a technical experiments and research and development telecommunications network shall prepare the following documents and their electronic files (in PDF or ODF format) and submit them to the competent authority:
1. Application form for the establishment and use of a technical experiments and research and development telecommunications network.
2. Network establishment plan.
3. Photocopy of the frequency use certificate issued by the Ministry of Digital Affairs.
4. Photocopy of the planning documents for the application to use radio frequencies.
5. Other documents required by the competent authority.
Article 9
The network establishment plan under Subparagraph 2 of the preceding article shall include the following:
1. The purpose of establishment and geographical scope.
2. Experimental items and methods.
3. The geographical scope and the approved period of the establishment, the number of subscribers, method of collecting equipment deposits, and reasons.
4. Terms of service agreements or contracts for the subscribers.
5. Network stability, security, ability of operation maintenance, methods of network communication and a diagram of system configuration; and a diagram of interconnection configuration if interconnecting with other networks.
6. Development project, schedule and expected costs of network system; and the document proving the authorization of network use by the network provider for those that are self-developed;
7. A concrete plan on research, development, testing or the collection of related data.
8. A concrete plan to cooperate with domestic industries, authorities and academic circles.
9. The frequency, bandwidth and power of used radio frequency.
10. Cyber security plan; and cyber security responsibility level shall be stated and cyber security maintenance plan provided for those specified by the Cyber Security Management Act.
11. The telecommunications equipment to be used shall comply with the national security considerations of relevant authorities.
12. Response measures in the event of interference.
Article 10
The following examination criteria shall apply to the applications for the establishment and use of technical experiments and research and development telecommunications network received by the competent authority:
1. Whether the purpose of establishment and geographical scope comply with the specifications in frequency allocation related documents;
2. Whether the use period, subscribers' conditions of use, number of subscribers, and method of collecting equipment deposits are reasonable;
3. Whether the network development and the development schedule are feasible; this does not apply to those that are not self-developed;
4. Whether there is the ability of network stability, security and administrator maintenance;
5. Whether the network establishment plan violates provisions of the Regulations;
6. Whether response measures in the event of interference are feasible;
7. Whether the used radio frequency, bandwidth and power comply with the specifications in the frequency use certificate;
8. Whether appropriate and sufficient cyber security measures are taken to ensure the security of information collection, processing, use and transmission;
9. Whether telecommunications equipment used is in of consideration of national security.
The competent authority may delete part of the items or contents in the network establishment plan for the applications for the establishment and use of technical experiments and research and development telecommunications network.
Article 11
The application for the establishment and use of technical experiments and research and development telecommunications network shall be rejected should any of the following occur:
1. Failure to comply with the requirements for the purpose of establishment specified in Paragraph 1 of Article 4;
2. Failure of the network establishment plan to qualify.
Article 12
Once the application for establishing a dedicated telecommunications network for research and development passes the competent authority’s document review, the competent authority shall issue an approval letter for the establishment of network accordingly.
The applicant or administrator shall establish the network in accordance with the approved network establishment plan.
Article 13
The approval of technical experiments and research and development telecommunications network establishment shall be valid for six (6) months.
Where the applicant fails to establish the technical experiments and research and development telecommunications network by the given deadline, an application for extension with appropriate justification may be submitted to the competent authority at least one (1) month before expiration; the extension shall be valid for three (3) months and only one (1) extension shall be granted.
The applicant shall specify the reason(s)and provide a list of radio stations established or information of network overview to the competent authority for reference on the termination of establishment during the approved establishment period, whereby the competent authority shall withdraw the approval of network establishment.
Where the network is not established prior to the expiration of the network establishment approval or in the case where competent authority revokes the network establishment approval, the applicant shall cease the establishment and remove all equipment that has been established immediately.
Article 14
Where the technical experiments and research and development telecommunications network is established according to the approved development schedule, the applicant shall submit a network security self-evaluation and test report to the competent authority for the application for network approval certificate.
Article 15
The following information shall be provided on the network approval certificate for technical experiments and research and development telecommunications network:
1. Name of telecommunication network established, name and address of administrator;
2. Type of telecommunications network established;
3. Geographical scope of establishment;
4. Conditions or number of subscribers;
5. Frequency band(s)used;
6. Expiration date;
7. Date of certificate issuance.

   Section 2 Commercial experiments and research and development telecommunications network

Article 16
Those that apply to establish a commercial experiments and research and development telecommunications network shall prepare the following documents and their electronic files (in PDF or ODF format) and submit them to the competent authority for application:
1. Application form for the establishment and use of a commercial experiments and research and development telecommunications network.
2. Network establishment plan.
3. Photocopy of the frequency use certificate issued by the Ministry of Digital Affairs.
4. Photocopy of the planning documents for the application to use radio frequencies.
5. Document of performance bond when prepaid fees are planned to be charged to subscribers.
6. Other documents required by the competent authority.
Article 17
The network establishment plan mentioned in Paragraph 2 of the preceding Article shall, in addition to applying the provisions of Article 9 mutatis mutandis, specify the terms of service agreements for subscribers, defining the conditions for using the services and subscriber-end equipment, and the rights and obligations of both parties. If charges are planned, a service contract shall be established separately in accordance with the principles of good faith and fairness.
If prepayment is adopted for fees specified in the preceding paragraph, one of the following methods shall be specified in the service contract to provide a performance bond at least equivalent to the total amount of the prepaid fee(guarantee of refunding the proceeds):
1. Full performance bond provided by domestic banks.
2. Domestic banks' trust accounts.
The performance bond specified in the preceding paragraph shall specify the scope of responsibility.
Article 18
The provisions of Article 10 shall apply mutatis mutandis to the competent authority’s review of the commercial experiments and research and development telecommunications network, and the following review criteria shall be added:
1. Whether the purpose of business verification is met and its necessity.
2. The completeness of subscriber rights protection measures and the appropriateness of the performance bond content.
Article 19
When applying for the establishment of a commercial experiments and research and development telecommunications network, the provisions in Articles 7, and 12 to 15 shall apply mutatis mutandis to the number of subscribers, the implementation of the network establishment plan, certificate issuance, matters to be specified on the certificate, the valid period for accepting the application and establishment approval, as well as the handling of extensions and terminations.
Article 20
Applications for the establishment and use of a commercial experiments and research and development telecommunications network falling under any one of the following circumstances shall not be approved:
1. Those that do not adhere to the regulations on the establishment purpose specified in Paragraph 2, Article 4.
2. Telecommunications services that have been available for public communications.
3. A dedicated telecommunications network of the same applicant that has been granted the approval for the same purpose of business verification.
4. Failure of the network establishment plan to qualify.
Different applications shall be deemed as coming from the same applicant if they fall under any one of the following circumstances:
1. The applicant holds more than half of the total number of issued shares with voting rights of another applicant.
2. More than half of the applicant’s directors are the same as that of another applicant.
3. More than half of the total number of issued shares with voting rights of the applicant and another applicant are held or funded by the same shareholders.
4. Different applicants are also subordinate companies of a third party.
5. There is control and supervisor- subordinate relationship between control companies of different applicants.
The control and supervisor-subordinate relationship mentioned in Subparagraphs 4 and 5 of the preceding paragraph refers to the relationship specified in Subparagraphs 1, 2 or 3 of the preceding paragraph.
The method of calculating shareholding in Paragraph 2 shall be handled in accordance with the provisions of Article 369-11 of the Company Act.