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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
公發布日期(Announced Date) 2020.07.09

  Chapter 4 Management of Establishment and Use

Article 31
The network examination approval certificate for a technical experiments and research and development telecommunications network is valid for no more than one(1)year.
When there is still a need for conducting experiment, research and development after the certificate in the preceding paragraph expires, the applicant or administrator shall state reasons and submit the establishment proposal for the next stage to the competent authority for renewal one(1)month prior to the expiration. Upon approval for the renewal, the competent authority shall issue a new network examination approval certificate.
For the application for renewal of network examination approval certificate in the preceding paragraph, the competent authority shall reject the application should either of the following occurs:
1. Failure to submit the application for renewal of network examination approval certificate within the period specified in the preceding paragraph;
2. ailure to correct or to provide all information required after being informed of incomplete application package and asked for correction by a given deadline.
For the application for renewal of network examination approval certificate in Paragraph 2, the competent authority shall reject the application should either of the following occurs:
1. No new experiment items and no need to continue current experiment items;
2. Noncompliance with Article 4.
The renewed network examination approval certificate in Paragraph 2 is valid from the next day of expiration of the former license.
Article 32
The network examination approval certificate for a commercial experiments and research and development telecommunications network is valid for no more than six(6)months.
Paragraphs 2 through 5 of Article 31 shall apply mutatis mutandis to the renewal of expiring network examination approval certificate mentioned in the preceding paragraph and only one(1)renewal shall be granted.
Article 33
When making a change to the establishment proposal, the applicant or administrator shall state the reasons and submit the changed proposal and information to the competent authority for approval. On passing the examination by the competent authority, the change of network establishment shall be approved or network establishment approval certificate renewed. However, if the change only involves the relocation of the radio station, and the coverage of the radio wave does not exceed the original approved area, the applicant or administrator can be exempt from attaching the revised establishment proposal and the comparison information for the review of the competent authority in accordance to Paragraph 1, Article 29.
If the change specified in the preceding paragraph falls under any one of the following circumstances, the reasons shall be stated and the revised establishment proposal and the comparison information shall be attached to the competent authority for reference:
1. Change of the network communication method or system architecture.
2. Suspended use of some radio stations.
If the change specified Paragraph 1 is a change in the service agreement or contract that is not related to the charge, or an addition of a radio station whose radio wave coverage does not exceed the original approved area, and it belongs to a technical or commercial experiments and research and development telecommunications network using an experimental frequency in a specific experimental field, the reasons may be stated and the revised establishment proposal and the comparison information shall be attached and submitted to the competent authority for reference.
If the change specified in Paragraph 1 is in compliance with the provisions of Paragraph 6, Article 12, the competent authority may re-issue a license certificate and exempt the review fee and license fee.
If the change specified in Paragraphs 2 and 3 involve the changes in the network examination approval certificate, the applicant or administrator shall apply to the competent authority for renewal of certificate.
The expiration date of network examination approval certificate as stipulated in Paragraph 1, Paragraph 4, and the preceding paragraph shall be the same as that of the original certificate.
Article 34
The radio station license and network examination approval certificate for a technical or commercial experiments and research and development telecommunications network shall not be transferred, leased or lent to the third party.
An application for reissuance with the reason(s)specified shall be submitted to the competent authority for lost or damaged license or certificate mentioned in the preceding paragraph; an application for renewal shall be submitted for changes of information provided in the license and certificate.
The expiration date of the reissued or renewed license and certificate in the preceding paragraph shall be the same as that of the previous ones.
Article 35
The telecommunications service of commercial experiments and research and development telecommunications network provided by an administrator shall not commence until it is approved by the competent authority and the service contract is signed with subscribers.
No fee shall be charged to subscribers until the administrator has signed service contract with subscribers as mentioned in the preceding paragraph.
Article 36
The administrator shall conclude the terms of service agreement for the services provided in accordance with the establishment proposal approved by the competent authority, which shall come into effect after a public announcement; the same shall apply to changes.
The agreement set forth in the preceding paragraph shall clearly state that the services to be used are temporary and experimental, and that the subscribers have no obligations to subscribe to any telecommunications services operated by the administrators in the future. In addition, subscribers shall not use the services to conduct commercial action for profit specified in Paragraph 4, Article 5.
If administrators charge subscribers and formulate service contracts, the service contract template shall be incorporated into the service agreement and comply with the following provisions:
1. The bills for notifying subscribers of the payment shall provide the details of payment; the billing period shall not exceed one(1)month except for the advance receipt or the written consent of both parties.
2. Payment receipts shall be provided after payments are received from subscribers.
3. A mechanism shall be provided that allows subscribers to access payment details and settle service disputes.
4. Subscribers shall not be charged for services that subscribers have not agreed to use in writing consent.
The items, standards and refund conditions and methods for the administrator to charge subscribers shall be reported to the competent authority for reference before implementation, and shall be fully disclosed in the appropriate manners such as media, websites and announcements of various business premises; the same shall apply to changes or cancellation.
The charge items specified in the preceding paragraph include various items that use the services provided by the commercial experiments and research and development telecommunications network. The item name shall be marked with text "commercial experiments and research and development telecommunications network." Should it be deemed that consumer rights or fair competition have been hindered, the NCC shall require corrective action to be undertaken within a prescribed period.
If a subscriber violates the provisions of Paragraph 4, Article 5 for profit-seeking actions, administrators shall immediately stop providing the service.
Article 37
A technical and commercial experiments and research and development telecommunications network shall not interconnect with any network of telecommunication enterprise or broadcasting and television enterprise. However, this does not apply to any of the following:
1. Emergency communications for land, marine and air transportation distress and rescue, and the traffic safety of meteorology for aviation.
2. The necessity of conducting emergency communications to maintain national security, public order or public interests.
3. Communications in order to cooperate with the relief operations of natural disasters, incidents or emergency situations.
4. Others approved by the competent authority.
The administrator and telecommunications business of interconnection shall negotiate and reach an agreement on the network interconnection in the preceding proviso.
Article 38
Should any of the following occur to an applicant, the competent authority may revoke or withdraw the network establishment approval in addition to the punitive measure in accordance with these Regulations:
1. Violation of Paragraph 1 of Article 34;
2. False information or document provided in the application package;
3. Concern of endangering personal safety and property or violation of public order, good social customs or national security that has been asked by the competent authority for sufficient corrective actions but failed to correct by the given deadline.
Should any of the following occur to an administrator, the competent authority may revoke or withdraw the network examination approval certificate in addition to the punitive measure in accordance with these Regulations:
1. Violation of Article 5;
2. Violation of Paragraph 1 of Article 34;
3. Violation of Paragraph 1 of Article 37;
4. False information or document provided in the application package;
5. Concern of endangering personal safety and property or violation of public order, good social customs or national security that has been asked by the competent authority for sufficient corrective actions but failed to correct by the given deadline.
6. Failure to conduct according to the approved establishment proposal that is deemed by the competent authority as a major violation.
Article 39
When terminating network operation prior to the expiration of network examination approval certificate, the administrator shall report to the competent authority with reasons for future reference one(1)month prior to the scheduled termination date and the competent authority shall revoke the network examination approval certificate.
Where the application for renewal of network examination approval certificate expires is not submitted as the certificate expires or the competent authority revokes the network examination approval certificate, the applicant shall stop the establishment or operation of the network and radio frequency and remove all equipment established immediately.
For the equipment removed in the preceding paragraph, the Administrative Regulations Governing the Manufacture, Import, and Application of Controlled Telecommunications Radio-Frequency Devices shall apply to the storage, supervised destruction or transfer of the radio equipment or regular reporting of its whereabouts, usage or status, except those on lease, on loan or otherwise stipulated by law.
Administrators that charge subscribers a fee shall inform subscribers one(1)month prior to the date of the scheduled termination of the use of the network, stating the content and manner in which subscribers may exercise their rights and interests. In addition, the experiment termination plan shall be submitted to the competent authority for reference.
The following information shall be provided in the termination plan specified in the preceding paragraph:
1. Refund measures for security deposits and overpayments.
2. Specific implementation action to notify user.
3. Other measures concerning consumer protection.
Article 40
Fees charged by the administrators to subscribers shall be refunded in principle of good faith and fairness, as well as the content of the service contract in case that the network examination approval certificate is revoked by the competent authority or the charged service is no longer provided.
Article 41
Administrators shall submit a report to the competent authority on the achievements of network utilization in one(1)month of the day to terminate network utilization, including parameters or data of each measurement, records, statistics, and analysis, and suggestions for policy or regulatory amendments.
The results reported by administrators of commercial experiments and research and development telecommunications networks shall include commercial verification results in addition to those specified in the provisions of the preceding paragraph.
With a requirement to monitor telecommunications activities, the competent authority may disclose the achievements of network utilization submitted by administrators.
Article 42
The competent authority shall, in consideration of the experimental actions being conducted, review and amend relevant laws and regulations in a timely manner. If it involves cross-institutional(organizational)cooperation, it shall be transferred to the relevant authorities(organizations).
Article 43
Administrators shall take necessary measures, to ensure not to interfere with legally established telecommunications networks and radio stations; should interference occur, the competent authority shall order administrators to stop operating temporarily; the competent authority shall revoke the approval of the network establishment or network examination approval certificate of those that do not adhere to the said order.