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法規名稱(Title) Regulations for Administration on Type II Telecommunications Business Ch
修正日期(Amended Date) 2017.04.13

  Chapter 2 Permission of Operation

Article 4
To operate a Type II Telecommunications Business, an applicant must submit an application together with its business plan and other related documents required to Competent Authority for approval. The operation may be commenced only upon the completion of the applicant’s registration of the company or business in accordance with other applicable laws, and upon issuance of the license by the Competent Authority.
The application mentioned in the preceding paragraph shall include the following subparagraphs :
1.The name and domicile of the applicant: if the applicant is a juridical person, the name of its representative and its principle office shall also be included; if the applicant is a sole investor, the name and address of investor or responsible person shall be included; if the applicant is a joint-venture; the name and address of the business partner(s) shall be included.
2. Operating Item;
3. Service Area;
4. Mode of Communications; and
5. Outline of telecommunications facilities.
A business plan mentioned in the Paragraph 1 of a Type II Telecommunications Business shall include the following subparagraphs:
1. Network or system structure chart; location of the telecommunications facilities site, outline of telecommunications facilities in every developed area provided in the proposal;
2. The expected operation date;
3. The operator that would like to cooperate with the domestic operators and provide the prepaid telephone card resale service or public pay phone resale service, shall submit the cooperation agreement and relevant documentation with the domestic operators;
4. Those who apply to run Mobile Virtual Network Service shall provide and attach the documents related to the agreements with Mobile Network Business Operators. The agreement documents shall specifically record the practical cooperative contents by two parties about how to fulfill the related regulations in Communication Protection and Surveillance Act and how to ensure the providing of services established by Paragraph 3 in Article 16-1.
5. The operator that should implement telecommunication surveillance system according to Communication Protection and Surveillance Act shall submit the construction plan of telecommunication surveillance system agreed upon by the authority in charge of telecommunication surveillance.
6. Other documents requested by the Competent Authority.
An operator providing E.164 Internet Telephony Service may provides Non-E.164 Internet Telephony Service, whose permit fee, network interconnection, provision of number portability service and emergency telephone services and the related obligations shall be pursuant to the rules of the E.164 Internet Telephony Service.
An operator shall obtain the license of E.164 Internet Telephony Service in Taiwan to provide the Internet Telephony Service whose E.164 number is allocated by foreign authorities.
To provide the aforementioned service in the preceding paragraph, an operator must submit the documents relating to provision of free emergency telephone service in Taiwan, i.e. 110 and 119, method of information verification for those customers whose E.164 numbers are allocated by foreign authorities and assistance of enforcing lawful interception in Taiwan to the Competent Authority for approval.
Article 5
With respect to the application for operating a Type II Telecommunications Business, if the submitted documentation is incomplete or if the information provided is insufficient, supplement and correction shall be made within the specified period stated in the notice of deficiency by the Competent Authority. If no supplement or correction is made by the applicant 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 6
With respect to the application for operating a Type II Telecommunications Business, the Competent Authority shall issue a letter evidencing its permission if the documentation provided by the applicant in accordance with Article 4 is consistent with the scope of business applied for by the applicant.
Article 7
With respect to the application for operating the Type II Telecommunications Special Business, the applicant shall complete the company or business registration as well as the construction of the network system within six months upon receipt of the certificate of approval, and after an applicant passes the inspection, the Competent Authority shall issue license (hereinafter “license”) and a system construction chart; however, the Competent Authority, when deemed necessary, may request the operator to resume to apply for inspection according to the amended Technical Guideline, its inspection items and effective dates announced by the Competent Authorities.
The applicant shall submit the following documentation to the Competent Authority for applying inspection mentioned in the preceding paragraph:
1. The application form of system inspection.
2. The copy of permission letter and system construction chart.
3. Certificate of the company or business registration.
4. The certificate of senior Telecommunications engineers.
5. Installation diagrams of every engineering work site and every floor.
6. The copies of the license, the construction permit or the registration certificate issued by the regulated agency if the telecommunication materials are stipulated as regulated materials.
7. The operator that should implement telecommunication surveillance system according to the Communication Protection and Surveillance Act shall submit the documents which prove the construction of telecommunication surveillance system or equipment as confirmed upon negotiations with the authority in charge of telecommunication surveillance.
8. The system inspection item list of the Type II Telecommunications Business and the self-evaluation report.
9. The prove documents and other relevant document of the telecommunication circuit and bandwidth leasing.
10. An operator that submits a proposal of information and communication security protection and detection facilities, in accordance with Paragraph 3 of Article 31-1, shall present a self-evaluation testing report concerning the aforementioned information and communication security protection and detection facilities, as well as documents on qualified information and communication security management.
The Competent Authority shall execute the inspection based on the items listed in the system inspection item list of the Type II Telecommunications Business and the self-evaluation report for the application mentioned in the preceding paragraph and proceed the application based on the following:
1. The applicant who passes the inspection shall be issued a license and system construction chart by the Competent Authority.
2. The applicant who fails in the inspection shall correct the mistake within the designated period. The applicant who fails to reapply for re-inspection after the designated period mentioned above or fails in the re-inspection shall not be issued a permit.
If the network system cannot be completed within the time limit specified in paragraph 1, the applicant may explain to the Competent Authority before the expiration of the period, and request an extension for an additional six months period; only one extension may be given. The certificate of approval shall be revoked if the deadline cannot be met.
Article 8
The applicant who wants to apply for Type II Telecommunications General Business shall complete the registration of company and business, and accomplish the construction of network system within six months after obtaining the construction permit, and then apply to the Competent Authority for issuing license with following documents:
1. A copy of permission letter.
2. Certificate of the company or business registration.
3. The operator that should implement telecommunication surveillance system according to the Communication Protection and Surveillance Act shall submit the documents which prove the construction of telecommunication surveillance system or equipment as confirmed upon negotiations with the authority in charge of telecommunication surveillance.
4. The system inspection item list of Type II Telecommunications Business and the self-evaluation report.
5. An operator that submits a proposal of information and communication security protection and detection facilities, in accordance with Paragraph 3 of Article 31-1, shall present a self-evaluation testing report concerning the aforementioned information and communication security protection and detection facilities, as well as documents on qualified information and communication security management.
6. Other related documents requested by the Competent Authority.
If an applicant of Type II Telecommunications General Business without having their own telecommunications network facilities, it may not submit the documents that set forth in the Subparagraph 3 and 4 of the preceding paragraph.
If the applicant fails to complete the telecommunications network system construction before the effective period under Paragraph 1, it shall state the reasons to the Competent Authority for an extension of six months before the expiration date. The extension can only be made once. The Competent Authority shall revoke the permission certificate after the expiration date.
When necessary, the Competent Authority shall conduct system examination of applicants that possess telecommunications equipment rooms.
Article 9
The connection transmission circuit using by Type II Telecommunications Business shall be leased from the Fixed Network Communications Business Operators or the Satellite Fixed Network Communications Business Operators. However, any of the following circumstance shall not be included:
1. The connection transmission circuit using by the operator's network system which between telecommunication work site and other telecommunications network system located in the same building that have been reported to the Competent Authority for records.
2. The connection transmission circuit between the operator and the user located in the same building that have been reported to the Competent Authority for records.
Article 10
With respect to the application for operating a Type II Telecommunications Business, the Competent Authority shall not issue a license if any false information is provided in the application or documentation submitted.
In the case that any of the preceding paragraph circumstances occurs after obtaining the operation license, the license shall be revoked.
Article 11
The operation license for Type II Telecommunications Business shall include the following items:
1. The name of operator, its principle office, and name of its representative;
2. Amount of the capital;
3. Category of business and operating items;
4. Service areas;
5. Duration of the validity of the license;
6. Date of issuance of the license; and
7. License number.
The license issued before November 15, 2005 is valid for ten years. Those who intend to continue the operation should apply for renewal of the permit within two months prior to the end of the term. Those who did not obtain the renewal, as of the expiration date of the original license, shall not continue to operate Type II Telecommunications Business.
The license, issued or renewed after November 15, 2005, is valid for 3 years. Those who intend to continue the operation should apply for renewal of the permit within 2 months prior to the end of the term. Those who did not obtain the renewal, as of the expiration date of the original license, shall not continue to operate Type II Telecommunications Business.
Article 12
The license shall not be subleased or assigned.
In case of loss or damage of the license, an application setting forth the reasons shall be made to the Competent Authority for a reissue. If the facts specified on the license have changed, an application for replacement of the license shall be made, of those who have not applied for a replacement, the Competent Authority, once verified, may notify the operator to apply for a replacement.
The validity period of the license re-issued or replaced in accordance with the preceding paragraph shall be the same as that of the original license.
Article 12-1
In the case where operator merges with an operator or a non-operator, the operator and cooperator shall submit merger business plan to the Competent Authority for permit in advance.
The aforementioned merger business plan shall include the following items:
1. The name of operator, and its principle office
2. Operation items and service areas
3. Record of shareholder meeting and contract
4. Protection of users’ right and benefit
5. Scheduled merger effective date
6. Other related documents requested by the Competent Authority
For applications approved based on the first stipulated paragraph, article 4-8 do not apply. However, for any change of network system, it shall pass the inspection executed by the Competent Authority.
In the case where operator still exists after merged with a non-operator, the first stipulated paragraph does not apply.
Article 12-2
After the merger referred to in the first paragraph of the preceding article is approved, the surviving operator shall complete the application of company or business registrations within 3 months, and request for license re-issuance from the Competent Authority.
The surviving operator referred to in the preceding paragraph shall comply with the approved user protection.
Article 13
In the case where there is a change or amendment to the category of business or operating items, an operator shall submit documents of the change related to Article 4 to the Competent Authority for approval in advance.
In the case where there is a change or amendment to the network construction framework of business plan, the operator shall report to the Competent Authority for records within one month after the system starts operating.
The operator that should implement telecommunication surveillance system according to the Communication Protection and Surveillance Act and intends to add or extend communication systems and modify bussiness plan’s system construction, shall apply it to the Competent Authority for approval by submitting the construction plan of telecommunication surveillance system and approval letter from the authority in charge of telecommunication surveillance, .The operator who has obtained the Competent Authority’s approval can implement the communication systems. After completing system implementation, the operator shall submit documentation mentioned in each Subparagraph of Paragraph 1, Article 7 to the Competent Authority for inspection. The procedure is not subject to the preceding Paragraph,.
In the case where there is a change of the cooperating Telecommunications Business operator, the operator that providing Mobile Virtual Network Service to the prepaid card or public pay phone service shall report to the Competent Authority with related documents for records within one month after alternation.