NCC
Law Source Retrieving System Laws And Regulations

Print Date：115/06/14 12:44

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.

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.

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.

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.

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.

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.

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.

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.

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.