Print Date:112/02/02 15:18

  Chapter 1 General Provisions

Article 1
These Regulations are promulgated pursuant to Paragraph 5, Article 47 of the Telecommunications Act (hereinafter referred to as this “Act”).
Article 2
The terms of these Regulations are defined as follows:
1. “Academic and educational telecommunications network” refers to a telecommunications network that is for academic and educational use and complies with the purpose of establishment and operation prescribed by Paragraph 1, Article 5.
2. “Technical experiments and research and development telecommunications network” refers to a telecommunications network established in order to conduct experiments, research and development and complies with the purpose of establishment and operation prescribed by Paragraph 2, Article 5.
3. “Commercial experiments and research and development telecommunications network” refers to a telecommunications network established to conduct experiments, research and development, as well as commercial verification purposes, and complies with the purpose of establishment and operation prescribed by Paragraph 4, Article 5.
4. “Administrators” refers to those who establish one part or the entire telecommunication facilities for academic and educational, or experiments and research and development telecommunications network by themselves pursuant to this Regulation and have been issued licenses approved by the competent authority.
5. “Subscribers” refers to those who register to or enter a contract with administrators to make use of telecommunications network service that they provide.
6. “Broadcasting and television businesses” refers to broadcasting businesses, television businesses, cable television system operators, satellite broadcasting and television businesses.
7. “Specific experimental field” refers to the geographical scope or area announced by the competent authority in charge of radio frequency resource planning where, under the specific conditions, the wireless communication function and equipment required for the development of a specific experiment can be established.
8. “Specific experimental frequency” refers to the radio frequency announced by the competent authority in charge of radio frequency resource planning which, in specific experimental fields and under the specific conditions, can be used in specific experiments to research and develop the needed wireless communication.
Article 3
The competent authority referred to in these Administrative Regulations shall be the National Communications Commission.
Article 4
The applicant applying for the establishment and operation of a telecommunications network for academic and educational purposes shall, prior to submitting an application to the competent authority, be approved as an academic and education body by the relevant authority.
The applicant shall gain approval of the competent authority prior to the establishment of a telecommunications network for academic and educational, technical experiments, or commercial experiments and research and development purposes; after the establishment has been approved and examined and the license issued, the telecommunications network shall be put into use.
The competent authority that reviews applications for the establishment of academic and educational, or technical and commercial experiments and research and development telecommunications networks, as well as applications for the renewal of licenses, may establish a Review Committee.
The procedure of establishing Review Committee in the preceding paragraph shall be instituted by the competent authority.
Article 5
The purposes for establishing an academic and educational telecommunications network shall be one of the following:
1. To support academic, education or research applications.
2. To enhance academic capabilities and advance research and development.
3. To integrate the telecommunications network of academic or educational resources.
The purposes for establishing and operating a technical experiments and research and development telecommunications network shall be one of the following circumstances:
1. To test techniques required for type approval of related equipment of telecommunications network systems.
2. To develop or test communication or value-added service for each type of telecommunications network, so as to develop various kinds of services and content.
3. To research, develop or test techniques or related facilities of the telecommunications network system, so as to meet the needs for technical research and development.
4. For the applicant or subscribers to develop or test services or applications other than telecommunications services on the experimental research and development telecommunications network set up in a specific experimental field.
To set up a technical experiments and research and development telecommunications network whose function or network type is not the same or equivalent to a public telecommunications network set up by the telecommunications industry.
The purpose of setting up and using a telecommunications network for commercial experiments shall be to verify the telecommunications services for commercial uses; the purpose of setting up and using the technical experiments and research and development telecommunications network specified in Paragraph 2 may be included.
The telecommunications service mentioned in the preceding paragraph shall be limited to those not provided by the telecommunications industry.
Article 6
Applicants or administrators shall not utilize academic and educational telecommunications networks, or technical experiments and research and development telecommunications network to provide telecommunications services, such as those of telecommunications businesses or broadcasting and television businesses that engage in making profit, transgressing operations or causing public misunderstanding.
Applicants or administrators that provide an academic and education telecommunications network with each kind of telecommunications service shall not charge any fee from the subscribers. Nevertheless, those who share the expenses of network construction or the maintenance and operation shall not be limited herein.
Applicants or administrators that provide each kind of telecommunications service for technical experiments and research and development telecommunications network shall not charge any fee from the subscribers. However, for deposits for equipment of two-party contract to that ensure facilities would not be damaged by the subscribers and returned to administrators as scheduled shall not be limited herein.
Applicants or administrators using the telecommunications services provided by the established commercial experiments and research and development telecommunications network shall not illegally operate a telecommunications business or broadcasting and television business, or undertake any action that sufficiently causes the public to misidentify it as a telecommunications business or a broadcasting and television business.
Applicants or administrators providing various telecommunication services on commercial experiments telecommunication networks, after the approval of the competent authority and the signing of service contracts with users, may seek profit or charge users for fees. The charging items include fees for profit-seeking actions such as commercial verification and those specified in the provision of Paragraph 3.
Users of academic and educational telecommunications networks, or technical and commercial experiments and research and development telecommunications networks shall not grant third parties access and charge for the use of the services (including equipment, etc.) provided by the network.
Data Source:NCC / Law Source Retrieving System Laws And Regulations