Print Date:112/02/02 16:42

  Chapter 2 Application and Verification

   Section 1 Academic and Educational Telecommunications Network

Article 7
The collection, processing or use of personal data by administrators shall comply with the relevant provisions of the Personal Information Protection Act; users shall be clearly informed of the purpose and scope for the collection and use of other information.
Article 8
During the experimental period, administrators shall comply with the nature of the experimental business and adopt appropriate and sufficient information security measures in order to ensure the security of information collection, processing, use, and transmission.
Article 9
Those who apply and establish an academic and educational telecommunications network shall be subject to one of the following qualification:
1. A central or local government authority that is engaged in academic research or in charge of educational activities.
2. Educational organizations that establish the related departments or institutes of telecommunications, electronic engineering, electrical engineering, physics, transportation, meteorology, navigation, navigation management, marine technology, radio communication or information.
3. Public and private research institutions, social education institutions, or government agencies (organizations) that are engaged in the related applications and research and development on Telecommunications network and radio communication.
4. Groups engaged in the academic research development of radio technologies, registered with the government.
Article 10
Those who apply to establish an academic and educational telecommunications network shall prepare and submit the following documents to the competent authority:
1. Application for academic and educational telecommunications network.
2. Documents approved by the competent authority in charge of the academic and educational services.
3. A proposal of the establishment.
4. A CD-Rom containing the application in digitized documents (either PDF or ODF format).
Article 11
The proposal of establishment under Subparagraph 3 of the preceding article shall include the following items:
1. The purpose and benefits of establishment.
2. Research items and methods, or a concrete proposal for promoting the nation’s academic, teaching research activity and application development.
3. The contents of service.
4. The geographical range, the valid period, conditions for use, and the method for sharing the costs of network construction or maintenance and operation together with reasons.
5. Terms of service agreement or contracts.
6. Methods of network communication and a diagram of system configuration; if interconnecting with other networks, a diagram of interconnection configuration together with reasons shall be attached.
7. Construction project, schedule and expected costs for network system.
8. A proposal for the use of frequency (excluded if not operating on radio frequencies).
Subparagraph 8 of the preceding paragraph regarding frequency utilization proposals shall state the following matters with relevant proof of documentation:
1. The radio station establishment proposal and quantity list.
2. The intended frequency use, including frequency range, and transmission power used in various experimentation areas.
3. Air interface specifications.
4. The mechanism for the prevention of interference.
5. Radio wave coverage:
(1) The radio station location and radio wave’s coverage diagram (the drawing and chart’s peripheries shall come with topographical drawing, photocopied maps or electronic maps including longitude and altitude data).
(2) Description of the measurement evaluation data, which shall include various radio frequencies’ radio wave (≧-125dBm) coverage perimeters used in various experimentation areas and the perimeters of areas for conducting the experimentation.
Article 12
The submitted application for the establishment of an academic and educational telecommunications network shall not be returned. Applications or a proposal of the establishment that is deemed incomplete shall be informed with prescribed corrective action to be undertaken within a period of time; applications of those who have not undertaken the required corrective action within the prescribed period of time shall be rejected.
Article 13
Upon receipt of the application for the establishment of an academic and educational telecommunications network, the competent authority shall verify the following items:
1. The establishment purpose and benefit.
2. The geographical range and the valid period of establishment, conditions of use, and the method of sharing the costs of network construction or maintenance and operation together with reasons.
3. Feasibility of the network construction and construction schedule.
4. Contributions to academic standard, popularization of education or the development of telecommunications industries in Taiwan.
5. Network stability, security, and administrator’s capacity for the maintenance and operation.
6. Whether the proposal violates the items established by these Regulations.
7. Whether appropriate and sufficient information security measures have been adopted to ensure the security of information collection, processing, use, and transmission.
The competent authority may decide to remove items or contents of the proposal for establishment.
When frequencies and the geographical range of the network establishment that are arranged by several applicants overlap, the applicant with the greater quantity in cooperating entities shall have priority for approval. If necessary, the competent authority shall request applicants to resolve an overlapping issue within a prescribed period of time.
Use of frequency shall be harmonized and effective as a matter of principle. The applicant or administrator shall use the frequencies according to the establishment proposal approved by the competent authority.
Due to the need for telecommunications development, the competent authority may request the applicant or the administrator to change or cease using frequencies, in part or as a whole, to which the applicant or the administrator may not refuse or request for compensation.
Following such request of the competent authority to change or cease using frequencies, the applicant or the administrator shall file for an alternative establishment proposal according to provisions set forth under Paragraph 1, Article 42.
Article 14
If the application to establish an academic and educational telecommunications network falls under any one of the following circumstances, it shall be rejected:
1. Those that have not obtained the approved documents of the competent authorities for business objectives specified by Paragraph 1, Article 4.
2. Those that have not adhered to the regulations on the establishment purpose specified in Paragraph 1, Article 5.
3. Those that have not adhered to the regulations on the application qualification of Article 9.
Article 15
After the application has passed the review, the competent authority will issue an approval certificate for the establishment of the network.
Applicants or administrators setting up and using academic and educational telecommunications networks shall adhere to the establishment plan approved by the competent authority.

   Section 2 Experimental, Research and Development Telecommunication Network

Article 16
The certificate of approval for network establishment of the academic and educational telecommunications network shall be valid for a period of one year.
Should the applicant not complete the establishment of the proposed academic and educational telecommunications network within the valid period of the certificate of approval, the applicant may state the reasons and apply to the competent authority for an extension one month prior to the expiration; the extension period may not exceed one year and shall be limited to once only.
Should the applicant abort the establishment of the network within the valid period of the certificate of approval, the applicant shall state the reasons and submit the established radio station list or network status data to the competent authority for future reference and also have the competent authority revoke the certificate of approval for network establishment.
If network establishment has not be completed within the valid period of the certificate of approval or should the competent authority revoke approval of the network establishment, the applicant shall promptly cease the establishment, dismantle relevant equipment, and act in accordance with the provisions set forth under Paragraph 3, Article 47.
Article 17
Those who apply to establish an academic and educational telecommunications network and completed a schedule of the approved construction shall examine and provide a test report of the network security with self-assessment to the competent authority for approval, which afterward shall issue a license for the establishment and operation of network.
Article 18
A license for the establishment and operation of academic and educational telecommunications network shall illustrate the following items:
1. Name of the establishment for the telecommunications network, Administrator Name and Address
2. The type of established telecommunications network
3. The geographical range of the establishment
4. The terms of service agreement or number of subscribers
5. The used frequency Band
6. The term of validity
7. Licensed date
Article 19
Those who apply to establish a technical experiments and research and development telecommunications network shall fall under one of the following qualifications:
1. Telecommunications or broadcasting/television businesses.
2. Corporations or public and private research institutions that have committed to related research or manufacturing of telecommunications network and radio communications.
3. Educational organizations that have established related departments or institutes of telecommunications, radio communications or information.
4. Other companies or government agencies (organizations) that have the capabilities or experimental testing needs of establishing and managing experimental research and development telecommunications networks.
Article 20
Those who apply to establish a technical experiments and research and development telecommunications network and have applied for radio frequency shall be limited to a maximum of 100 subscribers. However, those who are approved by the competent authority shall not be limited herein.
Article 21
Those who apply to establish a technical experiments and research and development telecommunications network shall inspect and submit the following documents to the competent authority.
1. Application for the establishment and use of a technical experiments and research and development telecommunications network.
2. A proposal of the establishment.
3. Photocopies of the documents of establishment of the applicant or company registration certificate (except for government agencies or schools).
4. The services provided shall be chartered, permitted, or approved by other competent authorities for business objectives, with relevant supporting documents.
5. A CD-Rom containing the application in digitized documents (either PDF or ODF format).

   Section 3 The Establishment and Investigation of Radio Station

Article 22
A proposal of the establishment under Subparagraph 2 of the preceding article shall include the following items:
1. The purpose and benefits of establishment.
2. Experimental items and methods.
3. The geographical range and the valid period of the establishment, the number of users, method of collecting equipment deposits, and reasons.
4. Terms of service agreements or contracts for the users.
5. Methods of network communication and a diagram of system configuration; if interconnecting with other networks, a diagram of interconnection configuration shall also be attached.
6. Construction project, schedule and expected costs of network system.
7. Available technical research and development telecommunications services or service items other than telecommunications services.
8. A concrete proposal on research, development, test or the collection of related data.
9. A concrete proposal to cooperate with domestic industries, authorities and academic circles.
10. A proposal for the use of radio frequency (excluded if not operating on radio frequencies).
Subparagraph 10 of the preceding paragraph regarding radio frequency use proposals shall state the following matters with relevant proof of documentation data:
1. The radio station establishment proposal and quantity list.
2. A proposal of use of radio frequency, including various frequencies, frequency bandwidth and transmission power used in various experimentation areas.
3. Air interface specifications.
4. The mechanism for the prevention of interference.
5. Radio wave coverage:
(1) The radio station location and a diagram of the area covered by radio waves (drawing and chart’s peripheries shall come with topographical drawing, photocopied maps or electronic maps with longitude and altitude).
(2) Description of the measurement evaluation data, which shall include various radio frequencies of radio wave (≧-125dBm) coverage perimeters used in various experimentation areas and the perimeters of areas for conducting the experiments.
For the application of a technical experiments and research and development telecommunications network using a specific experimental frequency in a specific experimental field, the radio frequency operation plan may be exempted from recording the information specified in Subparagraphs 3 and 4 of the preceding paragraph.
Article 23
For those that apply to establish a technical experiments and research and development telecommunications network, matters such as the application, review items, establishment proposal, and license issuance, as well as items to be recorded on the license may be in accordance with stipulations set forth in Article 12, Article 13, Article 15, Article 17, and Article 18.
The applications for the establishment and use of a technical experiments and research and development telecommunications network falling under ant one of the following circumstances shall not be approved:
1. Those that do not adhere to the regulations on the establishment purpose specified in Paragraphs 2 and 3, Article 5.
2. Those that do not adhere to the regulations on the application qualifications specified in Article 19.
Article 24
The valid period of the approval for a technical experiments and research and development telecommunications network shall be six months.
Should the applicant not complete the establishment of the proposed technical experiments and research and development telecommunications network within the valid period of the certificate of approval for network establishment, the applicant may state the reasons and apply to the competent authority for an extension, one month prior to the expiration; the extension period may not exceed three months and shall be limited to once only.
Should the applicant abort the establishment of the network within the valid period of the certificate of approval for network establishment, the applicant shall state the reasons and submit the established radio station list or network status data to the competent authority for future reference and also have the certificate of approval for network establishment revoked by the competent authority.
If network establishment has not be completed within the valid period of the certificate of approval for network establishment or should the competent authority revoke the certificate of approval for network establishment, the applicant shall promptly abort the establishment, dismantle relevant equipment, and act in accordance with the provisions set forth under Paragraph 3, Article 47.
Article 25
Applicants for the establishment and use of commercial experiments and research and development telecommunications networks shall submit the applications to the competent authority with the following documents attached:
1. An application for commercial experiments and research and development telecommunications network.
2. An establishment proposal.
3. Photocopies of the applicant’s establishment document or company registration certificate (except for government agencies or schools).
4. The services provided shall be chartered, permitted, or approved by other competent authorities for business objectives, with relevant supporting documents.
5. The supporting documents of the performance security deposit for those who intend to pre-charge users.
6. A CD-Rom containing the application in digitized documents (either PDF or ODF format).
Article 26
The provisions of Article 22 shall apply mutatis mutandis to the items which shall be recorded in the establishment proposal specified in Article 22, and in addition the proposal shall contain the following items:
1. The purpose and necessity of business verification, including telecommunications service items for conducting commercial verification and the descriptions of differences with existing public telecommunications services.
2. Execution planning and implementation period of business verification.
3. The perceived benefits of the telecommunications services of commercial verification in the nation’s industrial development and the feasibility analysis of commercialization in the domestic market.
4. User usage regulations: clearly define the service, the user conditions for equipment use and the rights and obligations of both parties; if fees are to be charged, the service contract shall be separately formulated and handled in good faith and fairness.
If prepayment is adopted for fees specified in Subparagraph 4 of the preceding paragraph, one of the following methods shall be specified in the service contract, providing 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 guarantee specified in the preceding paragraph shall specify the scope of responsibility.
Article 27
The provisions of Article 13 shall apply mutatis mutandis to the competent authority’s review of the commercial experiments and research and development telecommunications network, and the following review items shall be added:
1. The purpose and necessity of business verification.
2. Execution planning and implementation period of business verification.
3. The completeness of user rights protection measures and the appropriateness of the performance guarantee content.
4. Perceived benefits promoting the nation’s industrial development and feasibility of commercialization of future verification services.
Article 28
When applying for the establishment of a c commercial experiments and research and development telecommunications network, the provisions of Articles 12, 15, and 17 to 20 shall apply mutatis mutandis to the acceptance of the application, the handling of the establishment proposal, the issuance of the license, the items to be recorded in the license, the application qualifications, and the number of users.
Article 29
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 4, Article 5.
2. Those that do not adhere to the regulations of Article 28 for the applying mutatis mutandis of the application qualifications specified in Article 19.
3. Telecommunications services having been commercially operated.
4. The same applicant having been granted the same commercial verification telecommunications service.
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 the 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 Subparagraph 2 shall be handled in accordance with the provisions of Article 369-11 of the Company Act.
Data Source:NCC / Law Source Retrieving System Laws And Regulations