Chapter 2 Application and Verification
Section 1 Academic and Educational Telecommunications Network
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.
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.
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.
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).
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.
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.
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.
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.
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.