Print Date:112/02/02 17:15

  Chapter 4 Supplementary Provisions

Article 38
The radio station establishment permit granted to an applicant or administrator shall be revoked by the competent authority in any one of the following circumstances:
1. The certificate of approval for network establishment has been revoked or abolished.
2. Failure to adhere to affidavit matter or submission of untrue affidavit as stipulated under Paragraph1, Article 32.
3. Violation of Paragraph 1, Article 43, barring the radio station license from transferring, leasing or loaning.
The applicant or the administrator, at the time when ceasing operating the radio station during the radio station license’s valid period, shall report to the competent authority for future reference, and also have the competent authority revoke the radio station establishment permit.
Should the radio station license has expired and the administrator has not gained license renewal as regulated or the competent authority has revoked the radio station establishment permit, the applicant or the administrator shall promptly cease operating, and shall also dismantle the development radio station equipment. The radio equipment, except on lease, on loan or otherwise stipulated by law, shall be handled in accordance with relevant regulations set forth under the Administrative Regulations on the Controlled Telecommunications Radio-Frequency Devices.
Article 39
The term of validity of the license for the establishment and operation of network for an academic and educational telecommunications network shall be limited to a maximum of five years.
Those who intend to continue to use when the term of validity for a radio station license has expired shall state reasons and submit an establishment proposal to the competent authority for reissue three months prior to the expiration date. Upon approval, the competent authority shall issue a new license.
As per preceding paragraph, should any of the following circumstances occur when applying for a reissuing of the license for the establishment and operation of network, the application shall be rejected:
1. The applicant fails to present a license renewal application within the preceding paragraph’s specified period.
2. The documentation for application is incomplete, and remains incomplete after being given a prescribed period of time to undertake corrective action.
In regard to Paragraph 2, when applying for a reissue for the license for the establishment and operation of network, the competent authority shall not approve if the original goal of establishment purpose has been fulfilled and a renewal is deemed unnecessary.
The term of validity of a renewed license for the establishment and operation of network in accordance with Paragraph 2 shall be calculated from the next day of expiration of the former one.
Article 40
The valid period of the license for the establishment and operation of network for a technical experiments and research and development telecommunications network shall not exceed one year.
When there is still a need for conducting experiment, research and development after the term of validity of the license in the preceding paragraph expires, the applicant or administrator shall state reasons and submit an establishment proposal to the competent authority for reissue one month prior to the expiration date. Upon approval for the reissue, the competent authority shall issue a new license.
In the preceding paragraph, should any of the following occur when applying for reissuing of the license for the establishment and operation of network, the competent authority shall reject the application:
1. The applicant fails to present a license renewal application within the preceding paragraph’s specified period.
2. The documentation for application is incomplete, and remains incomplete after being given a prescribed period of time to undertake corrective action.
Regarding Paragraph 2, applying for renewal of the license for the establishment and operation of network shall be rejected, should any of the following circumstances occur:
1. There are no newly added experimentation items and has been deemed unnecessary to extend the current experimentation items.
2. Non-compliance with Paragraph 5.
The term of validity of a renewed license for the establishment and operation of network in accordance with Paragraph 2 shall be calculated from the next day of expiration of the former one.
Article 41
The maximum validity period for the license of a commercial experiments and research and development telecommunications network shall be six months.
The provisions of Paragraphs 2 to 5, Article 40 shall apply mutatis mutandis to the renewal of the license specified in the preceding paragraph, and the renewal shall be limited to once only.
Article 42
When making a change to the establishment schedule, the applicant or administrator shall state the reasons and submit the changed proposal and information to the competent authority for approval. If approved, a certificate of approval for network establishment or a license for the establishment and operation of network shall be issued in exchange of. However, if the change only involves the relocation of the radio station, and the coverage of the radio wave does not exceed the original approved area, the applicant or administrator can be exempt from attaching the revised establishment proposal and the comparison information for the review of the competent authority in accordance to Paragraph 1, Article 36.
If the change specified in the preceding paragraph falls under any one of the following circumstances, the reasons shall be stated and the revised establishment proposal and the comparison information shall be attached to the competent authority for reference:
1. Changing the network communication method or system architecture.
2. Suspending the use of some radio stations.
If the change specified Paragraph 1 is a change in the user usage regulations or contract that is not related to the charge, or an addition of a radio station whose radio wave coverage does not exceed the original approved area, and it belongs to a technical or commercial experiments and research and development telecommunications network using an experimental frequency in a specific experimental field, the reasons may be stated and the revised establishment proposal and the comparison information shall be attached and submitted to the competent authority for reference.
If the change specified in Paragraph 1 is in compliance with the provisions of Paragraph 5, Article 13, the competent authority may re-issue a license certificate and exempt the review fee and license fee.
If the change specified in Paragraphs 2 and 3 involve the changes in the approval certificate of the network establishment or the recorded items of the usage license, the applicant or administrator shall apply to the competent authority for the replacement operation.
The term of validity of the certificate of approval for network establishment or the license for the establishment and operation of network as stipulated in Paragraph 1, Paragraph 4, and the preceding paragraph shall be the same as the original copies.
Article 43
A radio station license and the license for the establishment and operation of network for academic and educational telecommunications network, or technical and commercial experiments and research and development telecommunications network shall not be transferred, leased or lent to the third party.
The holder of a license in the preceding paragraph that is lost or damaged shall apply to the competent authority with reasons for reissue; when the recorded items are changed, they shall apply to renew.
The term of validity for licenses that are reissued or renewed pursuant to the preceding paragraph shall be the equal to that of the previous ones.
Data Source:NCC / Law Source Retrieving System Laws And Regulations