Chapter III Operations Management
Section 3 Frequency Operating Right Transfer
In the case where the nominated bidder completes the process as stipulated under Article 36, upon remitting the bid award guarantee or the initial payment of the bid award guarantee to the competent authority, and offer guarantee on the remainder of the bid award guarantee and the interest, the two parties or the multiple parties may reach an agreement to revert the frequencies segments they have secured the bid within a six-month period, and to apply with the competent authority, per Article 48 of the Act, to assign or reassign frequencies of the same frequency segments and the same frequency bandwidths.
Of the foresaid application, each of the parties shall jointly submit the following documents:
1.The enterprise plan or the amending description and related document of the enterprise plan
2.Photocopy of the frequency utilization transfer agreement.
3.Frequency assignment application form.
Only after reviewing the documents specified in Subparagraph 1 of the preceding paragraph in accordance with the provisions of Paragraph 7 or 8 of Article 40, and issuing the establishment permit letter or approving the changes of the business plan, may the competent authority allocate frequencies in accordance with the provisions of Article 48 of these Regulations.
In the event where the application documents in Paragraph 2 should be deemed incomplete, or the entry content be deemed incomplete, or the entries be deemed to contain error, the competent authority shall notify the applicant to adopt retroactive correction within a prescribed deadline; when failing to complete retroactive correction or the correction is still deemed incomplete, the application shall be declined.
Of the nominated bidder that reverts frequencies in Paragraph 1, the nominated bidder shall remit the bid award guarantee on the nominated frequency bid it has reverted within a three-month period from the competent authority's approval date before the approval is to formally take effect.
If amendment to the system development plan is necessary, the nominated bidder in Paragraph 1 shall file a request with the competent authority in accordance with Paragraph 5 of Article 43 at that time.
Where the operator obtains a system technical examination certificate for any of its frequency segment awarded in the pastaccording to Paragraph 1 of Article 47, the operator may negotiate with other operators to return the frequency segment awarded that time in part or whole, and then have other operators to apply for an allocation to the competent authority in accordance with Article 48 of the Telecommunications Act.
The operator that is allocated with a frequency according to the preceding Paragraph may negotiate with other operators to revert frequency; and said operators shall apply to the competent authority for allocation in accordance with Article 48.
The operator shall comply with the following regulations in order to submit the applications as described in the two preceding Paragraphs:
1.The provisions of Article 66 concerning the construction of high-speed base stationsfor this business.
2.Complying with the business plan that is related to the total number of high-speed transmission base stations and has been approved by the competent authority according to Paragraph 1 of Article 40.
The frequency acquired by theoperator according to Subparagraph I of Article 1 of Article 7 shall not be bounded by Subparagraph I and 2 of the preceding Paragraph; the frequency acquired by the operator according to Subparagraph 2 of Article 1 of Article 7 shall not be bounded by Subparagraph 2 of the preceding Paragraph.
Application as described in Paragraph 1 and 2 shall be submitted with the following documents:
1.Amendment to business plan and relevant documents.
2.Photocopy of the frequency transfer agreement.
3.Application for frequency allocation
Only after reviewing the documents specified in Subparagraph 1 of the preceding paragraph and approving the change in accordance with the provisions of Paragraph
8 of Article 40, may the competent authority allocate frequencies in accordance with the provisions of Article 48 of these Regulations.
Where the application documents stated in Paragraph 5 or their content are incomplete or mistaken, the competent authority shall notify the operator and request it to undertake corrective action within a prescribed deadline. The applications of those operators that fail to undertake corrective action or the corrections were deemed incomplete shall be rejected.
For approval to become effective, the nominated bidder that reverts the frequency as described in Paragraph 1 shall arrange the nominated bid for reverted frequency within three months upon receipt of the competent authority's approval.
Where the operator that submits an application as described in Paragraph 1 and 2 needs to change the system installation plan, it may submit the application together in accordance with Paragraph 5 of Article 43.
The application filed per the preceding two provisions, when falls under one of the following circumstances, will not be approved:
1.The transferred frequency bandwidth should be other than the event multiplier of 5MHz each for upload and download.
2.The transferred frequency bandwidth within unpaired frequency segment should be other than the event multiplier of 5MHz, or within paired frequency segment should be other than the event multiplier of 5MHz.
3.The transferring party's remaining frequency bandwidth should fall below than 10MHz each for upload and download, 10MHz within unpaired frequency segment, and 10MHz within paired frequency segment for each pair.
4.The assuming party's total frequency bandwidth after the transfer should exceed one-third of the total mobile broadband operation frequencies.
5.The assuming party's total frequency bandwidth below 1GHz after the transfer should exceed one third of the total frequency bandwidth below 1GHz.
6.The assuming party's total frequency bandwidth below 3GHz after the assignment should exceed one third of the total frequency bandwidth below 3GHz.
7.The assuming party's total frequency bandwidth below 6GHz after the assignment should exceed one third of the total frequency bandwidth below 6GHz.
If there are specialcircumstancesthat have been approved by the competent authority, an operatormay not be subject to the restrictions specified in the provisions of Subparagraphs 4 to 7 of the preceding paragraph.
Of frequencies transferred under the preceding two Articles, the utilization period shall extend up to the validation date under Paragraph 1 of Article 51.