16 Articles in full enacted and promulgated by National Communications Commission（NCC）on Feburary 22, 2021. Ref：Tung-Chuan-Ji-Chu Tze No. 11063002171
Article 1 These Directions are made pursuant to Paragraph 2, Article 87 of Telecommunications Management Act (referred to as the Act hereinafter).
Article 2 Building telecommunications equipment examination and inspection institute (referred to as “inspection institute” hereinafter) refers to an institution entrusted to perform design review and completion of work inspection for building telecommunications equipment and related installation space by National Communications Commission (referred to as NCC hereinafter).
Article 3 Those who apply for inspection institute (referred to as the “Applicant” hereinafter) shall:
1. Be a legally established professional association group specialized in telecommunications, electric, or electronic engineering, or a telecommunications enterprise that provides telecommunications service
using fixed communication network architecture;
2. Have established at least four locations that receive the applications for design reviews and completion of work inspection (referred to as processing points hereinafter) at the municipalities or counties (cities) under the jurisdiction of NCC’s departments of regional affairs, where the administrational area in which processing points are established shall cover 12 or more municipalities or counties (cities) and at least one in either Hualien or Taitung Counties; when necessary, NCC may request the increase of the number of processing points or establishment of additional processing point(s) at specific by an inspection institute or municipalities or counties (cities), and the inspection institute shall not refuse;
3. Appoint at least a person at a processing point in charge of review and inspection works (referred to as inspector hereinafter); and
4. Establish a case-receiving window in principle at a municipality or county (city) where no processing point is established.
The inspector mentioned in Subparagraph 3 of the preceding paragraph shall:
1. Have a professional engineer certificate in electric or electronic engineering and 3 consecutive years of related experience in telecommunications after obtaining the certificate; within 3 years after these Directions are promulgated, however, this does not apply to inspectors hired by inspection institutes entrusted by NCC before these Directions are promulgated; and
2. Have received for at least 12 hours of telecommunications regulation training, including 4 hours of practical training, and an hour of probity policy workshop in the recent year of application.
The training mentioned in Subparagraph 2 of the preceding paragraph conducted by individual institutes or groups shall be approved by NCC before the training is given, and a certificate of training shall be issued after the training is successfully given.
Article 4 Applicant shall submit the following documents to NCC for application of Inspection Institute:
1. Application form for institute of building telecommunications equipment review and inspection (as appendix I);
2. Copy of document proving the compliance with Subparagraph 1, Paragraph 1 of the preceding article;
3. Copy of document proving the compliance of inspector(s) with Subparagraph 2, Paragraph 1 of the preceding article and configuration of processing point establishment;
4. Organizational structure of review and inspection departments and descriptions of their functions;
5. Checklist of test equipment and its calibration certificates; the list shall provide the equipment’s name, location, manufacture, model, function(s), calibration date and the tests that the equipment is capable of;
6. Building Telecommunications Equipment review and inspection procedure(s);
7. List of building telecommunications equipment processing points and case-receiving windows and the configuration of their establishment;
8. Other documents required by NCC.
Applicant who failed to submit the complete application documentation specified in the preceding paragraph shall be informed by NCC for correction by a given deadline. For failure of correction or incomplete correction, the application shall be rejected.
The period of correction mentioned in the preceding paragraph shall not be longer than 1 month.
Article 5 Where an applicant has submitted the complete application documentation pursuant to the preceding article, a field evaluation will be performed by an evaluation team assembled by NCC; for the failure of compliance after the field evaluation, NCC will provide a list of incompliances and inform of improvement by a given deadline. The applicant shall complete the improvement by the given deadline and submit an improvement report. For failure of improvement by the given deadline, the application shall be rejected.
The period of improvement mentioned in the preceding paragraph shall not be longer than 2 months.
The evaluation team in Paragraph 1 is composed of a convener, a co-convener and 3 to 5 members, all with one year of tenure.
All members serve without pay, but with attendance fee and transportation fee as legally permitted.
The items of evaluation, criteria and method for evaluation mentioned in Paragraph 1 are specified in Appendix 2.
Article 6 An applicant shall not perform review and inspection until it is qualified in a field evaluation and enters a contract with NCC. The inspection institution entrusting procedure is provided in Appendix 3.
Article 7 An inspection institute shall perform the review of the design of building telecommunications equipment and its installation design and the inspection of completion of work pursuant to the Act, the Administrative Procedure Act, Regulations for Administration of the Establishment and Use of Telecommunications Equipment and Space in Buildings, Charging Standards of Processing Telecommunications Management,
Specifications for Installation Technology of Telecommunications equipment Inside and Outside of Buildings (referred to as the “Technical Specifications” hereinafter), these Directions, and related acts. No review or inspection case shall be refused or processed with discrimination unless with a justifiable reason.
When an inspection institute processes a case that requires on-site inspection, the inspector shall be present in person at the site for the inspection, document all findings in detail and provide the proof of execution on site.
The inspection institute shall verify the completeness of documentation submitted for review within 7 days after the application of inspection of completion of work is received. For missing document(s), the builder shall be informed for correction. Paragraph 3, Article 12 of the Regulations for Administration of the Establishment and Use of Telecommunications Equipment and Space in Buildings shall apply to the deadline for correction.
Upon the completion of inspection, the inspection institute shall give the “Building indoor and outdoor Telecommunications Equipment planning/ review / inspection application form” (referred to as the application form hereinafter) a file number based on location of building, year and case number and save electronically along with the building indoor and outdoor telecommunications equipment inspection checklist, building site location map, riser diagrams of telecommunications equipment, and layout plans.
The inspection institute shall transmit the electronic files of review or inspection data to the location specified by NCC within 3 days from the day that the inspection is completed.
The test equipment in Subparagraph 5, Paragraph 1 of Article 4 shall be capable of performing the tests specified in the Technical Specifications and comply with the corresponding valid period of calibration. Appropriate test equipment shall be provided at processing points.
For changes in Subparagraphs 4 through 6, Paragraph 1 of Article 4, the inspection institute shall submit the information of change to NCC for reference.
NCC may send a crew to the inspection institute for unscheduled auditing from time to time, which shall not be refused by the inspection institute.
Article 8 The inspector of an inspection institute processing individual application cases shall not conduct the review or inspection on cases planned, designed, certified, supervised, maintained, managed or tested by the inspector him/herself or the inspection institute that he or she works for.
For the increased or decreased number of processing points, case-receiving windows or inspectors or any other changes, the inspection institute shall prepare and report the basic information of changed processing point(s), case-receiving window(s) or inspector(s) to NCC for reference every month.
NCC may suspend the review and inspection works of an inspection institute if:
1. The change of processing points prevents the compliance with the requirements of minimum number of points established in Subparagraphs 2 and 4, Paragraph 1 of Article 3; or
2. The shortage of inspectors prevents the compliance with the requirements of minimum number of inspectors in Subparagraph 3, Paragraph 1 of Article 3.
The inspection institute whose review and inspection works are suspended by NCC may prepare and submit the basic information of processing points or inspectors to NCC for the approval of reinstatement of review and inspection works, provided that the number of processing points or inspector has been made up to meet the respective requirement.
Article 9 The contract between NCC and an inspection institute is valid for 5 years. The inspection institute shall transfer files of entrusted review and inspection cases to NCC within a month from the termination date as the contract ceases to exist.
On the expiration of the contract mentioned in the preceding paragraph or suspension pursuant to paragraph 3 of the preceding article, an inspection institute shall stop accepting any new application for review and inspection. However, for the accepted applications for review and inspection, the inspection institute shall continue till the review or inspection is completed.
The inspection institute may apply for contract renewal in 2 months starting from 3 months before the expiration of contract. It is under NCC’s discretion to review and evaluate the renewal pursuant to Articles 4 and 5.
Article 10 Inspection Institute shall charge a fee for conducting review and inspection pursuant to the charge standards specified by NCC; also, NCC will pay the inspection institute the entrusting fee pursuant to the payment terms set forth in the contract.
The inspection institute shall transfer the collected review fee and inspection fee mentioned in the preceding paragraph to the national treasury in the way specified by NCC on the next day of fee collection.
Article 11 For any violation of Article 7, Paragraphs 1 and 2 of Article 8 or Article 10 by an inspection institute, NCC may issue a warning and request improvement by a given deadline.
Article 12 NCC may terminate the contract should any of the following circumstances occurs to an inspection institute. The unfinished review and inspection cases, if any, shall be transferred to an inspection institute specified by NCC:
1. Major event of misconduct in a review and inspection work;
2. Violation of Subparagraph 1, Paragraph 1 of Article 3;
3. Violation of Subparagraphs 2 and 3, Paragraph 1 of Article 3 where the shortage remains in 3 months after the review and inspection works are suspended by NCC;
4. Violation of Article 7 where improvement is not made after NCC has issued a warning and requested improvement by a given deadline;
5. Violation of Paragraph 1 or 2 of Article 8 where improvement is not made after NCC has issued a warning and requested improvement by a given deadline;
6. Violation of Article 10 where improvement is not made after NCC has issued a warning and requested improvement by a given deadline;
7. Major violation of Article 10;
8. Any circumstance that may lead to the termination of contract.
Article 13 The violation of these Directions or the contract by an inspection institute shall be handled by NCC according to the violated term in the contract in addition to the preceding article.
Article 14 An inspection institute that violates Paragraphs 1 and 2 of Article 9 shall be banned from reapplying for the status of inspection institute within 2 years from the day of contract expiration.
An inspection institute whose contract is terminated pursuant to Article 12 shall be banned from reapplying for the status of inspection institute within a year from the day of termination.
Article 15 The names of the inspection institutes that are entrusted or removed from entrusting shall be announced by NCC.
Article 16 These Directions shall come into effect on the date of promulgation.