電信管制射頻器材管理辦法

The regulations hereunder are promulgated pursuant to Paragraph 2, Article 49 of the Telecommunications Act (hereinafter as “Act”)

These regulations govern the manufacture, import, installation, possession, selling, and public display of controlled telecommunication radio-frequency devices (hereinafter as “CTRFD”); Matters not provided herein shall be subject to the provisions of other applicable laws.

1Controlled telecommunications devices refer to those authorized radio frequency devices specified in Section 4, Article 49 of the Act.

2CTRFDs shall fall into one of two categories:

31. CTRFDs that require a station license: promulgated pursuant to Article 46, Article 47, and Paragraph 6, Article 14 of the Act, among which a station licenses must be obtained prior to the use of CTRFDs.

42. CTRFDs that do not require a station license: those other than the CTRFDs specified in the previous subparagraph.

5The competent authority shall supervise CTRFDs in accordance with the degree of influence on the order of radio waves and shall conduct regular reviews. However, such restriction shall be lifted for those that, through testing and analysis, demonstrate no radio wave interference.

The competent authority of regulations hereunder shall be National Communications Commission (hereinafter as “NCC”).

Those engaged in the manufacturing or importing of CTRFDs shall be forbidden from operating the devices until approval and a CTRFD operation certificate （hereinafter as “operation certificate”）issued by NCC has been obtained.

1Those who apply for operation certificate shall complete a CTRFD operation certificate application form (hereinafter as “operation certificate application form”), as well as prepare the following other documents, and submit them to NCC; the operation certificate will then be issued after gaining approval:

21. Those applying for manufacturer operations:

3(1) One copy of company establishment registration certificate or commercial establishment registration certificate.

4(2) One copy of factory registration certificate or affidavit.

52. Those applying for import operations: One copy of company establishment registration certificate or commercial establishment registration certificate.

6In order to carry out the registration of company establishment or commercial establishment, the applicant must have first obtained the permit documents issued by NCC and completed the CTRFD operation permit application form and submitted them to NCC for approval. The validity period of operation permits shall be six months. Those that fail to carry out the registration of company establishment or commercial establishment within the period shall re-apply for the permit.

7Those applying for the operation certificates in Paragraph 1, whose submitted documents are incomplete, shall be required to undertake corrective action within a certain period prescribed by NCC. Applications of those who fail to undertake corrective action or whose corrections are still deemed to be incomplete after the prescribed period shall be rejected.

1The below registered content shall be included in the operation certificate:

21. Certificate number.

32. Company or factory name.

43. Representative.

54. Office location.

65. Factory location (if manufacturer).

76. Business items.

87. Certificate validity period.

98. Certificate issued date.

1Operation certificates may not be leased, relinquished, pledged, re-transferred, or provided for the use of others by other means.

2Should the operation certificate be lost or damaged, the holder shall immediately complete CTRFD operation certificate transfer or reissue application form and the documents set in Paragraph 1, Article 6 and submit them to NCC for transfer or reissue.

3Whenever changes are made to recorded items in the operation certificate, the holder shall apply for certificate transfer from NCC in accordance with the following regulations:

41. Change of company name, representative, office or factory location: After completing the change of registration of company establishment or commercial establishment or the registration of factory establishment, the holder shall complete and submit the operation certificate transfer or reissue application form and the documents set in Paragraph 1, Article 6.

52. Change of business categories: One shall fill in and submit the operation certificate transfer or reissue application form and the documents set in Paragraph 1, Article 6.

6The applications in the previous two paragraphs can be carried out by the applicants themselves, or entrusted to be carried out by a designated associate or by others.

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The statistics for the model number and quantity of CTRFDs produced or imported in the previous year shall be listed and reported to NCC either by the operation certificate holder or a designated associate after obtaining notification from NCC.

CTRFDs shall not be manufactured, imported, sold, or publicly displayed unless they have received type approval and recognition of inspections. However, the manufacture of such devices in connection with academic studies, technological research and developments or experiments, as well as uses exclusively for export, re-importation after export and other uses permitted by the NCC of such devices shall be exempt.

1Companies that apply for Personal Locator Beacon (PLB) type approval shall label the device “The holder of this PLB must register required information with the Maritime and Port Bureau of the Ministry of Transportation and Communications (MPB); those who fail to do so shall be penalized according to the provisions of the Telecommunications Act.”

2For those who possess the device stipulated in the preceding paragraph for the purpose of use, shall register required information such as the identification number of the device and the contact telephone numbers of the holders and emergency contact persons. The damage or replacement of device or termination of use, as well as change of personal information, shall also be registered.

3When a PLB holder makes use of the PLB and is discovered by the MPB or a government agency conducting search and rescue operations that no registration has been made in accordance with the provision of the preceding paragraph, he or she shall provide the relevant device identification number and personal information to the aforementioned government agency to make a record and notify the competent authority; the holder shall register required information prior to further use.

CTRFDs that requires a station license, unless otherwise specified by laws and regulations, shall undergo type approval and testing compliance and shall obtain station an establishment permit certificate, station license, or special program authorization documents prior to installation.

1CTRFDs that do not require a station license and for those whose wireless telecommunications terminal equipments (hereinafter as “wireless TTE”) and low-power radio-frequency devices (hereinafter as “LPD”) are for personal use, may be exempted from undergoing type approval, testing compliance, and special program authorization.

2For those whose CTRFDs in the previous paragraph influence aviation safety or interfere with legal communications, NCC shall notify users to cease usage or to undertake corrective action until no interference occurs prior to use.

Should a CTRFD which requires a radio station license be lost or stolen, the certificate holder shall immediately report the certificate discrepancy to NCC or complete an application herewith for removal from the relevant certificate along with relevant a police report or other evidence.

1Should a CTRFD that requires a station license be damaged, replaced, or uses become suspended or terminated, the license shall holder shall report immediately to NCC to dispatch personnel to seal or destroy the device under surveillance, where the sealed period is set by the applicant. When necessary, the applicant may apply for extension by providing written statements of reasons within 14 days prior the expiration date. However, for devices of which the owner is unknown, NCC may directly seal or destroy devices under surveillance.

2When it is known that CTRFDs should be sealed or destroyed under surveillance as per previous paragraph, NCC may actively dispatch personnel to seal or destroy under surveillance.

3For the actively sealed CTRFDs in Paragraph 1 and the previous paragraph, NCC may dispatch personnel to inspect these intermittently.

4The CTRFDs to be replaced or their uses to be suspended or terminated as in Paragraph 1 may be yielded to a third party. The installation and possession of the yielded CTRFD shall be handled in accordance with the relevant regulations to subparagraph 1, Paragraph 2, Article 3.

5The CTRFDs of ships sailing on international routes or deep-sea fishing vessels that have been are destroyed or transferred due to being replaced overseas, through reporting to NCC for recordation, shall not be applicable to the provisions in the previous four paragraphs.

6Those whose CTRFDs require a station license as per Paragraph 1 and require continued usage, the owner of the license may choose not to seal or destroy devices under surveillance, and shall assign someone to record and manage the number of devices and locations placed before re-obtaining a station establishment permit, and shall report to NCC for recordation. NCC may dispatch personnel to inspect these intermittently.

Prior to conducting tests on CTRFD that transmit radio waves, the applicant shall apply to NCC for approval, which shall not be required if an operation certificate has been obtained and the test is performed within an appropriate radio waves shielding facility.

1The import of CTRFD shall be granted and import permit issued by NCC.

2Aforesaid the application of import permit may be submitted online. The effective time and application procedures will be promulgated by NCC.

1Those who apply for import permit certificates, unless otherwise specified by the Regulations, shall attach the CTRFD import permit certificate application form in accordance with the usage of CTRFD and one of the documents in the following subparagraphs and relevant documents to be handled by NCC:

21. Public telecommunications station: System establishment permit documents, network construction permit documents, or special program authorization documents.

32. Broadcast TV and radio station, dedicated telecommunications station, or other telecommunications station: Station establishment permit certificate or special program authorization documents.

43. Mobile satellite earth station or small satellite earth station: Documents of proof for type approval, documents of proof for Declaration of Conformity (hereinafter as “DoC”), or special program authorization documents.

54. Amateur wireless devices: Documents of proof for type approval, documents of proof for DoC, establishment permit documents, or special program authorization documents.

65. CTRFDs for use on foreign flag-flying ships or export ships: Foreign flag-flying registry certificates, sale and purchase contracts, or special program authorization documents.

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1Those in one of the following situations when importing CTRFDs shall be exempt from applying for and obtaining import permit certificates:

21. The wireless TTE and LPD, where the type approval is qualified by or the DoC registration has been completed by the NCC or certification bodies recognized and entrusted by NCC.

32. Besides mobile satellite earth stations and small satellite earth stations, to import self-use wireless TTE or LPD, one shall fill in the self-use affidavit, where the affidavit is only for self-use and not for sale or other commercial purposes and shall attach documents proving the compliance of relevant technical specifications. The restrictions to the imported quantity are as follows:

4(1) For those who are to import through hand carry, at most, the quantity may not exceed five sets each time.

5(2) For those who are to import by mail or other non-hand carry methods, at most, the quantity may not exceed two sets at one time.

6(3) For the same natural or legal persons importing the same brand and model number, the limit is ten sets within one year.

73. Domestically manufactured CTRFDs that were returned or shipped back after having been exported.

1Those that apply for import permit certificates for the following different types of CTRFDs shall attach the CTRFD import permit certificate application form and relevant documents to be handled by NCC:

21. Those whose non-domestically manufactured CTRFDs have been returned or shipped back after having been exported.

32. Those that import at most ten sets of CTRFD of the same brand and model number for type approval purposes each time.

43. CTRFDs that do not require a station license for research and development, testing purposes, or for exhibitions.

54. CTRFDs for export purposes only are imported to be processed, repaired, or assembled.

65. With the exception of mobile satellite earth stations and small satellite earth stations, self-use wireless TTE or LPDs.

76. A maximum of two self-use amateur mobile radio stations imported for amateur radio operators.

8For the self-use wireless TTE or LPDs in subparagraph 5 of the previous paragraph, the restrictions to the imported quantity shall be as follows:

Imported ships or aircrafts with CTRFDs previously installed shall be exempted from an import permit but shall apply for radio station license as per relevant regulations.

1Under the circumstance that the different model number of devices are imported at one time by the same applicant, or setup permit, special program authorization document provided has different period of validity, import permits shall be applied for separately.

2An exception shall be CTRFDs listed in Article 19.1 for which import permits can be applied for together.

1The import permit shall be valid for one year and limited to import CTRFDs once. If necessary, the permit can be extended once for one year before expiration. Only one extension shall be allowed. However, the validity of import permit cannot be longer than the validity of setup permit or special program authorization document.

2In the case of a lost import permit, the holder shall apply for reissue herewith to NCC.

1When necessary, NCC may dispatch personnel with documents of proof to undertake inspections of the manufacture, import, sale, and public display of CTRFDs based on the recorded or reported items of business operators that have obtained operation certificates. The business operators may not refuse or evade.

2When necessary, NCC may dispatch personnel with documents of proof to head to the locations of sales, public displays, installations, or with CTRFD to undertake inspections of the type approval, technical characteristics, quantity, or station license of the CTRFD. Those with sales, public displays, installations, or holding CTRFD may not refuse or evade.

NCC staff applicable to Article 23 shall undertake the inspection and provide a written record of the results.

The application fee shall be paid upon inspection and issuance of license. The application fee is charged as per budget procedure.

(Deleted)

Violation of regulations hereunder shall be penalized in accordance with the Act.

The flow chart and form of table shall be stipulated by NCC.

These regulations shall come into effect as of the date of promulgation.