第三代行動通信業務管理規則

The National Communications Commission (NCC) is the authority of the Regulations.

1The carrier of this business shall start its operation after acquiring the concession license with the franchise from the authority.

2The beginning and the end date of application for operating this, business shall be announced by the authorities.

3The minimal bidding price for the license of this business shall be announced by the authority.

4The operation area of this business is the whole nation.

5The minimal paid-in capital for operating this business shall be 6 billion New Taiwan dollars.

6If the applicant operates other business of Type I telecommunications enterprises at the same time and there is restriction on the paid-in capital to the other business, after acquiring the establishment approval, the required minimal paid-in capital shall be calculated by aggregating the minimal requirement of each service.

1After paid-in capital exceeds the minimum capital amount (inclusive) prescribed in the foregoing article and the number of shareholders exceeds 200 persons, the operator must apply to the securities management agency for public issuance procedures within three months after its establishment registration or new stock issuance change registration.

2If an operator reduces its capital pursuant to a resolution of its shareholders meeting or engages in the actions specified in Article 185, Paragraph 1 of the Company Law, it shall report said actions to the competent authority for future reference within 20 days of the day after the shareholders meeting resolution.

1The franchised cases of application for this business shall be conducted according to the following two stages:

21. Stage One: Reviewing the applicant’s application form, the business plan, and other qualifications and terms

32. Stage Two: After the applicant who passes the stage-one reviewing becomes a qualified bidder (thereof called the Bidder) shall participate the bidding according to regulations. After the winning bidder shall pay the awarded bidding price at one time or pay the down payment and the payment guarantees of the interests of the awarded bidding price, the authority will issue the applicant with the establishment approval.

1If any of the following situations happens, the authority may declare aborting the bid:

21. The number of applicants for operating this business is less than five.

32. The number of bidders is less than five.

4If the number of the qualified applicants in the first round in the bidding procedure is less than five, the authority may revoke aborting the bid.

1The bandwidth and bands of frequencies used by each license in this business are as the following:

21. License A: 2 x 15MHz (1920~1935MHz; 2110~2125MHz) + 5MHz (1915~1920MHz)

32. License B: 2 x 10MHz (1935~1945MHz; 2125~2135MHz) + 5MHz (2010~2015MHz)

43. License C: 2 x 15MHz (1945~1960MHz; 2135~2150MHz) + 5MHz (2015~2020MHz)

54. License D: 2 x 15MHz (1960~1975MHz; 2150~2165MHz) + 5MHz (2020~2025MHz)

65. License E: 2 x 20MHz (825~845MHz; 870~890MHz)

To apply for operating this business, the applicant shall be a company limited by shares and established in accordance with the Company Law. Its chairman shall have the nationality of the Republic of China. The total number of the shares held by foreigners shall comply with Paragraph 3 or 5 in Article 12 of these Regulations.

1The same applicant shall not apply for two or more than two applications of this business.

2If different applicants have any of the following situations, they will be regarded as the same applicant:

31. The applicant holds more than one and half of another applicant’s voting shares, or the applicant’s investment amount exceeds one and half of another applicant’s total capital.

42. The directors of the applicants have more than one and half the same directors of another applicant.

53. More than one and half voting shares or the total capital of the applicant and another applicant are held or owned by the same shareholders.

64. Different applicants are both subordinated to a third party at the same time.

75. There are controlling and subordinating relationship exists among the controlling companies of different applicants.

8The controlling and subordinating relationship as mentioned in item 4 and 5 of the preceding paragraph is referred to the relationship mentioned in item 1, 2, and 3 of the preceding paragraph.

9The number of shares in item 2 shall be calculated according to Article 369-11 in the Company Act.

10If one shareholder of one applicant holds the shares of the other applicant, except that its shareholding ratio in one of applicants is not restricted, its shareholding ration in any other applicants shall not exceed ten percent.

11Item 1 and 5 shall also apply to the applicant before the applicant acquires the concession license after the applicant wins the bidding.

1If different applicants have any of the following situations, they will be regarded as the associated applicants:

21. One of the applicants holds the other applicant’s shares that are more than fifteen percent of the total capital of such other applicant.

32. The same shareholders hold different applicants’ shares that are more than one third of each applicant’s total capital.

4The number of shares in item 2 shall be calculated according to Article 369-11 in the Company Act.

5The associated applicants shall coordinate to designate one of the applicants as the qualified applicant in the time limit regulated by the authority. If the coordination cannot be completed, the qualified applicant shall be decided by a lot drawing which will take place at the time and place designated by the authority.

6If the applicant decided through the coordination or the lot drawing or the applicants do not attend the lot drawing, the application shall be regarded as countermand. The reviewing fee and the accrued interest will not be refunded while the bid deposit will be refunded.

7This article shall also apply to the applicant before the applicant acquires the concession license after the applicant wins the bidding.

The applicant shall conduct the testing of receiving in the condition of the frequency regulated in Article 7. If the testing result reveals any suspicion that needs to be clarified, the applicant shall apply for information inquiry to the authority before the deadline of the application. The authority of the band of the winning bidding shall be responsible for clearing and coordinating the frequency according to related regulations.

1The applicant applying for operating the franchised businesses shall submit the following documents to authorities for application in the announced application period:

21. Application

32. Business Plan

43. A photocopy of the receipt of remittance record of bid deposit

54. A photocopy of the receipt of remittance record of reviewing fee

6The business plan mentioned in the preceding paragraph shall contain the following items:

71. Operating services

82. Service districts

93. General description of telecommunications facilities:

10(1) Adopting the types of IMT-2000 telecommunications technology announced by the International Telecommunications Union.

11(2) The construction plan of system facilities and the schedule.

12(3) System structure, movement principles, communication types, and service types.

13(4) Utilization plan of radio frequency.

144. The financial structure: The estimated total capital and the total paid-in capital after the applicant wins the bidding and completes the registration of the company alternation, the estimation of the capital resources in the future five years, and the utilization plan of the capital

155. The technological capacity and the development plan

166. Charge Standards and the calculating methods

177. Personnel organization and the description of the shareholding: Copies of company license, a name list directors and shareholders who holds one percent of shares, the calculation form of the foreigners’ shareholding ratio, the report on the relationship of the subordinating companies, and the merging business report of the controlling companies

188. The scheduled date of starting operation

19The contents and format that shall be provided in the documents regulated in Paragraph 1 and 2 shall be decided and announced by the authority.

20In order to verify the situation of the same applicant as mentioned in Article 9 and that of the associated applicants as mentioned in Article 10, the authority may request the applicant to submit relevant supplemental documents in a time limit if necessary. This regulation shall apply to the applicant before the applicant wins the bidding and acquires the concession license as well.

21After the applicant files the application according to Paragraph 1, the submitted documents will not be returned.

22The bid deposit is one billion New Taiwan dollars, and the reviewing fee is 200 thousand New Taiwan dollars. After the applicant pays the bid deposit and the reviewing fee, the applicant shall not request for refund before the bidding result is announced unless other rules are stated in these Regulations.

23The bid deposit and the reviewing fee shall be paid by electronic remittance to the account designated by the authority. The company name, address, and telephone of the applicant shall be written when the remittance is made.

1If any of the following situations happens to the application filed by the applicant, the remedy shall not be made, and the application will not be accepted. The bid deposit and the reviewing fee shall be refunded without interest within 7 days from the next day when the not-to-accepted disciplinary citation is arrived:

21. The application is filed after the application deadline.

32. The application or the business plan is not submitted.

43. The bid deposit or the reviewing fee is not paid according to regulations or the paid bid deposit or the paid reviewing fee is not sufficient.

1If any of the following situations happens to the application filed by the applicant, the remedy shall not be made, and the application will not be accepted. The bid deposit, the reviewing fee, and the accrued interest will not be refunded. If the above payments are refunded, they shall be reclaimed:

21. Any violation to Paragraph 1 and 5 in Article 9

32. The items contained in the application documents regulated in Article 8 to 10 are untrue or fraudulent statements.

43. The application documents are forged or altered.

54. Any conduct that will affect the fairness of the bidding, such as bid fixing.

6If any of the following situations happens to the application filed by the applicant without the existence of the situations regulated in Article 13, the authority shall notify and request for remedy. If the remedy is not made or the content of the application is incomplete after remedy, the application will not be accepted. The bid deposit shall be refunded without interest within 7 days from the next day when the not-to-accepted disciplinary citation is arrived. The reviewing fee and the accrued interest will not be refunded.

1If any of the matters in Paragraph 1 and item 1 and 3 in Paragraph 2 of Article 14 happens to the bidder during the bidding process, the applicant’s right of participating the bidding will be revoked or annulled. If any of the above matters are found after the bidder wins the bidding, the winning bidding will be revoked or annulled. The paid bidding price and its interest will be refunded without interest.

2For the above situation, the bid deposit, the reviewing fee, and the accrued interest will not be refunded. If they are refunded, the refund will be reclaimed.

1If the applicant withdraws the application, the paid bid deposit and the reviewing fee shall be conducted according to the following regulations:

21. If the application is withdrawn before the application deadline announced by the authority, the bid deposit and the reviewing fee will be refunded within seven days from the next day when the withdrawing application arrives.

32. If the application is withdrawn before the list of the qualified bidders is announced, the bid deposit will be refunded without interest within seven days from the next day when the withdrawing application arrives. The reviewing fee and its interest will not be refunded.

43. If the application is withdrawn after the list of the qualified bidders is announced, the bid deposit, the reviewing fee, and the interest will not be refunded. If they are refunded, the refund will be reclaimed.

After the qualification reviewing is completed according to regulations in the preceding section, the authority shall announce the name list of the qualified bidders.

The bidding operation is conduced by the authority.

The bidding date and place shall be announced by the authority seven days before the bidding date.

1The authority shall hold an orientation of the budding process in the bidding place fourteen days before the bidding date for the applicants to understand the bidding process.

2Each applicant shall designate three to six representatives bringing the letter of attorney and relevant certificates to participate in the whole process of the orientation and to sign the declaration.

3The declaration mentioned in the preceding paragraph shall state that the applicant’s representatives clearly understand the bidding process and are willing to obey the regulations and relevant laws of the bidding operation.

The issuance of the license of this business will be conducted by the way of open, simultaneous, ascending, and multi-round bidding methods. The bidding operation is executed according to the electronic bidding quotation methods through the internet of the authority. The bidding process shall be conducted in the way of separating each bidder.

1The authority shall prepare a bidding room in the bidding place for conducting the bidding process.

2Each bidder can designate no more than six representatives into the bidding room. Two of them have had participated in the process orientation and sign the declaration.

3The bidder’s representatives shall submit the letter of attorney before entering the bidding room. Before the finish of each round, the representative cannot leave the bidding room.

4If the bidder’s representatives who sign the declaration regulated in Article 20 are less than two persons, the bidder will lose the qualification of bidding.

5Without the permission of the authority, each bidder’s representative shall not carry any telecommunications facilities into the bidding room. If there is any violation, the facilities shall be compulsorily taken into custody.

6Each bidder’s representative in the bidding room can contact the company only in the way designated by the authority.

7Each bidder and the representative cannot participate in any conduct that will affect the fairness of the bidding process or that violates regulations after the authority announce the name list of the qualified bidders and before the final bidding starts.

8If the bidder or the representative has any conduct that will affect the fairness of the bidding process or that violates regulations, the authority may notify for remedy in a time limit. If the remedy is not made in the time limit, the bidding qualification will be cancelled.

1The bidding shall start at nine o’clock in the morning and finish at five o’clock in the afternoon on each bidding date.

2The allocation for the beginning and finish time of each round shall be announced by the authority thirty minutes before the time of starting bidding quotation in each round. The aforementioned time shall submit to the authority’s time.

3Each first minimal bid price of the bidding target shall be the base price plus one percent. Each first maximum bid price of the bidding target shall be the base price plus seven percent.

4The authority shall announce the first minimal bid price and the maximum bid price of each bidding target thirty minutes before each round starts.

1The bidder shall quote the price according to the following regulations:

21. The bidder can quote the price only once for each round.

32. The bidder can only choose one of the bidding targets for each price quotation.

43. The highest bidding quotation for each bidding target shall be the temporary winning bidder of the bidding target, and the bidding quotation shall be the temporary price of the winning bid. The temporary winning bidder of each bidding target in the end of each round shall not quote the price to any bidding target in the next round in the bidding process unless the winning bidder lose the qualification of the temporary winning bidder due to a higher bidding quotation submitted by other bidders.

54. Besides each first bidding price of the bidding target shall comply with Paragraph 3 in Article 23, each quotation price submitted by the bidder shall equate or be more than the temporary winning price plus one percent of that price and shall equate or be less than the temporary winning price plus seven percent of that price.

65. The unit of each quotation price submitted by the bidder shall be million New Taiwan dollars.

76. The bidder’s representative shall quote the bidding price in the way of electronic quotation method, shall print the quotation every time when the electronic quotation is finished, and shall sign on it to submit to the authority.

1If any of the following situations exists, the quotation shall be regarded as an ineffective one:

21. The non-temporary winning bidder does not quote the price in the time limit of each round.

32. The bidder’s quotation does not comply with Paragraph 1 to 5 in the preceding Article.

The authority shall announce the temporary winning bidder and the temporary winning price for each bidding target immediately. Upon the finish of each round, the authority shall announce the temporary winning bidder and the temporary winning price, the bidder who submit ineffective quotation, its quotation price, and related facts.

1Except the first round, the bidder may waive the bidding right no more than three times in the bidding process. If the bidder temporarily waives the bidding right more than three times, the bidder’s bidding qualification will be cancelled.

2Any of the following situations will be considered as a waiver:

31. The non-temporary winning bidder does not quote the price in each round.

42. The price of quotation in the round is regarded as the ineffective one through verification.

5During the bidding process, except that the bidder temporarily wins the bidding, the bidder may withdraw from the bidding process in written form.

6The authority may revoke the bidder's qualification if the bidder does not quote the price in the first round or the quotation price is ineffective.

During the bidding process, if any force majeure occurs or the bidder commits any significant violation, or if any other situation that makes the bidding process inappropriate to continue, the authority shall announce the suspension of the bidding process and shall decide the follow-up arrangement depending on situations.

1The bidding process shall finish when all bidders entitled for quotation do not quote the price and they do not temporarily waive the right.

2When the bidding process finishes, the winning price of each bidding target shall submit to the price quoted by the temporary winning bidder of each bidding target at that time then.

3After the bidding process, the authority shall announce the name list of winning bidders and the winning bidding price of each bidding target.

1If any of the following situations happens to the applicant, the bid deposit shall be refunded without interest:

21. The bid deposit paid by the bidder who participates in the bidding but does not win the bidding shall be refunded within seven days from the next date when the authority announces the name list of the winning bidders.

32. The bid deposit paid by the winning bidder who participates in the bidding shall be refunded after the winning bidder pays the winning bidding price and the first install payment. The winning bidder may transform the paid bid deposit without interest into a part of the first install payment.

4If any of the following situations happens to the applicant, the bid deposit will not be refunded. If the bid deposit is refunded, it shall be reclaimed:

51. After winning the price, the winning bidder does not pay the winning bidding price at one time or the first install payment, the remaining sum of the winning bidding price, and the guarantee for the interest according to the regulations.

62. During the bidding process, the bidder does not quote the price in the first round or the quotation is ineffective.

73. The bidder's qualification is revoked by the authority according to Paragraph 7 and 8 in Article 22.

1When the following disciplinary actions are taken to the case applied for operating the business, the person who receives the disciplinary action will not given opportunities to state opinions:

21. The reviewing fee and its interest are not refunded according to Paragraph 4 in Article 10.

32. The application is not accepted according to Article 13.

43. The application is not accepted, and the reviewing fee and/or the bid deposit (is)are not refunded according to Article 14.

54. The bidding's qualification or the qualification of the winning bidder is revoked or canceled according to Article 15.

65. The reviewing fee or the bid deposit is not refunded according to Paragraph 2 or 3 in Article 16.

76. The loss of the bidding qualification or the loss of the bidding according to the bidding operation in Section 3.

87. The bid deposit is not refunded according to Paragraph 2 in Article 30.

1The winning bidder may choose to pay the winning bidding price at one time or pay it in installments by telegraphic transfer to the account designated by the authority. Once the method of payment to the winning bidding price is decided, it cannot be changed.

2If the winning bidder decides to pay at one time according to the preceding paragraph, the winning bidder or the carrier shall finish the payment within 30 days from the date when the authority announces the name list of the winning bidders.

3If the winning bidder decides to pay in installments, the winning bidder or the carrier shall pay the winning bidding price and its interest according to the following regulations:

41. The winning bidder shall pay 30 percent of the winning bidding price within 30 days from the day when the authority announces the name list of the winning bidders. If necessary, the duration for payment can be extended for 90 days at most, and the interest shall accrue daily at the basic lending rate published by the Bank of Taiwan on the day when the authority announces the name list of the winning bidders. The performance guarantee issued by domestic banks for the payment of the winning bidding price and the delay interest shall be submitted within 30 days from the day when the authority announces the name list of the winning bidders.

52. From the next year of the payment deadline regulated in the preceding item, the winning bidder shall pay the winning bidding price and the interest calculated according to the form in Attachment between January 16th to 31st every year. The interest is calculated according to the preceding year for the unpaid remaining sum of the winning bidding price. The interest of the first year shall be calculated from the next day of the payment deadline regulated in the preceding item to December 31st in that year.

63. The interest of the preceding item shall be calculated according to the annual basic lending rate of Bank of Taiwan prevailing in the year before the payment.

7If the winning bidder pay the winning bidding price according to the first item in the preceding paragraph, the winning bidder shall submit the payment guarantee issued by domestic banks for guaranteeing the payment of the winning bidding price and the interest within 120 days from the day when the authority announces the name list of the winning bidders. The guarantee period shall be 10 years plus 3 months staring from the date of submission of the performance guarantee.

8The amount of the payment guarantee for the interest of the winning bidding price in the preceding paragraph shall be calculated according to the basic lending rate published by Bank of Taiwan on the day when the authority announces the winning bidders.

1The domestic banks mentioned in the preceding Article include:

21. The foreign banks incorporated according to the Banking Law.

32. The foreign banks referred in Article 116 of the Banking Law.

After the winning bidder or the carrier pay the remaining sum of the winning bidding price and its interest according to Item 2 of Paragraph 3 in Article 32, the authority shall notify the guarantee bank to be discharged from the guarantee responsibility of the paid remaining sum of the price.

1If the winning bidder does not obey Item 3 in Paragraph 3 and Paragraph 2 and 4 of Article 32, the winning of the bidding lose its effectiveness.

2If the winning bidder or the carrier does not obey Item 2 in Paragraph 3 of Article 32, the authority shall notify the guarantee bank to carry out the responsibility for guarantee of the payment. If the price is still unpaid, the authority shall revoke the establishment consent, the permit and concession of system installation, and the allocated frequencies. The paid interest of the winning bidding price will not refunded.

1If the winning bidder at least makes the 30 percent of the payment of the winning bidding price according to Paragraph 2 of Article 32 or according to Item 1 in Paragraph 3 and Paragraph 4 of Article 32, the authority shall grant the winning bidder the establishment approval.

2The valid duration of the establishment approval starts from the date when it is licensed to December 31st in 2004. If the winning bidder cannot complete the establishment and acquire the concession licensed during the valid period, the winning bidder shall apply for extension with explanation within one month and three months before the expiration. The extension shall not exceed one year and can only be applied for once. If the deadline is due, the authority shall revoke the establishment approval, the permit of system installation, and the allocated frequencies. The paid winning bidding price and the paid interest will not be refunded.

1After the winning bidder acquires the establishment approval, the winning bidder shall complete the registration for the alternation of the company in order to comply with these Regulations.

2When the winning bidder conducts the registration for the alternation of the company according to the preceding paragraph, its paid-in capital shall comply with Paragraph 5 and 6 of Article 4.

1After the winning bidder acquires the establishment approval and complete the registration for the alternation of the company, the winning bidder shall apply for the permit of system installation with the following documents to the authority:

21. Application of frequency allocation and the permit of system installation

32. Copies of the registration for the alternation of the company

43. Certificates of the establishing confirmation of communications supervising systems or facilities through the negotiation with the executive authority of communications supervision

54. The plan of system construction: including system construction, names and quantity of construction facilities, the quantity of base stations and timetable for achieving the coverage rate of electric power regulated in Article 67

6If the content in the documents of the application for the permit of system installation mentioned in the preceding paragraph is incomplete or is incorrect in its items, the authority shall notify for remedy in a time limit. If the remedy is not made in the time limit or the content is incomplete after remedy, the apllication shall be turned down.

7After the winning bidder acquires the permit of system installation, the winning bidder shall construct the third generation mobile telecommunications network according to the plan of system construction mentioned in Item 4 of Paragraph 1.

8When the winning bidder or the carrier change the plan of system construction mentioned in Item 4 of Paragraph 1, the explanation shall be submitted to the authority for approval.

9If the winning bidder or the carrier constructs the follow-up network which is not included in the plan of system construction mentioned in Item 4 of Paragraph 1, the name and quantity list of the system construction facilities shall be submitted to the authority for approval of the system installation.

10Without the permit of system installation according to these Regulations, any of the third generation mobile telecommunications network cannot be constructed.

11The competent authority shall consult with relevant government entities in consideration of national security when approving or revoking a system development plan.

The affairs of installation permits and radio station licenses of base stations installed by the winning bidders or carriers shall comply with the Regulations for Administration of Base Stations of Mobile Communications Network Businesses.

(deleted)

1If the amount of the constructed base stations reaches more than 250, after the winning bidder or the carrier completes the construction of relevant exchange facilities and connection telecommunications facilities, the winning bidder or the carrier shall apply for the system technical examination to the authority. After passing the examination, the authority shall issue a certificate to prove the passing of the system technical examination.

2If the system exchange facilities are added or altered after the carrier acquires concession, the carrier shall report to the authority for approval. After the addition or the alternation is completed, the carrier shall apply for the system technical examination to the authority. After passing the examination, the authority shall issue a certificate to prove the passing of the system technical examination and allow the system exchange facilities to operate.

3The technical regulations concerning the system examination shall be promulgated by the authority.

(deleted)

1After acquiring the permit of system installation, the winning bidder shall construct the approved systems. The connecting circuits among the winning bidder’s or carrier’s systems and other systems shall be rented from carriers operating fixed telecommunication network service and fixed satellite service. However, if the connecting circuits are in the same building, through the approval of the authority, they are not restricted in this regulation.

2The connecting circuits facilities of the winning bidder's the third mobile telecommunications system network can be constructed after the winning bidder acquires the approval from the authority.

3When the circuits of the approved construction are self-constructed wire optic fiber or cable, the construction shall comply with the following regulations:

41. The land for the laid internet pipelines shall be applied according to relevant regulations to the administrative authority.

52. If the laid internet needs to attach to the pipelines of public business or its related facilities, it shall be conducted according to relevant regulations.

6If the circuits of the construction in Paragraph 2 are microwave links, the carrier shall apply for the permit of radio station installation. The needed frequencies will be allocated by the authority depending on the situation of the relevant technical development and the utilization of frequency resources.

7Items of frequency allocation and station installation permit for circuits of the construction mentioned in the Paragraph 2, such as microwave links, shall be applied for according to relevant rules of Regulations Governing Microwave Station Establishment and Utilization of Type I telecommunications business. Items of frequency allocation and station installation permit for satellite links shall be applied for according to relevant rules of Regulations Governing Satellite Communications Business.

(deleted)

(deleted)

1When the winning bidder applies for the concession license, the winning bidder shall submit the following documents to the authority for application. After approved by the authority, the concession license will be issued:

21. Application for concession license

32. Photocopy of the letter of consent for establishment

43. Photocopy of the certificates of the corporation registration

54. Certificates of eligibility of system technical examination

65. Certificates of tariff approved by the authority for reference

76. Certificates of operation regulations approved by the authority

87. Certificates of a sample of the service contract between the operator and users which is approved by the authority

1The following items shall be contained on the concession license:

21. Name of the operator, its representative, and the location of its company

32. Type of business

43. The amount of total capital and total paid-in capital

54. Service areas

65. Used spectrum

76. Valid term

87. Issuance date

1The valid duration of the concession license starts from the issuance date to December 31st in 2018. After this date, the license loses its validity.

2When the concession license in the preceding paragraph expires, the method of disposition is decided by the authority.

1The carrier shall starts its operation within six months from the day when the concession license is acquired. If the carrier does not starts its operation in the time limit, the authority shall revoke the concession and the allocated frequencies. The paid winning bidding price and the interest will not be refunded.

2If the winning bidder or the carrier violates any relevant regulations, after the authority revokes the establishment approval and the concession, the paid winning bidding price and the interest will not be refunded unless there are other rules provided in these Regulations.

1If the letter of consent for establishment, the installation permit, the station license, and the concession licenser are lost or damaged, they shall be applied for to the authority with explanation. If there is any alternation to the items specified on them, the applicant shall apply for the renewal.

2The letter of consent for establishment, the installation permit, the station license, and the allocated radio frequency shall not be rented, lent, transferred encumbered to others unless there are other regulations in laws provided.

The applicant or the carrier shall use the telecommunications numbers according to related regulations of Regulations Governing Telecommunications Numbers.

1Mobile Telephone Business Operators shall provide subscribers with a free emergency call service with 110 and 119.

2Mobile Telephone Business Operators shall handle 110 and 119 emergency communications as priority.

3Mobile Telephone Business Operators shall transmit emergency SMS service to subscribers within the disaster area specified by the regulating authorities of disaster prevention and protection and shall build and maintain the system running properly.

4In case of a disaster or the risk of a disaster, Mobile Telephone Business Operators shall transmit emergency SMS specified by the regulating authorities of disaster prevention and protection as priority and may request the service fee to the regulating authorities.

5Emergency SMS in the preceding paragraph refers to the information of disaster notified to those subscribers within the disaster area or the area at risk of a disaster specified by the regulating authorities of disaster prevention and protection.

6The Operator shall not be held liable for the SMS content and the results in the disaster area.

7The Operator shall provide the service stipulated in Paragraph 3 before December 31 2012.

1Should the telecommunications line equipment malfunction due to disaster or any other major incident, and results in over a thousand people not being able to access the telecommunications services for more than 30 minutes, the operator shall provide a report in accordance with Paragraph 2 and shall disclose the status of obstacles and methods to manage damage to users in accordance with Paragraph 4.

2The operator shall comply with the following procedures when reporting obstacles as described in the preceding paragraph:

31. Notify users, via a message, the status of an obstacle within 15 minutes after the said disaster / incident.

42. Enter the status of obstacle and progress of maintenance in the competent authority’s Telecommunications and Broadcasting Major Incident and Damage Reporting System within two hours after the said disaster / incident; and, prior to solving the issue, provide status reports and repair progress every three hours. However, any significant change to the status shall be reported at any time.

5Where the operator is unable to conduct the reporting work as described in the preceding paragraph, the operator may submit a report by fax, telephone, email or other methods.

6Within an hour after the circumstance specified in Paragraph 1 occurs, the operator shall disclose the status to users through broadcasting, television, internet and other electronic media. The said status shall include the cause of obstacle, affected areas, and estimated time of completing the repair work and restoration of services. Within an hour after completing the repair work and restoration of services with regard to the malfunction as described in Paragraph 1, the operator shall disclose the damage handling methods to users in accordance with Subparagraph V of Paragraph 2 of Article 71.

7The competent authority may reward or subsidize operators that have proactively implemented disaster prevention and mitigation works and those that have been evaluated as an extraordinary operator by the government.

1Within three months upon receipt of the competent authority’s notification, the operator shall make an inventory of its telecommunication infrastructure in accordance with Annexed table 1. Operators that are deemed as having critical telecommunications infrastructures according to the inventory results shall conduct a self-assessment of critical infrastructure, and submit Annexed table 2 to 4 to the competent authority for approving the items and level.

2Operators that fail to specify infrastructure items in the above-mentioned appendixes shall undertake corrective action within a prescribed period of the competent authority.

3Within three months upon receipt of the competent authority’s approval for its critical infrastructure items and level, the operator shall complete the critical infrastructure protection plan according to the following provisions.

41. Operators of level 1 critical infrastructure shall submit a report to the competent authority for approval.

52. Operators of level 2 critical infrastructures shall submit a report to the competent authority for reference.

63. Operators of level 3 critical infrastructure shall adopt their own control measures.

7The above-mentioned operators who fail to specify prerequisite details of the level 1 or level 2 critical infrastructure protection plan shall undertake corrective action within a prescribed deadline as notified by the competent authority.

8The operator shall conduct regular drills according to its critical infrastructure protection plan and prepare a written record. The record shall be preserved for 5 years.

9The competent authority may request an operator to conduct drills according to its critical infrastructure protection plan; the competent authority shall then conduct an evaluation of the performances of the operator in the drill. Where an improvement is required according to the evaluation results, the operator shall undertake corrective action within a prescribed deadline as notified by the competent authority.

The authority shall conduct regular or irregular examination on the third generation mobile telecommunications system established by the carrier.

(deleted)

If the radio frequency used by carriers is interfered by the radio frequency of the legally established base station that is not used for this business, carriers shall try to negotiate with the establisher of the legally established base station. If an agreement cannot be reached, the issue shall be reported to the authority for resolution. Users of different frequencies shall obey the resolution made by the authority.

1When connecting facilities established by the carrier with those of other public communications networks, the carrier shall comply with the following regulations:

21. Operators shall sufficiently protect the privacy of users.

32. Operators shall maintain appropriate quality of communications.

43. Operators shall not damage the facilities of users or other public communications network.

54. Operators shall have a precise point of division of liabilities between its telecommunications facilities and the facilities of other public telecommunications network.

65. Operators shall provide country code CLIP (Calling Line Identification Presentation) function in inbound international call and blocking inbound international call service by trusted user.

7If any of the above regulation is not followed, the authority shall order to improve or confine its use within a time limit.

8An Operator shall provide the service of item 5 of the Paragraph 1 from 1st Oct 2011.

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When the carrier’s concession is revoked or canceled, the authority shall revoke or cancel its radio frequencies.

The carrier and those who acquire the establishment approval shall obey the authority's command to organize a negotiation group together of the mobile telecommunications construction to negotiate the shared items of network connection, internet roaming, and the co-built or co-located base stations.

1The carrier shall employ the advanced engineers qualified to the regulations to take responsibility and to supervise the construction, maintenance, and utilization of telecommunication facilities. The engineers have to sign for approval in construction logs or maintenance logs.

2The construction logs or maintenance logs mentioned in the preceding paragraph shall be preserved for at least one year. When the authority designates representatives to conduct the examination, the carrier shall provide them.

In order to increase the rights and interest of citizens’ basic communication, to provide the basic communication service to the remote areas, and to achieve the goal of telecommunication popularization, the carrier shall submit the popularization and service fund for telecommunication business according to Regulations on Telecommunications Popularization Service.

1If the carrier is also the carrier of the second generation at the same time, the carrier shall provide the second generation mobile telecommunications network for the service of internet roaming to the new carrier. The arrangement of the roaming service shall be decided through the negotiation among carriers. When providing the roaming telecommunication service, the carrier shall report to the authority for approval and reference.

2The new carrier referred in the preceding paragraph is not carrier who operates both the third generation mobile telecommunication business and the second generation business.

The carrier of mobile telephone business shall provide the equal access services according to relevant regulations in Regulations Governing the Equal Access Service.

1The carrier shall provide services equally. Without legitimate reasons, the carrier cannot reject the request made by a citizen to use the service of this business in the approved operating areas.

2The authority shall restrict the carrier in the quantity of the subscriber numbers in this business applied by a citizen using the same identification numbers. The carrier shall conduct the business according to the regulations made by the authority.

Within three years from the day when the carrier acquires the permit of system installation, the radio wave coverage range of the base stations shall achieve 50 percent of the population in the operation areas.

The carrier’s accounting system and accounting treatment shall comply with the Regulations Governing Accounting System and Treatment of Type I Telecommunications Enterprises regulated by the authority.

The operators shall decide the tariffs for this business in accordance with the Administrative Regulation Governing Tariffs of Type I Telecommunications Enterprises base on Article 26 of the Telecommunications Act.

1When the carrier provide the brief codes made by the carrier or the telecommunication numbers allocated by the authority for users to download films, pictures, audio messages, data, or text messages by dialup, the carrier shall explain the charging methods to the subscribers and obtain the subscribers’ consent in advance before the charging calculation starts.

2When the carrier cooperates with other organizations to provide the service mentioned in the preceding paragraph, the carrier shall report the cooperating subject, methods, and the used brief codes or telecommunication messages to the authority for reference within seven days before providing the service. When there is any alternation, the carrier shall follow the above procedure as well.

3From the day when the carrier provide the service mentioned in Paragraph 1, the carrier shall conduct the daily testing of the charging method explained to the subscribers and preserve the records for the authority’s irregular examination. If necessary, the authority shall ask the carrier to conduct the testing of the telecommunication terminal facilities that are used for services.

4If the service content provided by the carrier is different from the items approved by the authority, the service shall be terminated according to notification from the authority.

1If a user refuses to pay or delays in paying the tariffs, the carrier shall give a notice to the user to pay the overdue payment in a comparable period of time and shall notify the user that the service shall be terminated according to the service contract if the user does not pay all the overdue payment in a time limit.

2Before the time limit mentioned in the preceding paragraph is due, the carrier shall not terminate the service due to the unpaid overdue payment.

1The carrier shall stipulate business regulations according to the relevant terms of the services and shall announce for execution after reporting to the authority and approved by it. The business regulations shall placed in every business places and on the website for consumers’ reference. If there is any alternation, the above regulations and procedures shall be followed as well.

2The business regulations shall stipulate fair and reasonable service terms and contain the following particulars:

31. Items of services provided by the carrier

42. Charge standards of each service and the terms for tariff adjustment

53. Restrictions on and terms for the user’s personal information

64. Measures to indemnify users form any damage when the carrier’s concession license is revoked or suspended, or the business is forced to be terminated.

75. Measures to respond the damages caused by the errors, delays, interruption, or the failure of transmission due to the obstruction or blockage in telecommunication facilities

86. Measures to respond the user’s complaints and other items related to the user’s rights and interest

97. Other terms of services

10If there is any matter that cause damages to the consumers’ rights and interest or any unfair matter in the business regulations, the authority can ask the telecommunication enterprises for remedy within a time limit.

11The standardized service contract made by the carrier and the user shall contain each items mentioned in Paragraph 2 and shall be reported to the authority for approval before it becomes effective. It cannot violate regulations of Telecommunications Act and business regulations. If there is any alternation, the above regulations and procedures shall be followed.

12The carrier shall sign a contract with the user respectively according to the standardized service contract reported to and approved by the authority. The carrier that operates this business by means of prepaid cards or other prepaid tariffs shall follow these regulations as well.

13If there is any alternation or correction to the standardized service contract used for the carrier and the users, the content shall be announced by media before it is executed.

1The service quality and internet capacity provided to customers and operated by the carrier of the third mobile telecommunications network shall comply with the service quality regulations and related technical regulations made by the authority.

2The authority can conduct evaluation or authorize the civil organizations to conduct the evaluation if necessary and shall announce a regular evaluation report about the service quality of each carrier.

If the carrier’s improper operation or the bad service quality causes damages to the user’s rights and interest, the carrier shall correct the situation within a time limit notified by the authority.

When the mobile communication networks established by the carrier connect with other networks of Type I telecommunications enterprises, the carrier shall conduct the business according to Regulations Governing Network Interconnection among Telecommunications Enterprises.

1The carrier shall provide relevant information when there is any request for inquiring the utilization of telecommunications and the contents for the purpose of investigations or collection of evidence according to legal procedures.

2The supervision items of the telecommunications contents mentioned in the preceding paragraph shall be conducted according to Communication Protection and Supervision Act.

3The communication records of the telecommunications mentioned in Paragraph 1 shall be preserved at least six months.

4When carriers establish, newly construct, newly add, or extend the third generation mobile telecommunications systems, the facilities related to communication supervision shall comply with Communication Protection and Supervision Act and its enforcement rules.

1The carrier shall preserve the communication records of the telecommunication at least six months.

2The carrier shall provide the communication records preserved according to the preceding paragraph for the inquiry application from users.

1The carrier shall verify and key-in the users’ information. The service can be used after the carrier save the information in the system archive for reference. The information shall be preserved at least one year after the service contract is terminated. When the related authorities inquire the information according to legal regulations, the carrier shall provide the information. The carrier that operates this business by means of prepaid cards or other prepaid charging methods shall obey these regulations as well.

2The users’ information mentioned in the preceding paragraph includes the user name, address, the numbers of two documents verifying identification, and allocated numbers that can be used for identification.

3The numbers of two documents verifying identification referred to in the preceding paragraph, in the case of an applicant being a domestic natural person, shall refer to the user’s ID number and passport number, or either the ID number or passport number and a number of another form of identification that suffices to identify the individual; in the case of an applicant being a foreign natural person, numbers of two documents verifying identification shall refer to the user’s passport number and Alien Permanent Resident Certificate (APRC) number, or either the passport number or the APRC number, and a number of another form of identification that suffices to identify the individual; in the case of an applicant being a legal person, non- legal person or company, numbers of two documents verifying identification shall refer to the verifying document of legal person, non- legal person or company number and the representative’s ID number, the passport number or APRC number.

4Those who cannot accord with the required two forms of documentation shall be handled in accordance with other laws and regulations.

5The input of the user’s information mentioned in Paragraph 1 shall be completed within 2 days from the date when the application is accepted by the carrier.

The carrier operates this business by means of prepaid cards or other prepaid charging methods shall review the user’s information every week. If there is any matter that the user starts using the service but there is not the user’s information in the system, the carrier shall notify the user for remedy within one week. If the user does not make the remedy, the carrier shall terminate the communication.

1If the carrier is going to suspend or terminate parts or all of business, the carrier shall report to the authority for approval three months before the scheduled suspension or termination date and shall notify users one month before the date of the approved suspension or termination.

2When the carrier terminates the whole business through the approval from the authority, the authority shall revoke its concession license.

3If the carrier does not restart the business or terminates the business when the period of the suspension is due, the authority may take proper measures to deal with such issue if necessary.

1The operator, when terminating its whole service due to the expiry of the concession license, shall submit a business termination plan to the competent authority for its reference three months prior to the expiry of the concession license, and shall also notify its subscribers one month prior to the expiry of the concession license.

2The foresaid business termination plan shall disclose the following:

31. The number of users when submitting the plan and the expected decrease of the number of users prior to the expiry of the concession license.

42. Mobile telecommunications network service tariff plan enabling the transfer of subscribers.

53. Amount of refunds of deposits and overpayments.

64. Plan for the announcement of business termination.

75. Specific measures to notify subscribers.

86. Customer service response plan.

97. Alternatives for signal coverage.

The carrier shall provide the service of portable numbers according to Regulations Governing Number Portability.

1Upon receipt of the concession license, the operator shall establish information security protection and detection facilities within one year, and pass the following information security management verification within two years:

21. The national standard CNS 27001 or the international standard ISO/IEC 27001.

32. The New Item Audit Form of the Telecommunications Enterprise Information Security Management Manual ISO/IEC 27011 announced by the competent authority.

4Operators that have already obtained a concession permit prior to the amendment to Regulations on May 22, 2017 shall establish information security protection and detection facilities within a year after the amended promulgation date, and shall pass above-mentioned information security management verification within two years after the said date.

5The implementation of verification and information security protection and detection facilities as described in the preceding two paragraphs shall be reported to the competent authority for approval.

6Where the operator falls under any of the following circumstances, an amendment shall be made to the implementation of the verification described in Paragraph 1 and Paragraph 2 according to the notification of competent authority. An approval shall also be received from the competent authority and the operator shall pass the information security management verification within the prescribed deadline notified by the competent authority:

71. Where the information security incident that has occurred to the system reached level 3 of the level of concern as described in Regulations Governing National Information Security Reporting and Responding Operations.

82. Where relevant agency has notified a potential harm to the national or information security.

9Where there is any potential harm to national or information security, the competent authority, upon receipt of relevant agency’s notification, may require the operator to shorten the period aforementioned in Paragraph 1 and Paragraph 2.

10The operator shall not only conduct penetration test (PT), weakness scanning and maintenance work on a regular basis, but also establish defense and response measures to notify, handle and report information security incidents in accordance with the information security response operating procedures announced by the competent authority

11Where an information security incident takes place, the operator shall, according to information security incident notified by the competent authority, conduct emergency response measures, retain relevant records, and report to the competent authority. The said records shall be preserved for at least six months.

1The operator’s telecommunications equipment room or internet data center shall be established with a physical isolation and be equipped with an independent entrance / exit.

2The access control security management systems, including all-weather intrusion alerts and video surveillance, shall be installed at the entrance / exit as described in the preceding paragraph. The alerts and recorded videos shall be preserved for at least six months.

3The telecommunications equipment room or internet data center as described in Paragraph 1 shall be prohibited to access, except for those with the installation, maintenance, monitoring or other operational purposes that are deemed necessary.

4The operator shall set respective security management and operation rules for different telecommunications equipment rooms and / or internet data centers; the rules shall be reported to the competent authority for reference.

5The security management and operation rules in the preceding paragraph shall include at least the following items:

61. Division of rights and responsibilities: including the authorities related to the security maintenance zone, responsible units, staff organization and duties, and access to the telecommunications equipment room (internet data center).

72. Access control management: including the management of identification (name and ID card or passport number), organization (institution), entry (exit) time, and entry (exit) purposes of staffs, subcontractors, visitors or internet data center guests who enter the telecommunications equipment room (internet data center); auditor’s audit records; and objects entering (exiting) the room (center).

83. Maintenance management: management of the maintenance works conducted by internal staffs or subcontractors.

94. Environment management: management of fire fighting, security, electricity and relevant facilities.

105. Management records: including the access management, maintenance and environment maintenance records.

116. Audit operations: shall include regular and irregular audit works.

12The management records of Subparagraph V of the preceding paragraph shall be preserved for at least six months.

13The competent authority, depending on operators’ status of implementation, may require the operator to make amendments to their security management and operation rules for telecommunications equipment room (internet data center) of Subparagraph IV.

14Operators shall implement security management and operation rules for telecommunications equipment room (internet data center) of Subparagraph IV; the competent authority may send personnel to conduct audit works on a regular basis or depending on the actual needs.

1Where the operator has established an internet data center for other telecommunications enterprises to place their telecommunications equipment in order to provide telecommunications services, the space leased to other telecommunications enterprises shall be physically isolated and equipped with an independent entrance / exit.

2Where the said space does not comply with provisions of the preceding paragraph, the operator shall undertake corrective action within a year after the amendment of the Regulations on May 22, 2017. Those who fail to make corrections within the prescribed deadline shall, prior to the expiry of deadline, apply to the competent authority for an extension with reasons specified; the extension shall not be longer than six months and shall be limited to one time only.

Where there is any individual who can potentially harm the national security, the national or information security relevant agency shall notify the competent authority; upon receipt of the notification of the competent authority, the operator shall prohibit the said person from entering the telecommunications equipment room or internet data center.

1Where the outsourced design is related to the information system software of network system resources, users’ personal data and telecommunications content, or the maintenance system, the operator shall report it to the competent authority for reference. The maintenance operations shall be monitored by staff of the telecommunications equipment room; all system connection instructions shall be recorded by the staff; relevant records shall be retained for at least six months.

2Operators shall not entrust any individual who can potentially cause national security to design the information system software of network system resources, users’ personal data and telecommunications content, or to maintain and test the connection of remote systems.

1The carrier shall negotiate with other carriers with honesty and in good faith for the internet roaming and other matters that are required to be negotiated according to these Regulations. If several carriers request for negotiation for the same matter, the carrier shall negotiate with them at the same time.

2The negotiated referred in the preceding paragraph shall be concluded with an agreement within three months from the day when the negotiation starts. The agreement shall be sent to the authority for reference within one month after the agreement is achieved. After receiving the request for negotiation, if the carrier does not starts the negotiation within one month or the agreement cannot be achieved within three months, any of the carriers shall request the authority in written form for mediation.

1The carrier applying for this business shall follow the procedures of applying for reviewing, verification, examination, and issuance and shall pay the fees of reviewing, verification, examination, and license.

2The winning bidder shall pay the authority the utilization fee of the radio frequencies regulated by the authority starting from January 1st in 2003.

The items and formats that shall be contained in the content in related forms or licenses regulated by these Regulations shall be decided and announced by the authority except that there are other codes in these Regulations.

The periods that are regulated by the authority and that the applicant and the carrier shall follow are all unchangeable period unless the extension is provided for.

Any violation to these Regulations will be punished according to this Act.

The Regulations and relevant amendments shall be implemented from the date of promulgation.