學術教育或專為網路研發實驗目的之電信網路設置使用管理辦法

These Regulations are promulgated pursuant to Paragraph 5, Article 47 of the Telecommunications Act (hereinafter referred to as this “Act”).

1The terms of these Regulations are defined as follows:

21. “Academic and educational telecommunications network” refers to a telecommunications network that is for academic and educational use and complies with the purpose of establishment and operation prescribed by Paragraph 1, Article 5.

32. “Technical experiments and research and development telecommunications network” refers to a telecommunications network established in order to conduct experiments, research and development and complies with the purpose of establishment and operation prescribed by Paragraph 2, Article 5.

43. “Commercial experiments and research and development telecommunications network” refers to a telecommunications network established to conduct experiments, research and development, as well as commercial verification purposes, and complies with the purpose of establishment and operation prescribed by Paragraph 4, Article 5.

54. “Administrators” refers to those who establish one part or the entire telecommunication facilities for academic and educational, or experiments and research and development telecommunications network by themselves pursuant to this Regulation and have been issued licenses approved by the competent authority.

65. “Subscribers” refers to those who register to or enter a contract with administrators to make use of telecommunications network service that they provide.

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The competent authority referred to in these Administrative Regulations shall be the National Communications Commission.

1The applicant applying for the establishment and operation of a telecommunications network for academic and educational purposes shall, prior to submitting an application to the competent authority, be approved as an academic and education body by the relevant authority.

2The applicant shall gain approval of the competent authority prior to the establishment of a telecommunications network for academic and educational, technical experiments, or commercial experiments and research and development purposes; after the establishment has been approved and examined and the license issued, the telecommunications network shall be put into use.

3The competent authority that reviews applications for the establishment of academic and educational, or technical and commercial experiments and research and development telecommunications networks, as well as applications for the renewal of licenses, may establish a Review Committee.

4The procedure of establishing Review Committee in the preceding paragraph shall be instituted by the competent authority.

1The purposes for establishing an academic and educational telecommunications network shall be one of the following:

21. To support academic, education or research applications.

32. To enhance academic capabilities and advance research and development.

43. To integrate the telecommunications network of academic or educational resources.

5The purposes for establishing and operating a technical experiments and research and development telecommunications network shall be one of the following circumstances:

61. To test techniques required for type approval of related equipment of telecommunications network systems.

72. To develop or test communication or value-added service for each type of telecommunications network, so as to develop various kinds of services and content.

83. To research, develop or test techniques or related facilities of the telecommunications network system, so as to meet the needs for technical research and development.

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1Applicants or administrators shall not utilize academic and educational telecommunications networks, or technical experiments and research and development telecommunications network to provide telecommunications services, such as those of telecommunications businesses or broadcasting and television businesses that engage in making profit, transgressing operations or causing public misunderstanding.

2Applicants or administrators that provide an academic and education telecommunications network with each kind of telecommunications service shall not charge any fee from the subscribers. Nevertheless, those who share the expenses of network construction or the maintenance and operation shall not be limited herein.

3Applicants or administrators that provide each kind of telecommunications service for technical experiments and research and development telecommunications network shall not charge any fee from the subscribers. However, for deposits for equipment of two-party contract to that ensure facilities would not be damaged by the subscribers and returned to administrators as scheduled shall not be limited herein.

4Applicants or administrators using the telecommunications services provided by the established commercial experiments and research and development telecommunications network shall not illegally operate a telecommunications business or broadcasting and television business, or undertake any action that sufficiently causes the public to misidentify it as a telecommunications business or a broadcasting and television business.

5Applicants or administrators providing various telecommunication services on commercial experiments telecommunication networks, after the approval of the competent authority and the signing of service contracts with users, may seek profit or charge users for fees. The charging items include fees for profit-seeking actions such as commercial verification and those specified in the provision of Paragraph 3.

The collection, processing or use of personal data by administrators shall comply with the relevant provisions of the Personal Information Protection Act; users shall be clearly informed of the purpose and scope for the collection and use of other information.

During the experimental period, administrators shall comply with the nature of the experimental business and adopt appropriate and sufficient information security measures in order to ensure the security of information collection, processing, use, and transmission.

1Those who apply and establish an academic and educational telecommunications network shall be subject to one of the following qualification:

21. A central or local government authority that is engaged in academic research or in charge of educational activities.

32. Educational organizations that establish the related departments or institutes of telecommunications, electronic engineering, electrical engineering, physics, transportation, meteorology, navigation, navigation management, marine technology, radio communication or information.

43. Public and private research institutions, social education institutions, or government agencies (organizations) that are engaged in the related applications and research and development on Telecommunications network and radio communication.

54. Groups engaged in the academic research development of radio technologies, registered with the government.

1Those who apply to establish an academic and educational telecommunications network shall prepare and submit the following documents to the competent authority:

21. Application for academic and educational telecommunications network.

32. Documents approved by the competent authority in charge of the academic and educational services.

43. A proposal of the establishment.

54. A CD-Rom containing the application in digitized documents (either PDF or ODF format).

1The proposal of establishment under Subparagraph 3 of the preceding article shall include the following items:

21. The purpose and benefits of establishment.

32. Research items and methods, or a concrete proposal for promoting the nation’s academic, teaching research activity and application development.

43. The contents of service.

54. The geographical range, the valid period, conditions for use, and the method for sharing the costs of network construction or maintenance and operation together with reasons.

65. Terms of service agreement or contracts.

76. Methods of network communication and a diagram of system configuration; if interconnecting with other networks, a diagram of interconnection configuration together with reasons shall be attached.

87. Construction project, schedule and expected costs for network system.

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The submitted application for the establishment of an academic and educational telecommunications network shall not be returned. Applications or a proposal of the establishment that is deemed incomplete shall be informed with prescribed corrective action to be undertaken within a period of time; applications of those who have not undertaken the required corrective action within the prescribed period of time shall be rejected.

1Upon receipt of the application for the establishment of an academic and educational telecommunications network, the competent authority shall verify the following items:

21. The establishment purpose and benefit.

32. The geographical range and the valid period of establishment, conditions of use, and the method of sharing the costs of network construction or maintenance and operation together with reasons.

43. Feasibility of the network construction and construction schedule.

54. Contributions to academic standard, popularization of education or the development of telecommunications industries in Taiwan.

65. Network stability, security, and administrator’s capacity for the maintenance and operation.

76. Whether the proposal violates the items established by these Regulations.

87. Whether appropriate and sufficient information security measures have been adopted to ensure the security of information collection, processing, use, and transmission.

1If the application to establish an academic and educational telecommunications network falls under any one of the following circumstances, it shall be rejected:

21. Those that have not obtained the approved documents of the competent authorities for business objectives specified by Paragraph 1, Article 4.

32. Those that have not adhered to the regulations on the establishment purpose specified in Paragraph 1, Article 5.

43. Those that have not adhered to the regulations on the application qualification of Article 9.

1After the application has passed the review, the competent authority will issue an approval certificate for the establishment of the network.

2Applicants or administrators setting up and using academic and educational telecommunications networks shall adhere to the establishment plan approved by the competent authority.

1The certificate of approval for network establishment of the academic and educational telecommunications network shall be valid for a period of one year.

2Should the applicant not complete the establishment of the proposed academic and educational telecommunications network within the valid period of the certificate of approval, the applicant may state the reasons and apply to the competent authority for an extension one month prior to the expiration; the extension period may not exceed one year and shall be limited to once only.

3Should the applicant abort the establishment of the network within the valid period of the certificate of approval, the applicant shall state the reasons and submit the established radio station list or network status data to the competent authority for future reference and also have the competent authority revoke the certificate of approval for network establishment.

4If network establishment has not be completed within the valid period of the certificate of approval or should the competent authority revoke approval of the network establishment, the applicant shall promptly cease the establishment, dismantle relevant equipment, and act in accordance with the provisions set forth under Paragraph 3, Article 47.

Those who apply to establish an academic and educational telecommunications network and completed a schedule of the approved construction shall examine and provide a test report of the network security with self-assessment to the competent authority for approval, which afterward shall issue a license for the establishment and operation of network.

1A license for the establishment and operation of academic and educational telecommunications network shall illustrate the following items:

21. Name of the establishment for the telecommunications network, Administrator Name and Address

32. The type of established telecommunications network

43. The geographical range of the establishment

54. The terms of service agreement or number of subscribers

65. The used frequency Band

76. The term of validity

87. Licensed date

1Those who apply to establish a technical experiments and research and development telecommunications network shall fall under one of the following qualifications:

21. Telecommunications or broadcasting/television businesses.

32. Corporations or public and private research institutions that have committed to related research or manufacturing of telecommunications network and radio communications.

43. Educational organizations that have established related departments or institutes of telecommunications, radio communications or information.

54. Other companies or government agencies (organizations) that have the capabilities or experimental testing needs of establishing and managing experimental research and development telecommunications networks.

Those who apply to establish a technical experiments and research and development telecommunications network and have applied for radio frequency shall be limited to a maximum of 100 subscribers. However, those who are approved by the competent authority shall not be limited herein.

1Those who apply to establish a technical experiments and research and development telecommunications network shall inspect and submit the following documents to the competent authority.

21. Application for the establishment and use of a technical experiments and research and development telecommunications network.

32. A proposal of the establishment.

43. Photocopies of the documents of establishment of the applicant or company registration certificate (except for government agencies or schools).

54. The services provided shall be chartered, permitted, or approved by other competent authorities for business objectives, with relevant supporting documents.

65. A CD-Rom containing the application in digitized documents (either PDF or ODF format).

1A proposal of the establishment under Subparagraph 2 of the preceding article shall include the following items:

21. The purpose and benefits of establishment.

32. Experimental items and methods.

43. The geographical range and the valid period of the establishment, the number of users, method of collecting equipment deposits, and reasons.

54. Terms of service agreements or contracts for the users.

65. Methods of network communication and a diagram of system configuration; if interconnecting with other networks, a diagram of interconnection configuration shall also be attached.

76. Construction project, schedule and expected costs of network system.

87. Available technical research and development telecommunications services or service items other than telecommunications services.

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1For those that apply to establish a technical experiments and research and development telecommunications network, matters such as the application, review items, establishment proposal, and license issuance, as well as items to be recorded on the license may be in accordance with stipulations set forth in Article 12, Article 13, Article 15, Article 17, and Article 18.

2The applications for the establishment and use of a technical experiments and research and development telecommunications network falling under ant one of the following circumstances shall not be approved:

31. Those that do not adhere to the regulations on the establishment purpose specified in Paragraphs 2 and 3, Article 5.

42. Those that do not adhere to the regulations on the application qualifications specified in Article 19.

1The valid period of the approval for a technical experiments and research and development telecommunications network shall be six months.

2Should the applicant not complete the establishment of the proposed technical experiments and research and development telecommunications network within the valid period of the certificate of approval for network establishment, the applicant may state the reasons and apply to the competent authority for an extension, one month prior to the expiration; the extension period may not exceed three months and shall be limited to once only.

3Should the applicant abort the establishment of the network within the valid period of the certificate of approval for network establishment, the applicant shall state the reasons and submit the established radio station list or network status data to the competent authority for future reference and also have the certificate of approval for network establishment revoked by the competent authority.

4If network establishment has not be completed within the valid period of the certificate of approval for network establishment or should the competent authority revoke the certificate of approval for network establishment, the applicant shall promptly abort the establishment, dismantle relevant equipment, and act in accordance with the provisions set forth under Paragraph 3, Article 47.

1Applicants for the establishment and use of commercial experiments and research and development telecommunications networks shall submit the applications to the competent authority with the following documents attached:

21. An application for commercial experiments and research and development telecommunications network.

32. An establishment proposal.

43. Photocopies of the applicant’s establishment document or company registration certificate (except for government agencies or schools).

54. The services provided shall be chartered, permitted, or approved by other competent authorities for business objectives, with relevant supporting documents.

65. The supporting documents of the performance security deposit for those who intend to pre-charge users.

76. A CD-Rom containing the application in digitized documents (either PDF or ODF format).

1The provisions of Article 22 shall apply mutatis mutandis to the items which shall be recorded in the establishment proposal specified in Article 22, and in addition the proposal shall contain the following items:

21. The purpose and necessity of business verification, including telecommunications service items for conducting commercial verification and the descriptions of differences with existing public telecommunications services.

32. Execution planning and implementation period of business verification.

43. The perceived benefits of the telecommunications services of commercial verification in the nation’s industrial development and the feasibility analysis of commercialization in the domestic market.

54. User usage regulations: clearly define the service, the user conditions for equipment use and the rights and obligations of both parties; if fees are to be charged, the service contract shall be separately formulated and handled in good faith and fairness.

6If prepayment is adopted for fees specified in Subparagraph 4 of the preceding paragraph, one of the following methods shall be specified in the service contract, providing a performance bond at least equivalent to the total amount of the prepaid fee (guarantee of refunding the proceeds):

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1The provisions of Article 13 shall apply mutatis mutandis to the competent authority’s review of the commercial experiments and research and development telecommunications network, and the following review items shall be added:

21. The purpose and necessity of business verification.

32. Execution planning and implementation period of business verification.

43. The completeness of user rights protection measures and the appropriateness of the performance guarantee content.

54. Perceived benefits promoting the nation’s industrial development and feasibility of commercialization of future verification services.

When applying for the establishment of a c commercial experiments and research and development telecommunications network, the provisions of Articles 12, 15, and 17 to 20 shall apply mutatis mutandis to the acceptance of the application, the handling of the establishment proposal, the issuance of the license, the items to be recorded in the license, the application qualifications, and the number of users.

1Applications for the establishment and use of a commercial experiments and research and development telecommunications network falling under any one, of the following circumstances shall not be approved:

21. Those that do not adhere to the regulations on the establishment purpose specified in Paragraph 4, Article 5.

32. Those that do not adhere to the regulations of Article 28 for the applying mutatis mutandis of the application qualifications specified in Article 19.

43. Telecommunications services having been commercially operated.

54. The same applicant having been granted the same commercial verification telecommunications service.

6Different applications shall be deemed as coming from the same applicant if they fall under any one of the following circumstances:

71. The applicant holds more than half of the total number of issued shares with voting rights of another applicant.

82. More than half of the applicant’s directors are the same as that of another applicant.

The provisions of Article 24 shall apply mutatis mutandis to the validity period, extension and termination of the establishment approval certificate of the commercial experiments and research and development telecommunications network.

1For those who apply to establish an academic and educational telecommunications network or a technical and commercial experiments and research and development telecommunications network shall gain approval for a radio station establishment permit from the competent authority prior to establishment of a radio station; the network shall begin operations upon passing inspection and being issued with a radio station license.

2In the preceding paragraph, the established radio station equipment that falls under a low power radio waves radiated device with obtained type approval certification, declaration of conformity (DOC) and simplified DOC shall state so in the establishment proposal to be exempt from applying for the radio station establishment permit and a radio station license.

3The review and inspection for a radio station set up by a technical or commercial experiments and research and development telecommunications network using a specific experimental frequency in a specific experimental field specified in the provisions of Paragraph 1, shall be conducted by document review. However, the competent authority may conduct on-site inspections when deemed necessary.

1An applicant applying to establish a radio station shall submit the following documentation to the competent authority:

21. Application Form for the Establishment of a Radio Station.

32. Photocopy of the certificate of approval for network establishment or the license for the establishment and operation of network.

43. The radio station equipment catalogs.

54. An affidavit.

6The valid period to establish a radio station in the preceding paragraph shall not exceed six months.

7When applying for the establishment of radio stations as per Paragraph 1, the applicant or the administrator shall submit the radio station establishment list in the order of their numbering.

8Should the applicant not complete the establishment of the radio station within the valid period, the applicant may state the reasons and apply to the competent authority for an extension one month prior to the expiration; the extension period may not exceed three months and shall be limited to once only. However, no extension shall be applied for the radio station establishment permit of the commercial experiments and research and development telecommunications network.

In addition to a short-term test that applies to the competent authority pursuant to the regulations or technical inspection that the competent authority conducts on the spot, a radio stations shall not transmit radio wave during the period of station establishment. The period of short-term test shall not exceed five (5) days at most.

1The applicant or administrator that completes the establishment of a radio station shall file for approval to the competent authority, which shall issue a radio station license after the station passes the required inspection.

2When the applicant or administrators comply with the competent authority to change the transmission frequency of the radio station in accordance with the provisions of Paragraph 5 of Article 13, it shall re-apply for the establishment permit. After reporting to the competent authority for the radio station to pass the review and inspection, the competent authority shall change the license of the radio station and exempt the relevant review and inspection fees and license fees.

3The term of validity for the radio station in Paragraph 1 shall be limited to six months; however, it may not exceed the effective valid period of the license for the establishment and operation of network, obtained under the provisions of Articles 39 to 41.

4Those who still intend to operate the radio station after expiration of the radio station license shall attach and state the reasons and apply to the competent authority for a reissue one month prior to its expiration. The competent authority may conduct a re-inspection prior to issuing a new license.

5The term of validity for a new license in the preceding paragraph shall be calculated from the next day of expiration of the former one; the terms of validity shall be defined by Paragraph 3.

Applicants or administrators who have acquired a permit to establish a radio station or a radio station license shall put up a photocopy of documents immediately to the location with a conspicuous view for verification.

1Should the applicant or the administrator change the radio station’s establishment site, where the radio waves’ coverage has not exceeded the approved experimentation area following the change, shall submit the application form for the establishment of a radio station, according to one of the following circumstances:

21. To report it to the competent authority for future reference, within the valid radio station establishment permit period.

32. To apply to competent authority for annotation changes of the radio station license, within the radio station license’s valid period.

4The applicant or the administrator, prior to changing the model number of equipment, frequency of the transmission, increase of power or bandwidth of the radio station shall do so according to Article 32 through Article 34.

5The applicant or the administrator, prior to changing the frequency of the transmission of the radio station, power or bandwidth exceeding the approved figure indicated on the certificate of approval for network establishment, or the change of established radio station sites to result in the coverage of radio waves exceeding the approved experimentation area, shall first file for a change of the network establishment proposal according to provisions set forth under Paragraph 1, Article 42.

6When changes to the radio stations fall under the scope of data correction or equipment change prior to a radio station inspection, or when the changes in the establishment site falls under the same street number but in a different building, the applicant shall report to the competent authority for future reference.

Antenna or pylon used by radio stations shall not violate safety criteria of flight and the related regulations on construction.

1The radio station establishment permit granted to an applicant or administrator shall be revoked by the competent authority in any one of the following circumstances:

21. The certificate of approval for network establishment has been revoked or abolished.

32. Failure to adhere to affidavit matter or submission of untrue affidavit as stipulated under Paragraph1, Article 32.

43. Violation of Paragraph 1, Article 43, barring the radio station license from transferring, leasing or loaning.

5The applicant or the administrator, at the time when ceasing operating the radio station during the radio station license’s valid period, shall report to the competent authority for future reference, and also have the competent authority revoke the radio station establishment permit.

6Should the radio station license has expired and the administrator has not gained license renewal as regulated or the competent authority has revoked the radio station establishment permit, the applicant or the administrator shall promptly cease operating, and shall also dismantle the development radio station equipment. The radio equipment, except on lease, on loan or otherwise stipulated by law, shall be handled in accordance with relevant regulations set forth under the Administrative Regulations on the Controlled Telecommunications Radio-Frequency Devices.

1The term of validity of the license for the establishment and operation of network for an academic and educational telecommunications network shall be limited to a maximum of five years.

2Those who intend to continue to use when the term of validity for a radio station license has expired shall state reasons and submit an establishment proposal to the competent authority for reissue three months prior to the expiration date. Upon approval, the competent authority shall issue a new license.

3As per preceding paragraph, should any of the following circumstances occur when applying for a reissuing of the license for the establishment and operation of network, the application shall be rejected:

41. The applicant fails to present a license renewal application within the preceding paragraph’s specified period.

52. The documentation for application is incomplete, and remains incomplete after being given a prescribed period of time to undertake corrective action.

6In regard to Paragraph 2, when applying for a reissue for the license for the establishment and operation of network, the competent authority shall not approve if the original goal of establishment purpose has been fulfilled and a renewal is deemed unnecessary.

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1The valid period of the license for the establishment and operation of network for a technical experiments and research and development telecommunications network shall not exceed one year.

2When there is still a need for conducting experiment, research and development after the term of validity of the license in the preceding paragraph expires, the applicant or administrator shall state reasons and submit an establishment proposal to the competent authority for reissue one month prior to the expiration date. Upon approval for the reissue, the competent authority shall issue a new license.

3In the preceding paragraph, should any of the following occur when applying for reissuing of the license for the establishment and operation of network, the competent authority shall reject the application:

41. The applicant fails to present a license renewal application within the preceding paragraph’s specified period.

52. The documentation for application is incomplete, and remains incomplete after being given a prescribed period of time to undertake corrective action.

6Regarding Paragraph 2, applying for renewal of the license for the establishment and operation of network shall be rejected, should any of the following circumstances occur:

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1The maximum validity period for the license of a commercial experiments and research and development telecommunications network shall be six months.

2The provisions of Paragraphs 2 to 5, Article 40 shall apply mutatis mutandis to the renewal of the license specified in the preceding paragraph, and the renewal shall be limited to once only.

1When making a change to the establishment schedule, the applicant or administrator shall state the reasons and submit the changed proposal and information to the competent authority for approval. If approved, a certificate of approval for network establishment or a license for the establishment and operation of network shall be issued in exchange of. However, if the change only involves the relocation of the radio station, and the coverage of the radio wave does not exceed the original approved area, the applicant or administrator can be exempt from attaching the revised establishment proposal and the comparison information for the review of the competent authority in accordance to Paragraph 1, Article 36.

2If the change specified in the preceding paragraph falls under any one of the following circumstances, the reasons shall be stated and the revised establishment proposal and the comparison information shall be attached to the competent authority for reference:

31. Changing the network communication method or system architecture.

42. Suspending the use of some radio stations.

5If the change specified Paragraph 1 is a change in the user usage regulations or contract that is not related to the charge, or an addition of a radio station whose radio wave coverage does not exceed the original approved area, and it belongs to a technical or commercial experiments and research and development telecommunications network using an experimental frequency in a specific experimental field, the reasons may be stated and the revised establishment proposal and the comparison information shall be attached and submitted to the competent authority for reference.

1A radio station license and the license for the establishment and operation of network for academic and educational telecommunications network, or technical and commercial experiments and research and development telecommunications network shall not be transferred, leased or lent to the third party.

2The holder of a license in the preceding paragraph that is lost or damaged shall apply to the competent authority with reasons for reissue; when the recorded items are changed, they shall apply to renew.

3The term of validity for licenses that are reissued or renewed pursuant to the preceding paragraph shall be the equal to that of the previous ones.