Regulations Governing the Establishment and Use of Dedicated Telecommunications Networks
2024-07-23
手機睡眠
語音選擇
Chapter 1 General Provisions
Article 1
These Regulations are established pursuant to Paragraph 7, Article 50 of the Telecommunications Management Act（hereinafter referred to as the “Act”）.
Article 2
The terms of these Regulations are defined as follows:
Dedicated telecommunications network: a telecommunications network established for private use on the radio frequency distributed by the Ministry of Digital Affairs with the network architecture consisting of radio stations;
Maritime Mobile Service Identity (MMSI) number: per the definition in the Regulations Governing the Installation and Use of Ship Radio Stations.
The private use mentioned in the preceding paragraph refers to the establishment on one’s name for one’s own business purposes.
Dedicated telecommunications network: a telecommunications network established for private use on the radio frequency distributed by the Ministry of Digital Affairs with the network architecture consisting of radio stations;
Maritime Mobile Service Identity (MMSI) number: per the definition in the Regulations Governing the Installation and Use of Ship Radio Stations.
The private use mentioned in the preceding paragraph refers to the establishment on one’s name for one’s own business purposes.
Article 3
These Regulations shall apply to the establishment and use of dedicated telecommunications network, unless otherwise specified.
Applications for the establishment of dedicated telecommunications networks for ships, aircraft, taxis, research and development purposes, and mobile broadband shall be processed in accordance with applicable regulations.
The dedicated telecommunications network may only be established upon receiving the necessary approval and may only be used after its establishment and the issuance of a network approval certificate.
The radio stations of the dedicated telecommunications network may only be established upon receiving the necessary approval. Following establishment, an application for inspection is required, and only upon successful completion of the inspection shall the radio station license be issued.
Applications for the establishment of dedicated telecommunications networks for ships, aircraft, taxis, research and development purposes, and mobile broadband shall be processed in accordance with applicable regulations.
The dedicated telecommunications network may only be established upon receiving the necessary approval and may only be used after its establishment and the issuance of a network approval certificate.
The radio stations of the dedicated telecommunications network may only be established upon receiving the necessary approval. Following establishment, an application for inspection is required, and only upon successful completion of the inspection shall the radio station license be issued.
Article 4
A dedicated telecommunications network shall fall into one of the following categories by the purpose of its establishment:
Public service network: a dedicated telecommunications network established for emergency assistance, public use or other public services, such as police, firefighting, disaster prevention, medical rescue, coastal patrol, emergency rescue, railroad, highways, rapid transit systems, aviation ground services, fishery, water conservancy, weather, academics and education, justice, correctional facilities, diplomacy, harbor, forestry, customs service, immigration, electricity, tap water, gas, petroleum and others;
Private network: a dedicated telecommunications network that is established for private use other than those mentioned above.
Public service network: a dedicated telecommunications network established for emergency assistance, public use or other public services, such as police, firefighting, disaster prevention, medical rescue, coastal patrol, emergency rescue, railroad, highways, rapid transit systems, aviation ground services, fishery, water conservancy, weather, academics and education, justice, correctional facilities, diplomacy, harbor, forestry, customs service, immigration, electricity, tap water, gas, petroleum and others;
Private network: a dedicated telecommunications network that is established for private use other than those mentioned above.
Article 5
The connection or use of a dedicated telecommunications network shall be terminated and the competent authority shall be immediately informed when connected to a public telecommunications network or when the purpose for which it was established ceases to exist.
Chapter 2 Establishment of a Dedicated Telecommunications Network
Article 6
Those that apply for the establishment of a dedicated telecommunications network (hereinafter referred to as the "establisher") shall prepare and submit the following documents to the competent authority for approval:
Application form;
Network establishment plan;
Photocopy of the frequency use certificate issued by the Ministry of Digital Affairs;
Photocopy of the planning documents for the application to use radio frequencies;
Proof of payment for the examination fees;
Other documents required by the competent authority.
The network establishment plan in the preceding paragraph shall include the following:
Purposes and area of establishment;
Response measures to interference;
Network structure;
Use of telecommunications equipment that complies with national security considerations set by the relevant authorities;
Network configuration for cybersecurity detection and protection;
Radio station establishment plan, including the type, frequency, bandwidth, and transmit power of the radio stations.
Application form;
Network establishment plan;
Photocopy of the frequency use certificate issued by the Ministry of Digital Affairs;
Photocopy of the planning documents for the application to use radio frequencies;
Proof of payment for the examination fees;
Other documents required by the competent authority.
The network establishment plan in the preceding paragraph shall include the following:
Purposes and area of establishment;
Response measures to interference;
Network structure;
Use of telecommunications equipment that complies with national security considerations set by the relevant authorities;
Network configuration for cybersecurity detection and protection;
Radio station establishment plan, including the type, frequency, bandwidth, and transmit power of the radio stations.
Article 7
The following examination criteria shall apply to the applications for the establishment of a dedicated telecommunications network:
Whether the purposes for the establishment comply with the frequency assignment documents;
Whether the network structure is reasonable and whether the approved frequency has been used appropriately;
Whether the frequency, bandwidth, transmit power and place of establishment of the radio stations comply with the frequency use certificate;
Whether there are response measures to be applied when interference occurs;
Whether the telecommunications equipment in use complies with national security considerations set by the relevant authorities;
Whether the establishment is sufficient to ensure cybersecurity and functionality.
Whether the purposes for the establishment comply with the frequency assignment documents;
Whether the network structure is reasonable and whether the approved frequency has been used appropriately;
Whether the frequency, bandwidth, transmit power and place of establishment of the radio stations comply with the frequency use certificate;
Whether there are response measures to be applied when interference occurs;
Whether the telecommunications equipment in use complies with national security considerations set by the relevant authorities;
Whether the establishment is sufficient to ensure cybersecurity and functionality.
Article 8
The competent authority may set up an examination team to provide advisory opinions regarding applications for the establishment of a dedicated telecommunications network.
Article 9
The competent authority shall approve the network establishment after the establishment application submitted by the establisher passes the examination.
Chapter 3 Establishment and Inspection for the Radio Stations of the Dedicated Telecommunications Network
Section 1 Application for the Establishment of Radio Stations
Article 10
The establisher who intends to apply for the establishment of radio stations shall prepare and submit the following documents to the competent authority. A letter of approval for radio station establishment shall be issued by the competent authority upon approval:
Radio station establishment application form and list (electronic data files), including the type, place of establishment, frequency, bandwidth, transmit power, quantity, brand, model, technical specifications of the radio stations;
Photocopy of the frequency use certificate;
Photocopy of the approved network establishment plan;
Other documents required by the competent authority.
If the application mentioned above is for intelligent metering systems for supplying electricity, tap water, or gas, it is necessary to provide documentation of type approval or authorization from the competent authority for the radio transmission or transceiver equipment.
Radio station establishment application form and list (electronic data files), including the type, place of establishment, frequency, bandwidth, transmit power, quantity, brand, model, technical specifications of the radio stations;
Photocopy of the frequency use certificate;
Photocopy of the approved network establishment plan;
Other documents required by the competent authority.
If the application mentioned above is for intelligent metering systems for supplying electricity, tap water, or gas, it is necessary to provide documentation of type approval or authorization from the competent authority for the radio transmission or transceiver equipment.
Article 11
The following examination criteria shall apply to the applications for the establishment of radio stations:
Whether the frequency, bandwidth and transmit power comply with the frequency use certificate;
Whether the establishment of the radio stations comply with the network establishment plan.
Whether the frequency, bandwidth and transmit power comply with the frequency use certificate;
Whether the establishment of the radio stations comply with the network establishment plan.
Article 12
The radio station establishment approval shall be valid for six (6) months.
Establishers who fail to complete the establishment within the validity of the radio station establishment approval may apply to the competent authority for an extension, along with the reasons the extension is required.
The maximum period for the extension mentioned in the preceding paragraph shall be six months and is limited to one time only.
The validity of the radio station establishment approval mentioned in Paragraphs 1 to 3 shall not exceed the expiration date of the frequency use certificate.
Establishers who fail to complete the establishment within the validity of the radio station establishment approval may apply to the competent authority for an extension, along with the reasons the extension is required.
The maximum period for the extension mentioned in the preceding paragraph shall be six months and is limited to one time only.
The validity of the radio station establishment approval mentioned in Paragraphs 1 to 3 shall not exceed the expiration date of the frequency use certificate.
Section 2 Inspection of Radio Stations
Article 13
Upon establishment of the radio stations, the establisher shall submit the following documents to the competent authority to apply for an inspection. After passing the inspection, the establisher will receive a radio station license from the competent authority.
Inspection application form and list (electronic data files);
Photocopy of the letter of approval for radio station establishment;
Inspection item record and self-evaluation report;
Proof of the origin of telecommunications equipment.
For dedicated telecommunications networks using an MMSI number, a photocopy of the MMSI approval certificate must be submitted along with the documents specified in the preceding paragraph.
In the event of failing to pass the inspection specified in Paragraph 1, the establisher shall undertake the necessary corrective action and apply for re-examination within one (1) month upon receiving the competent authority’s notification. The application of those that fail to make improvements by the deadline or remain unqualified after the re-examination shall be rejected. The establisher may reapply for an inspection within the validity of the radio station establishment approval.
Inspection application form and list (electronic data files);
Photocopy of the letter of approval for radio station establishment;
Inspection item record and self-evaluation report;
Proof of the origin of telecommunications equipment.
For dedicated telecommunications networks using an MMSI number, a photocopy of the MMSI approval certificate must be submitted along with the documents specified in the preceding paragraph.
In the event of failing to pass the inspection specified in Paragraph 1, the establisher shall undertake the necessary corrective action and apply for re-examination within one (1) month upon receiving the competent authority’s notification. The application of those that fail to make improvements by the deadline or remain unqualified after the re-examination shall be rejected. The establisher may reapply for an inspection within the validity of the radio station establishment approval.
Article 14
The competent authority may conduct inspections of radio stations using the sampling method.
Article 15
When applying for an inspection to the competent authority in accordance with Article 13, the establisher shall provide all testing equipment required for the inspection and any necessary assistance as requested by the competent authority.
Chapter 4 Qualification for Use, Management and Limitations
Article 16
Establishers that have established the radio stations as part of the network establishment plan and obtained a radio station license shall submit the network testing self-evaluation form to the competent authority to apply for a network inspection.
After passing the inspection specified in the preceding paragraph, the establisher shall receive a network inspection qualification certificate from the competent authority.
After passing the inspection specified in the preceding paragraph, the establisher shall receive a network inspection qualification certificate from the competent authority.
Article 17
In the event of any additions or changes to the radio frequency in the approved network establishment plan, the establisher shall specify the reasons. The establisher shall also submit a change comparison table with descriptions, a revised network establishment plan, and a photocopy of the frequency use certificate issued by the Ministry of Digital Affairs to the competent authority for approval.
In any of the following circumstances, the establisher shall still be required to specify the reasons even though there is no addition or change to the radio frequency in the approved network establishment plan. The establisher shall also submit a change comparison table with descriptions and a revised network establishment plan to the competent authority for approval:
Change to the purposes and area of establishment;
Change to the network structure;
Change to the type of radio stations in the radio station establishment plan.
If the approved network establishment plan is in any of the following circumstances, the establisher shall specify the reasons and submit a change comparison table with descriptions, along with a revised network establishment plan, to the competent authority for future reference:
Change to the response measures to interference;
Change to the network configuration for cyber security detection and protection.
In any of the following circumstances, the establisher shall still be required to specify the reasons even though there is no addition or change to the radio frequency in the approved network establishment plan. The establisher shall also submit a change comparison table with descriptions and a revised network establishment plan to the competent authority for approval:
Change to the purposes and area of establishment;
Change to the network structure;
Change to the type of radio stations in the radio station establishment plan.
If the approved network establishment plan is in any of the following circumstances, the establisher shall specify the reasons and submit a change comparison table with descriptions, along with a revised network establishment plan, to the competent authority for future reference:
Change to the response measures to interference;
Change to the network configuration for cyber security detection and protection.
Article 18
If the change to the network establishment plan specified in the preceding article is approved, or if the change to the frequency, bandwidth, transmission power, place of establishment, or transmitter of the radio station is within the scope of the originally approved network establishment plan, the establisher shall comply with the provisions stipulated in Articles 10 through 16.
Article 19
In the event that the radio station license is missing or damaged, the establisher shall apply for reissuance to the competent authority, specifying the reasons. If there are any changes to the specified matters, the establisher shall apply for renewal.
The validity of the radio station license reissued or renewed according to the preceding paragraph shall be the same as the validity period of the original approval or license.
The radio station license shall not be leased, borrowed, transferred, or used as collateral by others, unless otherwise specified by law.
The validity of the radio station license reissued or renewed according to the preceding paragraph shall be the same as the validity period of the original approval or license.
The radio station license shall not be leased, borrowed, transferred, or used as collateral by others, unless otherwise specified by law.
Article 20
The dedicated telecommunications radio station license shall be valid for a maximum of five (5) years and shall not exceed the validity of the frequency use certificate.
Establishers that plan to use the radio station upon the expiration of the radio station license shall apply for renewal within two (2) months, starting from three (3) months before the expiration. The validity of the renewed radio station license shall be calculated beginning from the day following the expiration of the original license.
Establishers that apply for the license renewal as specified in the preceding paragraph shall submit the frequency use certificate issued by the Ministry of Digital Affairs, after which the competent authority shall proceed with the reissuance.
Regarding the application for license renewal as specified in the preceding paragraph, the competent authority may conduct a re-inspection, after which the radio station license shall be issued.
Establishers that plan to use the radio station upon the expiration of the radio station license shall apply for renewal within two (2) months, starting from three (3) months before the expiration. The validity of the renewed radio station license shall be calculated beginning from the day following the expiration of the original license.
Establishers that apply for the license renewal as specified in the preceding paragraph shall submit the frequency use certificate issued by the Ministry of Digital Affairs, after which the competent authority shall proceed with the reissuance.
Regarding the application for license renewal as specified in the preceding paragraph, the competent authority may conduct a re-inspection, after which the radio station license shall be issued.
Article 21
The competent authority may abolish the radio station license in part or in whole in any of the following circumstances:
The qualification certificate for the network inspection has been revoked by the competent authority;
The network establishment approval has been revoked by the competent authority;
Applying for terminating the use of the radio station;
The change of the frequency, bandwidth, transmit power, place of establishment or transmitter of the radio station in use fails to obtain approval for radio station establishment;
Failing to undertake corrective action to radio station interference with legal telecommunications within the prescribed period as requested by the competent authority.
Where the establisher is in any of the following circumstances, the radio-frequency devices of their radio station shall be processed in accordance with the Administrative Regulations on Manufacturing, Import and Report of the Controlled Telecommunications Radio-Frequency Devices:
The radio station license has been revoked by the competent authority in accordance with the preceding paragraph;
The radio station license has expired and has not been reissued;
Failing to obtain a radio station license after the approval for radio station establishment has expired.
The qualification certificate for the network inspection has been revoked by the competent authority;
The network establishment approval has been revoked by the competent authority;
Applying for terminating the use of the radio station;
The change of the frequency, bandwidth, transmit power, place of establishment or transmitter of the radio station in use fails to obtain approval for radio station establishment;
Failing to undertake corrective action to radio station interference with legal telecommunications within the prescribed period as requested by the competent authority.
Where the establisher is in any of the following circumstances, the radio-frequency devices of their radio station shall be processed in accordance with the Administrative Regulations on Manufacturing, Import and Report of the Controlled Telecommunications Radio-Frequency Devices:
The radio station license has been revoked by the competent authority in accordance with the preceding paragraph;
The radio station license has expired and has not been reissued;
Failing to obtain a radio station license after the approval for radio station establishment has expired.
Article 22
Where the establisher is in any of the following circumstances, the competent authority shall revoke their network establishment approval:
Failing to establish a network according to the approved network establishment plan;
Failing to re-apply for a frequency use certificate after it has been revoked by the Ministry of Digital Affairs or has expired.
Failing to establish a network according to the approved network establishment plan;
Failing to re-apply for a frequency use certificate after it has been revoked by the Ministry of Digital Affairs or has expired.
Article 23
Where the establisher is in any of the following circumstances, the competent authority shall revoke their network inspection qualification certificate:
The network establishment approval has been revoked by the competent authority;
The same network does not have any valid radio station.
The network establishment approval has been revoked by the competent authority;
The same network does not have any valid radio station.
Article 24
The radio station’s transmission of radio frequencies should strive for accuracy and stability. Its frequency bandwidth and tolerance shall comply with the Regulations Governing the Use of Radio Frequencies and shall avoid spurious emissions and harmonic interference.
Article 25
The radio station’s transmission of radio frequencies must not cause harmful interference with radio navigation or other licensed telecommunications frequencies.
Article 26
For applications to establish a radio station outside the ship for transmitting MMSI numbers for navigation aids, the shipping administration authority shall forward these applications to the competent authority for frequency assignment.
The following documents shall be provided for the application specified in the preceding paragraph:
Application form;
Radio station establishment approval or radio station license.
The application form specified in the preceding paragraph shall include the name, address, and contact number of the applicant, as well as the location of where the radio station is established.
Those whose use of the MMSI number has been terminated or whose radio station license has been revoked shall not continue to use the originally assigned MMSI number.
Those that have been assigned with an MMSI number by the competent authority shall apply for a change to the competent authority if there is any change to the applicant, address or location of the radio station establishment specified in the original application form.
Those that apply for the assignment of an MMSI number for academic research, technological research and development, or experiments (trials) may apply for project approval, with a validity of five years, from the competent authority. Whenever it is necessary, an extension may be applied in writing with reasons specified, within one (1) month, starting from two (2) months before the expiration. The extension shall be valid for a maximum of five years.
The competent authority may commission the assignment of MMSI numbers to the shipping administration authority.
The following documents shall be provided for the application specified in the preceding paragraph:
Application form;
Radio station establishment approval or radio station license.
The application form specified in the preceding paragraph shall include the name, address, and contact number of the applicant, as well as the location of where the radio station is established.
Those whose use of the MMSI number has been terminated or whose radio station license has been revoked shall not continue to use the originally assigned MMSI number.
Those that have been assigned with an MMSI number by the competent authority shall apply for a change to the competent authority if there is any change to the applicant, address or location of the radio station establishment specified in the original application form.
Those that apply for the assignment of an MMSI number for academic research, technological research and development, or experiments (trials) may apply for project approval, with a validity of five years, from the competent authority. Whenever it is necessary, an extension may be applied in writing with reasons specified, within one (1) month, starting from two (2) months before the expiration. The extension shall be valid for a maximum of five years.
The competent authority may commission the assignment of MMSI numbers to the shipping administration authority.
Chapter 5 Supplementary Provisions
Article 27
Where the documents provided by the establisher or the contents thereof are incomplete, the competent authority may require corrective action within a prescribed period. The application of those that fail to make corrective action or whose documents or contents remain incomplete after undertaking corrective action shall be rejected.
Article 28
For the technology, equipment, and operating procedures of dedicated telecommunications networks not regulated by the competent authority, relevant procedures may be conducted in accordance with telecommunications-related regulations. This includes the International Telecommunications Convention, international radio regulations, international telegraph regulations, international calling regulations, and the International Convention for the Safety of Life at Sea, as well as the standards, recommendations, methods, or procedures outlined in its annexes.
Article 29
The establisher shall pay the examination fees, inspection fees, and licensing fees according to the charge standards established by the competent authority.
Article 30
The competent authority shall make a separate announcement regarding the matters to be specified and the format of the documents, forms, and certificates outlined in the Regulations, unless otherwise specified in the Regulations.
Article 31
Those whose MMSI numbers were obtained in accordance with Paragraph 1 of Article 48 of the Telecommunications Act prior to the promulgation of the Regulations may continue to use them.
Article 32
Where the establisher of a public service network is a government agency (institution), the competent authority may commission the central government agency that supervises it to manage the network. The same shall apply to other dedicated telecommunications networks if the commissioning of management is deemed necessary.
Article 33
If the radio frequency, bandwidth, transmit power, and location of establishment remain unchanged when the establisher of the public service network undergoes an organizational change or transfers its business, the establisher shall submit the network establishment plan, a photocopy of the frequency use certificate issued or reissued by the Ministry of Digital Development, and a photocopy of the organizational change or business transfer certificate to the competent authority to apply for a network establishment plan, a network inspection qualification certificate, radio station establishment approval, and a change of the establisher’s name on the radio station license. The competent authority may arrange for the reissuance directly without charging examination fees.
The reissuance of the radio station license specified in the preceding paragraph may be applied for simultaneously when the radio station license expires.
The reissuance of the radio station license specified in the preceding paragraph may be applied for simultaneously when the radio station license expires.
Article 34
These Regulations shall take effect on the date of promulgation.