Regulations Governing Mobile Communication Business  (January 17 2011)

(Unofficial Translation)

Chapter 1　General Principles

Article 1

These Regulations shall be established pursuant to Paragraph 6, Article 14 of the Telecommunications Act.

Article 2

The terms of these Regulations are defined as follows:

1. Mobile Communication: means the use of radio wave terminal equipment through Mobile Communication Network for voice or non-voice communication.
2. Mobile Communication System: means the communication system consisting of such equipment as Mobile Station, Base Station, Exchanged Equipment, Network Administration, and administration of account affairs.
3. Mobile Communication Network: means the communication system composed of Mobile Communication System and Telecommunications Machine and Line Equipment.
4. Mobile Communication Business（hereinafter referred to as this Business）: means a business that operators use a Mobile Communication Network to operate a Mobile Communication Service.
5. Mobile Station: means radio terminal equipment that is provided to use for Mobile Communication. 
6. Base Station: means equipment established on land with a radio communication link to provide Mobile Stations, as well as Mobile Stations and other users, communication.
7. Digital Low-Power Wireless Telephone System: means a communication system composed of equipment such as Digital Low-Power Wireless Exchange Equipment, Base Station, Mobile Station, Network Administration and administration of account affairs.
8. Trunking Radio Telephone System: means the use and deployment of system centralized management and mobilize the appointed channel for user communication. The communication system shall be composed of equipment such as repeated wireless telephone control center, Base Station, Mobile Station, Network Administration and administration of account affairs.
9. Mobile Data Communication System: means a communication system composed of equipment such as Mobile Data Control Center, Base Station, Mobile Station, Network Administration and administration of account affairs.
10. Radio Paging System: means a communication system composed of equipment such as Radio Paging Control Terminal, Base Station, Receiver, Network Administration and Administration of Account Affairs.
11. Mobile Telephone System: means a communication system composed of equipment such as Mobile Telephone Exchanged Equipment, Base Station, Mobile Station, Network Administration and administration of account affairs.
12. Operator: means a business that has been issued a license to operate this business with special authorization by the authority.
13. Subscriber: means subscribers who use mobile communication service to register to Operators.
14. Roaming Telecommunications Service: means communication service of a mobile communication network that Operators provide their subscribers to roam other Operators or foreign Telecommunications business.

Article 3

The authority of these Regulations is the National Communications Commission.

Chapter 2　Operation Authorization

Section 1　General Provisions

Article 4

The business items and the range of business for this business to open operation shall be as follows:

1. Digital Low-Power Wireless Telephone Business: means business that Operators establish digital low-power wireless telephone system to provide domestic land radio communication service.
2. Trunking Radio Telephone Business: means business that Operators establish trunking radio telephone system to provide domestic land radio communication service.
3. Mobile Data Communication Business: means business that Operators establish mobile data communication system to provide domestic land radio data communication service.
4. Radio Paging Business: means business that Operators establish radio paging system to provide domestic land radio paging service.
5. Mobile Telephone Business: means business that Operators establish mobile phone system to provide domestic land radio communication service.

Article 5

Band open to operate Digital Low-Power Wireless Telephone Business shall be 864.1 MHz to 868.1 MHz.

The business region open to operate Digital Low-Power Wireless Telephone Business shall be as follows:

1. Northern Region: Taipei City, New Taipei City and Keelung City.
2. Central Region: Taichung City.
3. Southern Region: Kaohsiung City.

Article 6

The band opened to operate Trunking Radio Telephone Business shall be divided as 500MHz and 800MHz; the uses of each band shall be as follows:

1. Band at 500 MHz: 507.4500 MHz to 509.9375 MHz and 523.9500 MHz to 526.4375 MHz with a channel span of 12.5 KHz. Channel Number and Channel Group shall be as Attachment 1 and Attachment 2.
2. Band at 800 MHz: 810.5 MHz to 812 MHz and 855.5 MHz to 857 MHz. A channel span can be divided as 12.5 KHz and 25 KHz. Channel Number and Channel Group shall be as Attachment 3 to Attachment 5.

The business region open to operate Trunking Radio Telephone Business shall be as follows:

1. Northern Region: Taipei City, New Taipei City, Taoyuan County, Hsinchu County and City, Keelung City, Yilan County and Hualien County.
2. Central Region: Miaoli County, Taichung City, Changhua County, Yunlin County and Nantou County.
3. Southern Region: Chiayi County and City, Tainan City, Kaohsiung City, Pingdong County, Taitung County and Penghu County.
4. All Regions: Including entire islands of Taiwan (including Penghu County), Kinmen County and Lianjiang County.

Article 7

The band opened to operate Mobile Data Communication Business shall be divided as 500 MHz and 800 MHz; the uses of each band shall be as follows:

1. Band at 500 MHz: 510.4875 MHz to 512.9750 MHz and 526.9875 MHz to 529.4750 MHz. A channel span can be divided as 12.5 KHz and 25 KHz. Channel Number and Channel Group shall be as Attachment 6 to Attachment 8.
2. Band at 800 MHz: 812 MHz to 813.5 MHz and 857 MHz to 858.5 MHz. A channel span can be divided as 12.5 KHz and 25 KHz. Channel Number and Channel Group shall be as Attachment 9 to Attachment 11.

The business region open to operate Mobile Data Communication Business shall be as follows:

1. Northern Region: Taipei City, New Taipei City, Taoyuan County, Hsinchu County and City, Keelung City, Yilan County and Hualien County.
2. Central Region: Miaoli County, Taichung City, Changhua County, Yunlin County and Nantou County.
3. Southern Region: Chiayi County and City, Tainan City, Kaohsiung City, Pingdong County, Taitung County and Penghu County.
4. All Regions: Including entire island of Taiwan (including Penghu County), Kinmen County and Lianjiang County.

Article 8

The band to opened for Radio Paging Business shall be as follows:

1. 284.5 MHz to 285.5 MHz.
2. 165.25 MHz to 166.975 MHz and 280.5 MHz to 281.5 MHz.

The business region open to operate Radio Paging Business shall be as follows:

1. Northern Region: Taipei City, New Taipei City, Taoyuan County, Hsinchu County and City, Keelung City, Yilan County, Hualien County and Lianjiang County.
2. Central Region: Miaoli County, Taichung City, Nantou County, Changhua County and Yunlin County.
3. Southern Region: Chiayi County and City, Tainan City, Kaohsiung City, Pingdong County, Taitung County, Penghu County and Kinmen County.
4. All Regions: Including entire islands of Taiwan (including Penghu County), Kinmen County and Lianjiang County.

Article 9

The band opened to operate Mobile Telephone Business can be divided as 900 MHz and 1800 MHz; the uses of each band shall be as follows:

1. Band at 900MHz: 895 MHz to 915 MHz and 940 MHz to 960 MHz.
2. Band at 1800MHz: 1710 MHz to 1755MHz and 1805 MHz to 1850 MHz.

The business region open to operate Mobile Telephone Business shall be as follows:

1. Band at 900 MHz:

(1)Northern Region: Taipei City, New Taipei City, Taoyuan County, Hsinchu County and City, Keelung City, Yilan County, Hualien County and Lianjiang County.

(2)Central Region: Miaoli County, Taichung City, Nantou County, Changhua County and Yunlin County.

(3)Southern Region: Chiayi County and City, Tainan City, Kaohsiung City, Pingdong County, Taitung County, Penghu County and Kinmen County.

2. Band at 1800 MHz:

(1)Northern Region: Taipei City, New Taipei City, Taoyuan County, Hsinchu County and City, Keelung City, Yilan County, Hualien County and Lianjiang County.

(2)Central Region: Miaoli County, Taichung City, Nantou County, Changhua County and Yunlin County.

(3)Southern Region: Chiayi County and City, Tainan City, Kaohsiung City, Pingdong County, Taitung County, Penghu County and Kinmen County.

(4)All Regions: Including entire islands of Taiwan (including Penghu County), Kinmen County and Lianjiang County.

Article 10

Those who operate this business shall acquire a license of authorization to start operation with special authorization of the competent authority.

Article 11

For the items, ranges and operator numbers of this business added, manners of special authorization open to operate shall be stipulated further.

The beginning and the end date that accepts to apply for operating the case of this business with special authorization shall be promulgated by the authority.

Article 12

For the items and ranges open by this business as well as schedule, operators and the business region, the authority assigned by the Executive Yuan shall depend on frequency resources, the distribution of population, a development profile of industry and commerce as well as the required draft that maintains communication quality to file to the Executive Yuan for promulgation of the approval.

Section 2 Application and Review

Article 13

Applicants are limited as the corporation established under the Corporation Act, or the establishment institute of limited liability corporations, the chairman of the board should have the nationality of Republic of China, R.O.C., the amount of foreign stockholders should comply with the limitations of the Telecommunications Act.

The minimum of the capital amount that a company shall receive actually in the preceding paragraph shall conform to the following regulation respectively pursuant to a type of business:

1. Digital Low-Power Wireless Telephone Business: Two Hundred Million New Taiwan Dollars.
2. Trunking Wireless Telephone Business:

(1)Northern Region, Central Region and Southern Region: Twenty Million New Taiwan Dollars.

(2)All Regions: Sixty Million New Taiwan Dollars.

3. Mobile Data Communication Business:

(1)Northern Region, Central Region and Southern Region: Fifty Million New Taiwan Dollars.

(2)All Regions: One Hundred and Fifty Million New Taiwan Dollars.

4. Radio Paging Business:

(1)Northern Region, Central Region and Southern Region: Two Hundred Million New Taiwan Dollars.

(2)All Region: Four Hundred Million New Taiwan Dollars.

5. Mobile Telephone Business:

(1)Northern Region, Central Region and Southern Region: Two Billion New Taiwan Dollars.

(2)All Regions: Six Billion New Taiwan Dollars.

The same operator shall propose to apply for each business separately in accordance the opening announcement promulgated by authority. For an operator who obtains the permission of operation over two businesses through the legal procedure, its minimum paid-in capital shall be separately calculated upon approval for establishment, if such other businesses are subject to the minimum paid-in capital restriction, and the same as an applicant who simultaneously engages in other Type I telecommunications businesses

Article 13-1

After 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.

If 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.

Article 14

The same applicants shall not apply for two or more than two of business with the same type; if the same stockholders or warrant persons who hold stocks of different applicants shall reach up to fifty percent of capital stocks in total for each of that applicant, each different applicant shall be considered as the same.

If one stockholder or warrant person of applicants hold stocks of other applicants with the same type business at the same time, the stock ratio held by stockholders or warrant persons shall not be limited in one of applicants and shall not exceed ten percent in the rest of the applicants.

Article 15

Those who apply to operate this business with special authorization shall provide and attach the following documents to propose to the authority for applications:

1. Application.
2. Business Proposal.
3. A Certificate of Financial Capability.
4. Other related documents of provisions.

Article 16

A Business Proposal established by Paragraph 2 of Preceding Article shall specify the following items:

1. Business Items.
2. Business Regions.
3. Communication Type.
4. Profile of Telecommunications Equipment:

(1)Establishment Schedule of system equipment, quantity of base stations decided to establish and frequency channel number of each base station decided to establish (including detailed illustrations of distribution area, decided address of base station, coordinate of longitude and latitude, antenna altitude, effective radiation power, range of forecast service and electric field intensity at their boundaries).

(2)Manipulation proposal and spectra of radio frequency shall achieve its efficiency analysis. A manipulation proposal of frequency shall include service function, traffic information analysis and number of mobile station predicted to load bearing.

(3)System framework and operation principles.

(4)Service type that its system can provide.

(5)Operating Band, Bandwidth, Maximum Transmission Power, Modulation Type and transmission spectra, harmonics, mixed wave as well as antenna performance.

(6)Transmission power that can be varied shall illustrate the deviation range of transmission power and deviation criteria.

(7)Standards of Air Interface.

(8)For the interface standard, decided interface point and interface requirement connected with other Telecommunications network; that interface standard shall adopt interconnection of the technical standard promulgated by the authority, national standard, international standard or incumbent Telecommunications system in sequence.

(9)System Standardization and development situation of future technical development.

(10)Those that system manufacture and use are involved in patent rights shall propose the related certificates.

(11)The situation of system used around the world.

5. Financial Structure:

(1)A founded company shall propose a fiscal form in the late three years, which includes a table of asset debt, loss and profit, variation for stockholder’s rights and interests, cash flow as well as annotation or attached table.

(2)An establishing company shall propose a name list of the founders, the constitutions agreed and established by the whole founders, a name list of stockholders as well as the minimum paid-in capital that shall receive.

(3)The fund source predicted in future five years and a manipulation proposal of fund.

(4)To pre-estimate and draw up within five years in the future, a table of asset debt, loss and profit as well as cash flow.

(5)Format for stocks held by foreigners or a calculation table of warrant ratio shall be stimulated by the authority.

6. Technical Power and Development Proposal:

(1)Executives’ professional knowledge and work experience in Telecommunications.

(2)Allotment of professional technician personnel.

(3)Engineering design and maintenance illustrations, including system design, establishment and maintenance proposal.

(4)Personnel Training Proposal.

(5)Research Project .

(6)Five years and ten years of business promotion proposal and decided target, including a forecast of market scale, the ratio of share market, the number of predicted subscriber, business promotion and market survey.

7. Fee criteria and calculation method.
8. Personnel and organization structure: Company Constitutions, A Name List of Trustees, Supervisor and Executives as well as A Name List of Stockholders holding more than 5% of stocks.
9. Scheduled date for commencement of operation.
10. Related measures to guarantee consumer’s rights and interests.
11. Other items shall be specified.

The documents stipulated in the preceding paragraph shall record the items and format established and promulgated by the authority.

If the submitted documentation as referred to in the preceding paragraph is incomplete or the content is insufficient, the supplement and correction shall be made within the specified period stated in the notice of deficiency by the authority. If no supplement or correction is made after such notice or if the application is still incomplete or the information is still insufficient as of the end of the specified period for supplement and correction, the application shall not be accepted or reviewed.

Article 17

The authority shall not accept an application in one of the following circumstances:

1. Those that violated Article 13 and Article 14.
2. Applicants’ founders, trustees and executives who occur one of subparagraph of Article 30 in Corporation Act.

Section 3　Preparing to Establish

Article 18

Before issuing a consent letter of establishment, the authority shall command the applicant to pay the performance bonds in accordance with provisions. If an applicant fails to complete the establishment depending on provisions or the reviewed proposal, the authority shall not return a part or the whole of the performance bonds, and shall revoke the Establishment Approvals.

Article 19

The term of validity for a consent letter of the establishment shall be six months.

After receiving a consent letter of the establishment, applicants shall complete the erection of a company during the establishment or the registration to be changed as well as provide and attach the following documents to apply to the authority for frequency assignment and being issued the system construction permit:

1. Application of Frequency Assignment.
2. Application of System Construction Permit.
3. A Photocopy of the company erection or certificates to change the registration.
4. Certificates to negotiate with communication supervisor and enforcement law organization for confirming communication supervisory system or equipment of the establishment.
5. 5.Proposal of the establishment for system: Including system framework, name and quantity of establishing equipment and schedule.

Applicants that do not complete the items stipulated by the preceding paragraph during authorization of the establishment, shall state the reasons to apply to the authority for postponement before the term is expired. Postponement shall not exceed 6 months at most and be limited to once. If applicants go past a time limit, the authority shall abolish authorization of the establishment.

When applicants complete the erection of a company or the registration to be changed, the minimum paid-in capital shall conform to Paragraph 2 and Paragraph 3 of Article 13.

Article 20

The term of validity with the system construction permit shall be as follows:

1. Digital Low-Power Wireless Telephone Business: Five years.
2. Trunking Radio Telephone Business: Two years.
3. Mobile Data Communication Business: Two years.
4. Radio Paging Business: Three years.
5. Mobile Telephone Business: Three years.

After being issued with the system construction permit, applicants shall establish its mobile communication system within the term of validity for permission to establish system pursuant to a construction proposal of the Subparagraph 5, Paragraph 2 in the preceding article. Applicants that do not complete within the term of validity shall attach the reasons why and apply to the authority for postponement within one month since the term is expired three months ago. Postponement to apply for the establishment shall not exceed one year at most and limited to postpone once. If applicants go past a time limit, the authority shall abolish the system construction permit.

Those who apply for postponement owing to unforeseen circumstances shall postpone in accordance with the course of accident delay, which doesn’t limit to the course of postponement in the preceding paragraph.

Those that do not apply for the system construction permit in accordance with the regulations shall not establish one part or all of mobile communication system.

Operators that establish follow-up network for a proposal of system establishment in accordance with Subparagraph 5, Paragraph 2 in the preceding article shall attach equipment name of system establishment and quantity list to apply permission to the authority to ensure establishment.

Article 21

A circuit connecting mobile phone system of applicants or Operators with other system shall be leased from Fixed Communication Business or Satellite Fixed Communication Business Operators. If a connecting circuit is located in the same building, applicants or Operators that file to the authority for approval will not be limited herein.

Applicants or Operators shall establish a circuit of connecting line equipment that is located in Mobile Communication System Network after being approved by the authority.

If the circuit established in the preceding paragraph is a microwave link, the items of the frequency assignment and permission to establish radio station shall conduct pursuant to Administrative Regulations for Governing the Installation of Microwave Radio Station for Type I Telecommunications Business; if it is a satellite link, the items of the frequency assignment and permission to establish radio station shall conduct pursuant to Administrative Regulations on Satellite Communication Business.

Article 22

Base Station, Microwave Station or Satellite Globe Station established by applicants or Operators who don’ t get permission to establish radio station shall not be established. They shall not use without qualified review to issue a license of radio station. If the construction is a base station, it can be constructed with the permit of station installation. However, in order to comply with the establishment of important public constructions, the station installation can be constructed without acquiring the station installation permit after exclusively approved by the authorities if the carrier submits the letter of consent issued by the authorities of important public constructions or buildings.

The technical standards of radio station inspection in the preceding paragraph shall be enacted by the authority.

Article 23

Applicants or Operators shall provide and attach the following documents to apply to the authority for permission to establish radio station stipulated in the preceding paragraph:

1. Establishment Application of Radio Station.
2. Establishment Certificate of Radio Station.

According to Paragraph 1 in the preceding article, through the approval by authorities, before acquiring the radio station installation permit, those that construct the base station shall submit the certificates approved by authorities mentioned in the preceding article, in addition to the documents mentioned in the preceding paragraph.

The term of validity with permission to establish radio station shall be one year. Applicants or Operators that do not complete establishment within the course shall state the reasons in one month before the course is expired since 2 months and apply to the authority for postponement. Application for postponement to establish shall not exceed 6 months at most and is limited to once.

During the course of establishing radio station, that base station shall not transmit radio wave unless a short-term test, applied to the authority in accordance with the regulations, or unless the authority conducts an on-site technical inspection. The course of a short-term test shall not exceed 5 days.

If applicants or Operators don’t conduct the items undertaken by Paragraph 1 or undertake uncertainly, the authority shall revoke or abolish permission to establish; if the items undertaken are modified or changed, applicants or Operators shall undertake separately and file to the authority for reference.

Article 24

For antenna of Base Station that is established outdoors of a building, the height and direction of antenna to establish shall ensure that there are no legal buildings higher than the antenna within a horizontal direction of right in front of 15m.

For the RF power of antenna input for base station that is greater than two watts, antenna that establishes to cover radio wave outdoors shall not be established in buildings.

Article 25

After a radio station has completed establishing and inspected to qualify by the  authority, the authority will issue a license of radio station, of which the valid term shall be five years. Applicants or Operators shall apply to the authority for renewing a license within one month before the term is expired since two months. The term of validity for new license shall be calculated from the next day the date of old one expired. If the items recorded in a license of radio station are unchanged, a technical inspection shall not be conducted again.

Article 26

Applicants or Operators that acquire permission to establish radio station or are issued a license of radio station shall place a photocopy of the documents at an obvious location where equipment of that radio station can be inspected.

Article 27

Applicants or Operators that change the location of the base station address or brand of machine parts shall reapply to the authority for permission to establish radio station. A radio station that completes the establishment with a qualified inspection shall be issued a license.

Applicants or Operators that change the address of the antenna for base station but do not change the address of the base station, change the model number of components for base station but do not change the brand or change the quantity of radio frequency channel for base station shall file to the authority for reference before making changes; those who have obtained a license of radio station shall complete the changes within one month and file to the authority for renewing a license of radio station.

Article 28

Model type for applicants or Operators that apply to establish radio frequency channel equipment of base station shall be certificated by the  authority.

The technical standard certificated by model type of radio frequency channel equipment in the preceding paragraph shall be stipulated by the authority.

Article 29

For the ratio that number of base station to establish occupies that of all system to establish, applicants shall conform to the following regulations in accordance with business type respectively while deciding to engage the business:

1. Digital Low-Power Wireless Telephone Business: Above twenty-five percent.
2. Trunking Radio Telephone Business: Above fifty percent.
3. Mobile Data Communication Business: Above fifty percent.
4. Radio Paging Business: Above twenty-five percent.
5. Mobile Telephone Business: Above twenty-five percent.

Article 30

For the number of base station established up to the ratio stipulated in the preceding article and connected with Telecommunications line equipment to be completed, applicants shall apply to the authority for system technical inspection. After inspecting with qualification, applicants shall provide and attach the following documents to apply to the authority for issuing a license of special authorization:

1. Application for A License of Special Authorization.
2. A Photocopy of Consent Letter for Establishment.
3. A Photocopy of Certificate for Company Registration.
4. A Certificate Qualified by System Technical Inspection.
5. A Certificate of Tariff Consented by Competent Authority for Reference.
6. A Certificate of Operation Constitutions Approved by the authority.
7. A copy of service contract established by Operators and the subscriber shall be certificates approved by the authority.

Applicants shall engage in the business within 6 months from the day of being issued with a license of special authorization. If going past a time limit, applicants will be abolished special authorization.

The standard of system technical inspection shall be stipulated by the authority.

Article 31

A license of special authorization shall record the following items:

1. Operators Name, Representative and Company Location.
2. Business Type.
3. Total Capital and paid-in capital.
4. Business Regions.
5. Using Frequency.
6. Date of Validity.
7. Date of Issue.

Article 32

The term of validity for a license of special permission to this business shall be as follows:

1. Digital Low-Power Wireless Telephone Business: Ten years.
2. Trunking Radio Telephone Business: Ten years.
3. Mobile Data Communication Business: Ten years.
4. Radio Paging Business: Fifteen years.
5. Mobile Telephone Business: Fifteen years.

Before the term of validity for a license of special permission to this business is expired one year ago, Operators who want to continue operation shall apply to reissue a license of special authorization.

Article 33

If A Consent Letter of Establishment, A Permit Letter (Certificate) of Establishment, A License of Radio Station and A License of Special Authorization is lost or damaged, Operators shall state the reasons to apply to the authority for reissue. When the items recorded make some change, Operators shall apply to the authority for renewing.

A Consent Letter of Establishment, A Permit Letter (Certificate) of Establishment, A License of Radio Station and A License of Special Authorization or Radio Frequency Approved to Assign shall not lease, lend and transfer except for the regulations stipulated in addition.

Article 34

Operators shall operate in accordance with the contents of business proposal proposed to apply for operating this business. However, the contents of business proposal that violates the regulations or go beyond the range of business operated under special authorization shall not proceed.

The contents of business proposal shall not make changes except for involving the regulations related to bid competition. If the date of deciding to start operation is changed, the business item, communication type, a profile of Telecommunications equipment, fee criteria standard and calculation method shall state the reasons and be submitted to the authority for approval. The rest related with financial structure, technical power, development project, and personnel chart should state the reasons to file to the authority for reference if making change. However, the contents of proposal to change shall not influence to perform deposit or other responsibility recorded by the original proposal.

The authority shall conduct a regular assessment for the execution of business project proposed by Operators. Those that are reviewed as Poor shall inform of improvement within a time limit.

The regulations in the Paragraph 2 can also be applied before applicants are issued with a license of special authorization.

Chapter 3　Technical Supervision

Article 35

Operators that establish, newly install, add or expand mobile communication system, equipment related to communication shall act in accordance with communication security, the Control Act and the related regulations to perform details.

Article 36

Radio frequency used by this business shall depend on the authority frequency resources and business type to allot. If one of the following is occurred, the authority shall depend on business type and utility efficiency of frequency to confine or adjust frequency channel number and bandwidth of radio used by Operators:

1. Those that must adjust with interference caused by frequency using legally already.
2. Frequency unused over one year.
3. Others that must adjust pursuant to the regulations of Paragraph 3, Article 48 of the Telecommunications Act.

Article 37

In order to prevent or improve the interference in adjacent frequencies between Operators, different Operators shall harmonize with each other for base station location where is established and the arrangement of channel or perform other effective techniques until being improved; those that cannot obtain an agreement shall file to the  authority to proceed. Operators shall act in accordance with a decision of the authority.

If radio frequency used by Operators suffers from interference caused by radio frequency of legal station established already but not frequency band of this business using, Operators shall harmonize with those establishing legal station already. Operators who cannot obtain an agreement shall file to the authority to proceed. Different frequency users shall conduct pursuant to determination of the authority.

If base station established by Operators under construction interferes with band not used by this business for legal station established already, Operators should perform effective techniques to improve. If necessary, that base station shall be suspended until being improved.

Article 38

Operators shall not use radio frequency and transmission electric power without approval; those with approval shall only limit to satisfy actual applications and operation region, the authority shall depend on a demand to supervise.

Article 39

Antenna of radio station shall not violate the standard of flight safety and the regulations of forbidding and restricting construction around airports, flight fields and auxiliary flight equipment.

The height of antenna structure that exceeds 60m above the ground shall provide a color mark of flight and a sign lamp and shall keep a safe distance with high-voltage wire, to avoids endangering public safety.

For the establishment of radio station involved in the items of building for radio station or structure safety, fire control safety and other public safety of location to establish, applicants shall act pursuant to the Architecture Act, the Fire Control Act and other related Act.

Article 40

Equipment established by Operators that connects with other public communication network equipment shall conform to the following regulations:

1. Not encroaching on communication secret of others.
2. To maintain appropriate quality of Telecommunications service.
3. Subscribers or other public communication network equipment shall not be damaged.
4. Telecommunications equipment that interconnects with other Telecommunications business shall have a demarcation point of responsibility with a clear definition.

For equipment that doesn’t conform to the preceding paragraph, the authority shall order to improve or confine its use within a time limit.

Article 41

Operators shall select carefully to conform to the qualified senior engineering staff, who will be charge of and supervise construction, maintenance and manipulation of Telecommunications equipment as well as approve to sign a journal of construction or maintenance.

A journal of construction and maintenance in the preceding paragraph shall be kept for at least one year. When the authority dispatches personnel to inspect, the journal shall be made available.

Article 42

Mobile communication system established by Operators shall be reviewed regularly or irregularly by the authority.

Article 43

A total quantity of commonly-constructed and coexisted base stations for newly installed ones of Mobile Telephone Business Operators within one year since January 1, 2003, shall be achieved to 10% of a total number of newly installed ones at least. Among these stations, a quantity of commonly-constructed ones shall be achieved to 5% at least; a quantity of commonly-constructed and coexisted base stations for newly installed ones of Operators since January 1, 2004, shall be achieved to 20% of those since January 1, 2003 at least. Among these stations, a quantity of commonly constructed ones shall be achieved to 10% at least.

Commonly-constructed base stations in the preceding paragraph mean the installation of base stations make use of the same antenna at the same place for different Operators of Mobile Telephone Business; coexisted base stations mean the installation of base stations make use of respective antenna at the same place for different Operators of Mobile Telephone Business or Operators of Mobile Telephone Business and other business.

Base stations that are installed on the public building or land shall be commonly constructed or coexisted with the Mobile Telephone Business Operators or the other different Business Operators. 

Article 43-1

Mobile telecommunications service operators receiving different frequencies, or two or more mobile telecommunications service operators constituting affiliated enterprises, may share common base stations and network facilities in order to reduce needs to establish base stations.

The affiliated enterprises referred to in the foregoing paragraph shall be defined as in the regulations concerning affiliated enterprises in the Company Act.

In Paragraph 1, the common base stations and network facilities of mobile telecommunications service operators may not have the behavior specified in any of the subparagraphs of Article 26-1, Paragraph 1 of the Telecommunications Act.

In Paragraph 1, when a mobile telecommunications service operator establishes a base station in an isolated area, that mobile telecommunications service operator must provide roaming or co-station services.

When mobile telecommunications service operators engage in integration in accordance with Paragraph 1, they must perform the changes contained in their business plans. Their communications surveillance must comply with relevant regulations of the Communications and Electronic Surveillance Protection Act. This regulation also applies to operators without business plans.

When affiliated enterprises operate an integrated mobile communications network, customer service quality and network performance quality indicators must comply with the various quality indicators in the service quality regulations specified in Article 79, Paragraph 1 after calculation on a consolidated basis.

In Paragraph 1, mobile telecommunications service operators shall open a certain percentage of base station locations to co-stationing by other operators; this commission shall set this percentage.

Article 44

Electric field intensity at the boundaries of operation region for Operators shall not be higher than the following standards:

1. Trunking Radio Telephone Business: 30dBµV/m.
2. Mobile Data Communication Business: 30dBµV/m.
3. Radio Paging Business: 23dBµV/m.
4. Mobile Telephone Business: 47dBµV/m.

Article 45

The standard regulations on equipment of base station for Digital Low-Power Wireless Telephone System shall be as follows:

1. Maximum RF Output Power: 10mW.
2. Maximum Power Density of Electromagnetic Wave: 0.4 mW/cm2.

Article 46

The standard of load for trunking radio communication system shall be at least 100 Mobile Stations per channel.

Since the day Operators were issued a license of special authorization is calculated to the third year, the minimum actual load for its system shall be 50 Mobile Stations per channel at least. The minimum load for its system shall be 70 Mobile Stations per channel at least from the fourth year.

Article 47

Trunking Radio Telephone Business Applicants or Operators shall apply for the allotment of channel in accordance with the frequency request of the radio frequency performed project; total number of channel for the same Operator in Northern Region, Central Region and Southern Region or All Regions shall be limited to 20 channels for use respectively.

When different Operators for Trunking Radio Telephone Business merge into one, the using channel of original allotment shall reserve the total number for use, which isn’t limited by the preceding paragraph. However, they shall not go beyond the business region.

If system actual load for Trunking Radio Telephone Business Operators can’t reach the standard of the minimum load stipulated by Paragraph 2 in the preceding article, the authority shall retract part of the channel allotment, so that the number of channels allotted is only more one channel than that conforming to the standard of the minimum load.

After the channels for Trunking Radio Telephone Business Operators are retracted in accordance with the preceding regulations, while system actual load exceed the standard of the minimum load stipulated by Paragraph 2 in the preceding article, Operators shall apply to the authority for an increase of channel allotment in accordance with actual system load. However, number of channel for each allotment shall be limited in 5 channels. If Trunking Radio Telephone Business Operators can’t reach the minimum load and the channels are retracted, Operators shall not apply to increase allotted channel within 6 months from the day that channels are retracted.

Article 48

The standard regulations on equipment of base station for trunking radio communication system shall be as follows:

1. Transmission and receiving with different frequency shall be adopted.
2. Maximum of Effective Isotropy Radiation Power (EIRP): Below 125 W.
3. Maximum Power Density of Electromagnetic Wave: Band at 500 MHz shall be 0.25 mW/cm2; band at 800 MHz shall be 0.4 mW/cm2.
4. Frequency Stability: Band at 500 MHz shall be ＋－2.5ppm; band at 800 MHz shall be ＋－1.5ppm.

Article 49

Mobile Data Communication Business Applicants or Operators shall apply for the allotted channels in accordance with an initial demand of frequency for the performed project of radio frequency. However, the number of allotted channel to apply first time shall be limited to 12 channels at most.

The total number of channels used by each Mobile Data Communication Business Operators shall be limited to 20 channels.

Article 50

The standard of load per channel for Mobile Data Communication System shall be as follows:

1. A channel span of 12.5 KHz shall be 500 Mobile Stations.
2. A channel span of 25 KHz shall be 800 Mobile Stations.

Since the day on which Mobile Data Communication Business Operators obtain a license of special authorization within 2 years, the minimum of actual load for system must reach up to 30% of the preceding paragraph regulations. The minimum of actual load for system must reach up to 50% of the preceding paragraph regulations from the fourth year.

Article 51

The actual average load of Mobile Data Communication System shall not reach the standard for the minimum of actual load stipulated in Paragraph 2 of the preceding article. The authority shall retract one part of the allotted channels so that the number of channels allotted to Operators is only more one channel than that conforming to the standard of the minimum load.

When actual load of system achieves up to 80% of the standard stipulated by the Paragraph 1 in the preceding article, Operators shall apply to the authority for increasing allotted channels pursuant to actual load of system.

For channels that are retracted by the authority in accordance with the Paragraph 1, Operators shall not apply to increase the allotment of the channels since the day the channels are retracted within 6 months.

Article 52

The standard regulations on equipment of base station for Mobile Data Communication System shall be as follows:

1. Transmission and receiving with different frequency shall be adopted.
2. Maximum of Effective Isotropy Radiation Power: below 125 W
3. Maximum Power Density of Electromagnetic Wave: 500 MHz shall be 0.25 mW/cm2; 800 MHz shall be 0.4 mW/cm2.
4. Frequency Stability: Band at 500 MHz shall be ＋－2.5ppm; band at 800 MHz shall be ＋－1.5ppm. 

Article 53

The standard regulations on equipment of base station for Radio Paging System shall be as follows:

1. Section of 284.5 MHz to 285.5 MHz:

(1)Maximum of Effective Isotropy Radiation Power: 100 W

(2)Maximum Power Density of Electromagnetic Wave:0.2 mW/cm2

(3)Frequency Stability: ＋－0.05ppm

2. Section of 165.25 MHz to 166.975 MHz:

(1)Maximum of Effective Isotropy Radiation Power : 1600 W

(2)Maximum Power Density of Electromagnetic Wave: 0.2 mW/cm2

(3)Frequency Stability:＋－0.3ppm

3. Section of 280.5 MHz to 281.5 MHz:

(1)Maximum of Effective Isotropy Radiation Power: 500 W

(2)Maximum Power Density of Electromagnetic Wave: 0.2 mW/cm2

(3)Frequency Stability: ＋－0.5ppm

Article 54

For Radio Paging Business Operators in the term of validity for a license of special authorization, when their radio paging systems reach a load of 150,000 receiving subscribers per channel, they shall apply to increase and allot one channel.

The whole number of channels used by the same Operators shall be limited in 6 channels.

When different Operators merge into one, the channels that have appointed already shall reserve the total number for use, which isn’t limited by the preceding 2 paragraphs.

Article 55

When conforming to the following conditions, Mobile Telephone Business Operators shall provide and attach information to apply to the authority for an increase of allotted radio frequency. The authority shall depend on the use of frequency resource to increase and allot the necessary radio frequency and confine an upper limit of bandwidth increasing to allot:

1. Frequency that allots currently shall still lack after the utility efficiency of frequency is improved specifically.
2. The situations against the regulations that radio frequency is used or changed without approval and authorization shall not happen within late 3 years.
3. Effective use index that conforms to the allotted principles of increasing frequency stipulated by the authority.

The allotted principles of increasing frequency in the preceding paragraph shall be promulgated by the authority to file to the authority with approval.

Operators getting the increasing frequency approved by the authority shall provide analysis data of the related telephone affairs in the region of using the increasing frequency to file to the authority for reference in an interval of 6 months.

If averaged telephone affairs in the region of using the increasing frequency for Operators in the latest 6 months are lower than 70% averaged telephone affairs of originally applying to increase frequency, the authority shall retract that frequency increasing to allot.

Article 56

The standard regulations on equipment of base station for Mobile Phone System shall be as follows:

1. Transmission and receiving with different frequency shall be adopted.
2. Maximum of Effective Isotropy Radiation Power: 500 W
3. Maximum Power Density of Electromagnetic Wave: 900 MHz shall be 0.45 mW/cm2; 1800 MHz shall be 0.9 mW/cm2.
4. Frequency Stability: ＋－1ppm

Article 57

After obtaining special authorization, while adding to establish or making change of system exchange equipment, Operators shall file to the authority for approval in advance. After completing reestablishment or change, Operators shall apply to the  authority for a technical inspection of system. The authority shall issue a qualified certificate for a technical inspection of system after a qualified inspection.

Article 58

Applicants or operators shall use telecommunications numbers in accordance with provisions of the Regulations Governing the Numbering of Telecommunications.

Article 59（deleted）.

Article 60（deleted）.

Article 61（deleted）.

Article 62

Mobile Telephone Business Operators shall provide subscriber freely to use an emergency call service with 110 and 119.

Chapter 4　Business Administration

Article 63

Mobile Phone Service Operators shall provide equal access service in accordance with related provisions of the Regulations Governing Equal Access Service.

Article 64  (Deleted)

Article 65 （deleted）

Article 66  (Deleted)

Article 67

Operators shall provide services in a fair manner, and may not refuse the public's requests to provide these services within their approved operating areas.

The competent authority may restrict the number of service user numbers granted by operators on the basis of applicants' ID card uniform invoice number; operators shall comply in accordance with the regulations of the competent authority.

Article 68

Operators who establish network interconnection between Mobile Communication Network and other Type I Telecommunications Business shall conduct pursuant to Regulations Governing Network Interconnection among Telecommunications Enterprises.

Article 69

For expenditures stipulated on this business, Operators shall conduct pursuant to Article 26 of the Telecommunications Act.

Article 69-1

When operators provide users dial-up download of video, images, audio, data, and short messages using operator-assigned abbreviated numbers or telecommunications numbers assigned by the competent authority, the operator must explain the fee assessment method to users priority providing services and must obtain users' consent before assessing fees.

When operators provide the services in the foregoing paragraph in cooperation with other organizations, they must, within seven days prior to providing service, report to the competent authority for future reference concerning their cooperating partners, cooperation methods, and abbreviated numbers or telecommunications numbers used, and must do likewise in the case of changes.

Operators must perform daily testing of the fee assessment method explained to users starting from the day the services in Paragraph 1 are provided, and must preserve records for one month in order to allow the competent authority to perform occasional audits. When necessary, the competent authority may order an operator to allow the testing of telecommunications terminal equipment used to provide services.

When the content of an operator's services is inconsistent with the items filed for future reference by the competent authority, the operator shall cease providing the service(s) in question pursuant to written notification from the competent authority.

Article 70

In order to promote basic communication rights and interests of a national as well as provide remote area with basic communication service so that can reach the target of Telecommunications popularization, Operators shall pay Telecommunications Business Universal Service Fund in accordance with the Administrative Regulations on Telecommunications Popular Service.

Article 71

Operators who provide roaming Telecommunications service shall file to the authority for approval.

Article 72

Operators shall provide those who investigate or search the evidence and inquire the contents of Telecommunications in accordance with legal procedure.

The control items of Telecommunications in the preceding paragraph shall conduct in accordance with the Communication Security and Control Act.

For a record of Telecommunications communication in the paragraph 1, Operators shall reserve six months at least.

Article 72-1

Operators shall maintain the records for at least six months.

Operators shall provide the records as maintained in the preceding paragraph accordingly upon application of personal inquiry by subscribers.

Article 73

Operators shall check and record user information, and may activate services only after such information has been saved in the operator's system data files. User information must be preserved for at least one year after the termination of a user's service contract. Operators shall provide user information for queries made by government agencies in accordance with law. These regulations shall also apply when these services are provided employing prepaid cards or pre-payment method.

The user information in the foregoing paragraph must include user name, national ID card or passport number, number of other verifying document other than national ID card or passport sufficient to prove identification, address, and assigned telecommunications number.

Entry of the user data in Paragraph 1 shall be completed within two days after the operator accepts a user's application.

Article 74

Operators who operate service of this business with advance card or other advance fees shall double-check subscriber’s information weekly. If the subscribers have activated service without user information, Operators shall inform the subscribers of the mend within one week. If the subscribers do not comply past a time limit, Operators shall suspend communication.

Operators shall establish their operation constitutions and a copy of unofficial service contract pursuant to the preceding paragraph.

Article 75

Accounting system and accounting procedure for Operators shall conduct pursuant to Type I Telecommunications Business Accounting System and Accounting Handling Criteria stipulated by the authority.

Article 76

If the subscribers refuse or delay to pay fees, Operators shall hasten the subscribers to pay fees with accumulated debts in considerable time and inform the subscribers will stop providing service in accordance with service contract if they don’t pay fees with accumulated debts in stipulated time.

Before time to hasten has expired in the preceding paragraph, Operators shall not stop providing communication service with the reasons to pay fees with accumulated debts.

Article 77

The authority that manages to operate this business shall order Operators to provide and dispatch the following forms:

1. Those about business.
2. Those about financial capability.
3. Those about Telecommunications equipment.

Article 78

Operators shall establish operation constitutions related to service to file to the  authority with shifting to the authority verified for promulgation to bring into force, and prepare each operation location and website for subscriber review; it shall be the same if making change.

Operation constitutions in the preceding paragraph shall establish a condition of service with fairness and reasonableness, and record the following items:

1. The items of service provided by Operators.
2. Charging standard of each service and condition to adjust fees.
3. Limitation and condition used by basic information of the subscribers.
4. Operators who suffer from punishment of special authorization to abolish and suspend or terminate their operation, sufficient to damage the subscriber’s rights and interests with compensation.
5. Owing to failure and blockage of Telecommunications line equipment so that fault, delay and interruption occur or handling can’t send to cause damage.
6. For handling of subscriber’s pleading and other items related to the subscriber’s rights and interests.
7. Other Service Conditions

For operation constitutions that damage consumer’s rights and interests or reveal to lose fairness, the authority shall order Telecommunications business to change within a time limit.

A copy of service contract established between Operators and the subscribers shall record each item in paragraph 2 to file to the authority for verification prior to carrying out, and shall not violate Telecommunications Act and Operation Constitutions; it shall be the same if making change.

Operators shall carry out a copy of service contract to make respectively with the subscribers in accordance with verification. Those who operate service of this business with advance card or other advance fees shall be the same.

Operators who change or modify a copy of service contract with the subscribers shall promulgate the media about the contents before taking effect.

Article 79

For Operators that operate this business, service of quality for subscribers and network performance shall conform to the standard of service of quality and the related technical standards established by the authority.

The authority shall depend on actual requirements to review by it or entrust with social groups and shall promulgate a review report of service of quality for each Operator regularly.

Article 80

When Operators operate inappropriately or provide service of poor quality sufficient to damage subscriber’s rights and interests, they shall improve with a time limit informed by the authority.

Article 81

If planning to suspect or terminate all or one part of business, Operators shall file to the authority for approval three months prior from the day that is expected to suspend or before terminating and inform the subscribers thirty days ago of suspending approval or before terminating.

When Operators terminate all of business with approval by the authority, the authority shall abolish special authorization.

When Operators cannot reopen during expiration of the course for suspending operation or terminate business, the authority shall deal with appropriateness if necessary.

Article 82

If Operators take upon themselves to lease or transfer the ownership of one part or all of business with special authorization, the authority shall inform of improving within a time limit. Those that do not improve to go past a time limit shall abolish special authorization.

If Operators suffer from punishment to cancel or abolish special authorization, the authority shall cancel or abolish the allotment of radio frequency channel.

Radio frequency channel equipment of Telecommunications equipment control established by Operators in the preceding paragraph shall conduct pursuant to Article 13 of the Administrative Regulations on Controlling Telecommunications Radio Frequency Channel Equipment.

Chapter 5 Supplementary Provisions

Article 83

Those who operate this business shall apply in accordance with special authorization, review, certification, inspection and license as well as pay Special Authorization Fee, Inspection Fee, Certificate Fee, Review Fee and License Fee to the authority pursuant to the standard of charging stipulated by the authority.

Fees that the authority shall receive shall conduct the budget procedure pursuant to the preceding paragraph.

Article 84

In order to ensure effective utility of frequency resources, the authority shall collect user fees from the subscribers using radio frequency channel. Operators shall pay user fees of radio frequency to the authority in accordance with the standard stipulated by Paragraph 2, Article 48 of the Telecommunications Act.

Article 85

For a related letter and license stipulated by these Regulations, the contents shall record the items and format. Except for these Regulations stipulated, they shall be established and promulgated by the authority at a later date.

Article 86

These Regulations stipulate Applicants and Operators shall comply with the course. Except that the regulations shall be postponed, the course will not be changed.

Article 87

The items not stipulated by these Regulations shall apply to other stipulations of the Telecommunications Act.

Special authorization and operation administration of 1900 MHz Digital Low-Power Wireless Telephone Business shall be conducted pursuant to Administrative Regulations on 1900 MHz Digital Low-Power Wireless Telephone Business.

Special authorization and operation administration of 3rd Generation Mobile Communication Business shall be conducted pursuant to Administrative Regulations on the 3rd Generation Mobile Communication Business.

Article 88

These Regulations shall come into force upon the date of promulgation.