Regulation for Administrating telecommunications engineering enterprises(Dec. 31, 2008)

Article 1  

The present Regulations are prescribed according to Section 5 of Article 43 of Telecommunications Act.

Article 2  

Terms used in the present regulations are defined as follows:

1. Telecommunications engineering enterprise(s): means who engages in the construction and maintenance of interconnection between or among the telecommunications equipment of Type I telecommunications enterprises, or between main distribution equipment in switching office of Type I telecommunications enterprises and customer premise equipment in customer’s building.
2. Exclusive (full-time) telecommunications engineer(s): means telecommunications engineer(s) who do not take position in other telecommunications engineering enterprise(s).

Article 3  

The telecommunication engineering business operator without registration of corporations or business may apply for registration of corporations or business only after obtaining the permission of competent authority. Those who with registration of corporations or enterprise may apply for revision of registration of corporation or business only after obtaining the telecommunication engineering registration license (hereinafter as “registration license”, the form is as annex 1) or the permission of competent authority.

Telecommunication engineering operator shall run business only after finishing applying for registration to the competent authority, and join the association within 1 month. The relevant telecommunication association shall not reject the application for entry.

Article 4  

The registration of telecommunication engineering enterprise is divided into class A, B and C; the operating ranges of the grades as follow:

1. class A telecommunication engineering enterprise: conducting the installation and maintenance construction of the interconnection of the telecommunication equipment between Type I telecommunication enterprises and of main distribution equipment in switching office of Type I telecommunication enterprise to subscriber‘s terminal equipment.
2. class B telecommunication engineering enterprise: conducting the installation and maintenance construction of main distribution equipment in switching office of Type I telecommunication enterprise to subscriber‘s terminal equipment.
3. class C telecommunication engineering enterprise: conducting the installation and maintenance construction within the demarcation point of responsibility of the subscriber’s building.

Article 5  

Those who apply for registration of class A telecommunication engineering enterprise, shall obtain the following elements:

1. the capital exceeds NT$ 10,000,000.
2. With solid business premise.
3. Employing at least 1 exclusive telecommunication engineering personal in the subparagraph 1, 1 exclusive telecommunication engineering personal in the subparagraph 2, 2 exclusive telecommunication engineering personal in the subparagraph

1. Electronic engineering technician, electrical engineering technician, information management technician or class A communication technology category (telecommunication wire) technician.
2. Electronic engineering technician, electrical engineering technician, information management technician , class B or above communication technology category (telecommunication wire) technician.or class B network installation technician.
3. Electronic engineering technician, electrical engineering technician, information management technician , class C or above communication technology category (telecommunication wire) technician.or class C network installation technician.

Article 6  

Those who apply for registration of class B telecommunication engineering enterprise shall obtain the following elements:

1. the capital exceeds NT$ 2,000,000.
2. With solid business premise.
3. Employing at least 1 exclusive telecommunication engineering personal in the subparagraph 1, 1 exclusive telecommunication engineering personal in the subparagraph 2,

1. Electronic engineering technician, electrical engineering technician, information management technician or class B communication technology category (telecommunication wire) technician.or class B network installation technician.
2. Electronic engineering technician, electrical engineering technician, information management technician , class C or above communication technology category (telecommunication wire) technician.or class C network installation technician.

Article 7  

Those who apply for registration of class C telecommunication engineering enterprise shall obtain the following elements:

1. the capital exceeds NT$ 500,000.
2. With solid business premise.
3. Employing at least 1 exclusive telecommunication engineering personal in the following every subparagraph:

1. Electronic engineering technician, electrical engineering technician, information management technician.
2. Class C or above communication technology category (telecommunication wire) technician.or class C network installation technician.
3. Class C or above interior wire distribution, industrial wire distribution, electronic wire repair, electronic cable repair, electricity change equipment repair, electronic equipment detection category technician or class A or class B electrician with qualification certificate according to laws.

Article 8  

The legal representative of the telecommunication engineering enterprise who obtaining the qualification stated in Article 5 to Article 7 may take position as the exclusive telecommunication engineering personal of that enterprise.

Article 9  

Those who apply for registration license shall attach the following documents and apply to the competent authority. The competent authority shall grant the license if the qualification after examination is completed:

1. Application form for telecommunication engineering enterprise registration license (hereinafter as “application form”).
2.  Photocopy of registration certificate of corporation or enterprise. However, the application is issued before December 31 2010, the operation items may cease to be examined.
3. Capital. However, the application is issued before December 31 2010, the capital may cease to be examined.
4. photocopies of proof documents for complying the qualification of exclusive telecommunication engineering personal from Article 5 to 7, identification, and consent of employment. (the form is as annex 2)

The form of the application form in subparagraph 1 of the above paragraph is attached as annex 3; the contents shall include the following items:

1. Name of corporation or enterprise and business address.
2. Name of legal representative of corporation or enterprise, names of exclusive telecommunication engineering personal, and their date of birth, Address of residence or domicile, and identification number.
3. Capital.

If the documents are incomplete or unqualified in the first paragraph, the competent authority shall list the incomplete or unqualified items, and notice the applicant for amendment. If the applicant fails to amend before due date or the documents are still incomplete after amendment, t the competent authority shall deny the application and confiscate the documents attached.

The applicant who is without the registration of corporation or business or, issues the application form before December 31 2010, therefore the registration license contains no telecommunication engineering business item, shall attach application form for telecommunication engineering enterprise registration permission(the form is as annex 4) apply for permission of competent authority. After obtaining the permission document from competent authority, the applicant shall finish the registration of corporation or business or revision of business item registration with 6 month. After the registration, application shall attach the documents in paragraph 1 for license. The competent authority shall grant the license of registration if the qualification after examination is completed

The registration permission, application, replacement or reissuance for license of registration, may apply though the internet, the implement schedule shall be announced by the competent authority.

Article 10

The senior telecommunication engineering personal stated in the Article 4, telecommunication engineering personal stated in the Article 5 of “the qualification and management regulations on senior telecommunication engineering personal and telecommunication engineering personal”, within 5 years after the effective date of these regulations, may be employed by the telecommunication engineering enterprise as exclusive telecommunication engineering personal in the position of class B or C technician of communication technology(telecommunication wire) or network installation category.

Article 11 

The license of registration shall contain the following items:

1. Number of the license.
2. Name of corporation or enterprise.
3. Legal representative.
4. Capital
5. Business address of corporation or enterprise.
6. Class of the telecommunication engineering enterprise.
7. Effective period.

Article 12 

If any content in the license of registration revise, the revision application shall be issued to the competent authority within 30 days after the date of such revision, with documents stated in paragraph 1, Article 9, for replacement of license.

The telecommunication engineering enterprise shall apply to competent authority for re-issuance of license of registration, with documents stated in paragraph 1, Article 9, due to lost or breakage of the license.

The effective period contained in the re-issued or replaced license according to paragraph 1 or 2 of this Article, shall be the same to the original license.

Article 13 

The effective period of the license of registration will be 5 years. Those operators wish to operate business after the expiration date of the license, shall attach the following document and apply for renewing of the license, 3 months prior to the expiration date of the original license. The effective period of the renewed license shall initiate from the next day of the expiration date of original license. To those operators who did not apply for renewing license, the competent authority shall abolish the permission and notice competent authority of the corporation or business registration to abolish the registration of corporation or business or partial items of the registration.

1. Application form
2. Capital
3. The original license
4. Photocopy of registration certificate of corporation or business with operation item of telecommunication engineering business.
5. Certificate of membership of association in the current year.
6. Certificate of the membership of association in current year.

Article 14 

When exclusive telecommunication engineering personal resign or fail to conduct his/her duty, the telecommunication engineering enterprise shall employ enough personal within 3 months and report to the competent authority for reference.

If the telecommunication engineering enterprise fails to report to the competent authority, the resigning telecommunication engineering personal may attach the relevant unemployed documents and report to the competent authority for reference. If the competent authority agrees to file such resignation for reference, it shall notice the telecommunication engineering enterprise to employ enough personal within 3 months and report to the competent authority for reference.

The report to the competent authority for reference in paragraph 1 and 2 shall attach the photocopy of proof documents for complying the qualification of exclusive telecommunication engineering personal, photocopy of identification, and consent of employment.

Article 15

When telecommunication engineering enterprise applies for suspension, the period of suspension shall not exceed 1 year. And telecommunication engineering enterprise shall submit the license to the competent authority for reservation. The license shall be return after resume operation.

When telecommunication engineering enterprise terminates its business or dissolves its company, the telecommunication engineering enterprise shall apply for abolishing the permission with 1 month after the terminating or dissolving date, and return the license to the competent authority.

Article 16 

If there is anything fake or frau in the application of registration of telecommunication engineering enterprise, the competent authority may revoke the registration.

If any one of the following situation occurs, the competent authority may abolish the registration:

1. The telecommunication engineering enterprise borrows its license for any third party.
2. To do shoddy work and use inferior material or operating construction without permission and cause risk, which is finally found guilty by the court.
3. Conducting Illegal bidding and which is finally found guilty by the court.
4. The exclusive telecommunication engineering personal according to Article 5 to Article 7 resign or layoff and fail to employ enough personal within 3 month, and fail to amend with the period noted by the competent authority.
5. Fail to apply for resume its business after expiration of the suspension.
6. The operating body has been dissolved or no longer exits according to the corporation or business registration laws.

Except the situation in subparagraph 5 or 6 in above paragraph, the legal representative of the telecommunication engineering enterprise whose license has been revoked or abolished, shall not apply for registration of telecommunication engineering enterprise within 3 years.

Article 17

  Those who apply for certificate of registration, revision or due date replacement, or reissuance due to lost or breakage of telecommunication engineer enterprise(s) according to these regulations, shall pay fee of certificate according to the “Fee charging standards of certificate of telecommunications engineering enterprise(s)”.

Article 18 

These regulations shall be effective 3 months after the announcement.