Administrative Regulations on the Controlled Telecommunications Radio-Frequency Devices

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0060048

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Chapter 1 General Provision

Article 1

The regulations hereunder are promulgated pursuant to Paragraph 2, Article 49 of the Telecommunications Act (hereinafter as “Act”)

Article 2

These regulations govern the manufacture, import, installation, possession, selling, and public display of controlled telecommunication radio-frequency devices (hereinafter as “CTRFD”); Matters not provided herein shall be subject to the provisions of other applicable laws.

Article 3

Controlled telecommunications devices refer to those authorized radio frequency devices specified in Section 4, Article 49 of the Act.
CTRFDs shall fall into one of two categories:
1. CTRFDs that require a station license: promulgated pursuant to Article 46, Article 47, and Paragraph 6, Article 14 of the Act, among which a station licenses must be obtained prior to the use of CTRFDs.
2. CTRFDs that do not require a station license: those other than the CTRFDs specified in the previous subparagraph.
The competent authority shall supervise CTRFDs in accordance with the degree of influence on the order of radio waves and shall conduct regular reviews. However, such restriction shall be lifted for those that, through testing and analysis, demonstrate no radio wave interference.

Article 4

The competent authority of regulations hereunder shall be National Communications Commission (hereinafter as “NCC”).

Chapter 2 Permit on Operation

Article 5

Those engaged in the manufacturing or importing of CTRFDs shall be forbidden from operating the devices until approval and a CTRFD operation certificate (hereinafter as “operation certificate”)issued by NCC has been obtained.

Article 6

Those who apply for operation certificate shall complete a CTRFD operation certificate application form (hereinafter as “operation certificate application form”), as well as prepare the following other documents, and submit them to NCC; the operation certificate will then be issued after gaining approval:
1. Those applying for manufacturer operations:
(1) One copy of company establishment registration certificate or commercial establishment registration certificate.
(2) One copy of factory registration certificate or affidavit.
2. Those applying for import operations: One copy of company establishment registration certificate or commercial establishment registration certificate.
In order to carry out the registration of company establishment or commercial establishment, the applicant must have first obtained the permit documents issued by NCC and completed the CTRFD operation permit application form and submitted them to NCC for approval. The validity period of operation permits shall be six months. Those that fail to carry out the registration of company establishment or commercial establishment within the period shall re-apply for the permit.
Those applying for the operation certificates in Paragraph 1, whose submitted documents are incomplete, shall be required to undertake corrective action within a certain period prescribed by NCC. Applications of those who fail to undertake corrective action or whose corrections are still deemed to be incomplete after the prescribed period shall be rejected.
In order to avoid the interference of legal radio users, those engaged in the CTRFD manufacturer operations shall establish an appropriate radio waves shielding facility at the location of the factory. If interference occurs, this shall be handled in accordance with the Administrative Regulations on Radio Waves Monitoring or other relevant regulations.
The validity period for operation certificates shall be three years. For those who wish to continue operations after the expiration date, the operators shall complete the CTRFD operation certificate transfer or reissue application form and the documents set in Paragraph 1 and submit them to NCC within one month prior to the expiration date to apply for a reissue of a new certificate, which shall be valid from the day the original certificate expires. Operators that fail to apply for a reissue of the certificate before the expiration date shall re-apply in accordance with the provisions of Paragraph 1, and may continue operations after NCC issues the new operation certificate.
The applications in Paragraph 1, Paragraph 2, and Paragraph 5 can be carried out by the applicants themselves, or entrusted to be carried out by a designated associate or by others.
The applications for operation permits and operation certificates can be completed online, the implementation time and application process of which shall be announced by NCC.

Article 7

The below registered content shall be included in the operation certificate:
1. Certificate number.
2. Company or factory name.
3. Representative.
4. Office location.
5. Factory location (if manufacturer).
6. Business items.
7. Certificate validity period.
8. Certificate issued date.

Article 8

Operation certificates may not be leased, relinquished, pledged, re-transferred, or provided for the use of others by other means.
Should the operation certificate be lost or damaged, the holder shall immediately complete CTRFD operation certificate transfer or reissue application form and the documents set in Paragraph 1, Article 6 and submit them to NCC for transfer or reissue.
Whenever changes are made to recorded items in the operation certificate, the holder shall apply for certificate transfer from NCC in accordance with the following regulations:
1. Change of company name, representative, office or factory location: After completing the change of registration of company establishment or commercial establishment or the registration of factory establishment, the holder shall complete and submit the operation certificate transfer or reissue application form and the documents set in Paragraph 1, Article 6.
2. Change of business categories: One shall fill in and submit the operation certificate transfer or reissue application form and the documents set in Paragraph 1, Article 6.
The applications in the previous two paragraphs can be carried out by the applicants themselves, or entrusted to be carried out by a designated associate or by others.
The application for reissue or transfer of operation certificates in accordance with the provisions of Paragraph 2 and Paragraph 3; the period of validity period shall be the same as the original certificate.
For those operating the CTRFD manufacture or import businesses and plan to terminate all its businesses shall report to NCC one month prior to the termination date for recordation. Their operation certificate shall be revoked immediately.

Chapter 3 Administration of CTRFD

Article 9

The statistics for the model number and quantity of CTRFDs produced or imported in the previous year shall be listed and reported to NCC either by the operation certificate holder or a designated associate after obtaining notification from NCC.

Article 10

CTRFDs shall not be manufactured, imported, sold, or publicly displayed unless they have received type approval and recognition of inspections. However, the manufacture of such devices in connection with academic studies, technological research and developments or experiments, as well as uses exclusively for export, re-importation after export and other uses permitted by the NCC of such devices shall be exempt.

Article 11

CTRFDs that requires a station license, unless otherwise specified by laws and regulations, shall undergo type approval and testing compliance and shall obtain station an establishment permit certificate, station license, or special program authorization documents prior to installation.

Article 12

CTRFDs that do not require a station license and for those whose wireless telecommunications terminal equipments (hereinafter as “wireless TTE”) and low-power radio-frequency devices (hereinafter as “LPD”) are for personal use, may be exempted from undergoing type approval, testing compliance, and special program authorization.
For those whose CTRFDs in the previous paragraph influence aviation safety or interfere with legal communications, NCC shall notify users to cease usage or to undertake corrective action until no interference occurs prior to use.

Article 13

Should a CTRFD which requires?a radio station license be lost or stolen, the certificate holder shall immediately report the certificate discrepancy to NCC or complete an application herewith for removal from the relevant certificate along with relevant a police report or other evidence.

Article 14

Should a CTRFD that requires a station license be damaged, replaced, or uses become suspended or terminated, the license shall holder shall report immediately to NCC to dispatch personnel to seal or destroy the device under surveillance, where the sealed period is set by the applicant. When necessary, the applicant may apply for extension by providing written statements of reasons within 14 days prior the expiration date. However, for devices of which the owner is unknown, NCC may directly seal or destroy devices under surveillance.
When it is known that CTRFDs should be sealed or destroyed under surveillance as per previous paragraph, NCC may actively dispatch personnel to seal or destroy under surveillance.
For the actively sealed CTRFDs in Paragraph 1 and the previous paragraph, NCC may dispatch personnel to inspect these intermittently.
The CTRFDs to be replaced or their uses to be suspended or terminated as in Paragraph 1 may be yielded to a third party. The installation and possession of the yielded CTRFD shall be handled in accordance with the relevant regulations to subparagraph 1, Paragraph 2, Article 3.
The CTRFDs of ships sailing on international routes or deep-sea fishing vessels that have been are destroyed or transferred due to being replaced overseas, through reporting to NCC for recordation, shall not be applicable to the provisions in the previous four paragraphs.
Those whose CTRFDs require a station license as per Paragraph 1 and require continued usage, the owner of the license may choose not to seal or destroy devices under surveillance, and shall assign someone to record and manage the number of devices and locations placed before re-obtaining a station establishment permit, and shall report to NCC for recordation. NCC may dispatch personnel to inspect these intermittently.

Article 15

Prior to conducting tests on CTRFD that transmit radio waves, the applicant shall apply to NCC for approval, which shall not be required if an operation certificate has been?obtained and the test is performed within an appropriate radio waves shielding facility.

Chapter 4 Import Administration

Article 16

The import of CTRFD shall be granted and import permit issued by NCC.
Aforesaid the application of import permit may be submitted online. The effective time and application procedures will be promulgated by NCC.

Article 17

Those who apply for import permit certificates, unless otherwise specified by the Regulations, shall attach the CTRFD import permit certificate application form in accordance with the usage of CTRFD and one of the documents in the following subparagraphs and relevant documents to be handled by NCC:
1. Public telecommunications station: System establishment permit documents, network construction permit documents, or special program authorization documents.
2. Broadcast TV and radio station, dedicated telecommunications station, or other telecommunications station: Station establishment permit certificate or special program authorization documents.
3. Mobile satellite earth station or small satellite earth station: Documents of proof for type approval, documents of proof for Declaration of Conformity (hereinafter as “DoC”), or special program authorization documents.
4. Amateur wireless devices: Documents of proof for type approval, documents of proof for DoC, establishment permit documents, or special program authorization documents.
5. CTRFDs for use on foreign flag-flying ships or export ships: Foreign flag-flying registry certificates, sale and purchase contracts, or special program authorization documents.
6. CTRFDs that require a station license for research and development, testing purposes, or the purpose of exhibitions: Special program authorization documents.
7. Other CTRFD: Special program authorization documents.
Those applications whose documents in the previous paragraph are deemed incomplete shall be informed to undertake corrective action within a period prescribed by NCC. For those who fail to undertake corrective action or whose corrections are deemed to be still incomplete after the prescribed period shall be rejected.
Those who apply for import permit certificates online shall complete the documents and certificate number or authorization number for the following documents in accordance with the online application form and are exempted from attaching the documents in the various subparagraphs of Paragraph 1:
1. Assurance number of documents of proof for type approval and documents of proof for DoC of mobile satellite earth stations, small satellite earth stations, or amateur wireless devices or authorization number of amateur wireless device establishment permit documents.
2. Certificate number of wireless station establishment permit certificate of ships.
3. Authorization number of public telecommunications system establishment permit documents and network construction permit documents.
4. Authorization number of broadcast TV and radio station establishment permit certificates, dedicated telecommunications station establishment permit certificates, or establishment permit certificates of other stations.
5. Authorization number of special program authorization documents.
Those applying for import permit certificates in Paragraph 1 using station establishment permit certificate who have not obtained a station license within the predetermined period or those applying for import using the documents in subparagraph 1, Paragraph 1 shall immediately re-export or handle in accordance with the provisions of Article 14 after the system establishment permit documents, network construction permit documents, or special privileged licenses have become invalid.
Those applying for import permit certificates in Paragraph 1 using special program authorization documents shall re-export the imported CTRFDs within the period specified in the authorization documents or report to NCC for the imported CTRFD to be destroyed under surveillance. When necessary, the original applicant may apply for extension by providing written statements of reasons within thirty days prior to the specified expiration date. Those handling re-export or reporting to NCC to be destroyed under surveillance after expiration, after being notified by NCC, shall handle re-export or the destroying under surveillance in accordance with the notification period of NCC. However, those in the following situations may be exempted from re-export or reporting to NCC to be destroyed under surveillance:
1. Those with CTRFDs that require a station license and have obtained station establishment permit certificate or station license and CTRFDs that do not require a station license, have obtained proof for type approval or proof for DoC and have reported to NCC for recordation.
2 Those who need to retain the CTRFD for static display or other special purposes and have reported to NCC for approval.
Those whose CTRFDs are re-exported in accordance with the provisions in the previous two paragraphs shall fill in and submit the following documents after the devices are exported and report to NCC for recordation:
1. CTRFDs in subparagraphs 1 through 4 and Subparagraphs 6 and 7, Paragraph 1: One copy of the customs export certification page or other documents proving re-export.
2. CTRFDs in subparagraph 5, Article 1: One copy of foreign flag-flying registry certificates and the duplicate (or triplicate) uniform invoice of Taiwan.
Those whose imported CTRFDs do not require a station license, is approved by NCC special program and have not obtained proof for type approval or proof for DoC, its replacement, usage suspension, or yielding to a third party shall be approved by NCC.
The documents of proof for type approval or documents of proof for DoC in Subparagraphs 3 and 4, Paragraph 1, copies of the testing compliance label recordation letter of those who have obtained proof for type approval or proof for DoC and have reported to NCC for usage agreement and their documents of proof for type approval or documents of proof for DoC as replacement may be used.

Article 18

Those in one of the following situations when importing CTRFDs shall be exempt from applying for and obtaining import permit certificates:
1. The wireless TTE and LPD, where the type approval is qualified by or the DoC registration has been completed by the NCC or certification bodies recognized and entrusted by NCC.
2. Besides mobile satellite earth stations and small satellite earth stations, to import self-use wireless TTE or LPD, one shall fill in the self-use affidavit, where the affidavit is only for self-use and not for sale or other commercial purposes and shall attach documents proving the compliance of relevant technical specifications. The restrictions to the imported quantity are as follows:
(1) For those who are to import through hand carry, at most, the quantity may not exceed five sets each time.
(2) For those who are to import by mail or other non-hand carry methods, at most, the quantity may not exceed two sets at one time.
(3) For the same natural or legal persons importing the same brand and model number, the limit is ten sets within one year.
3. Domestically manufactured CTRFDs that were returned or shipped back after having been exported.
4. Imported CTRFDs from overseas, which are bonded goods, to business entities within government-approved tax-free export processing zone, science park businesses within bonded scope, agricultural technology park businesses within bonded scope, and bonded factories, bonded warehouses, or logistics centers managed by customs.
5. Imported CTRFDs from overseas to government-approved free economic pilot zone businesses for testing purposes and free trade port zone businesses to be stored.
6. Those goods applicable to temporary customs clearance regulations and have been authorized for import by NCC special programs.
Those whose CTRFDs enter into other regions within the ROC territory to the businesses, factories, warehouses, or logistics centers in subparagraph 4, Paragraph 1 or to the free economic pilot zone businesses or free trade port zone businesses in subparagraph 5, Paragraph 1 shall handle in accordance with the provisions of the previous article. However, this shall not apply to those who have undergone type approval, testing compliance, or have completed DoC registration.

Article 19

Those that apply for import permit certificates for the following different types of CTRFDs shall attach the CTRFD import permit certificate application form and relevant documents to be handled by NCC:
1. Those whose non-domestically manufactured CTRFDs have been returned or shipped back after having been exported.
2. Those that import at most ten sets of CTRFD of the same brand and model number for type approval purposes each time.
3. CTRFDs that do not require a station license for research and development, testing purposes, or for exhibitions.
4. CTRFDs for export purposes only are imported to be processed, repaired, or assembled.
5. With the exception of mobile satellite earth stations and small satellite earth stations, self-use wireless TTE or LPDs.
6. A maximum of two self-use amateur mobile radio stations imported for amateur radio operators.
For the self-use wireless TTE or LPDs in subparagraph 5 of the previous paragraph, the restrictions to the imported quantity shall be as follows:
1. Those that import through hand carry: at least six sets to a maximum of ten sets.
2. Those that import by mail: at least three sets to a maximum of ten sets.
3. Importing the same brand and model number: the limit shall be ten sets within one year for natural persons and twenty sets within one year for legal persons.
When applying for import permit certificates in subparagraphs 2 to 4, Paragraph 1, applicants shall fill in the affidavit for one year starting from the issue date of the import permit certificate, where the imported CTRFD are re-exported or reported to NCC to be destroyed under surveillance. When necessary, the original applicant may apply for an extension by providing written statements of reasons within 30 days of the expiration date; the maximum extension period shall be one year and can only be extended twice. Those handling re-export or reporting to NCC to be destroyed under surveillance after expiration, after being notified by NCC, shall handle re-export or the destroying under surveillance in accordance with the notification period of NCC. However, those in the following situations may be exempted from re-export or reporting to NCC to be destroyed under surveillance:
1. Those with CTRFDs that require a station license and have obtained a station establishment permit certificate or station license and CTRFDs that do not require a station license that have obtained proof for type approval or proof for DoC and have reported to NCC for recordation.
2. Those who need to retain CTRFDs for static display or other special purposes and have reported to NCC for approval.
When applying for import permit certificates per subparagraph 6, Paragraph 1, applicants shall fill in the affidavit for three months starting from the issue date of the import permit certificate to obtain amateur mobile radio station license. Those that fail to obtain the license shall re-export the imported CTRFD or report to NCC for the imported CTRFD to be destroyed under surveillance. When necessary, the original applicant may apply for extension providing written statements of reasons within 30 days of the expiration date; the maximum extension period shall be three months and only granted once. Those handling re-export or reporting to NCC to be destroyed under surveillance after expiration, after being notified by NCC, shall handle re-export or the destroying under surveillance in accordance with the notification period of NCC.
Those re-exporting CTRFDs in accordance with the provisions of the previous two paragraphs shall handle in accordance with the provisions of Paragraph 6, Article 17.
When applying for import permit certificates in subparagraphs 5 and 6, Paragraph 1, applicants shall fill in the self-use affidavit, which is for self-use and not for sale or other commercial purposes, and shall attach documents proving the compliance of relevant technical specifications.

Article 20

Imported ships or aircrafts with CTRFDs previously installed shall be exempted from an import permit but shall apply for radio station license as per relevant?regulations.

Article 21

Under the circumstance that the different model number of devices are imported at one time by the same applicant, or setup permit, special program authorization document provided has different period of validity, import permits shall be applied for separately.
An exception shall be CTRFDs listed in Article 19.1 for which import permits can be applied for together.

Article 22

The import permit shall be valid for one year and limited to import CTRFDs once. If necessary, the permit can be extended once for one year before expiration. Only one extension shall be allowed. However, the validity of import permit cannot be longer than the validity of setup permit or special program authorization document.
In the case of a lost import permit, the holder shall apply for reissue herewith to NCC.

Chapter 5 Additional Provision

Article 23

When necessary, NCC may dispatch personnel with documents of proof to undertake inspections of the manufacture, import, sale, and public display of CTRFDs based on the recorded or reported items of business operators that have obtained operation certificates. The business operators may not refuse or evade.
When necessary, NCC may dispatch personnel with documents of proof to head to the locations of sales, public displays, installations, or with CTRFD to undertake inspections of the type approval, technical characteristics, quantity, or station license of the CTRFD. Those with sales, public displays, installations, or holding CTRFD may not refuse or evade.

Article 24

NCC staff applicable to Article 23 shall undertake the inspection and provide a written record of the results.

Article 25

The application fee shall be paid upon inspection and issuance of license. The application fee is charged as per budget procedure.

Article 26

(Deleted)

Article 27

Violation of regulations hereunder shall be penalized in accordance with the Act.

Article 28

The flow chart and form of table shall be stipulated by NCC.

Article 29

These regulations shall come into effect as of the date of promulgation.