Administrative Rules on Radio and Television Broadcasters' Establishment of Microwave Stations

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0060052

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Article 1


These Rules are enacted in accordance with Paragraph 3, Article 46, Paragraph 3, Article 47 and Paragraph 1, Article 48 of the Telecommunications Act.


Article 2


The terms as used herein shall be defined as follows:
1. "Radio and Television Broadcaster" means a business that has obtained the approval of the competent authority to establish or operate a radio or television broadcasting company or the registration certificate of a cable broadcast system according to the Radio and Television Broadcasting Act, Cable Radio and Television Broadcasting Act and Satellite Radio and Television Broadcasting Act.
2. "Cable" means a fiber optic cable or coaxial cable.
3. "Relay" means a device that receives, amplifies, converts frequency and transmits radio signal.
4. "Microwave Station" means an installation that uses microwave technology to convey signals.
5. "Compression Technology" means the technology that converts and processes program signals to reduce the volume of information needed so that the bandwidth required to transmit the signal is narrowed.


Article 3


The competent authority for these Rules shall be the National Communications Commission.


Article 4


If radio or television broadcasting stations or cable television systems established by radio and television broadcasters in accordance with the law are unable to use cable circuit transmission to relay program signals due to topographic or other difficulties, the stations shall apply to establish a fixed microwave station.


Article 5


Applicants for the establishment of fixed point program relay radio stations should prepare the following documents and submit them to the competent authority. The establishment can only proceed after the application has been approved and the establishment permit has been issued:
1. The application form for the establishment of a broadcasting program relay radio station.
2. The application form for broadcasting frequency.
3. Copies of the broadcasting license, television license, satellite broadcasting business license or permit of cable broadcasting business or the approved documentation for the establishment, and the registration certificate of cable broadcast system issued by the competent authority.
4. Frequency interference evaluation and coordination information.
For the examination of the aforementioned application, the competent authority has the right to request the applicant to conduct on-site testing depending on the examination and evaluation. In order to fill in Item 2 of the aforementioned application form, the applicant has the right to request the competent authority to provide related frequency information.
After the fixed point program relay station has been established, the applicant shall prepare the following information and submit its application y to the competent authority for examination; the applicant may begin operations after the examination has been approved and the radio station license has been issued by the competent authority:
1. Certificate of the transmitter manufacturer. If it is imported from overseas, an import certification shall be provided.
2. Self examination record of the program relay radio station.
3. Copy of the miscellaneous license when required to apply for the license for its antenna tower in accordance with related regulations concerning buildings.
Processing period for Section 1 and Section 3 application is 3 months after the application has been received. It can be extended if necessary within the acceptable range of the original period, but is limited to once and applicants shall be notified of the extension.


Article 6


To carry out on-site broadcast relays, television or radio broadcasters shall apply to construct a mobile microwave station.
The mobile microwave station is prohibited from being used as a fixed microwave station.


Article 7


Applicants for the set-up of live program relay radio stations shall prepare the documents regulated in Item 1 to Item 3 of Section 1, Article 5 to apply to the competent authority. The applicant may begin establishment after the application has been approved and the set-up permit has been issued.
For the examination of the aforementioned application, the competent authority has the right to request the applicant for on-site testing depending on the examination. To fill in the application form regulated in Item 2 of Section 1, Article 5, the applicant has the right to request the competent authority to provide related frequency information.
After the relay radio station of live programs has been established, the applicant shall submit the self examination record of the relay radio station to the competent authority for examination; the competent authority shall issue the radio station license after the examination has been approved.
Processing period for Section 1 and Section 3 applications is 3 months after the application has been received. It can be extended if necessary within the acceptable range of the original period, but is limited to once and applicants shall be notified of the extension.


Article 8


Permit for establishment is valid for one year. If the establishment cannot be completed within the valid period, the owner may apply to the competent authority for an extension thirty days before the valid time is due, specifying the reasons for the delay and providing the original establishment permit. The extension shall be valid for one year and shall be granted once only.
An Establishment permit shall specify the following items:
1. Name of the radio station
2. Set-up location
3. Frequency of the radio station
4. Bandwidth of the radio station
5. Electric power of the transmitter
6. Brand name of the transmitter
7. Model number of the transmitter
8. Brand name of antenna, model number, set number, and electric power gain.


Article 9


The radio station license shall be valid for 3 years. To apply for license renewal, broadcasting companies shall submit the original license and self examination record of the relay radio station to the competent authority thirty days before the period is due. The renewed license shall be valid for 3 years from the next day after the original license was due.
A radio station license shall specify the following items:
1. Name of the radio station
2. Set-up location
3. Name of the company
4. Frequency range of the radio station
5. Approved electric power
6. Brand name of the transmitter
7. Model number of the transmitter
8. Serial number of the transmitter
9. Brand name of antenna, model number, set number, and electric power gain.
When applying for license review in accordance with the regulation in section 1, the competent authority has the right to send personnel to investigate the equipment prior to approval. If the examination is not passed, the competent authority shall notify the company to undertake improvement measures within a designated period of time. If the company does not undertake the necessary measures or are deemed as unsatisfactory, a renewed license shall not be granted.


Article 9-1


For any change of the transmitting address, frequency, bandwidth, electric power and the transmitter of the existing fixed program relay radio stations, the company shall apply to the competent authority for an establishment permit in accordance with the regulation in Article 5; the radio station can be used only after the examination has been approved and the renewed radio station license has been issued.
Applicants of the aforementioned establishment permit shall prepare the document regulated in Section 1, Article 5. However, for radio stations that have only changed the transmitter, the document stipulated in Section 2 to Section 4 is not required.
Applicants for the examination for Section 1 shall prepare the document stipulated in Section 3, Article 5. However, if they use the existing antenna tower of broadcasting radio stations, the document regulated in Section 3 is not required.
For the change of frequency, bandwidth, electric power and transmitter of live program relay radio stations, the company shall apply to the competent authority for an establishment permit in accordance with Article 7. The change can only be applied after the examination has been approved and the radio station license has been renewed.
Applicants of the aforementioned establishment permit shall prepare the document stipulated in Item 1 to Item 3 of Section 1, Article 5. However, for the change of transmitter, the document regulated in Item 2 to Item 4 is not required.
Applicants for the examination of Section 4 shall prepare the document stipulated in Section 3, Article 7.


Article 10


Construction permits and licenses shall not be transferred, leased or lent to others. If a license or permit is lost or damaged or details on the license or permits are changed, an application shall be made to the competent authority by enclosing relevant documentary evidence for supplement or replacement.
Validity of the aforementioned issued or reissued license or permit shall be the same as that of the original.


Article 11


The operations of fixed microwave stations shall conform to the following regulations:
1. The range of frequency utilized by the station is from 12.75 GHz to 13.15 GHz.
2. Compression technology, encryption or other transmission technology must be utilized where fixed microwave circuits are used to convey a signal.
3. Transmitter power shall not exceed five watts.
4. The transmission antenna shall use a directional antenna, the efficient radiation power shall not exceed 55 decibel watts (dBW) and the antenna pattern must conform to the regulations of Attachment 7.


Article 12


The maximum bandwidth used by a fixed microwave station shall be chosen by the competent authority, with the authorization of the competent authority, as is appropriate for the nature of the applicant business outlined in the construction application.


Article 13


The operation of mobile microwave station shall conform to the following regulations:
1. Frequency range:
i. 2.45 GHz to 2.50 GHz.
ii. 13.15 GHz to 13.20 GHz.
iii. 23.60 GHz to 23.80 GHz.
2. Compression technology, encryption or other transmission technology must be utilized with signal conveyed by microwave link.
3. The transmission bandwidth used by a mobile microwave station shall be chosen by the competent authority, with the authorization of the competent authority, as is appropriate for the nature of the applicant business outlined in the construction application.
4. Transmitter power shall not exceed five watts, the transmission antenna shall use a directional antenna and the antenna pattern must conform to the regulations of Attachment 7. However, portable on-site microwave broadcast relay stations with transmission power below 0.25 watts are not subject to these restrictions.
5. The efficient radiation power of the transmission antenna shall not exceed 45 decibel watts (dBW).
6. Signal reception and transmission devices shall have the capability to adjust the frequency used.


Article 14


When several radio or television broadcasters use mobile microwave station at one location, they shall themselves coordinate the frequencies used to avoid reciprocal interference.


Article 15


Microwave stations shall have in place one engineering manager with one of the following qualifications:
1. Senior-grade examination or equivalent special examinations pass or above in electric engineering, electronic engineering, information engineering, telecommunications engineering, electric power engineering, control engineering or related engineering subjects, with minimum three years' experience in administrative or military institutions or in a public or private enterprise in a technical position related to electric engineering, electronic engineering, information engineering, telecommunications engineering, electric power engineering, control engineering, broadcasting or television engineering.
2. Graduate of national or registered domestic technical (or higher level) college or overseas technical (or higher level) college verified according to the Ministry of Education's "Overseas Study Verification Principles," studying electric engineering, electronic engineering, information engineering, telecommunications engineering, electric power engineering, control engineering or related engineering subjects with minimum four years' work or research experience in administrative, educational or military institutions, or in a public or private-owned enterprise in a technical position related to electric engineering, electronic engineering, information engineering, telecommunications engineering, electric power engineering, broadcasting or television engineering.
3. Junior-grade examination or equivalent special examinations pass or above in electric engineering, electronic engineering, information engineering, telecommunications engineering, electric power engineering, control engineering or related engineering subjects, with minimum six years' experience in administrative or military institutions or in a public or private-owned enterprise in a technical position related to electric engineering, electronic engineering, information engineering, telecommunications engineering, broadcasting, or television engineering.
4. Class B (or above) technician certificate in audio/video electronics or instrument electronics, with minimum four years' experience in a technical position related to electric engineering, electronic engineering, information engineering, telecommunications engineering, broadcasting, or television engineering.
5. Graduate of national or registered domestic senior industrial vocational high school or overseas senior industrial vocational high schools verified according to the Ministry of Education's "Overseas Study Verification Principles," studying electric engineering, electronic engineering, information engineering, telecommunications engineering, electric power engineering, control engineering or related engineering subjects, with minimum eight years' experience in administrative or military institutions or in a public or private-owned enterprise in a technical position related to electric engineering, electronic engineering, information engineering, telecommunications engineering, electric power engineering, control engineering, broadcasting, or television engineering.
6. Minimum 10 years' experience in administrative or military institutions or in a public or private-owned enterprise in a technical position related to electric engineering, electronic engineering, information engineering, telecommunications engineering, broadcasting, or television engineering.
7. Qualifications of at least 8 credits or 144 hours of study of engineering techniques courses in broadcasting or television at public or private colleges or universities that conduct adult education and cooperation program combining learning and working, with minimum five years' experience in practical technical post relating to broadcasting, television, electric engineering, electronic engineering, information engineering, or telecommunications engineering; or at least three months study of practical technical engineering courses in broadcasting or television at a vocational training institute approved or registered by the vocational training governing authority, with minimum five years' experience as broadcasting or television engineer.
8. Minimum three years' experience as broadcasting or television station engineer.
The times of service referred to in the aforementioned Items for technical positions related to electric engineering, electronic engineering, information engineering, telecommunications engineering, broadcasting and television in administrative and military institutions and public or private-owned enterprises may be counted cumulatively.


Article 16


Radio and television broadcasters shall submit a detailed list of the professional experience of microwave station engineering managers for review by the competent authority. The same shall apply when personnel changes occur.


Article 17


Radio and television broadcasters using a microwave frequency for satellite uplink shall abide by the regulations relating to satellite communications.


Article 18


The microwave frequencies, electric power, transmission methods etc. used by radio and television broadcasters according to these Rules shall be under the overall control of the competent authority. They may not be used or altered without permission.
When required by the needs of the overall development of telecommunications and information technology, the competent authority shall adjust frequencies already in use by radio or television broadcasters or request updated equipment. Broadcasters cannot refuse or request compensation.


Article 19


Microwave transmissions used by radio or television broadcasters under these Rules shall be transmitted solely for the broadcaster's own business. Transmissions shall not be connected to public communication systems or used for purposes other than those contemplated in their establishment.


Article 20


Violations of these Rules shall be subject to penalties specified in the Telecommunications Act and other relevant regulations.


Article 21


The technical standards, equipment specifications and principles of interference management for microwave stations where not regulated by these Rules shall be handled according to the Administrative Regulations on Radio Waves, international telecommunications pacts, international radio regulations etc. that relate to telecommunications.


Article 22


Applicants for approval to use a microwave frequency shall pay an investigation fee, inspection fee, licensing fee and usage fee for radio frequencies. The standard for the above fees shall be specified by the competent authority.


Article 22-1


Content, format and related applying procedures of the forms and licenses in this regulation should be made and announced by the competent authority unless regulated separately in this regulation.


Article 23


These Rules shall become effective on the day of their promulgation.