Administrative Rules on Radio and Television Broadcasters’ establishment of Earth Stations

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0060031

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Chapter 1: General Provisions

Article 1

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

Article 2

The terms as used herein shall be defined as follows:
1. “Radio and Television Broadcaster” means an operator obtaining an approval from the Government Information Office of the competent authority according to the regulations relating to radio and television broadcasting to operate or produce television broadcasting services.
2. “Relay” means a device that receives, amplifies, converts and transmits radio telecommunications signals.
3. “Satellite Organizations” means the domestic or international organizations approved by related international satellite organizations or institutes to possess satellites either in orbit or imminently to be launched into orbit and to operate satellite systems.
4. “Satellite Transponder (hereinafter referred to as transponder)” means a communications relay device placed on a satellite. Its function includes receiving uplink signals from earth stations, amplifying and converting them into downlink signals, then re-amplifying the signals before transmitting them to earth.
5. “Earth Station” means a facility that receives, processes and transmits the signals of broadcast television programs between earth and satellites.
6. “Up-link” means the wireless link formed by transmission from an earth station to a satellite.
7. “Down-link” means the wireless link formed by transmission from a satellite to an earth station.
8. “Primary Services” means the services that use the radio spectra allocated by the competent authority, and have the right not to suffer any interference from other radio spectra used by other services.
9. “Secondary Services” means the services that use the radio spectra allocated by the competent authority that shall not interfere with primary services. The secondary services must further accept radio spectrum interference from the primary services.
10. “Encryption” means the technology to encode a program signal so that those that have not installed an authorized decoder cannot receive the signal.
11. “Compression Technology” means the technology that converts and processes signals to reduce the quantity of data needed so that the bandwidth required to transmit the signals is narrowed.
12. “Engineering Manager” means an individual in charge of matters relating to engineering techniques at the earth station and responsible for and in supervision of construction, maintenance and operation of earth station facilities.

Article 3

The competent authority of these rules is the National Communications Commission.

Chapter 2: Applications, Permits and Licenses

Article 4

Radio and television broadcasters are limited to using transponders approved by the competent authority for relaying program signals; those who don’t apply frequency allotment shall authorize satellite communication service operators to relay program signals.

Article 5

Radio and television broadcasters shall apply to the competent authority for approval to use a transponder by enclosing the following documents with the process given in Attachment 1:
1. Record of satellite transponder data (as Attachment 2)
2. Copies of relevant business operation license issued by the Government Information Office of the competent authority.
3. Copies of contracts or certificates of right to use satellite transponder.

Article 6

When installing an earth station, radio and television broadcasters shall apply to the competent authority for a permit to set up an earth station (hereafter referred to as the set-up permit) by enclosing the following documents with a copy of written approval from the competent authority to use a transponder; the procedure is outlined in Attachment 3:
1. An application form (as Attachment 4) for the set-up of an earth station
2. A copy of Letter for frequency usage approved by the preceding paragraph
3. Specifications of facilities
4. Information table of microwave frequency interference analysis and coordination (as Attachment 5), and assessment data of interference analysis.
5. An original certificate from a legally registered practicing architect or specialized technician certifying structural safety of a building where an earth station antenna with diameter over three meters is erected on its rooftop.
6. Curricula vitae of earth station engineering managers (Attachment 6).
Building of earth station shall begin only after the aforementioned application has been approved and a set-up permit has been obtained. Construction of earth stations that require licenses according to building regulations due to the height or area of antenna shall begin only after the relevant licenses are obtained.
The items that a permit for the set-up in the paragraph 1 shall record are name and address of broadcasting television operator and earth satellite, applicant’s name, established location, name of machine parts, antenna information and validity term.

Article 7

Applicants shall set up earth station according to regulations and shall comply with transmission specifications set by satellite organization. Applicants should have the formal approval from the satellite organization and request the competent authority officials to carry out compliance checks. Use of the facility shall begin only after an earth station license has been obtained (an operation flow as Attachment 3):
1. Certificate approved by the satellite organization.
2. A report of self review for satellite broadcasting earth station (as Attachment 7)
The items that a license of earth station in the preceding paragraph shall record are name of earth station, name of broadcasting television station for person in charge of station, representative, name of engineering manager, established location, transmitter(including up-converter and high power amplifier), frequency information, model of antenna brand, communication manners, communication range, satellite name and validity term.

Article 8

The set-up permit shall be valid for one year. Those who are unable to complete the set-up within this period should apply to the competent authority for an extension one month before the expiry, explaining the reasons and attaching the original set-up permit. The extension period shall not exceed six months and the application of extension shall be granted only once.

Article 9

A license shall be valid for five years. One month before the license expires, the “Earth Station Self-Evaluation Record” (Attachment 8) shall be submitted to the competent authority along with an application for renewal of the license. A renewed license shall be valid for five years starting from the day after expiry of the original license.
When an application for license renewal is made according to the aforementioned regulation, the competent authority shall dispatch officials to inspect the installations of the applicant’s earth station. If the installation is substandard, the competent authority shall inform the applicant to improve within a deadline. The renewal of license shall not be granted if the improvement is not made within the deadline, or the improvement is made and inspected but is still below standard.

Article 10

When a radio or television broadcaster stops using an earth station for business, it should report to the competent authority and hand in the license for cancellation; the competent authority shall cancel outstanding license.
The competent authority shall be asked to handle the aforementioned radio spectrum equipment of the station according to relevant regulations.

Article 11

If radio or television broadcasters add to or alter the earth station, they should apply to the competent authority for a set-up permit following subsection 1, subsection 3 to subsection 6 of paragraph 1 in the regulations of Article 6.
When a radio or television broadcaster adds to or changes the radio spectrum equipment of the earth station, it should apply to the competent authority, enclosing earth station set-up application form and related documents, to ask for approval. When the installation of each station is completed and has passed the competent authority specification compliance checks, a new earth station license shall be issued.
When a radio or television broadcaster adds to or alters the station antenna, it should apply to the competent authority for a set-up permit, enclosing the documents listed in Article 6. When the installation of the earth station is completed and has passed the competent authority specification compliance checks, a new earth station license shall be issued.
Validity of the issued or reissued license referred to in the previous two Paragraphs shall be the same as that of the original license.

Article 12

The earth station set-up permits and licenses shall not be transferred or leased. If a license is lost or damaged, or if details on license are changed other than as specified in the previous Article, application for issuance or re-issuance of a license or a permit should be made to the competent authority enclosing relevant documentary evidence.
Validity of the aforementioned issued or reissued license or permit shall be the same as that of the original license or permit.

Chapter 3: Spectrum Usage

Article 13

Satellite relay program signals shall use the following frequencies:
1. Down-link frequencies
3.4 GHz to 4.2 GHz (secondary services)
11.45 GHz to 12.20 GHz (secondary services)
12.2 GHz to 12.75 GHz (primary services)
18.6 GHz to 18.8 GHz (primary services)
19.7 GHz to 21.2 GHz (primary services)
2. Up-link frequencies:
5.850 GHz to 6.725 GHz (secondary services)
14.0 GHz to 14.5 GHz (primary services)
17.3 GHz to 17.8 GHz (primary services)
27.5 GHz to 30.0 GHz (primary services)

Article 14

The up-link frequency used by mobile earth stations shall be limited to Ku band 14.0 to 14.5 GHz.

Chapter 4: Restrictions on usage and safety regulations

Article 15

The frequencies, electric power, transmission methods and other matters related to radio wave usage by radio and television broadcasters shall be under the overall control of the competent authority and their use or alteration shall not be allowed without approval.

Article 16

Radio or television broadcasters relaying broadcast program signals and utilizing compression, encryption or other techniques shall ensure the program signals are limited to use by their own business. Those signals shall not be received directly by the public or other broadcasters, and shall not be connected to public communication systems or for purposes other than those contemplated in its establishment.

Article 17

To maintain public safety, stability shall be ensured when the earth station antenna and related facilities are constructed and protective safety measures shall be implemented. The construction must comply with the “Technical Specifications for Inspection of Satellite Broadcasting Earth Stations” specified by the competent authority.

Article 18

The angle of elevation of an earth station’s transmission antenna must not be below five degrees so as to ensure public safety and to avoid interference with other communications.

Chapter 5: Management of engineering personnel

Article 19

Earth stations should have in place an 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 position 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 Paragraphs 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 20

Radio and television broadcasters shall submit a detailed list of the professional and educational experiences of microwave station engineering managers for review by the competent authority (Attachment 6). The same shall apply when personnel changes occur.

Chapter 6: Regulation

Article 21

The competent authority may monitor from time to time the carrier frequency and transmission power used by radio and television broadcasters. The competent authority may order operators that breach regulations or whose facilities malfunction effecting or interfering with other communications to rectify the situation within a limited time period. Those who do not do so before the deadline may be ordered to stop operations or an application shall be made to the competent authority for the license to be revoked.

Article 22

When necessary, the competent authority may dispatch officials to the earth station with proof of identification for inspection of the station and related facilities.

Article 23

The competent authority shall carry out assessment of radio and television broadcast technology to maintain order in use of radio waves, protect the rights and interests of consumers and promote the upgrading of radio and television broadcasting technology standards. The competent authority or civil bodies shall be commissioned to carry out the aforementioned engineering assessment. The principles of the assessment shall be specified by the competent authority.
The items of engineering assessment are engineering facilities, transmission quality, regulation services and comprehensive grade; operators who receive a license of fixed earth station issued by the competent authority shall participate in engineering assessment; stations that establish substations shall be participated in engineering assessment to draw out openly by the competent authority.
When carrying out engineering assessment, the competent authority shall request those assessed to propose the necessary documents and they should not reject.

Article 24

Violations of these Rules shall be subject to penalties specified in the Telecommunications Act.

Chapter 7: Supplementary provisions

Article 25

The technical standards, equipment specifications and principles of interference management of these Rules shall be based on the “Administrative Regulations on Radio Waves,” international telecommunications pacts, international radio regulations and other relevant telecommunications regulations.

Article 26

Applicants for approval to use a transponder or to establish an earth station shall pay an investigation fee, inspection fee, licensing fee and usage fee for radio frequencies. The standard for the above fees shall be set by the competent authority.

Article 27

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