Administrative Rules on the Establishment of Earth Stations by Satellite Broadcasters

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=P0050015

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Chapter 1: General Provisions

Article 1

These Rules are enacted in accordance with the provisions of Paragraph13, Article 2 of the Satellite Broadcasting Law.

Article 2

The terms as used herein shall be defined as follows:
1. "Broadcasting TV Earth Station" (hereafter referred to as earth station) means the telecommunications facilities used to receive, process and transmit broadcasting television program signals between earth and satellites.
2. "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.
3. "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.
4. "Encryption" means the signal processing technology used by satellite broadcasting television businesses to broadcast the video images and sounds of a designated frequency channel in the way that reception of the broadcast in the normal manner is not possible, and a special decoding process is needed for reception.
5. "Up-Link" means the wireless link comprising transmission from an earth station to a satellite.
6. "Down-Link" means the wireless link comprising transmission from a satellite to an earth station.
7. "Engineering Manager" means an individual in charge of matters related 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

Satellite broadcasting businesses shall apply to the competent authority for approval to install an earth station by enclosing a copy of the satellite broadcasting business license issued by the competent authority.

Article 5

When installing an earth station, satellite broadcasting businesses shall apply to the competent authority for a permit to set up an earth station (hereafter referred to as the set-up permit, an operation flow of the application as Attachment 1):
1. A copy of written approval from the competent authority to set up an earth station
2. An application form (as shown in Attachment 2) for the set-up of an earth station
3. Specifications of facilities
4. Information table of microwave frequency interference analysis and coordination (Attachment 3), and assessment data of interference analysis
5. An original certificate from a practicing architect certifying structural safety of a building where an earth station antenna with diameter over three meters is erected on its rooftop, and a copy of related licenses as required for certain height or area of antenna according to related building regulations.
6. Curricula vitae of earth station engineering managers (Attachment 4).
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 company earth satellite and applicant, established location, name of machine parts, antenna information and validity term.

Article 6

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 1):
1. Certificate approved by the satellite organization.
2. A report of self review for satellite broadcasting earth station (as Attachment 5)
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 7

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.
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 6)
2. Copies of relevant business operation license issued by the competent authority.
3. Copies of contracts or certificates of right to use satellite transponder.

Article 8

The set-up permit shall be valid for one year. Those who are unable to complete the set-up within the period of validity 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 prior to expiry of the license, the "Earth Station Inspection Record" (Attachment 7) 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 should 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

If a satellite broadcasting business increases or changes the transmitters, antenna or location of its earth station, it shall apply to the competent authority for approval by enclosing an earth station set-up application form and related documents.
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 11

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

Chapter 3: Usage restrictions and safety regulations

Article 12

A satellite broadcasting business shall transmit broadcast program signals solely for its own business use or for public reception. The transmission signals shall not be connected to public communication systems or used for purposes other than those contemplated in their establishment.

Article 13

The encryption method designated in accordance with the Article 18 of the Satellite Broadcasting Law shall be secure.

Article 14

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

Article 15

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

Chapter 4: Regulation

Article 16

Application shall be made to the competent authority for the allocation of the frequency used by satellite program broadcast signals; unless a special permission has been granted to use another band, frequency shall be allocated within the following bands:
1. Down-link frequency:
(1) 11.70 GHz to 12.20 GHz.
(2) 12.50 GHz to 12.75 GHz .
2. Up-link frequency:
(1) 14.00 GHz to 14.50 GHz .
(2) 17.30 GHz to 17.80 GHz
Satellite relay program operators shall use the following frequencies:
1. Down-link frequencies
(1) 3.4 GHz to 4.2 GHz (secondary services)
(2) 11.45 GHz to 12.20 GHz (secondary services)
(3) 12.2 GHz to 12.75 GHz (primary services)
(4) 18.6 GHz to 18.8 GHz (primary services)
(5) 19.7 GHz to 21.2 GHz (primary services)
2. Up-link frequencies:
(1) 5.850 GHz to 6.725 GHz (secondary services)
(2) 14.0 GHz to 14.5 GHz (primary services)
(3) 17.3 GHz to 17.8 GHz (primary services)
(4) 27.5 GHz to 30.0 GHz (primary services)

Article 17

The facilities of an earth station shall be maintained in accordance with the Technical Specifications for Inspection of Satellite Broadcasting Earth Stations. The competent authority may inform those in violation of the specifications to rectify within a deadline.

Article 18

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 Administrative Regulations on Telecommunications Control RF Equipment.

Article 19

Earth station operators shall prepare a daily engineering record. The record shall specify the following matters and shall be stamped by the earth station engineering manager:
1. Names of workers on duty and times.
2. Frequency output power of transmitter.
3. Record of equipment breakdown, maintenance and repair.
4. Other engineering-related matters. The aforementioned daily engineering record shall be held for one year.

Article 20

Satellite broadcasting businesses shall select superior telecommunications engineers or individuals who have minimum experiences of five years as engineers of broadcasting technology to serve as engineering managers. The curricula vitae (Attachment 4) of the above engineers or individuals should be submitted to the competent authority for examination. The above specification shall apply when changes of related personnel occur.

Article 21

The competent authority may from time to time monitor the carrier frequency and transmission power used by satellite broadcast businesses. The competent authority must order the satellite broadcast businesses that breach regulations or whose facilities' malfunction effects or interferes with other communications to rectify the situation within a limited time period. If the rectification is not made before the deadline, the above use of frequency and transmission power shall be forbidden.

Article 22

When necessary, the competent authority shall dispatch officials to the earth stations with proof of identification to verify and inspect the earth station, the use of related facilities, and the encryption method of the designated frequency channel.

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.

Chapter 5: Supplementary provisions

Article 24

Violations of these Rules shall be subject to penalties specified in the Satellite Broadcasting Law.

Article 25

Matters not provided for herein shall be handled according to other laws and decrees or by reference to regulations in international telecommunications pacts, international radio regulations etc. that relate to telecommunications.

Article 26

Satellite broadcast businesses applying to set up an earth station shall pay an investigation fee, inspection fee, licensing fee and usage fee for radio frequency. 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.