Charge Standard of Utilization Fee of Radio Frequency

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0060081

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Article 1


This Charge Standard is promulgated according to Paragraph 2, Article 48 of Telecommunications Act.


Article 2


The utilization fee of radio frequency (hereinafter as “utilization fee”) shall be collected according to the usage of radio frequency in following paragraph:
1. Mobile Telecommunications: the utilization fee of mobile telecommunication frequency of radio telecommunication between base station and mobile station or between mobile stations shall be collected according to the methods in appendix 1 and annex1.
2. Dedicated radio telecommunications: the utilization fee of dedicated radio telecommunication frequency of radio telecommunication between base station and mobile station or between mobile stations shall be collected according to the methods in appendix 2 and annex 2.
3. Fixed Telecommunications: the utilization fee of radio telecommunication frequency between fixed locations of point-to-point or point-to-multipoint communications shall be collected according to the methods in appendix 3 and annex 2.
4. Satellite Communications: the utilization fee of radio telecommunication frequency between satellite systems and earth stations shall be collected according to the methods in appendix 4 and annex 2.
5. Radio and television: the utilization fee of frequency of broadcasting audio, video and information with radio wave to provide the public listening in, watching by Radio and TV Broadcast Station shall be collected according to the methods in appendix 5 and annex 1.

Appendix 1 CALCULATION STANDARDS TABLE OF MOBILE TELECOMMUNICATIONS FREQUENCY.doc


Appendix 2 CALCULATION STANDARDS TABLE OF DEDICATED MOBILE TELECOMMUNICATIONS FREQUENCY.doc


Appendix 3 CALCULATION STANDARDS TABLE OF FIXED TELECOMMUNICATIONS FREQUENCY.doc


Appendix 4 CALCULATION STANDARDS TABLE OF SATELLITE COMMUNICATIONS FREQUENCY.doc


Appendix 5 CALCULATION STANDARDS TABLE OF RADIO AND TELEVISION FREQUENCY.doc


Annex 1 Territory factor table.doc


Annex 2 Adjustment factor d.doc


Article 3


The charging term of the utilization fee shall initiate from January 1st to December 31 of each year, and the fee shall be collected once per year.
If any of the following situations occurs, the frequency user shall be charged accordingly, and the National Communications Commission (hereinafter as “NCC”) shall notices the user to pay in a limited time:
1. The utilization fee of newly approved business or the new application of approved business shall be calculated based on the number of days from the day after the date the license is issued until December 31 of the same year
2. The utilization fee of new established station or add the frequency to be utilized shall be calculated based on the number of days from the day after the date the license is issued or the frequency is approved until December 31st of the same year.
During the charging term, in cases of new radio station license is replaced due to relocation of an existing radio station for transmission, change of frequency and electric power, or replacing the transmitter, the utilization fee shall be calculated, before the replacement of license, according to the calculation standard of original utilization fee of radio station; after the replacement of license, according to the calculation standard of utilization fee after change.
After the utilization fee has been paid, in cases of termination of utilization by frequency user or abolishing the permit of utilization by NCC, the utilization fee calculated based on the number of days from the day which the utilization is terminated or the permit is abolished until December 31st of the same year shall be refund without interest by NCC
If the collection and refund method in Paragraph 2 and Paragraph 4 is regulated in other laws or regulations, the other laws or regulations shall prevail.


Article 4


Frequency user, within the period from July 1st to before July 31st of the same year , should pay the utilization fee annually in the form of cash, check issued by bank, treasury check, or bill of exchange, or wire transfer in the financial institution.
The aforementioned check, treasury check or bill of exchange should be made payable to the NATIONAL COMMUNICATIONS COMMISSION


Article 5


The utilization fee shall be collected except in the cases of the frequency utilized in any of the following usages:
1. Experiment(test) of school, education institute, factory, research institute, telecommunication enterprise, radio and television enterprise or other experiment(test) approved by NCC under a special project;
2. Navigation Aids, or meteorology radar;
3. Frequency band not dedicated along;
4. Rescue on maritime distress and on-land disaster; (detailed in annex 3)
5. Rescue carried by fire department and emergency medical care missions approved by Department of Health;
6. Satellite mobile earth station and mall satellite earth station;
7. Military dedication; and,
8. Other usage approved by NCC.

Annex 3 Frequency table of maritime and land distress communications.doc


Article 5-1


The party shall remit payment for the determined fees within a prescribed period unless other applicable laws allows for remittance to be made in installments, as stipulated in Article 16 of the Charges and Fee Act.
The determined amount aforementioned is as follows:
1. Mobile Communications business (2G): NT$200,000,000;
2. Third Generation Mobile Communications business (3G): NT$50,000,000;
3. Mobile Broadband Businesses (4G): NT$200,000,000;
4. Wireless Broadband Access Services(WBA): NT$20,000,000;
5. 1900MHz Digital Low-Tier Cordless Telephone Business(LT):NT$ 10,000,000; and;
6. Other business: NT$1,000,000.


Article 6


This standard is in effectiveness on the promulgation date.
The revised Annex 1, which were implemented on December 25, 2010, were amended on January 11, 2011.