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I. Application period:Applicants may submit applications at any time, except for re-assignment of
frequencies upon expiry of the frequency use period, which shall be submitted within one month starting three months prior to the expiry date.
II. Radio frequency range, usage, duration of use and other conditions and restrictions for application:
1. Frequency band for application:
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- Frequency bands specified in the Radio Frequency Supply Plan that are open to telecommunications enterprises for the installation and operation of geostationary or non-geostationary
fixed-satellite communications, including but not limited to the following bands:
- 3610 MHz to 4200 MHz
- 5091 MHz to 5250 MHz
- 5925 MHz to 6725 MHz
- 10,700 MHz to 13,250 MHz
- 13,750 MHz to 14,800 MHz (of which 14,500 MHz to 14,800 MHz is limited to geostationary fixed-satellite communications only)
- 17,300 MHz to 21,200 MHz
- 27,500 MHz to 31,000 MHz
- 37,500 MHz to 43,500 MHz
- 47,200 MHz to 50,200 MHz
- 50,400 MHz to 52,400 MHz (of which 51,400 MHz to 52,400 MHz is limited to geostationary fixed-satellite communications only)
- 71,000 MHz to 76,000 MHz
- 81,000 MHz to 86,000 MHz
- Frequency bands specified in the Radio Frequency Supply Plan that are open to telecommunications enterprises
for the installation and operation of geostationary or non-geostationary mobile-satellite communications, including but not limited to the following bands:
- 1518 MHz to 1559 MHz
- 1610 MHz to 1660.5 MHz
- 1668 MHz to 1675 MHz
- 2483.5 MHz to 2500 MHz
- 19,700 MHz to 21,200 MHz
- 29,500 MHz to 31,000 MHz
- 43,500 MHz to 47,000 MHz
2. Frequency usage:
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- For the installation and operation of fixed-satellite communications networks, including satellite earth stations on aircraft and ships in addition to fixed earth stations,
subject to the regulations of the International Telecommunication Union (ITU).
- For the installation and operation of mobile-satellite communications networks, subject to the regulations of the International Telecommunication Union (ITU).
3. Area of use of frequency: Nationwide.
4. Number of operators: Unlimited, provided that there is no interference to radio transmissions.
5. Term of frequency use:
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- For newly established satellite systems or existing satellite systems adding the frequency purposes listed in Subparagraph 2: the term shall be five years from the date of
issuance of the frequency use certificate.
- If the user applies, prior to expiry of the current term, for changes or additions to frequency or installation sites in existing satellite systems without adding new frequency purposes,
the term of use for the newly assigned frequency shall be the same as that of the originally assigned frequency.
- After the expiry of the frequency usage term, if the user still requires the use of the originally assigned frequency, a re-application for frequency assignment must be submitted. If
the Ministry of Digital Affairs (hereinafter referred to as "the Ministry") deems, upon review, that the use is efficient and free of major deficiencies, a frequency use certificate shall be issued with a validity period of five years starting from the day
following the expiration of the previous certificate.
- If there are amendments to the Table of Radio Frequency Allocations of the Republic of China or the Radio Frequency Supply Plan, such amendments shall prevail.
III.
Qualifications and restrictions for applicants and users:
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- Registered as a telecommunications enterprise under the Telecommunications Management Act.
- A company limited by shares shall be incorporated under the Company Act with its chairman being of ROC nationality; the total number of shares held directly by foreigners shall not exceed
49% and the total number of shares held directly and indirectly shall not surpass 60%; and investments by Chinese investors are prohibited.
- Paid-in capital: The minimum paid-in capital of the user is NT$300 million.
- The collaborating satellite organizations should meet the national security concerns of relevant authorities.
IV. The obligations of the user are as follows:
1. In using radio frequencies, the user shall adhere to the following principles:
- The user shall not interfere with existing geostationary satellites, microwave stations, or mobile base stations, and shall not claim protection from harmful interference caused by such
existing systems. During operation, any harmful interference shall be promptly eliminated, and the user shall reduce transmission power or suspend operation until the interference is resolved.
- Non-geostationary satellites shall not cause interference to geostationary satellites.
- Frequencies among non-geostationary satellite systems shall be harmoniously and effectively shared.
2. Users setting up a satellite communications network should follow the provisions of the Regulations for Application and Examination of Public Telecommunications Network Establishment.
3. To prevent interference and to ensure that the frequency usage requirements in subparagraph 2, bullet point 2 are not violated, the user network management system shall, as far as technically
feasible, have the function of monitoring the satellite earth station at the client's end and of shutting down the satellite earth station transmission at the client's end in real time.
4. Users shall be subject to the general obligations, special obligations and designated obligations (including consumer protection and communication surveillance obligations) of the telecommunications
enterprise pursuant to Articles 8 to 24 of the Telecommunications Management Act.
5. Users who set up a public telecommunications network, apply for examination and use frequencies should pay the relevant fees as stipulated in the sub-laws of the Telecommunications Management
Act, such as the Fee-charging Standards of Processing Telecommunications Management, the Standards for the Usage Fees of Radio Frequency and the Regulations Governing Universal Service of Telecommunications Enterprises .
6. Where the obligations in the subparagraphs under this bullet point can be fulfilled only with the assistance of a foreign satellite communications operator, the application form shall
be accompanied by a cooperation agreement with the foreign satellite communications operator, setting out the terms and conditions of each such obligation and the manner in which it is to be performed.
V. Fees payable:
1. The amount of the examination fee: As prescribed in Article 2 of the Fee-charging Standards for the Application of Radio Frequency Allocation Review by Telecommunications Enterprises.
2. Payment method: The examination fee shall be paid within 30 days from the date of issuance of the payment notice issued by the Ministry after submission of the application.
VI. The application procedures and allocation of radio frequencies for satellite communications are as follows:
- Application forms and related regulatory documents are available electronically on the website of the Ministry (go to "Core Business," "Resource Management," and "Commercial Satellite
Communications Frequency Application Section", or type https://gov.tw/yxn).
- How to apply: Applicants should submit all relevant documents to the Ministry at No. 143, Yanping South Road, Zhongzheng District, Taipei City, within the application period.
- Documents required for application:
- Application form, radio frequency use plan and relevant qualification certificates (see Appendix 1 to Appendix 5 for format), which should be submitted in accordance with Article 53
of the Telecommunications Management Act.
- The contract of rights to use the satellite system or the cooperation agreement with the foreign satellite organization, and the affidavit that the cooperating satellite organization
complies with relevant authorities’ national security concerns (see Appendix 6 for format).
- Satellite system registration data or commitment letter with the International Telecommunication Union.
- Agreement documents with existing mobile broadband operators in the 27.9 GHz to 29.5 GHz band with which the frequency applied for overlaps.
- Applicant's correction, rejected application and revocation or annulment of assignment:
- An application will not be accepted if the applicant is involved in any of the circumstances set out in Articles 7 and 8 of the Regulations Governing Application and Assignment of Radio
Frequency for Telecommunications Enterprises that preclude the applicant from making corrections.
- If the applicant has been notified by the Ministry to make corrections within the time limit and fails to do so or if the corrections are still incomplete, as described in Paragraph
1, Article 9 thereof, the applicant's application shall be rejected.
- The Ministry shall not assign radio frequencies should the applicant is found to be involved in any of the circumstances described in Article 10 thereof; and the assignment that has
been approved shall be withdrawn or revoked.
- The applicant shall not request a refund of the review fee, except in the cases listed in Article 16, Paragraph 2 thereof, and if the applicant has been refunded, the fee shall be recovered.
- Review procedure: Upon receipt of the application, the Ministry shall issue a payment notice for the examination fee to the applicant. The review process shall commence after the applicant
has paid the examination fee. The review shall be conducted in writing as a general principle; however, when necessary, the applicant may be requested to attend an interview at the Ministry or participate through other appropriate means. Upon approval, the
Ministry shall notify the applicant of the approval for radio frequency allocation.
- Applicants who have been notified by the Ministry of approval for radio frequency allocation shall acquire eligibility for frequency allocation from the date of receipt of the notification.
However, in the case of a newly established satellite system or an existing satellite system applying for additional frequency purposes, eligibility shall be granted only after the applicant has paid the performance bond to the Ministry in accordance with
Subparagraphs 1 and 2 of Point 7 within 60 days from the date of receipt of the notification.
- The qualification for radio frequency assignment in the preceding subparagraph shall cease to have effect two years after the date of acquisition.
VII. Performance bond and matters to be performed:
- Performance bond amount: NT$7.5 million.
- Manner of payment of performance bond:
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- The performance bond shall be posted in cash, local bank guarantee (in the format set out in Appendix 7), and negotiable certificates of deposit with the Ministry as pledgee, or non-denominated
government bonds.
- For performance bonds posted in cash, please remit by wire transfer to the Department of the Treasury, Central Bank (Code: 0000022), Account No. 24620102124017, Account Name: Ministry
of Digital Affairs.
- If the performance bond is posted with local bank guarantee, the guarantee period shall last two years and two months from the date of receipt of the letter of guarantee by the Ministry.
- Matters to be performed:
- The public telecommunications network shall be established within two years from the date of obtaining the frequency allocation qualification, and the public telecommunications network
approval certificate shall be acquired in accordance with the relevant regulations.
- If the establishment cannot be completed within two years, the applicant shall apply for an extension with justification within one month starting three months prior to the expiration
of the period. The extension may be granted for a maximum of one year and shall be limited to one time only. If the performance bond is provided by a domestic bank guarantee, the extension of the guarantee period shall be completed within the guarantee period
specified in Item 3 of the preceding subparagraph, and the extended guarantee period shall be the same as the applied extension period.
- In the event of the lapse of time, the performance bond will not be refunded by the Ministry or the Ministry shall notify the bank providing guarantee to honor its performance guarantee.
- An application may be filed for return of the performance bond without interest upon completion of the matters to be performed and after obtaining the public telecommunications network
approval certificate.
VIII. Additional notes:
- The procedures to be followed after the applicant has obtained eligibility for frequency allocation shall be handled in accordance with the Telecommunications Management Act and its
related sub-laws.
- The frequency bands listed under Subparagraph 1, Point 2 are reserved for possible future opening for mobile communications use in accordance with the Radio Frequency Supply Plan. Once
such use is opened, existing geostationary and non-geostationary satellites shall not cause interference to mobile communications and shall tolerate interference from mobile communications.
- If there is any uncertainty regarding the relevant laws, regulations, or the contents of this announcement, the applicant may request clarification in writing from the Ministry by mail
(143 Yanping South Road, Zhongzheng District, Taipei City) or by fax (02-23800799). Please indicate "Inquiry regarding application for radio frequency for satellite communications" on the correspondence.
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