Regulations for Administration of Base Stations of Mobile Communications Network Businesses

Chapter 1 General Provisions
Article 1 　 These Regulations are promulgated pursuant to Paragraph 3, Article 46 of the Telecommunications Act (hereinafter referred to as the “Act”).
Article 2 　 The National Communications Commission (NCC) is the competent authority of the Regulations.
Article 3 　 The terms in the Regulations are defined as follows:
1. Mobile communications: communications that use radio terminal equipment via the mobile communications network.
2. Mobile communications system: the communications system composed of equipment such as mobile communications switches, mobile stations, base stations, network and accounting administration equipment.
3. Mobile communications network: the communications network composed of the mobile communications system and telecommunications machines and lines.
4. Mobile communications network business: the business announced by the Executive Yuan in accordance with Paragraph 6, Article 12 of the Act.
5. Mobile station: the radio terminal equipment used for the mobile communications network businesses.
6. Base station: the equipment established on the land with radio communications links used to communicate among mobile stations or between mobile stations and non-mobile communications business users.
7. Winning bidder: shall be recognized by the provisions of the regulations according to the mobile communications network business of Subparagraph 4.
8. Service provider: the entity which the NCC has granted the right to engage in the business.
9. Subscriber: a user who registers or enters a contract with a service provider to use the business provided by the service provider.
10. Outdoor base station (OBS): the antennas primarily for subscribers to access outdoors.
11. Indoor base station (IBS): the antennas primarily for subscribers to access indoors.
12. Micro cell base station: refers to a base station with maximum RF output power from its transmitter within the 1.26 Watt to 7.94 Watt range.
13. Important public construction: refers to high speed rail, railway, mass rapid transit, freeways, highways, airports, harbors, tunnels, or other public constructions used by the public with a certain scale and with the verification of other authorities.
14. Effective isotropically radiated power (EIRP): the product of the net RF power of every carrier wave from an emitter transferred to the antenna and the antenna gain.
15. Co-site: base stations established at the same site by service providers.
16. Co-construction: an installed base station sharing either the antenna, the baseband unit, the radio unit, or the pole with the provider of the same or different mobile service.
Chapter 2 Base station establishment
Article 4 　 A winning bidder or a service provider shall not install any base station without an installation permit and shall not utilize it without a radio station license before examinations to be qualified. However, the winning bidder or the service provider can install a base station before acquiring the installation permit exclusively for the purpose of coordinating with the establishment of Important Public Construction after submitting the consent documents issued by the authorities of the Important Public Construction or Buildings to the NCC and obtain the special case approval from the NCC.
The winning bidder or the service provider may divert their own approved experimental mobile businesses network base stations, or approved experimental base stations transferred from other experimental mobile network administrators as a part of their own network system. The diverted facilities on the same site may not be demolished.
Once the winning bidder or the service provider has been approved to divert its own base stations, or those transferred from other mobile business service providers as part of its own network, a copy of the approval letter issued by the NCC, as well as the affidavit for the installation of the base station referred to in Subparagraph 2, Paragraph 1 of Article 5, shall be submitted. The diversion shall accord with the following procedures:
1. For the diversion of a base station with an installation permit prior to obtaining a radio station license, the installation permit should be submitted to be changed, and the valid period of the installation permit shall be renewed.
2. For the diversion of a base station with radio station license, the radio station license shall be submitted to be changed; the station shall be exempt from examination, and the valid period of radio station license will be renewed.
Article 5 　 The winning bidder or the service provider shall submit the following documents to the NCC to apply for the base station installation permits:
1. The application forms of the radio station installation and relevant information of specification.
2. Affidavit for the radio station installation of the mobile business.
According to the proviso of Paragraph 1, Article 4, through the approval by the NCC, the winning bidder or the service provider shall submit the documents in the Paragraph 1 of this Article as well as the copy of the certificates approved by the NCC.
The winning bidder or the service provider applying for a new OBS installation permit shall submit the list and the plan and elevation view of the base station installation to notice the local government of the site.
If the winning bidder or the service provider failed to follow in the requirements of the affidavit, the NCC can revoke the installation permit. If there is any change or alternation to the affidavit, the winning bidder or the service provider shall submit another affidavit and report to the NCC for reference.
If the winning bidder or the service provider applies for the base station installation, the NCC shall issue the installation permit after a qualified examination. However, the NCC can survey the sites as needed and the winning bidders and service providers cannot reject the survey.
When the base stations installation involves structural safety and rights of using the buildings or location of the base stations, the winning bidder or the service provider shall comply with the relevant regulations of construction management and acquire related approval from the competent authorities.
Article 6 　 The valid period of the base station installation permit is one year. If the winning bidders or service operators cannot complete the installation in the time limit, an explanation shall be submitted to the NCC for the application for extension within one month during the last two months before the deadline. The extension cannot exceed six months and can be applied for once only.
During the installation of the base station, the base station shall not emit radio waves unless the winning bidder or the service provider applies to the NCC for a short-term test or that the NCC undergoes the on-site technical inspection. The duration of the short-term test cannot exceed five days.
Article 7 　 After the OBS or IBS installation is completed, the winning bidders or service providers shall submit the following documents to the NCC to apply for the OBS or IBS inspection, and the NCC shall issue the radio station licenses after a qualified inspection:
1. The application forms for radio station licenses.
2. Self-assessment report of the base station inspection.
3. For a micro cell base station, gathered by the same brand and type, an additional list of the quantity and location of the base stations shall be submitted with the aforementioned documents.
For each mobile business, the sampling standard for the inspection of base stations shall be separated by their maximum RF output power from the transmitter as follows:
1. For base stations with more than 7.94 Watts: the sampling rate shall adhere to the attached Table 1.
2. For micro cell base stations (1.26 ~ 7.94 Watts): the sampling rate shall adhere to attached Table 2.
When the municipal government, the city or county government, or another competent authority affirms the winning bidder or the service provider cannot install the base station in conformity with a law and inform the NCC by mail, the NCC can revoke the installation permits or rescind the radio station licenses.
Attachment 1：Inspection Sampling Table I.doc
Attachment 2：Inspection Sampling Table Ⅱ.doc

Article 8 　 For base stations with maximum RF output power from its transmitter exceeding 7.94 Watts, the valid period of a radio station license is five years. The application for renewing a license shall be submitted within a month during the last two months before its expiration. The valid period of the renewed license shall start from the day when the old license expires.
When the renewal of the license mentioned in the preceding paragraph is dealt with, a technical inspection shall be conducted according to the NCC's discretion. The NCC shall issue the renewed license after the inspection has been passed.
Except in the case of an amendment to written data, the license of a micro cell base station shall not expire and shall not require renewal.
Once the substantial (not namely) type of equipment or the wave-radiating location of the micro cell base station aforementioned in the preceding paragraph has changed, the bidder or service provider shall apply to cancel the altered micro cell base station in the list within one month after the day on which the changes occurred.
Once the listed micro cell base stations aforementioned in the preceding paragraph have been cancelled, the base station license shall cease to be valid.
To re-install the altered micro cell base stations aforementioned in the fourth paragraph, an installation permit is required prior to applying for the inspection after completing installation. If examination has deemed it qualified, the base station shall be included in the list of a new base station license.
Article 9 (deleted)
Article 10 　 A winning bidder or service provider, without changing the address of a base station and the technical standards it adheres to provide mobile communication service, shall file a report to the NCC prior to the change of the following recordings; if a radio station license has been issued, then the change shall be completed within one month and a renewal charter of the radio station shall be applied to the NCC.
1. Changing the address of antenna.
2. Changing the base station equipment model without changing the brand.
3. Changing the number of radio frequency unit.
A winning bidder or service provider, without changing the address of a base station, shall file a report to the NCC prior to the change of the equipment brands. The NCC shall issue the installation permit after qualified examination according to the provisions of Article 6, and issue the radio station license after qualified inspection according to the provisions of Article 8.
A winning bidder or service provider shall file the certificate to the NCC prior to the renewal of the radio license while the local governments rearrange house numbers to change the address of a base station or an antenna.
Article 11 (deleted)　
Article 12 　 Any lost or damage of installation permit or the radio station license shall be reported to the NCC with an explanation for replacement. In case the stated items have changed, they shall be reported to the NCC for renewal.
The installation permit or the radio station license renewed pursuant to the requirements stipulated in Paragraph 1, the valid period remains the same with the original one.
An installation permit or a radio station license may not be leased, lent transferred, or assigned to a third party unless stipulated by law.
Chapter 3 Engineering Technology standards
Article 13 　 The antenna of an OBS may not violate the regulations concerning building and obstacle height restriction in the perimeters of airports, airfields, navigation aids and related facilities promulgated by the Ministry of Interior, the Ministry of National Defense, and the Ministry of Transportation and Communications.
The height of an antenna structure exceeding 60 meters above ground shall be painted with aviation color marks and equipped with marker beacons, and shall maintain a safety clearance from high voltage lines for public safety.
Article 14 　 The height and direction of an OBS antenna shall be limited according to the maximum RF output power from its transmitter; it shall be ensured that no legitimate buildings higher than the antenna within the following distances from the front direction of the antenna:
1. For those base stations transmitting more than 7.94 Watts: 15 meters.
2. For micro cell base stations (1.26 ~ 7.94 Watts): 8 meters.
Article 15 　 The radio frequency equipment of a base station provided by a winning bidder or service provider shall require a model certificate from the NCC prior to installation application.
Article 16 　 The NCC may conduct scheduled or non-scheduled inspection of base station equipment of a winning bidder or service provider.
Article 17 　 The winning bidder or the service provider shall at least complete the co-antenna base stations and reach the following percentages of the total amount of constructed base stations from the starting date:
1. 5% of the total amount of base stations constructed within 1 year.
2. 10% of the total amount of base stations constructed within 2 years.
3. 12% of the total amount of base stations constructed within 3 years.
4. 14% of the total amount of base stations constructed within 4 years.
5. 16% of the total amount of base stations constructed within 5 years.
6. 18% of the total amount of base stations constructed within 6 years.
7. 20% of the total amount of base stations constructed within 7 years.
The base stations utilized in the Mobile Telecommunications business are not applicable to the requirements stipulated in Subparagraph 3 to 7 of Paragraph 1.
In case the Third Generation Mobile Telecommunications business is the sole business of the provider, the utilized base stations are not applicable to the requirements stipulated in Subparagraph 5 to 7 of Paragraph 1.
If the base stations can not be built in co-antenna with other business provider due to antenna problems, the service provider shall have the proportion of their co-site base stations over the total amount of constructed base stations reach the percentage of 10% within 1 year, 20% within 2 years, from the date acquiring the business license.
The winning bidder or the service provider shall install a base station by co-antenna or co-site way when it is installed on a public building or land of a governmental agency or organization.
A base station with maximum RF output power from its transmitter not exceeding 7.94 Watts can be optionally excluded from the calculation of co-antenna ratios.
The days to start calculating co-antenna ratios in Paragraph 1 are as follows:
1. The day for the Mobile Communications business is January 1, 2003, but only for the new installed base stations.
2. The day for the Third Generation Mobile Communications business is January 1, 2007.
3. The day for the Mobile Broadband Business:
(1) For licenses issued in 2013: Jan 1st, 2016.
(2) For licenses issued in 2015: Jan 1st, 2018.
(3) For licenses issued in 2017: Jan 1st, 2020.
Chapter 4 Frequency, radio power and other radio wave regulations
Article 18 　 In order to prevent from or improve all types of overlaying and adjacent frequency interferences, the winning bidder or the service provider shall be responsible for making arrangement of base station locations and channels through negotiation among themselves or adopt other effective technologies until such interferences are improved. Unsuccessful negotiation result shall be reported to the NCC.
If the radio frequency used by the winning bidder or the service provider is interfered by the radio frequency used by other legitimate, existing radio stations of other business, the winning bidder or the service provider is responsible for making arrangement with such radio station through negotiation. Unsuccessful negotiation result shall be reported to the NCC.
If the base station in construction interferes with the band used by other legitimate, existing radio stations of other business, the winning bidder or the service provider shall adopt effective technologies to avoid the interference; if necessary, the base station shall cease to operate temporarily until improvement is made.
Article 19 　 The established mobile communications base station shall adhere to the following standards for radiated powers:
1. Maximum EIRP: 57 dBm.
2. Maximum power density of electromagnetic wave for the utilized band B MHz:
(1) B < 400: 0.2 mW/cm2;
(2) 400 ≦ B ≦ 2000: B*0.0005 mW/cm²;
(3) B > 2000: 1.0 mW/cm2.
Any violation of the preceding paragraph of the Article shall be corrected in a deadline notified by the NCC.
Chapter 5 Annex
Article 20 　 A winning bidder or service provider shall follow the order of the NCC and form a mobile communications construction negotiation team to negotiate issues pertaining to co-antenna, co-site, or reserved antenna ports.
Article 21 　 The Operators shall beware of the arrangement of antennas while using co-site or co-antenna, and harmonize the look of them.
A lightning rod for antennas should be used in common.
The base station grid with protection for auxiliary antennas shall be deemed as a telecommunications facility accessory of the base station.
Article 22 　 The Operators shall pay examination fees and license fees for base station establishment according to the application process and the tariff standards set by the NCC.
Article 23 　 The NCC shall provide and announce the relevant forms, licenses and the items and format that should be put into, except the Regulations has other provisions.
Article 24 　 The Regulations shall come into effect as of the date of promulgation.