May 2023
Luke Hung and Albert Yen
To accommodate the revision of the Radio Frequency Supply Plan of the Executive Yuan, the active deployment of satellite communications networks by global satellite system operators, and the diverse development of carriers applying satellite communications technologies, the National Communications Commission issued the Tong-Chuan-Ji-Chu-Zi No. 11265002000 Directive of March 22, 2023 to amend the Administrative Regulations on the Establishment and Operation of Satellite Earth Stations (hereinafter, the “Regulations”), which were formulated with the authority granted under the Telecommunications Management Act, to ensure that the regulations and compliance requiremments regarding the construction and supervision of satellite earth stations keep pace with the times.
The focus of these amendments is to include “satellite earth stations with antenna diameters of less than three meters” under regulation for the sake of regulatory consistency:
1. Pursuant to the original provisions, if the antenna diameter is less than three meters, the installer applying to deploy a satellite earth station for users may be exempt from a frequency assignment application, certificate of installation approval, station inspection, and a station license, and only need to register pursuant to the Regulations. However, the National Communications Commission considers that since public telecommunications network installers have already adopted satellite earth stations with antenna diameters less than three meters as the main control stations or gateways of a satellite communications network, it is still necessary to cover them in the inspection mechanisms for the sake of regulatory consistency. After the Regulations are amended, those with antenna diameters of less than three meters are still subject to low-level administration and are exempted from a certificate of installation approval and a station license, but a proof showing that “their controlled telecommunications radio frequency device has obtained a type approval” shall be submitted for registration application. (Article 3 of the Regulations)
2. Pursuant to the original provision, satellite earth stations may be remotely controlled under certain circumstances, but those with antennas less than three meters in diameter are explicitly excluded from the scope of application. Based on the same considerations as Point 1 above, these amendments will cover those with antennas less than three meters in diameter. (Article 11 of the Regulations)
3. For registered satellite earth stations with antenna diameters less than three meters that are not for users, the installer shall apply to the competent authority for a station license within three months from the date of release of these amendments to the Regulations. For a satellite earth station for which a station license was previously obtained pursuant to the Telecommunications Law, the installer shall apply to the competent authority for a station license replacement within one month from three months before the expiration of the term of the station license, except for those with antenna diameter less than three meters that are provided for users. (Article 16 of the Regulations)
4. In addition, these amendments also specify that the controlled telecommunications radio frequency devices of satellite earth stations shall be handled in accordance with the relevant provisions of the Administrative Regulations on Manufacturing, Import, and Report of the Controlled Telecommunications Radio-Frequency Devices. (Article 13 of the Regulations)
It is also worth mentioning that, shortly after these amendments, the National Communications Commission released on March 24, 2023 the Technical Specifications for Satellite Earth Station Equipment (Draft), which contain the test conditions and qualification standards for various aspects such as frequency tolerance, effective isotropic radiated power (EIRP), electromagnetic compatibility (EMC), and serve as the basis for manufacturers, importers or distributors of satellite earth station equipment in their application for a type approval.
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