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論低功率射頻器材之管制革新
Thesis

論低功率射頻器材之管制革新

王辰丰
Masters, 國立清華大學, 科技法律研究所
2015

Abstract

低功率射頻器材 技術性貿易障礙 符合性評鑑程序 後市場管理 The Low Power Radio frequency equipment Technical barriers to trade Conformity assessment Post-marketing surveillance
The subject of this thesis is “The Regulatory Reform of The Low Power Radio Frequency Equipment” and the purpose of the study was to research whether the existing regulatory was necessary to be amended. With the realization of the concept of IOT (Internet of Things), there will be various kinds of radio frequency equipment in human life. At the present stage, there still exist the problems of interference. Our government still regulate radio frequency equipment with radio technology before it enters the market which is based on the order of electric waves, national security, etc. However, there are many scholars think some of low-risk products should be deregulated. According to the categories of equipment, the government legislates five regulations which is based on the concept of Telecommunications Act. Those regulations comply with technical regulations and the conformity assessment under the framework of the WTO TBT Agreement. It causes the non-tariff barriers to international trade. Member states of the WTO should comply with the GATT for non-discrimination and the related regulations under article 2 of the TBT agreement to implement the spirit of freedom and fair trade. In recent years, the dispute cases of the low power radio frequency equipment occurred often in Taiwan. How to revise the regulations and supervise the execution of them have given more attention to the world. Although there are many different regulations among nations, we can see that developed countries such as European Union, America, and Japan have revised their regulations to enhance international economic development and react the rapid evolution of technology. This article represents that our country should review the existing regulations and conformity assessment, establish a clear regulatory classification, after market surveillance system to protect free trade and avoid regulation failure.

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