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Title: Regulations for Administration on Type II Telecommunications Business CH
Amended Date: 2017-04-13
Category: National Communications Commission(國家通訊傳播委員會)
Chapter 1 General Principles
Article 1
These Regulations are established in accordance with Paragraph 2 of Article 17 of the Telecommunications Act (hereinafter referred to as "Act").
Article 2
The terms used in this Regulation shall be defined as follows:
1. “Operator” means the operator engaging in the Type II Telecommunications Business and being issued an operating license by the Competent Authority.
2. “Customer” means a person who has made a contract with an operator and uses the telecommunications service provided by the operator.
3. “Users” means a customer and other parties that use telecommunications service provided by the operators.
4. “Type II Telecommunications Special Business“ means Simple Voice Resale, E.164 Internet Telephony Service, Non-E.164 Internet Telephony Service, telecommunications services that provide international telecommunications to unspecific customers by leasing international circuit, or other services being announced by the Competent Authority.
5. “Voice Simple Resale Service” means the operator provides international, long distance voice service or traffic transfer service by leasing the circuit or the bandwidth from telecommunication operators to connect with the public switch telecommunication network.
6. “Internet Telephony Service” means the voice service received and transmitted through Internet provided by the operator.
7. ”E.164 Internet Telephony Service” means the Internet Telephony Service run by E.164 number allocated by the Competent Authority in accordance with ITU-T Recommendation.
8. ”Non-E.164 Internet Telephony Service” means the Internet Telephony Service which is provided without E.164 number.
9. “Type II Telecommunications General Business” means the Telecommunications Business other than the one stipulated in subparagraph 4.
10. “Intra-corporation Network Communication Service (or VPN)” means the service that an operator leases line circuits and sets up joint points to Type I Telecommunications Business in order to provide internal units, branch companies, branch institutions, reciprocal investment companies, and subordinate companies for intra-corporation communications.
11. “Wholesale Resale Service” means the service provided by an operator which does not lease any circuit or bandwidth from other telecommunication operators, but purchase or lease the telecommunication services from other telecommunication operators in a wholesale approach and resell it to customers or users in its own name.
12. “Public Pay Phone Resale Service” means a wholesale resale service provided by an operator to the public by purchasing or leasing the telecommunications service from telecommunications and customers may pay the service fee by cash, credit cards, or other prepaid card.
13. “Prepaid Telephone Card Resale Service” means a wholesale resale service provided by an operator to customer who is able to use the telecommunication service by dialing the domestic connecting numbers or pin numbers with a prepaid card or prepaid payment system.
14. “Mobile Network Business Operators” means Mobile Phone Business Operators, the 3rd Generation Mobile Phone Service Operators, Mobile Broadband Service Operators and Wireless Broadband Access Service Operators who are franchised and issued a license by the Competent Authority.
15. “Mobile Virtual Network Service” means Mobile Resale Service or Mobile Resale and Value-added Service that are run by Operators.
16. “Mobile Resale Service” means Telecommunications service that is provided to subscribers or users with communication service by Operator’s name after contracting to procure or lease service from Mobile Network Business Operators.
17. “Mobile Resale and Value-added Service” means Mobile Resale Service that Operators run and Value-added Service that operators establish essential network components to provide Value-added Service of mobile communication.
Those who run service in the preceding Subparagraph 17 and provide Value-added Service that includes those services established in the preceding Subparagraph 4 shall conduct pursuant to Special Business for Type II Telecommunications Service related to the Regulations.
Article 3
The Competent Authority of these Regulations is the National Communications Commission.
Chapter 2 Permission of Operation
Article 4
To operate a Type II Telecommunications Business, an applicant must submit an application together with its business plan and other related documents required to Competent Authority for approval. The operation may be commenced only upon the completion of the applicant’s registration of the company or business in accordance with other applicable laws, and upon issuance of the license by the Competent Authority.
The application mentioned in the preceding paragraph shall include the following subparagraphs :
1.The name and domicile of the applicant: if the applicant is a juridical person, the name of its representative and its principle office shall also be included; if the applicant is a sole investor, the name and address of investor or responsible person shall be included; if the applicant is a joint-venture; the name and address of the business partner(s) shall be included.
2. Operating Item;
3. Service Area;
4. Mode of Communications; and
5. Outline of telecommunications facilities.
A business plan mentioned in the Paragraph 1 of a Type II Telecommunications Business shall include the following subparagraphs:
1. Network or system structure chart; location of the telecommunications facilities site, outline of telecommunications facilities in every developed area provided in the proposal;
2. The expected operation date;
3. The operator that would like to cooperate with the domestic operators and provide the prepaid telephone card resale service or public pay phone resale service, shall submit the cooperation agreement and relevant documentation with the domestic operators;
4. Those who apply to run Mobile Virtual Network Service shall provide and attach the documents related to the agreements with Mobile Network Business Operators. The agreement documents shall specifically record the practical cooperative contents by two parties about how to fulfill the related regulations in Communication Protection and Surveillance Act and how to ensure the providing of services established by Paragraph 3 in Article 16-1.
5. The operator that should implement telecommunication surveillance system according to Communication Protection and Surveillance Act shall submit the construction plan of telecommunication surveillance system agreed upon by the authority in charge of telecommunication surveillance.
6. Other documents requested by the Competent Authority.
An operator providing E.164 Internet Telephony Service may provides Non-E.164 Internet Telephony Service, whose permit fee, network interconnection, provision of number portability service and emergency telephone services and the related obligations shall be pursuant to the rules of the E.164 Internet Telephony Service.
An operator shall obtain the license of E.164 Internet Telephony Service in Taiwan to provide the Internet Telephony Service whose E.164 number is allocated by foreign authorities.
To provide the aforementioned service in the preceding paragraph, an operator must submit the documents relating to provision of free emergency telephone service in Taiwan, i.e. 110 and 119, method of information verification for those customers whose E.164 numbers are allocated by foreign authorities and assistance of enforcing lawful interception in Taiwan to the Competent Authority for approval.
Article 5
With respect to the application for operating a Type II Telecommunications Business, if the submitted documentation is incomplete or if the information provided is insufficient, supplement and correction shall be made within the specified period stated in the notice of deficiency by the Competent Authority. If no supplement or correction is made by the applicant after such notice or if the application is still incomplete or the information is still insufficient as of the end of the specified period for supplement and correction, the application shall not be accepted or reviewed.
Article 6
With respect to the application for operating a Type II Telecommunications Business, the Competent Authority shall issue a letter evidencing its permission if the documentation provided by the applicant in accordance with Article 4 is consistent with the scope of business applied for by the applicant.
Article 7
With respect to the application for operating the Type II Telecommunications Special Business, the applicant shall complete the company or business registration as well as the construction of the network system within six months upon receipt of the certificate of approval, and after an applicant passes the inspection, the Competent Authority shall issue license (hereinafter “license”) and a system construction chart; however, the Competent Authority, when deemed necessary, may request the operator to resume to apply for inspection according to the amended Technical Guideline, its inspection items and effective dates announced by the Competent Authorities.
The applicant shall submit the following documentation to the Competent Authority for applying inspection mentioned in the preceding paragraph:
1. The application form of system inspection.
2. The copy of permission letter and system construction chart.
3. Certificate of the company or business registration.
4. The certificate of senior Telecommunications engineers.
5. Installation diagrams of every engineering work site and every floor.
6. The copies of the license, the construction permit or the registration certificate issued by the regulated agency if the telecommunication materials are stipulated as regulated materials.
7. The operator that should implement telecommunication surveillance system according to the Communication Protection and Surveillance Act shall submit the documents which prove the construction of telecommunication surveillance system or equipment as confirmed upon negotiations with the authority in charge of telecommunication surveillance.
8. The system inspection item list of the Type II Telecommunications Business and the self-evaluation report.
9. The prove documents and other relevant document of the telecommunication circuit and bandwidth leasing.
10. An operator that submits a proposal of information and communication security protection and detection facilities, in accordance with Paragraph 3 of Article 31-1, shall present a self-evaluation testing report concerning the aforementioned information and communication security protection and detection facilities, as well as documents on qualified information and communication security management.
The Competent Authority shall execute the inspection based on the items listed in the system inspection item list of the Type II Telecommunications Business and the self-evaluation report for the application mentioned in the preceding paragraph and proceed the application based on the following:
1. The applicant who passes the inspection shall be issued a license and system construction chart by the Competent Authority.
2. The applicant who fails in the inspection shall correct the mistake within the designated period. The applicant who fails to reapply for re-inspection after the designated period mentioned above or fails in the re-inspection shall not be issued a permit.
If the network system cannot be completed within the time limit specified in paragraph 1, the applicant may explain to the Competent Authority before the expiration of the period, and request an extension for an additional six months period; only one extension may be given. The certificate of approval shall be revoked if the deadline cannot be met.
Article 8
The applicant who wants to apply for Type II Telecommunications General Business shall complete the registration of company and business, and accomplish the construction of network system within six months after obtaining the construction permit, and then apply to the Competent Authority for issuing license with following documents:
1. A copy of permission letter.
2. Certificate of the company or business registration.
3. The operator that should implement telecommunication surveillance system according to the Communication Protection and Surveillance Act shall submit the documents which prove the construction of telecommunication surveillance system or equipment as confirmed upon negotiations with the authority in charge of telecommunication surveillance.
4. The system inspection item list of Type II Telecommunications Business and the self-evaluation report.
5. An operator that submits a proposal of information and communication security protection and detection facilities, in accordance with Paragraph 3 of Article 31-1, shall present a self-evaluation testing report concerning the aforementioned information and communication security protection and detection facilities, as well as documents on qualified information and communication security management.
6. Other related documents requested by the Competent Authority.
If an applicant of Type II Telecommunications General Business without having their own telecommunications network facilities, it may not submit the documents that set forth in the Subparagraph 3 and 4 of the preceding paragraph.
If the applicant fails to complete the telecommunications network system construction before the effective period under Paragraph 1, it shall state the reasons to the Competent Authority for an extension of six months before the expiration date. The extension can only be made once. The Competent Authority shall revoke the permission certificate after the expiration date.
When necessary, the Competent Authority shall conduct system examination of applicants that possess telecommunications equipment rooms.
Article 9
The connection transmission circuit using by Type II Telecommunications Business shall be leased from the Fixed Network Communications Business Operators or the Satellite Fixed Network Communications Business Operators. However, any of the following circumstance shall not be included:
1. The connection transmission circuit using by the operator's network system which between telecommunication work site and other telecommunications network system located in the same building that have been reported to the Competent Authority for records.
2. The connection transmission circuit between the operator and the user located in the same building that have been reported to the Competent Authority for records.
Article 10
With respect to the application for operating a Type II Telecommunications Business, the Competent Authority shall not issue a license if any false information is provided in the application or documentation submitted.
In the case that any of the preceding paragraph circumstances occurs after obtaining the operation license, the license shall be revoked.
Article 11
The operation license for Type II Telecommunications Business shall include the following items:
1. The name of operator, its principle office, and name of its representative;
2. Amount of the capital;
3. Category of business and operating items;
4. Service areas;
5. Duration of the validity of the license;
6. Date of issuance of the license; and
7. License number.
The license issued before November 15, 2005 is valid for ten years. Those who intend to continue the operation should apply for renewal of the permit within two months prior to the end of the term. Those who did not obtain the renewal, as of the expiration date of the original license, shall not continue to operate Type II Telecommunications Business.
The license, issued or renewed after November 15, 2005, is valid for 3 years. Those who intend to continue the operation should apply for renewal of the permit within 2 months prior to the end of the term. Those who did not obtain the renewal, as of the expiration date of the original license, shall not continue to operate Type II Telecommunications Business.
Article 12
The license shall not be subleased or assigned.
In case of loss or damage of the license, an application setting forth the reasons shall be made to the Competent Authority for a reissue. If the facts specified on the license have changed, an application for replacement of the license shall be made, of those who have not applied for a replacement, the Competent Authority, once verified, may notify the operator to apply for a replacement.
The validity period of the license re-issued or replaced in accordance with the preceding paragraph shall be the same as that of the original license.
Article 12-1
In the case where operator merges with an operator or a non-operator, the operator and cooperator shall submit merger business plan to the Competent Authority for permit in advance.
The aforementioned merger business plan shall include the following items:
1. The name of operator, and its principle office
2. Operation items and service areas
3. Record of shareholder meeting and contract
4. Protection of users’ right and benefit
5. Scheduled merger effective date
6. Other related documents requested by the Competent Authority
For applications approved based on the first stipulated paragraph, article 4-8 do not apply. However, for any change of network system, it shall pass the inspection executed by the Competent Authority.
In the case where operator still exists after merged with a non-operator, the first stipulated paragraph does not apply.
Article 12-2
After the merger referred to in the first paragraph of the preceding article is approved, the surviving operator shall complete the application of company or business registrations within 3 months, and request for license re-issuance from the Competent Authority.
The surviving operator referred to in the preceding paragraph shall comply with the approved user protection.
Article 13
In the case where there is a change or amendment to the category of business or operating items, an operator shall submit documents of the change related to Article 4 to the Competent Authority for approval in advance.
In the case where there is a change or amendment to the network construction framework of business plan, the operator shall report to the Competent Authority for records within one month after the system starts operating.
The operator that should implement telecommunication surveillance system according to the Communication Protection and Surveillance Act and intends to add or extend communication systems and modify bussiness plan’s system construction, shall apply it to the Competent Authority for approval by submitting the construction plan of telecommunication surveillance system and approval letter from the authority in charge of telecommunication surveillance, .The operator who has obtained the Competent Authority’s approval can implement the communication systems. After completing system implementation, the operator shall submit documentation mentioned in each Subparagraph of Paragraph 1, Article 7 to the Competent Authority for inspection. The procedure is not subject to the preceding Paragraph,.
In the case where there is a change of the cooperating Telecommunications Business operator, the operator that providing Mobile Virtual Network Service to the prepaid card or public pay phone service shall report to the Competent Authority with related documents for records within one month after alternation.
Chapter 3 Operation Administration
Section 1. General Provisions
Article 14
The operation of an operator shall not engage in any of the following acts:
1. To endanger the national security or offend against public security;
2. To offend against public order or virtuous customs;
Article 15
An operator shall prescribe the items and conditions for its services in the Code of Practice and report to the Competent Authority for records before the announcement of the implementation thereof. The Code of Practice shall be furnished respectively at its business locations and websites for consumers’ review. In the case of any changes relating thereto, the same rule shall apply.
The code of practice as referred to in the preceding paragraph shall stipulate fair and reasonable service terms and conditions, which shall include the following subparagraphs:
1. Operating items provided by the operator
2. Fee schedule of each operating item and conditions for adjustment of fees
3. Limitation and terms for the use of the users’ data
4. Compensation scheme for damages caused to the users as a result of revocation of the operator’s permit, or suspension or termination of its business
5. Handling procedure for damages caused to the users as a result of errors, delay, interruption, or lack of signals due to the malfunction of telecommunications circuits and equipment
6. Measures in response to the users’ complaints and matters in relation to the users’ rights and interests
7. The handling way of the established subscribers’ numbers and measures to protect the rights and interests of the established subscribers when Mobile Virtual Network Service Operators encounter the abolishment of permission, temporary suspension, business termination, or changing the cooperated Mobile Network Business Operators.
8. The comparison of Quality of Service, 110 and 119 emergency call services offered by E.164 Internet Telephony Service providers with those by Local Telephone Service providers.
9. An operator providing E.164 Internet Telephony Service shall clearly disclose the rights of the customers who use the E.164 number allocated by foreign authorities.
10. Other service terms and conditions stipulated by the Competent Authority.
The service contract made between the operator and the customer shall include all items stated in the preceding paragraphs, and may not violate telecommunication related rules and the code of practice. When in breach to result in harming the interests of subscriber, the Competent Authority may order the operator to improve within a prescribed deadline.
The service contracts made between customers and Mobile Virtual Network Service Operators or E.164 Internet Telephony Service Operators, shall report to the Competent Authority for records before the announcement of the implementation thereof , and the same also applies to all subsequent amendments.
Article 15-1
Operators of Type II Telecommunications Business shall present the following documents and submit an application for approval to the Competent Authority prior to providing other telecommunications business service:
1. Related documents such as the letter of intent or memorandum of their service types or equipment.
2. System structure diagram including the arrangement of the location of the machine room, electric circuits or bandwidth. Operators that do not possess internet equipment are exempt from providing the diagram.
Article 16
Operators who are issuing the prepaid telephone card shall comply and state following subparagraphs on their products or on the package of products:
1. The name of the operator.
2. Telephone number for user complaints.
3. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
4. Manner of usage, notice and other terms designated by the Competent Authority.
Article 16-1
Mobile Virtual Network Service Operators that provide service via a prepaid card or other prepaid expenditure shall comply and state the following subparagraphs on the package of products:
1. The name of the operator.
2. Telephone number for user complaints.
3. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
4. Manner of usage, notice and other terms designated by the Competent Authority.
Mobile Virtual Network Service Operators shall freely provide the users with 110 and 119 emergency call service.
In case of a disaster or the risk of a disaster, Mobile Virtual Network Service Operators shall give priority to transmitting emergency SMS specified by the regulating authorities for disaster prevention and protection and may request the service fee from the above regulating authorities.
Emergency SMS in the preceding paragraph refers to the information of a disaster notified to those subscribers within the disaster area or the area at risk of a disaster specified by the regulating authorities of disaster prevention and protection.
The Mobile Virtual Network Service Operator shall not be held liable for the SMS content and the results in the disaster area mentioned in Paragraph 3.
The Mobile Virtual Network Service Operator shall provide the service stipulated in Paragraph 3 before December 31 2012.
Mobile Virtual Network Service Operators shall provide the equivalent class of communication service, roaming service, number portability service and equal access service to cooperate with Mobile Network Business Operators at least.
Mobile Virtual Network Service Operators shall provide communication service with an appropriate manner to called ported subscribers since the day carries out number portability service for Type I Telecommunications Business Operators in accordance with Administrative Regulations on Number Portable Service.
When Mobile Virtual Network Service Operators provide number portability service in accordance with Paragraph 3 and Paragraph 4, they shall allow using Administrative Regulations on Number Portability Service.
Mobile Virtual Network Service Operators who provide services stipulated by Paragraph 3 may provide necessary subscriber’s information to Mobile Network Business Operators with whom the operators cooperate, and Telecommunications Business and centralized database administrators that are stipulated by Administrative Regulations on Number Portable Service.
Mobile Virtual Network Service Operators shall establish the regulation in the preceding paragraph in their Code of Practice and service contract.
Article 16-2
E.164 Internet Telephony Service Operators who provide service by prepaid card or other prepaid approaches shall comply and state following subparagraphs on the package of products:
1. The name of the operator.
2. Telephone number for user complaints.
3. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
4. The comparison of quality of service, 110, 119 emergency call services offered by E.164 Internet Telephony Service providers with those by Local Telephone Service providers.
5. Manner of usage, notice and other terms designated by the Competent Authority.
E.164 Internet Telephony Service Operators shall freely provide the customers with 110 and 119 emergency call service. The routing arrangement of the emergency call service offered by E.164 Internet Telephony Service Operator shall be the same or better than Mobile Network Service Operators’.
The 110 and 119 emergency call service offered by E.164 Internet Telephony Service Operator shall be handled in the first priority.
When the technology is available and the market is ready, E.164 Internet Telephony Service Operator shall provide number portability service and Automatic Location Information (ALI) of emergency call.
Article 17
Operators who are operating the public pay phone resale service shall comply and state following subparagraphs on the public pay phone:
1. The name of the operator.
2. The name of Telecommunications Business who is accessed to or provide its network service.
3. Toll free telephone number for user complaints.
4. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
5. Manner of usage, notice and other terms designated by the Competent Authority.
A public pay phone resale service operator shall provide customers with emergency telephone services of 110 and 119 free of charge.
Article 17-1
Of operators who provide the telecommunications service by means beyond that stated in the preceding four articles in the form of a prepaid card or other repaid method, the product or number sales packaging or the website that offers the telecommunications service are to comply and state the following subparagraph:
1. The name of the operator.
2. Telephone number for user complaints.
3. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
4. Manner of usage, notice and other terms designated by the Competent Authority.
Article 18
The tariffs for the Type II Telecommunications Businesses shall be determined by operators in accordance with Paragraph 5 of Article 26 of the Telecommunications Act.
In the case where a user refuses or delays to pay the tariff, an operator shall prescribe a time limit to demand for payment of the tariff in arrears, and shall inform the user that the services will be disconnected in accordance with the service contract if the tariff in arrears is not paid before the prescribed time limit.
Before the expiration of the demand period as referred in the preceding paragraph, an operator shall not disconnect the telecommunications services without proper reason.
Article 19
Depending on actual needs, the Competent Authority may proceed with evaluation by itself or by engagement of a private institution, and may periodically announce the evaluation report with respect to the quality of service of the respective operators.
For proceeding the evaluation mentioned in the preceding paragraph, the Competent Authority may demand an operator to provide the relevant necessary information, and an operator shall not hinder or reject the request.
Article 20
When an operator plans to suspend or terminate the whole or a part of its business, it shall report to the Competent Authority one month before the scheduled suspension or termination date for records, notify its customers and comply with the Code of Practice.
The period of suspension of business as referred to in the preceding paragraph shall no longer than one year and the operator shall report to the Competent Authority fifteen days before resuming its business for records , and of one that has not filed for business resumption, the temporarily suspended business shall be deemed as having been terminated.
Then a Type II Telecommunications Business terminated all of its business operation, the Competent Authority shall revoke its permit.
Section 2. Intra-corporation Network Communication Service (or VPN Service)
Article 21
The operator who operating the Intra-corporation network communication service shall lease circuits from Type I Telecommunications Business to provide links between users and networks, and between intra-network joint points and shall not have the following acts:
1. to provide communication service of Non Intra-corporation network communication service for its users; and
2. to provide communication service of re-forward call of the call-terminating part for its users.
Article 22
With respect to the linkage which constitute Intra-corporation Network Communication, one of its call-originating part and call-terminating part shall interconnect with the leased line; the part that interconnects with the public telecommunications network shall not start to provide its communication service until the confirmation procedure of operator's network joint points.
With respect to the confirmation procedure as referred to in the preceding paragraph, an operator shall illustrate in the business plan when applying for permit.
Article 23
An Intra-corporation Network Communication Service operator shall reserve its users' essential information at least one year after the contract ends.
The users' essential information as referred to in the preceding paragraph shall include name and address of internal units, branch companies, branch institutions, and subordinate companies, the certificate documents of intra-company relation, intra-company numbering proposal, and the circuit number of leased line that connect network between operator and user.
If the intra-company relation of a user is subordinate company, an intra-corporation network communication service operator shall submit name and address of a user and the certificate documents of intra-company relation for the Competent Authority records.
Article 24
A Intra-corporation Network Communication Service operator shall be recorded and reserved the circuit number of leased line that connect intranet joint points, tables of related routes and the communication record information.
The circuit number of leased line that connect intranet joint points and tables of related routes as referred to in the preceding paragraph must reserve continuously and the record information of telephony shall be reserved for six months at least.
Chapter 4 Regulation of Maintenance and Operation of Telecommunication Facilities
Article 25
The operator who provides the Type II Telecommunications Special Business shall employ qualified senior telecommunication engineering personnel to take charge of monitoring the construction, maintenance, and operation of all the telecommunication facilities.
Article 26
The telecommunication facilities installed by an operator shall conform to the technical specifications set forth by the Competent Authority.
For any operator who violates the provisions set forth in the preceding paragraph, the Competent Authority may specify a time period for correction or may restrict their usage.
Article 27
An operator shall provide records and contents of telecommunications for the purpose of investigation or compilation of evidence upon request in accordance with legal procedures.
The supervision of telecommunication contents as referred to in the preceding paragraph shall be undertaken under the Communication Protection and Interception Act.
Operators shall retain telecommunications records as per Paragraph 1 for a period as follows:
1. Voice Simple Resale Service communication records shall be retained for at least 6 months.
2. Internet Telephony Service communication records shall be retained for at least 6 months.
3. Internet access service:
(1) The records of dialed subscriber identification account, communication dates and online and off-line time shall be retained for at least 6 months.
(2) The records of non-fixed ADSL subscriber identification account, communication dates and online and off-line time shall be retained for at least 3 months.
(3) The record of subscriber identification account for cable modem, communications date and online and off-line time shall be retained for at least 3 months.
(4) Source IP address and system time for the contents that posted on bulletin board, photo area or news group shall be retained for at least 3 months.
(5) Source IP addresses and system times shall be retained for at least 6 months when applying for a free email address and a web page.
(6) E-mail communication records shall be retained for at least one month.
4. Mobile Virtual Network Service communication records shall be retained for at least 6 months.
Operators shall verify and register the subscriber’s information, and retain the data for at least one year after the service contract has been terminated; operators shall provide the required data when a related organization inquires about system data in accordance with the regulations. Services cannot be opened to a subscriber until Mobile Virtual Network Service or E.164 Internet Telephony Service Operators have completed the storing of subscriber’s information. Mobile Virtual Network Service or E.164 Internet Telephony Service run by prepaid card or other prepaid approaches shall be the same.
The subscriber’s data as referred to in the preceding paragraph shall include the subscriber’s name and address, as well as two numbers of documents of identification. In addition, the numbers allocated by Mobile Virtual Network Service Operator or E.164 Internet Telephony Service Operator shall be included. In the case where the subscriber is a government agency, public school or state-run enterprise entity, the agency (institution)’s official document may be submitted as proof of identity.
The numbers of documents of identification as referred to in the preceding paragraph, in the case of an application by a domestic natural person, shall refer to the user’s ID Number and a number of a document of identification of other forms that suffices to identify the individual; in the case of an application by a foreign natural person, refers to the user’s passport number and the Alien Permanent Resident Certificate number, or either of the passport number or the Alien Permanent Resident Certificate number, and a number of a document of identification of other forms that suffices to identify the individual; when applied by a legal person, refers to the business registration identification number and the representative’s ID Number, the passport number or the Alien Permanent Resident Certificate number.
The Competent Authority may restrict the operators in accepting the amount of telecommunications service’s subscriber numbers which the general public can apply for using the same identification document number. The operator is to implement the foresaid matter as per the restrictive conditions and implementation method announced by the Competent Authority.
Mobile Virtual Network Service Operators or E.164 Internet Telephony Service Operator mentioned in paragraph 4 shall load system data files for operators within 2 days upon receiving subscriber’s application.
Article 27-1
Mobile Virtual Network Service Operators or E.164 Internet Telephony Service Operator who provide service with prepaid card or other prepaid expenditure shall review and verify its customers' information weekly. If the users have activated service without user information, Operators shall inform the users of supplementing in one week. For the users who are overdue but don't complement, Operators shall pause their communication.
Operators shall establish the regulations in the proceeding paragraph in their Code of Practice and service contract.
Article 28
An operator shall acquire and use telecommunications numbers in accordance with provisions of the Regulations Governing Telecommunications Numbers.
The mobile network code or subscriber’s number of Mobile Virtual Network Service Operators shall procure from the cooperated Mobile Network Business Operators. Mobile Virtual Network Service Operators shall pay use fees to Mobile Network Business Service Operators Telecommunications number in accordance with Administrative Regulations on Telecommunications Number.
When Mobile Virtual Network Service Operators make change of the cooperated Mobile Network Business Operators or terminate business, they shall handle related matters concerned the subscriber’s numbers in accordance with Administrative Regulations on Telecommunications Number and Administrative Regulations on Number Portability Service.
Those who apply for operation of E.164 Internet Telephony Service shall acquire subscriber numbers from Type I Telecommunications Business that operates E.164 Internet Telephony Service. However, applicants with paid-in capital in excess of NT 5 hundred million dollars may apply to the Competent Authority.
If an E.164 Internet Telephony Service operator ceases operation or discontinue the use of acquired subscriber numbers, the operator shall deal with the subscriber numbers in accordance with the Regulations Governing Telecommunications Numbers.
An E.164 Internet Telephony Service operator shall inform the Concentrated Databases Administrator defined by Regulations Governing Number Portability about the acquired subscriber numbers, and notify all the Originating Network Operators of Type I Telecommunications Business and Type II Telecommunications Business about the necessary connection information.
Article 28-1
A Voice Simple Resale Operator or E.164 Internet Telephony Service Operator shall immediately send the calling number from the originating customer to the destination network on line in real time through the transmitting traffic from the originating customer and make sure that the original calling number is correctly received by destination network.
Non-E.164 Internet Telephony Service Operators, when transmitting voice traffic coming from the Internet to the public switch telephone network, are required to send the local network service’s subscriber number leased form a Local Network Service Operator to the destination network online, and also to make sure that it is correctly received by destination network.
The E.164 Internet Telephony Service Operators, when transmitting the subscriber’s voice traffic not using the E.164 subscriber number to the public switch telephone network, are to complete the process as per the preceding paragraph.
The Voice Simple Resale Service Operators or the Internet Telephony Service Operators shall not receive or transfer the voice traffic from or to operators who have not obtained the operating permit.
Of communications from a domestic originating customer to the domestic destination customer, except when the receiving subscriber is using the international roaming service, the originating network operator or the transfer network operator shall not reroute the communications through an offshore network.
Article 29
deleted
Article 30
An operator who is required to share the losses resulting from telecommunications universal services and the necessary management fees shall follow the rules of Regulations Governing the Universal Telecommunications Services.
Article 31
The Competent Authority may request operators to submit a report on the conditions of the facilities operation items, information and communication security management and other necessary items and provision of any relevant documents, whenever necessary, may dispatch administrative staff accompanied with appropriate identification papers to inspect the installed telecommunication facilities and the implementation of information and communication security management, and the operator cannot reject.
Chapter 4-1 Information and Communication Security Management
Article 31-1
In one of the following conditions, operators shall construct information and communication security protection and detection facilities within one year upon receiving notification from the Competent Authority and conduct penetration tests, vulnerability scanning and maintenance and repairs on a regular basis. In addition, operators shall pass ISO/IEC 27001 international standards and information and communication security management verification on the added check list of ISO/IEC 27001 telecommunications business information and communication security management publication issued by the Competent Authority. The implementation of the verification shall be reported to the Competent Authority for approval and shall include the items of verification:
I. When the system of operators reaches the third level or above in Guidelines for Report and Response Operations for National Information and Communication Security.
II. In the case of potential harm to national security or information and communication security and is notified by relevant organizations.
III. When key points, the number of users or scale of use, and control of operations and facilities are considered necessary by the Competent Authority.
During the period of the preceding paragraph, the Competent Authority shall notify operators of the reduction of this period upon receiving notification from organizations related to national security or information and communication security.
Operators applying for Type II Telecommunications Business shall submit information and communication security protection and detection facility proposals and are obliged to pass the information and communication security management verification of Paragraph 1 prior to obtaining their licenses when key points, the number of users or scale of use, and control of operations and facilities are considered necessary by the Competent Authority.
Operators referred to in Paragraph 1 shall establish joint defense and response measures, such as notifying, treating, and reporting measures for information and communication security incidents in accordance with the information and communication security response operation procedure promulgated by the Competent Authority.
In the case of information and communication security incidents, operators shall conduct emergency response measures, maintain records, and report to the Competent Authority for future reference in accordance with information and communication security incidents reported by the Competent Authority. In addition, the records shall be kept for at least six months.
Article 31-2
Operators that establish telecommunications equipment rooms shall maintain a control journal to record the names, I.D. numbers or passport numbers, organizations (agencies), incoming and outgoing time and purposes of personnel coming in or going out and the reexamination records of reexamination personnel. The work journals shall be kept for at least six months.
The telecommunications equipment rooms mentioned in the preceding paragraph shall include Internet management centers.
The entrances and exits of telecommunications equipment rooms shall be installed with videotaping equipment for monitoring and recording, the records of which shall be kept for at least six months.
Upon receiving notification from the Competent Authority, which was informed by organizations related to national security or information and communication security, operators shall forbid personnel that may harm national security to enter telecommunications equipment rooms.
Article 31-3
Operators shall report to the Competent Authority for future reference; operators shall request personnel of telecommunications equipment rooms to monitor maintenance and operation tasks and thoroughly record operational instructions for system connection if they entrust other parties to design information system software or to maintain and operate systems involving Internet system resources, users' information and communication content. The records shall be kept for at least six months.
Upon receiving notification from the Competent Authority, which was informed by organizations related to national security or information and communication security, operators shall not entrust personnel who may harm national security to conduct information system software design, the maintenance and operation of remote system connection and testing operation involving Internet system resources, users' information and communication content.
Chapter 5 Supplementary Provisions
Article 32
Violation of any provision of the Rules shall be subject to enforcement actions in accordance with the Regulations and other related laws or regulations.
Article 33
The operator shall pay permit fee, examination fee, inspection fee and certification fee in accordance with the standards prescribed by the Competent Authority.
Article 34
Of operators who have already obtained the Internet Telephony Service permit license prior to the amendment of this regulations on Nov.15, 2005, following the induction of the amended administrative regulations, the competent authorities may proceed to replace , free of charge, the non-E.164 Internet Telephone Service permit license to said operators.
According to the preceding paragraph, the replaced license should have the same validity date as the original one.
Article 35
The format of all documents and forms stipulated in the Regulations shall be promulgated by the Competent Authority.
Article 36
These Regulations shall become effective as of the date of promulgation
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