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Title: Regulations Governing the Use of the Subscriber Numbers on Telecommunications Enterprises CH
Announced Date: 2024-04-26
Category: National Communications Commission(國家通訊傳播委員會)
Chapter I General Rules
Article 1
These Regulations are enacted in accordance with the provisions of Paragraph 2, Article 69 of the Telecommunications Management Act(hereinafter referred to as the Act).
Article 2
The terms adopted in the Regulations are defined as follows:
1. Subscriber number: refers to telecommunications numbers offered to subscribers for using telecommunications services.
2. Allocation: refers to the approved use of specific telecommunications numbers approved in accordance with Paragraph 1 of Article 69 of the Act.
3. Assignment: refers to the designation of a specific subscriber number to the subscriber for use in accordance with the service contract.
4. Verification: refers to the confirmation of the subscriber or agent’s identity and valid information to ensure compliance by means of conducting a manual check or other methods specified in the Regulations.
5. Registration: refers to processing the information provided by the subscriber or agent for the application of the subscriber number according to the Regulations, along with the corresponding image files and verification records, into the system for retention.
6. Corporate customers: refers to subscribers whose subscribed numbers are for employees, businesses, or products of a legal person, unincorporated associations, firms or government agencies.
7. Wholesale resale service of subscriber numbers: refers to those who lease or purchase telecommunications services with subscriber numbers from other telecommunications enterprises in a wholesale approach and resell it to subscribers in its own name.
Chapter II Verification and Registration
Article 3
Prior to assigning subscriber numbers to subscribers for use, telecommunications enterprises allocated with subscriber numbers should verify and register the subscriber information.
The subscriber information stated in the preceding paragraph refers to:
1. When the subscriber is a natural person:
(1)Subscribers who are citizens of the R.O.C. must provide either the original copies of their National Identification Card and passport, or the original copy of either the National Identification Card or passport, supplemented by other original identity certification documents that suffices to identify the individual.
(2)Subscribers who are foreign nationals must provide either the original copies of their passport and valid Alien Resident Certificate, or the original copy of either the passport or valid Alien Resident Certificate, supplemented by other original identity certification documents.
2. Subscribers who are legal persons, unincorporate associations, firms or government agencies(organizations)must provide their certification documents and the original copies of their representative’s respective National Identification Card, passport or valid Alien Resident Certificate.
When a subscriber commissions an agent to apply to telecommunications enterprises allocated with subscriber numbers for the assignment of subscriber numbers, the telecommunications enterprises allocated with subscriber numbers must verify and register the agent’s information. The agent should provide the subscriber information prescribed in the preceding paragraph, as well as the agent’s National Identification Card, along with the subscriber’s agent authorization documents.
The application of subscribers that are unable to provide a National Identification Card or passport to meet the requirement of presenting two forms of identification as prescribed in Paragraph 2 shall be handled depending on the alternative forms of identification in accordance with other laws and regulations.
The verification prescribed in Paragraph 1 may be conducted by signing a digital signature as prescribed under the Electronic Signatures Act and uploading the information specified in Paragraph 2.
Article 4
Where the subscribers mentioned in the preceding article are corporate customers, telecommunications enterprises allocated with subscriber numbers should not only follow the provisions of the preceding article but also require corporate customers to provide the following information:
1. Purposes of use;
2. Place of business;
3. List of users;
4. Affidavit wherein the subscriber guarantees not to use the subscriber number or service in violation of regulations, and not to transfer the subscriber number to others without the consent of the telecommunications enterprise.
Telecommunications enterprises allocated subscriber numbers should register the information outlined in Subparagraphs 1, 2, and 4 of the preceding paragraphs, and incorporate the information from Subparagraph 3 into the sampling plan stated in Paragraph 1 of Article 16.
Article 5
When verifying subscriber information, telecommunications enterprises allocated with subscriber numbers shall confirm compliance with the identification possessed by their subscribers or agents.
When verifying the information of subscribers applying for a subscriber number, telecommunications enterprises allocated with subscriber numbers shall complete the verification either at the counter or through on-site visits with the subscribers or their agents. Verification through the internet or methods other than in-person at the counter shall not be permitted, except as provided in Paragraph 5 of Article 3 or approved by the competent authority.
When processing subscriber number applications from corporate customers, telecommunications enterprises allocated with subscriber numbers shall, whenever necessary, conduct on-site visits to verify their business operations and the purposes for applying for subscriber numbers or services.
Telecommunications enterprises allocated with subscriber numbers must not activate subscriber numbers overseas without the consent of the competent authority.
Article 6
When verifying the identity of subscribers applying for subscriber numbers for the first time, telecommunications enterprises allocated with subscriber numbers shall retain the image files of the subscribers or their agents.
Article 7
To achieve the purposes of verifying subscriber information as prescribed in Articles 3 and 5, and adopting appropriate risk control measures as prescribed in Article 15, the telecommunications enterprises allocated with subscriber numbers shall conduct verification with assistance of the database designated by the competent authority.
Telecommunications enterprises allocated with subscriber numbers shall ensure that the collection, processing and use of information from the database mentioned in the preceding paragraph comply with the Personal Data Protection Act and shall not exceed the necessary scope of purposes of verification. They shall ensure that their employees abide by confidentiality obligations.
The database mentioned in Paragraph 1 shall be designated by the competent authority after coordination with relevant authorities.
Article 8
The information registered by telecommunications enterprises allocated with subscriber numbers in accordance with the Regulations shall be retained for at least one year after the termination of the service contract.
Where the information stated in the preceding paragraph is related to criminal investigations, litigation, or the necessity for preserving evidence, the information retention period shall be extended upon notification from the court, prosecutor's office, or judicial or police authorities.
Article 9
Telecommunications enterprises allocated with subscriber numbers may commission their distributors, telecommunications service number agents or other individuals to implement the verification and registration of subscriber information specified in the Regulations. The commissioned agency shall, within the scope of the commission, be regarded as the telecommunications enterprise.
Telecommunications enterprises allocated with subscriber numbers shall supervise the preceding commissioned agency in commissioning tasks in an appropriate manner.
Chapter III Restrictions on the Assignment of Subscriber Numbers
Article 10
When providing subscriber numbers to those engaged in the wholesale resale services of subscriber numbers, telecommunications enterprises allocated with subscriber numbers shall conduct a review of the following matters concerning the said wholesale resellers:
1. Registration of the telecommunications business in accordance with the Act, including the specification of the corresponding service content.
2. Basic information, such as the nature of the business, capital, and number of employees.
3. Purposes of wholesaling the subscriber numbers.
4. Verification and registration of subscriber information according to the Regulations, and the completion of the audit mechanism specified in Article 16.
Telecommunications enterprises allocated with subscriber numbers shall, in addition to reviewing the written documents in accordance with the provisions of the preceding paragraph, conduct on-site visits whenever deemed necessary.
Article 11
Telecommunications enterprises engaged in the wholesale resale service of subscriber numbers shall not provide the subscriber numbers to others for engaging in another wholesale resale service of subscriber numbers.
Telecommunications enterprises allocated with subscriber numbers shall, in accordance with the preceding article and Article 17, undertake a review of telecommunications enterprises engaged in the wholesale resale service of subscriber numbers to ensure compliance with the provisions of the preceding paragraph.
Article 12
The subscriber numbers assigned by telecommunications enterprises allocated with subscriber numbers used for mobile telecommunications networks shall be paired with the International Mobile Subscriber Identity(IMSI)of the corresponding mobile telecommunications networks.
When providing services, telecommunications enterprises engaged in the wholesale resale service of subscriber numbers shall not separate the subscriber numbers provided by the telecommunications enterprises allocated with subscriber numbers, as stated in the preceding paragraph, from their associated International Mobile Subscriber Identity(IMSI).
Article 13
Telecommunications enterprises allocated with subscriber numbers shall not assign subscriber numbers to the subscriber in any of the following circumstances:
1. The information verified and registered in accordance with Articles 3 to 5 is incomplete or false;
2. Lacking appropriate risk control measures as required by Article 15;
3. Subscribers whose subscriber number has been suspended or terminated by the telecommunications enterprise allocated with subscriber numbers within one year in accordance with Paragraph 1 of Article 18, and who fail to restore the said use in accordance with Paragraph 2 of the preceding section of the same article, for applications exceeding one subscriber number.
4. The descriptions of use purposes provided by corporate customers in accordance with Subparagraph 1 of Article 4 potentially violate regulatory enforcement or prohibitions.
5. Other matters under which restrictions shall be imposed in accordance with laws and regulations.
Chapter IV Management of the Use of Subscriber Numbers
Article 14
When transferring a subscriber number to others, subscribers must obtain approval from the telecommunications enterprises allocated with subscriber numbers. The said enterprises shall be required to verify and register the subscriber information in accordance with Chapter II, unless otherwise provided for purposes of personal household activities or internal activities of corporate customers.
Article 15
When implementing the verification and registration of subscriber information and providing telecommunications services, telecommunications enterprises allocated with subscriber numbers must adopt appropriate risk control measures to prevent subscribers from applying for subscriber numbers under false identities or violating provisions of the preceding article.
When providing telecommunications services, telecommunications enterprises allocated with subscriber shall adhere to the risk control measures in the preceding paragraph, to establish a mechanism for detecting, assessing, and alerting in abnormal usage of subscriber numbers.
Article 16
Telecommunications enterprises allocated with subscriber numbers, specifically those providing telecommunications services with subscriber numbers, shall establish an independent auditing department, which shall be required to formulate a sampling audit plan for assignment and verification, and shall regularly conduct sampling.
The sampling plan mentioned in the preceding paragraph shall be submitted to the competent authority for reference prior to its implementation. The same procedure shall apply in the event of any changes.
The sampling mentioned in Paragraph 1 shall be documented and submitted to the competent authority for reference.
Article 17
When providing subscriber number to other telecommunications enterprises engaged in the wholesale resale service of subscriber numbers, telecommunications enterprises allocated with subscriber numbers shall conduct regular checks on the following matters:
1. Ensuring compliance with provisions specified in each Subparagraph of Paragraph 1 of Article 10.
2. Management of the subscriber number assignment interface.
3. Confirming the usage type of subscriber numbers through the system to ensure their compliance with the business nature specified in Subparagraph 2 of Paragraph 1 of Article 10 or if there is any abnormal usage.
4. Monitoring the proportion of subscriber numbers that breach regulations as notified by the relevant authorities.
To implement the necessity of checking the matters specified in the preceding paragraph, telecommunications enterprises allocated with subscriber numbers may restrict the quantity of wholesaling subscriber numbers, terminate cooperative relationships, or adopt other necessary measures.
Article 18
When providing telecommunications services using subscriber numbers, telecommunications enterprises allocated with subscriber numbers shall suspend or terminate the use of the subscriber numbers in any of the following circumstances:
1. If the telecommunications enterprise ascertains that the subscriber falls under any of the circumstances specified in each Subparagraph of Article 13.
2. If the telecommunications enterprise ascertains that the subscriber has violated Article 14.
Once the reasons for the usage suspension have been resolved, telecommunications enterprises allocated with subscriber numbers shall immediately restore the subscriber's usage.
Telecommunications enterprises allocated with subscriber numbers shall not be liable for damages caused during the suspension period mentioned in Paragraph 1, unless the reasons for usage suspension are attributed to the intentional or negligent acts of the telecommunications enterprises allocated with subscriber numbers.
Article 19
When transmitting calls or short messages, telecommunications enterprises shall immediately transmit the originating subscriber number to the destination network and ensure that the original calling number is correctly received by destination network.
For communication from a domestic originating subscriber to a domestic destination customer using the subscriber number, unless otherwise agreed upon by the competent authority or when the destination subscriber is using an international roaming service, telecommunications enterprises shall not route that communication to an overseas network through the interconnection points of the public telecommunications network.
Article 20
As prescribed in Paragraph 1 of Article 10, telecommunications enterprises engaged in the wholesale resale service of subscriber numbers shall apply, mutatis mutandis, the provisions of Chapter II, Articles 13 to 16, Article 18, Article 21, and Articles 23 to 25.
Chapter V Supplementary Provisions
Article 21
When selling telecommunications services paired with subscriber numbers, telecommunications enterprises allocated with subscriber numbers shall clearly label the provisions of Article 14 through the product packaging, sales channels, or other prominent, public, and accessible means.
Article 22
Regarding the sales information of telecommunications services paired with subscriber numbers, online retailing platform operators shall include the following measures into their terms of service:
1. Those who publish sales information must provide evidence of being registered either as telecommunications enterprises allocated with subscriber numbers or telecommunications enterprises engaged in the wholesale resale service of subscriber numbers, being commissioned agencies as prescribed in Article 9, or having conducted related practices in accordance with Article 14.
2. The published content shall include the identity of the sales information publisher as prescribed in the preceding subparagraph and shall be labeled according to the preceding article.
When online retailing platform operators learn of any non-compliance with the preceding paragraph, they shall notify the sales information publisher to undertake corrective action or take necessary measures within a prescribed period.
Upon learning of any non-compliance with provisions of Paragraph 1 on the website, telecommunications enterprises allocated with subscriber numbers or telecommunications enterprises engaged in the wholesale resale service of subscriber numbers shall notify the online retailing platform operators to restrict browsing or remove the content from the website.
The competent authority may regularly publish the implementation status of the notifications issued by the telecommunications enterprises allocated with subscriber numbers or telecommunications enterprises engaged in the wholesale resale service of subscriber numbers in the preceding paragraph.
Article 23
Regarding subscriber numbers assigned to corporate customers, if the registered information does not comply with Article 4 within one year of the enactment of the Regulations, telecommunications enterprises allocated with subscriber numbers shall notify high-risk corporate customers that have been notified by the relevant authorities for communication suspension to undertake corrective action within a prescribed period.
Those who fail to make corrections within the prescribed period shall be presumed to have incomplete or false subscriber information as prescribed in Subparagraph 1 of Article 13. In such circumstances, telecommunications enterprises allocated with subscriber numbers shall handle the matter in accordance with Paragraph 1 of Article 18
Article 24
When allocating subscriber numbers used for IoT purposes and non-specific interpersonal communication to corporate customers, telecommunications enterprises assigned with subscriber numbers may, if in compliance with the following provisions, be exempted from managing the usage of subscriber numbers as prescribed in Articles 14 to 17:
1. The type, purposes and quantity of the terminal equipment paired with subscriber numbers have been provided and evaluated by telecommunications enterprises allocated with subscriber numbers for their compliance with Article 15.
2. After the physical or virtual subscriber identification modules paired with subscriber numbers are integrated with specific terminal equipment, the separation of the number for reuse for other purposes is difficult and supporting information has been provided.
3. The subscriber identification modules paired with subscriber numbers have been integrated with the terminal equipment.
Article 25
Telecommunications enterprises allocated with subscriber numbers shall retain the subscriber numbers that have been returned or terminated by subscribers for at least three months before reassigning them to new subscribers, unless otherwise agreed upon by new subscribers.
When a part or all of the business of the telecommunications enterprise terminates, and the competent authority in charge of telecommunication numbers allocating reallocates the subscriber numbers to other telecommunications enterprises, the telecommunications enterprise receiving the allocation should retain the subscriber number for six months for the original subscriber to apply for reuse, unless they are IoT numbers.
Article 26
The Regulations shall come into force on the date of promulgation.