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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/25 12:16
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Chapter Law Content

Chapter 1 General Provisions
Article 1
These Regulations are promulgated pursuant to Paragraph 6, Article 14 of the Telecommunications Act.
Article 2
The terms of these Regulations are defined as follows:
1. "Fixed telecommunications system" refers to the communication system consisting of the network transmission equipment, in the form of fixed line or other transmission modes approved by the competent authority, that connects a fixed end of origination to a receiving end, the exchange equipment that constitute an integral part of the network transmission equipment, and the auxiliary equipment of the above two.
2. "Fixed telecommunications network" refers to the communication network consisting of a fixed telecommunications system.
3. "Fixed telecommunications" refers to the telecommunications in which audio, data, images, video signals, multimedia signals or other types of information are transmitted through the use of a fixed telecommunications network.
4. "Fixed network telecommunications business" refers to the business of providing fixed telecommunications services by operators through the use of a fixed telecommunications network.
5. "Operators" refers to the persons who have been granted concessions and licenses by the competent authority for the operation of a fixed network telecommunications business.
6. "Network infrastructure facilities" refers to the ducts, manholes, hand holes, towers, poles, main distribution frame, telecommunication equipment room, and other auxiliary or related facilities required for installation of telecommunications lines, lead-in lines, telecommunication subscribers lines, and various transmission lines and circuits, whether over-pass, underground or submerged for local, long-distance and international telecommunications.
7. "Dominant carrier in fixed network telecommunications market" refers to an operator who is assigned by Article 10 of the Administrative Regulation Governing Tariffs of Type I Telecommunications Enterprises.
8. "Subscribers" refers to the persons who enter into contracts with operators and use the fixed telecommunications services provided by such operators.
9. "Users" refers to subscribers and other persons who use the fixed telecommunications services provided by operators.
10. "Public pay-telephone" refers to telephones installed by operators for public use and paid for by inserting coins, cash cards, credit cards, or pre-paid cards.
11. "Emergency telephone" refers to a telephone that may be used for the reporting of fire, theft, robbery, and other emergencies.
12. "International submarine cable system" refers to the international submarine cable that is laid in the ocean and its auxiliary equipment.
13. "International submarine cable landing station" refers to the telecommunications facilities and auxiliary equipment connecting a submarine cable and inland backhaul in order to send or receive international telecommunications to the prior submarine cable or backhaul for transmission into or out of the country.
14. "Inland Gateway" refers to the inland telecommunications equipment and auxiliary equipment to interconnect the international submarine cable and publicly switched telecommunications network.
15. "The back-haul facilities" refers to the high capacity inland transmission links and auxiliary equipment that connect between the international submarine cable landing station and the inland gateway or the exchange equipment of a public switched telecommunications network of any operator.
16. "Multimedia content transporting platform service" refers to the service which provides subscribers with accessibility to multimedia content offered by content service providers through interactive media platform installed by a local network business operator.
17. "Multimedia content service" refers to channel program content service or audio, data, and video content service offered by other multimedia content service providers through a multimedia content transporting platform.
18. "Channel program content" refers to audio-video content, in program units, played in a schedule pre-arranged by a content service provider, on a transporting platform channel, selected and bought by subscribers using an electronic-menu.
19. "Content service provider" refers to a dealer who offers channel program content or multimedia content service by using the multimedia content transporting platform.
20. Telecommunication equipment room: referring to the equipment room the operator has installed for controlling the machinery, devices, wire circuits and other related equipment, to provide the telecommunications service.
21. Networking data center equipment room: referring to the equipment room the operator has installed of the equipment cabinetry, power, air-conditioning, fire fighting and related facilities for leasing, hosting or for the users to install the information communication equipment on their own.
22. Telecommunications infrastructure: refers to telecommunications equipment and its pipeline infrastructure.
Article 3
The competent authority for fixed network telecommunications businesses is the National Communications Commission (hereinafter “NCC”).
Article 4
Fixed network telecommunications businesses shall be of the following categories:
1. "Integrated network business" refers to an operator that engages in a local network business, long-distance network business, or international network business.
2. "Local network business" refers to an operator that engages in the business of providing users with fixed telecommunications services within the same local telecommunications operation area through the use of its fixed telecommunications network and the leased-circuit business within its licensed operation area.
3. "Long distance network business" refers to an operator that engages in the business of providing users with fixed telecommunications services across different local telecommunications operation areas within the country through the use of its fixed telecommunications network and the leased-circuit business within its licensed operation area.
4. "International network business" refers to an operator that engages in the business of providing users with international fixed telecommunications services through the use of its fixed telecommunications network and the leased-circuit business within its licensed operation area.
5. "Leased-circuit business refers to an operator that engages in the business of leasing its network transmission equipment, which shall have no exchange functions, and the auxiliary equipment thereof.
The local telecommunications operation areas shall be promulgated by the competent authority.
Article 4-1
The business scope of an applicant that applies for the operation of a leased-circuit business shall be stipulated as follows:
1. Domestic local and long-distance land cable leased-circuit business refers to an operator that engages in the business of leasing its domestic local and long-distance land cable network transmission equipment, which shall have no exchange functions, and the auxiliary equipment thereof.
2. "International submarine cable leased-circuit business" refers to an operator that engages in the business of leasing its international submarine cable network transmission equipment, which shall have no exchange functions, and the auxiliary equipment thereof.
The provisions of this Article, Article 12, and Article 12-1 shall not apply to a license holder of an integrated network business, local network business, long distance network business, or international network business, which engages in leased-circuit business within its licensed operation area.
Article 4-2
The applicable minimum paid-in capital, the performance bond, the system capacity of a local network, and the network scale when the applicant applies a Concession License shall be counted with local network operation weight of the respective county or city where the applicant applies for operation of a local network business.
The aforementioned local network operation weight refers to the quotient of the population of each of counties or cities in Taiwan-Fuchien Area and the total population of Taiwan-Fuchien Area; the number of population is based on the Yearly Bulletin of Interior Statistics, and the value is counted to a decimal for the 4th digit after the dot(the remaining digits shall be absolute to carry).
The local network operation weight aforementioned in Paragraph 1 shall be announced by the competent authority every three years and shall refer to the Yearly Bulletin of Interior Statistics of the year before the year of announcement.
A cable radio and television system operator with its own cable radio and television operating area may apply for operation of local network business. The aforementioned local network operation weight refers to the quotient of the population of each of counties or cities in Taiwan-Fuchien Area and the total population of Taiwan-Fuchien Area; the number of population is based on the Yearly Bulletin of Interior Statistics, and the value is counted to a decimal for the 4th digit after the dot(the remaining digits shall be absolute to carry); this operation weight thus is used to calculate the applicable minimum paid-in capital, the performance bond, the system capacity of a local network, and the network scale when the applicant applies for a concession license.
Paragraph 3 may apply, mutatis mutandis, to the population count in the preceding paragraph.
Article 5
An operator of fixed network telecommunications business shall obtain concession and license granted from the competent authority before commencement of its business operation.
The period for filing applications for concession of fixed network telecommunications business shall be promulgated by the competent authority.
For the opening of fixed network telecommunications businesses, the competent authority may establish a review committee to review and screen applications for concession.
Guidelines for review and screening of the applications for fixed telecommunications businesses shall be promulgated by the competent authority.
Article 6
Subject to the practical needs, the competent authority may enact and promulgate the respective instructions for applications for various categories of fixed network telecommunications businesses.
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