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Chapter Law Content

Title: Telecommunications Management Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter I General Rules
Article 1
The Act is enacted to ensure the sound development of the telecommunications industry, to encourage innovative services, to facilitate fair market competition and telecommunications infrastructure, to ensure the reasonable use and efficiency of resources, to improve technological development and interconnection applications, and to protect the rights and interests of consumers.
This Act is applicable to radio and television businesses operated in accordance with the Radio and Television Act with respect to the establishment and management of stations thereof.
The Privately Owned Public Utilities Supervisory Act is not applicable to the operations of telecommunications enterprises. This is the same for telecommunications enterprises that have obtained a franchise or operation license from the competent authority before the enforcement of the Act.
Article 2
The competent authority herein referred to is the National Communications Commission.
Article 3
The terms adopted in the Act are defined as follows:
1. Telecommunications enterprise: refers to an enterprise registered in accordance with the Act to provide telecommunications services.
2. Telecommunications services: refers to public communications services provided through the public switched telecommunications network ("PSTN").
3. Telecommunications equipment: refers to equipment that can be used to carry out or control optical or electrical transmission and reception of communications messages; and is equipped with the transmission, exchange and access functions.
4. Telecommunications infrastructure: refers to ducts, maintenance holes, hand holes, towers, poles, main distribution frame, machine room and other auxiliary or related facilities that are obligatory for the installation of not only telecommunications equipment but also the overpass, underground or submerged conduits, entrance conduits, lead-in lines and conduits inside the building required thereby as well as various telecommunications transmission lines thereof.
5. Telecommunications network: refers to a network consisting of various telecommunications infrastructure to transmit and receive communications messages. This network includes satellite, fixed and mobile networks, and a combination thereof.
6. Public switched telecommunications network ("PSTN"): refers to the telecommunications network established to provide services for the public’s communications.
7. Station: refers to telecommunications equipment within the telecommunications network for transmitting and receiving radio wave signals. It includes microwave station, base station, satellite earth station, terrestrial radio station, terrestrial television station and dedicated radio/television station.
8. Interconnection: refers to network connection between the telecommunications enterprises so as to enable their respective subscribers to communicate with subscribers of other telecommunications enterprise or receive services provided by other telecommunications enterprise.
9. Subscriber: refers to the counterpart who enters into a service contract with the telecommunications enterprise in order to use the telecommunications services provided thereby.
The established telecommunications network, as described in Subparagraph 6 of the preceding paragraph, refers to a telecommunications network established either by oneself, with another, or by others.
Article 4
A user who uses telecommunications service shall be held responsible for the content of its use of telecommunications service, and any consequent effect and/or influence thereof.
For a telecommunications enterprise, the use of telecommunications services by a person without legal capacity or with limited legal capacity shall be deemed as an act performed by a person with legal capacity. Other acts resulting from the use of telecommunications services shall not be so construed.