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

Print Time:2024/11/22 11:09
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Chapter Law Content

Chapter 3: Operation Management
Section 4: Supervision over Services Operation
Article 61
In order to improve nationals' rights and interests to basic telecommunication services and to provide basic telecommunication services to remote regions for universal service, the service provider shall contribute to the Telecommunication Universal Service Fund in accordance with the Regulations on the Telecommunication Universal Service.
Article 62
The channel content on the interactive media platform set up by the service provider shall comply with the content provided by licensed operators in accordance Radio and Television Act, Cable Radio and Television Act, Satellite Broadcasting Act.
Article 63
Service providers that operate other Type One telecommunication business shall comply with the following regulations:
1. Adopt a separate accounting system by which the amount of capital and related income of the Services are recorded separately from any other telecommunications business
2. Refrain from inappropriate bundling of services and related tarrifs with other Type One telecommunication businesses that obstruct fair competition
3. Telecommunication equipment for services shall be clearly separated from the other telecommunication for other Type One telecommunication business
4. Operate within the principles of fairness; discrimination or any other action of obstruction of fair competition is prohibited
Article 64
Service providers shall comply with the Regulations on the Equal Access Services when providing auto telephone services.
Article 65
Service providers shall provide services in a fair manner; refusal to service application for the Services is not allowed without justifiable reasons.
Article 66
Service providers shall achieve base station wireless wave coverage of 70% or more of the population and half of the counties and cities in their respective service areas.
Article 67
Service providers’ accounting system and accounting practice shall comply with the Accounting Standards and Regulations on the Type One Telecommunications Enterprises promulgated by the NCC.
Article 68
The operators shall decide the tariffs for this business in accordance with the Administrative Regulation Governing Tariffs of Type I Telecommunications Enterprises base on Article 26 of the Telecommunications Act.
Article 69
Service providers shall provide a considerable grace period while requesting for overdue payment from subscribers in case of refusal or postponement of payment, and notify subscribers that the subscribed services shall be suspended according the service contract if the overdue payment is not made within a grace period.
Prior to the end of the grace period as provided in preceding Paragraph, the service provider may not suspend subscribed telecommunication services of which the payment is overdue.
Article 70
Service providers shall provide service rules in which terms and conditions pertaining to the services provided by the service providers and submit to the NCC for review and approval before such rules may be announced and in force; such rules must be provided at all business locations and the website for consumers to view. This Paragraph is also applicable to amendments of such rules.
The service rules as mentioned in preceding Paragraph shall specify fair and reasonable service terms and conditions and the following information:
1. Services provided by the service provider
2. Fee schedules for all services and the terms and conditions for fee adjustment
3. Limitations and terms and conditions of using the subscribers’ basic information
4. Method of indemnity for subscribers in case the service provider’s charter is revoked or abolished or the services are suspended, or terminated to the extent that subscribers’ rights are violated
5. Measures for damage caused by error, delay, interruption, or transmission failure due to telecommunication equipment breakdown or service denial
6. Measures for subscribers’ complaints and other items concerning subscribers’ rights
7. Other service terms and conditions
When a service provider has set up an interactive media platform for multimedia content service, besides the rules stipulated in the preceding paragraph, service rules shall specify the following information:
1. To assure the sales methods of the providers of the multimedia content service actively and clearly inform consumers of payment requests.
2. To provide a channel interface and storage facilities for program content.
The NCC may order the service provider to amend its service rules within a deadline if the harm to consumers’ rights or significant unfairness is found in such rules.
All required information as provided in Paragraph 2 shall be clearly stated in the standard service contract between a service provider and a subscriber and submitted to the NCC for review and approval before such contract is used. Such contract shall not violate any regulations concerning telecommunications and business operations. This Paragraph is also applicable to any changes.
Service providers shall enter into a service contract with every subscriber using approved standard service contract. This Paragraph is also applicable to a service provider that adopts pre-paid cards or other pre-paid fee schedule for the Services.
Any changes or amendments of the standard service contract made between a service provider and a subscriber shall be announced through public media before it comes into effect.
Article 71
Service providers shall provide customers with a service quality that matches with the service quality standard defined by the NCC for its wireless broadband access network business.
The service quality standard as mentioned in preceding Paragraph shall be defined by the NCC depending on technique and service developments at the appropriate time.
The NCC may conduct assessment reviews by itself or through private institutions at its discretion and periodically announce service quality assessment reports on all service providers.
Article 72
The NCC shall issue an order of improvement within a time limit if subscribers’ rights may be damaged due to the service provider’s inappropriate operation or poor service quality.
Article 73
Interconnection between service provider’s network and other telecommunication enterprises’ network shall comply with the Regulations on Network Interconnection among Telecommunications Enterprises.
Article 74
Service providers shall be obliged to provide the information of communication history and content for legal investigation or evidence collection that follows due process in laws.
The surveillance of the content of telecommunications under the preceding Paragraph shall be carried out in accordance with the Communication Security and Surveillance Act.
Service providers shall maintain phone records under Paragraph 1 of this Article for at least six months.
When the service provider constructs, installs, increases or expands its wireless broadband access system, its telecommunication surveillance facilities shall be installed in accordance with the applicable provisions of the Communication Security and Surveillance Act and the Enforcement Regulations thereof.
Service providers shall maintain telecommunication records for at least six months.
Service providers shall be obliged to provide telecommunication records maintained as provided in the preceding Paragraph for the user’s inquiry.
Article 75
Service providers shall reconcile and record their subscribers’ information; service may only be provided after service provider’s system log file has been loaded and saved. Such log file shall be maintained for at least one year after the service contract has expired, and be provided to the authorities concerned for investigation by due process in laws. This Paragraph is also applicable to a service provider that adopts pre-paid cards or other pre-paid fee schedule for the Services.
The subscribers’ information as provided in the preceding Paragraph shall include the subscriber’s name, ID number, address and assigned number.
The loading of the user information mentioned in preceding Paragraph shall be completed within two days after the service provider has accepted an application.
Article 76
Service providers that adopt pre-paid cards or other pre-paid fee schedule for the Services shall re-check the subscriber’s information every week; if a subscriber has activated service without the subscriber’s information, then the service provider shall notify the subscriber to provide the complete information within one week, otherwise the service provider shall suspend service for the subscriber.
The service provider shall clearly state the regulation provided in the preceding Paragraph in its business rules and standard service contract.
Article 77
The service provider that intends to temporarily suspend or permanently terminate partial or all services it provides shall report to the NCC for approval three months prior to the planned date of suspension or termination and notify its subscribers one month prior to the planned date of suspension or termination.
The charter that is granted by the NCC to the service provider that is approved to suspend or terminate all its services shall be abolished by the NCC.
The NCC shall take appropriate action at its discretion upon the expiration of the business suspension or termination of operation as mentioned in the preceding Paragraph.
Article 78
Service providers shall provide phone number portability service according to the Regulations on Number Portability.
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