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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 VII Penalty
Article 72
Those who endanger the normal functioning of the submarine cable landing station and cables extending from the submarine cable landing station, the transmission and switching sites of a domestic sea cable system and cables extending from the transmission and switching sites, international gateway sites or satellite communications center by means of theft, destruction, or other illegal means shall be subject to a term of imprisonment of at least one year but no more than seven years, and may also be fined a maximum of NT$10 million.
Those who commit the aforesaid offense with the intent to endanger national security or social stability shall be subject to a term of imprisonment of at least three years but no more than ten years, and may also be fined a maximum of NT$50 million.
Those who commit the offenses specified in the preceding two paragraphs resulting in a disaster shall be subject to an increased term of imprisonment of up to one-half; if the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment of more than seven years, and in addition may be subject to a fine of no more than NT$100 million; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment between five and twelve years, and in addition may be subject to a fine of no more than NT$80 million.
Those who negligently endanger the normal functioning of the submarine cable landing station and cables extending from the submarine cable landing station, the transmission and switching sites of the domestic sea cable system and cables extending from the transmission and switching sites, international gateway sites or satellite communications center by means of destruction or other illegal means shall be subject to a term of imprisonment of no more than six months, short-term imprisonment, or a fine of no more than NT$2 million.
An attempt to commit an offense specified in paragraphs 1 or 2 shall also be punishable.
“The cables” in the first paragraph refers to cables extending toward the sea from the submarine cable landing station, cables extending toward the sea from the transmission and switching sites of the domestic sea cable system, and cables between the submarine cable landing station and the island gateway.
Article 72-1
Those who endanger the normal functioning of the core information and communications system of the submarine cable landing station, the transmission and switching sites of the domestic sea cable system, international gateway sites or satellite communications center by any of the following means shall be subject to a term of imprisonment of at least one year but no more than seven years, and may also be fined a maximum of NT$10 million:
1. Infiltrating the computer or related communications equipment by entering a password of the account, infiltrating the protection measures of the computer, or exploiting the loopholes of the computer system without a valid reason.
2. Interfering with the computer or related communications equipment by computer programs or other electromagnetic means without a valid reason.
3. Obtaining, deleting, or altering the electromagnetic records of the computer or related communications equipment without a valid reason.
The same shall apply for those who create computer programs specifically for the perpetration of the aforesaid crimes in the preceding paragraph for their own use or for the use of others.
Those who commit any crime specified in the preceding two paragraphs with the intent to endanger national security or social stability shall be subject to a term of imprisonment of at least three years but no more than ten years, and may be subject to a fine of NT$50 million.
Those who commit the offenses specified in the preceding three paragraphs resulting in a disaster shall be subject to an increased term of imprisonment of up to one-half; if the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for more than seven years, and in addition may be subject to a fine of no more than NT$100 million; if the offense results in serious physical injury, the offender shall be subject to a term of imprisonment of between five and twelve years, and in may be subject to a fine of no more than NT$80 million.
An attempt to commit an offense specified in paragraphs 1 to 3 shall also be punishable.
Article 73
Those with significance in the market being in any of the following circumstances shall be fined not less than NT$ 1 million but not more than NT$ 10 million and shall be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively upon failure to make the necessary rectification by the prescribed deadline, or the party may have the registration abolished.
1. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 30, where discrimination has been made to other telecommunications enterprises;
2. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 31, where no interconnection, network access components or relevant telecommunications infrastructure is provided;
3. Upon a violation of Paragraph 3 of Article 31, where the party fails to comply with the ruling;
4. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 33, where the set fee has caused cross-subsidy, price squeeze or other results in terms of an abuse of the market position;
5. Upon a violation of fee control measures, implementation methods or management relevant rules set by the competent authority in accordance with Paragraph 6 of Article 33;
6. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 34, where no accounting separation system is established.
Those with significance in the market being in any of the following circumstances shall be fined not less than NT$ 5 hundred thousand but not more than NT$ 5 million and be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline, or the party may have the registration abolished:
1. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 29, where the party fails to disclose necessary information, conditions and expenses related to interconnection, network access components or use of telecommunications infrastructure;
2. Upon a violation of the rules set by the competent authority in accordance with Paragraph 4 of Article 31 with respect to the provision of interconnection, network access component or segmented network components of related telecommunications infrastructure, establishment/co-installation/adoption of network interconnection points, rate calculation or interconnection agreement terms;
3. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 32, where the party fails to draw up a template agreement or fails to have it approved by the competent authority;
4. Upon a violation of the standards set by the competent authority in accordance with Paragraph 3 of Article 34 with respect to the accounting separation methods and principles; cost separation principles; stipulation and review of accounting operating procedures; and administration management standards;
Article 74
Those who violate Paragraph 1 of Article 37 by establishing a PSTN that uses telecommunications resources without an approval will be fined not less than NT$ 5 hundred thousand but not more than NT$ 5 million; and be notified to have the use thereof suspended.
With respect to those who violate Paragraph 1 of Article 28 by establishing a PSTN that does not use telecommunications resources without an approval, the competent authority will notify it to terminate its use and to make corrections within a prescribed deadline. Those who fail to make corrections within the prescribed deadline and remain to use it will be fined not less than NT$ 5 hundred thousand but not more than NT$ 5 million and will be notified to have the use thereof terminated.
Those who violate Paragraph 2 of Article 52 by using a radio frequency that is not allocated by the competent authority will be fined not less than NT$ 5 hundred thousand but not more than NT$ 5 million and will be notified to have the use thereof suspended.
Those who interfere with the use of legal radio frequency users by engaging activities as described in the preceding paragraph shall be fined not less than NT$ 1 million but not more than NT$ 10 million and will be notified to have the use thereof terminated. Those who continue to use it upon receipt of said notification shall be
sentenced to imprisonment for not more than t2 years; in addition thereto, a fine of not more than NT$ 5 million may be imposed.
A person who endangers public safety by committing the crime as described in the preceding paragraph shall be sentenced to imprisonment for not less than 3 years but not more than 10 years.
Article 75
Those who are in any of the following circumstances shall be fined not less than NT$ 5 hundred thousand but not more than NT$ 5 million and will be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline:
1. Upon a violation of Paragraph 1 of Article 12, where losses and necessary management fees derived from telecommunications universal services are not shared;
2. Upon a violation of Paragraph 1 of Article 26, where the party fails to receive approval from the competent authority with respect to the entire or primary assigned or transferred business or assets thereof; merger with other enterprises; or the investment in other enterprises’ voting shares or capital that is above specific percentage announced by the competent authority;
3. Upon a violation of Paragraph 2 of Article 26, where the party fails to receive approval from the competent authority with respect to the assignment or transfer of business, or merger with other telecommunications enterprise;
4. Upon a violation of Paragraph 3 of Article 26, where the party fails to receive approval from the competent authority with respect to the acquisition of shares;
5. Upon a violation of the order made by the competent authority in accordance with Article 35, where no measures have been adopted;
6. Upon a violation of Paragraph 1 of Article 37, where the party fails to receive approval from the competent authority with respect to the launch of operations and implementation of an operating plan;
7. Upon a violation of Paragraph 3 of Article 37, where the party fails to submit an amended operating plan for approval.
With respect to the failure of sharing losses and necessary management fees derived from telecommunications universal services as described in Subparagraph 1, the party shall pay the overdue charges every 2 days, which is about 1% of the payable amount. However, the payable amount shall be limited to only one time more.
Those who have established PSTN and are in any of the following circumstances shall be fined not less than NT$ 5 hundred thousand but not more than NT$ 5 million; and be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline, or the approval certificate thereof will be abolished:
1. Upon a violation of Paragraph 2 of Article 39, where the PSTN used by the party has not been approved by the competent authority or the party fails to apply for an inspection on modified telecommunications infrastructure;
2. Upon a violation of the rules set by the competent authority in accordance with Paragraph 5 of Article 39 with respect to the use management of the PSTN and restrictions imposed thereon;
3. Failure to abide by the notification sent by the competent authority in accordance with Paragraph 3 of Article 40, where no correction was made within the prescribed deadline or the party continues to use the network;
4. Upon a violation of Paragraph 2 of Article 42, where the party fails to submit critical telecommunications infrastructure protection plan to the competent authority for approval within the prescribed deadline or fails to implement the approved plan.
5. Failure to abide by the notification made by the competent authority in accordance with Paragraph 3 of Article 42, where no correction has been made to the critical telecommunications infrastructure within the prescribed deadline.
6. Failure to abide by the notification made by the competent authority in accordance with Paragraph 4 of Article 42, where no improvement has been made or has been fully made within the prescribed deadline.
Article 76
Those who are in any of the following circumstances will be notified by the competent authority to make corrections within a prescribed deadline. If not, the party will be fined not less than NT$ 2 hundred thousand but not more than NT$ 2 million. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline, or the party may have the network establishment approval abolished:
1. The telecommunications enterprise violates Paragraph 2 of Article 8 by refusing a request for telecommunications services or communications relay without justifiable reasons;
2. Those who apply to establish a PSTN that use telecommunications resources violate Paragraph 4 of Article 36, where the chairman thereof is not a national of the Republic of China;
3. Those who apply to establish a PSTN that uses telecommunications resources violate Paragraph 5 of Article 36 with respect to restrictions imposed on foreigners’ shareholding percentage.
Article 77
Those who are in any of the following circumstances shall be fined not less than NT$ 1 hundred thousand but not more than NT$ 1 million and will be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline, or the party may have the approval abolished:
1. Those who apply to establish a PSTN that uses telecommunications resources violate Paragraph 1 of Article 37, where the PSTN has been modified or changed without an approval;
2. Those that violate the rules set by the competent authority in accordance with Paragraph 9 of Article 37 with respect to the establishment and use of station or restrictions imposed thereon;
3. Those who established a PSTN that does not use telecommunications resources violate Paragraph 1 of Article 38 by amending PSTN or expanding the establishment thereof;
4. Those that violate Paragraph 5 of Article 50, where the party connects to PSTN without an approval or for non-prescribed purposes;
5. Those who violate the rules stipulated by the competent authority in accordance with Paragraph 7 of Article 50 with respect to the establishment or the use management of a dedicated telecommunications network or restrictions imposed thereon;
6. Those who violate the regulations stipulated by the competent authority in accordance with Paragraph 8 of Article 52 with respect to the transmission methods and use management of interference alleviation and restrictions imposed thereon.
Equipment or devices as described in Subparagraph 2 of the preceding paragraph will be wholly or partially confiscated regardless of the owners thereof.
Article 78
Those who are in any of the following circumstances shall be fined not less than NT$ 1 hundred thousand but not more than NT$ 1 million; and be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline, or the use approval certificate will be abolished:
1. Those who violate Paragraph 1 of Article 58, where a part of the radio frequencies allocated to the party is given to other telecommunications enterprises for their without an approval from the competent authority;
2. Those that violate Paragraph 3 of Article 68, where the party uses or changes the telecommunications numbers or signal point code that are not allocated thereto;
3. Those who violate the rules stipulated by the competent authority in accordance with Paragraph 2 of Article 69 with respect to the use management of, restrictions on or adjustment to telecommunications numbers;
Article 79
Telecommunications enterprises in any of the following circumstances shall be fined not less than NT$ 1 hundred thousand but not more than NT$ 1 million and will be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline:
1. Violating Paragraph 5 of Article 6, where the party fails to make public offering for its shares;
2. Violating Paragraph 4 of Article 8, where the party fails to handle emergency or necessary communications with priority;
3. Violating the front section of Paragraph 1 of Article 9, where the communications and accounting records have not been preserved within a specific period or the party fails to keep the confidentiality thereof;
4. Violating the rear section of Paragraph 1 of Article 9, where the inquiry service in terms of their communications or accounting record has not been provided to subscribers;
5. Violating Article 10, where the party fails to submit relevant documents to the competent authority, makes a public announcement or notifies the subscribers before the suspension or termination of its business;
6. Violating Paragraph 1 of Article 11, where no immediate announcement has been made or the notified matters are not true at all;
7. Violating regulations stipulated by the competent authority in accordance with Paragraph 2 of Article 11 with respect to the scope or methods of reporting;
8. Violating Paragraph 1 of Article 13, where the party refuses to negotiate with respect to the interconnection without justifiable reasons;
9. Violating Paragraph 3 of Article 13, where the party fails to adopt appropriate confidentiality measures;
10. Violating Paragraph 4 of Article 13, where no notification has been delivered to the telecommunications enterprise with whom the party interconnects;
11. Violating Paragraph 5 of Article 13, where the party accesses or transfers voice services provided by the operator who does not register as a telecommunications enterprise;
12. Violating Article 14, where no free emergency communications service has been provided;
13. Violating Paragraph 1 of Article 15, where no info-communications security management plan has been drawn up or implemented;
14. Violating Paragraph 1 of Article 16, where no portability service or equal access service number has been provided;
15. Violating Paragraph 4 of Article 16, where the party fails to co-establish or join a centralized database management organization;
16. Violating the rules stipulated by the competent authority in accordance with Paragraph 5 of Article 16 with respect to the establishment or management of a centralized database management organization or restrictions imposed thereon;
17. Violating Paragraph 1 of Article 17, where no standard service contractual terms and conditions have been stipulated or said contract has not been approved by the competent authority before the implementation or change thereof;
18. Violating Article 18, where service quality self-evaluation has not been carried out on a regularly basis or the results thereof are not published;
19. Violating Article 19, where the consumer protection and handling methods have not been approved by the competent authority or notified to the users within a prescribed deadline;
20. Violating Paragraph 1 of Article 20, where the party fails to co-establish a telecommunications consumers’ complaint handling organization or fails to submit the articles of incorporation thereof to the competent authority for approval.
21. Violating the determination made by the competent authority in accordance with Paragraph 4 of Article 20, where the party fails to commission a telecommunications consumers’ complaint handling organization to handle telecommunications consumer complaint issues;
22. Violating the determination made by the competent authority in accordance with Paragraph 5 of Article 20, where the party fails to join a telecommunications consumers’ complaint handling organization;
23. Violating the designation made by the competent authority in accordance with Article 24, where no telecommunications universal service is provided;
24. Violating Paragraph 1 of Article 25, where the party fails to make a declaration or follow the declaration format and methods regulated by the competent authority.
Telecommunications consumers’ complaint handling organizations that are in any of the following circumstances shall be fined not less than NT$ 1 hundred thousand but not more than NT$ 1 million and will be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline:
1. Violating Paragraph 3 of Article 20, where an amended article of incorporation has been implemented without being approved;
2. Violating rules stipulated by the competent authority in accordance with Paragraph 7 of Article 20 with respect to the supervision and management of the implementation of business activities.
Article 80
Those who are in any of the following circumstances shall be fined not less than NT$ 1 hundred thousand but not more than NT$ 1 million and will be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline:
1. Failure to abide by the notification made by the competent authority in accordance with Paragraph 7 of Article 42, where the correction was not made within a prescribed deadline or the corrections were made incompletely;
2. Refusal to accept competent authority’s inspection on PSTN as prescribed in Paragraph 1 of Article 43;
3. Violating Paragraph 1 of Article 50, where a dedicated telecommunications network has been established, expanded or changed without an approval;
4. A foreigner violates Paragraph 4 of Article 50 by establishing a dedicated telecommunications network without an approval;
5. Violating Paragraph 2 of Article 65, where the party manufactured or imported controlled telecommunications radio frequency devices without an approval;
6. Violating the rules stipulated by the competent authority in accordance with Paragraph 3 of Article 65 with respect to rules governing the management of or restrictions on relevant manufacture or import activities;
7. Violating Paragraph 4 of Article 65, where the party fails to report the trail, use or status of controlled telecommunications radio frequency devices to the competent authority on a regular basis;
8. Violating the rules stipulated by the competent authority in accordance with Paragraph 5 of Article 65 with respect to the declaration procedures and management of controlled telecommunications radio frequency devices or restrictions imposed thereon;
9. Violating the order made by the competent authority in accordance with Paragraph 4 of Article 66, where the devices are not recalled or handled within the prescribed deadline;
10. Violating the order made by the competent authority in accordance with Paragraph 2 of Article 67, where the party continues to use it.
11. Violating Paragraph 4 of Article 68, where the party fails to submit it to the competent authority for reference or uses or amends the use of telecommunications numbers without approval.
12. Violating the rules set by the competent authority in accordance with Paragraph 4 of Article 71 with respect to administration management;
13. Violating Paragraph 2 of Article 90, where the party avoids, interrupts or refuses to accept the investigation.
Devices as prescribed in Subparagraphs 5, 6 and 10 of the preceding paragraph will be wholly or partially confiscated regardless of the owners thereof.
Article 81
Those who violate Paragraph 1 of Article 66 by selling controlled telecommunications radio frequency devices that have not been inspected will be fined not less than NT$ 10 thousand but not more than NT$ 2 hundred thousand; and be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline.
Telecommunications enterprises who are in any of the following circumstances shall be fined not less than NT$ 10 thousand but not more than NT$ 1 hundred thousand and will be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline:
1. The provided telecommunications services do not comply with Paragraph 1 of Article 8;
2. A violation of Paragraph 2 of Article 13, where the party fails to provide information that can facilitate the negotiation on interconnection related issues;
3. A violation of the rules set by the competent authority in accordance with Paragraph 3 of Article 15 with respect to the scope of info-communications security management, classification, inspection standards, procedures or joint-defense and response reporting operations;
4. Failure to comply with designation made by the competent authority in accordance with Paragraph 1 of Article 23, where access to required telecommunications services are not provided.
5. A violation of the Paragraph 8 of Article 49, where the party uses telecommunications equipment and relevant space for its establishment that is not examined as qualified.
Article 82
Those who are in any of the following circumstances shall be fined not less than NT$ 10 thousand but not more than NT$ 1 hundred thousand:
1. Violating Paragraph 1 or 2 of Article 41, where the party fails to select qualified telecommunications engineers;
2. Violating Paragraph 4 of Article 41, where the party fails to join a relevant association before launching the operations;
3. Violating Paragraph 1 of Article 44, where the party manufactures or imports telecommunications terminal equipment that has not been approved;
4. Violating the rules set by the competent authority in accordance with Paragraph 3 of Article 44 with respect to the labeling, printing and use of the approval label of telecommunications terminal equipment;
5. Violating Paragraph 1 of Article 51, where the amateur radio is operated by personnel without the amateur radio license;
6. Violating the rules stipulated by the competent authority in accordance with Paragraph 2 of Article 51 with respect to the call sign management and use management or restrictions imposed thereon;
7. Violating the regulations stipulated by the competent authority in accordance with Paragraph 5 of Article 66 with respect to the labeling, printing and use of approval label of controlled telecommunications radio frequency devices;
8. Violating Paragraph 4 of Article 90, where the party refuses to provide relevant information or fails to provide relevant information in the prescribed format.
Telecommunications terminal equipment as described in Subparagraph 3 of the preceding paragraph will be confiscated regardless of the owners thereof.