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

Print Time:2024/11/25 02:03
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Chapter Law Content

Chapter 3 Operation Administration
Section 1 General
Article 32
The operator is to carry out the implementation as per the content of its business plan. However, the operator is not allowed to carry out any implementation when the content of said business plan is in breach of legal or regulatory stipulations or exceeds the scope of its concession operation.
When changes are made to the content of the business plan, the operator is to state the reason and submit a comparison table on the content of changes and other documents specified by competent government authorities to file for an approval by competent government authorities, provided that none of the changes made would affect the performance bond or all liabilities as stated in the initial business plan.
The foresaid change categories subject to declaration for approval are to include the followings:
1.The operating categories.
2.The operating regions.
3.The scheduled business commencement date.
4.The circuit leasing transmission network scale or the network development capacity planning as specified under Article 22 to Article 22-3 of the administrative regulations.
5.The development of various systems (including the network management and maintenance support system) and the main exchange equipment’s installation site, make installation quantity and timetable.
6.The development of the wireless radio system’s exchange station and the station’s operating frequency, equipment make and installation quantity.
7.The anticipated launching schedule of the various services and the development of the service functionalities.
8.Measures for safeguarding the user’s equity.
9.Other items so specified by competent government authorities.
Of any change to the shareholdings held by foreign shareholders as stated in the content of the business plan, the operator is required to voluntarily declare the information with competent government authorities.
The stipulations set forth in the preceding paragraph 1 to paragraph 4 will also apply when the applicant has surpassed the competent government authorities’ view but prior to obtaining the concession license.
Article 32-1
Operators shall not install, in part or in whole, fixed telecommunications network equipment without approval from the competent authority.
If the telecommunications network facilities are added or altered after the carrier acquires concession, the carrier shall submit the detailed network development plan to the competent authority for approval. After the addition or the alteration is completed, the carrier shall apply to the authority for a technical examination of the telecommunications network. After passing the examination, the authority shall issue a certificate to prove the passing of the telecommunications network technical examination and allow the telecommunications network facilities to operate. The operator shall complete the implementation as per the content of its network development plan, and in the wake of any change category as enlisted under Paragraph 3, Article 32, the operator is required to state the reason and submit other documents specified by competent government authorities to file for approval from competent government authorities.
When the addition or change of the foresaid telecommunications network should involve addition or change to the business service categories, the operator shall state in the network development plan the service categories and the anticipated service starting date.
Article 33
The telecommunications facilities installed by an operator shall meet the telecommunications equipment technical requirements.
The telecommunications facility technical requirements as referred to in the preceding Paragraph shall be promulgated by the competent authority.
The telecommunications terminal equipment provided by a local network business operator to users to connect to the multimedia content transporting platform shall comply with the “Technical Specifications for Set-Top Boxes for Multimedia Content Distribution Platform on a Fixed Telecommunications Network” promulgated in accordance with Paragraph 1 of Article 42 of the Regulations.
Article 34
The telecommunications facilities installed by an operator shall comply with the following regulations:
1. Operators shall sufficiently protect the privacy of users.
2. Operators shall maintain appropriate quality of communications.
3. Operators shall not damage the facilities of users or other public communications network.
4. Operators shall have a precise point of division of liabilities between its telecommunications facilities and the facilities of other public telecommunications network.
5. Operators shall have a precise point of division of liabilities between its telecommunications facilities and the facilities of users.
6. The switching equipment for voice of E.164 number Internet telephony and local telephony shall provide country code CLIP (Calling Line Identification Presentation) function in inbound international call and blocking inbound international call service by trusted user.
7. The switching equipment for the international network for voice shall provide a function of blocking the receiving of specific international calls.
The point of division of liabilities as referred to in item 4 of the preceding Paragraph shall be reported by the operator to the competent authority for records.
The point of division of liabilities as referred to in item 5 of the preceding Paragraph shall be determined pursuant to the relevant provisions under Article 15 of the Rules for Installation of the Telecommunications Facilities Inside/Outside the Buildings of Subscribers.
An operator shall provide the service of item 6 and item 7 of the Paragraph 1 from 1st Jan 2012.
Article 35
In the case of any violation of the preceding two Articles, the competent authority shall require the operator to undertake corrective measures within a prescribed period of time.
Article 36
During the construction of network infrastructure facilities for its fixed telecommunication network, where other laws or regulations require that relevant permits, licenses, approvals or consent of other competent or administrative authorities be obtained, an operator or an applicant who has received the approval for establishment shall comply with the provisions of such other laws or regulations.
Where there is a need for an operator to collocate its lines on the duct or other relevant facilities owned by public utility enterprises so as to construct its fixed telecommunications network, the operator shall so proceed in accordance with the relevant laws and regulations.
Except as otherwise provided in the relevant laws or regulations, the expenses and other terms or conditions for collocation as referred to in the preceding Paragraph shall be subject to the negotiations between the operator and the public utility enterprises in a fair and reasonable manner. If the negotiations cannot be successfully concluded, the competent authority may, upon application, coordinate the matter by consultation with the competent authority having jurisdiction over the business of such public utility enterprises.
Article 37
During the construction of network infrastructure facilities for its fixed telecommunication network, where the bottleneck facilities in the telecommunications network cannot be self-constructed or substituted for by other available technologies within a reasonable period of time, an operator or an applicant who has received the approval for establishment may request for sharing of network infrastructure facilities with operators of fixed network telecommunications business who have the possession of bottleneck facilities.
The request for sharing of network infrastructure facilities pursuant to the preceding Paragraph shall not be rejected by such other operator without due reason.
Operators shall mutually negotiate, in an equal and reciprocal manner, the terms and conditions with regards to the charges for sharing of network infrastructure facilities, management and maintenance of the shared portions, the handling procedures for damages to or interruption of telecommunications in the shared portions, quality and safety of telecommunications, point of division of liabilities and other relevant matters. The sharing agreement shall be reported to the competent authority for records within one month after the execution thereof. In the event where an agreement is not concluded within three months after the negotiations are commenced, or the negotiations are not commenced within one month after the request is made, either party may request for mediation by the competent authority.
The bottleneck facilities as referred to in Paragraph 1 shall be approved and promulgated by the competent authority.
Article 38
In order to facilitate the effective use of telecommunication network resources, operators or applicants who have received approval for establishment shall form and establish, upon the competent authority's direction, a task force for coordinating the construction of network infrastructure facilities, so as to coordinate the negotiations for planning, construction and sharing of network infrastructure facilities.
Article 39
The frequency applied by an operator or an applicant who has received approval for establishment that is required for construction of microwave links and fixed wireless loop equipment may be approved and distributed by the competent authority according to the relevant regulations, depending upon the relevant technological development and the situation where frequency resources are used.
In the case where the concession of an operator is revoked or abolished, the approval for use of radio frequency shall forthwith be revoked or abolished by the competent authority.
Article 40
A local network business operator that installs Telecommunications equipment and its space for subscriber buildings shall do so in accordance with Regulations Governing the Installation and Use of Telecommunications Equipment and its space for Buildings.
Article 41
An operator shall appoint a person who possesses the qualification certificate of advanced telecommunications engineer to be responsible for and supervise the construction, maintenance and operation of its telecommunications network, and to sign and ratify the construction logs and maintenance logs.
The construction logs and maintenance logs as referred to in the preceding Paragraph shall at least be preserved for at least one year. An operator shall provide them for examination by the officials dispatched by the competent authority.
Article 42
The tariffs for the fixed network telecommunications businesses shall be determined by operators in accordance with Administrative Regulations Governing Tariffs of Type I Telecommunications Enterprises and Article 26 of the Telecommunications Act.
Article 42-1
An operator providing subscribers with a dial-up service to download videos, pictures, audio, data or messages via operator-self-assigned simplified numbers, or via allocated telecommunication numbers by the competent authority, shall inform the subscriber of the tariff right after the call has been established, and prompt the subscriber that he should immediately quit using the service if he does not agree to the tariff. After which, the operator is permitted to begin charging.
An operator cooperating with another organization to provide the service as referred to in the preceding Paragraph shall report to the competent authority with records regarding 1) the cooperator, 2) cooperating method, and 3) the simplified or telecommunication number used, within 7 days before the service is online.
Since the service as referred to in Paragraph 1 is online, the operator shall perform a daily test on its service content and keep the test record for one month in preparations for random inspections by the competent authority. If necessary, the competent authority may demand an operator to cooperate accordingly to test the telecommunication terminal equipment.
If the service content does not coincide with that had been reported to the competent authority for records, the Operator shall cease the supplying of the service in compliance with the written notification of the competent authority.
Article 43
By and between any two operators, when one requests for network interconnection with another, except as otherwise provided by the laws and regulations, the other cannot refuse.
The matters relating to arrangement for network interconnection, calculation of fees, and negotiations and conciliation procedures, and so on, as referred to in the preceding Paragraph shall be made in accordance with the Regulations Governing Network Interconnection among Telecommunications Enterprises promulgated by the competent authority.
Article 44
In order to safeguard the basic telecommunications rights and interests of nationals, the competent authority may designate an operator to provide universal telecommunications services. The designated operator cannot reject.
An operator shall be required to share the losses resulting from universal telecommunications services and the necessary management fees relating thereto according to the relevant regulations.
The matters relating to specific service items of universal telecommunications services, determination of the universal services areas, designation of the operators for provision of universal services, calculation of the net cost for providing universal services and the method for allocation, the ratio for universal services contribution, the procedures for applying subsidy, and so on, shall be made in accordance with the Regulations Governing the Universal Telecommunications Services promulgated by the competent authority.
Article 45
A dominant carrier in the fixed network telecommunications market shall not engage in any of the following acts:
1. improperly determine, maintain or change the prices or the manner for provision of telecommunications services;
2. without proper reason, refuse requests made by other telecommunications enterprises or subscribers for lease of circuits;
3. without proper reason, provide other telecommunications enterprises or subscribers with discriminatory treatment;
4. without proper reason, refuse requests made by other telecommunications enterprises or subscribers for negotiations or testing;
5. conduct other acts by abusing its market standing.
Article 46
An operator shall, depending upon the business engaged by it, establish an accounting system which can separately calculate its assets, liabilities, income, cost and profit and loss.
The accounting system established pursuant to the preceding Paragraph shall enable an operator to provide the costs of engaging in local network business, local distance network business, international network business and leased-circuit business as well as the costs of providing unbundled network element.
Article 47
The accounting system and accounting handling of an operator shall be made in accordance with the Guidelines for Type I Telecommunications Enterprises Accounting System and Accounting Handling promulgated by the competent authority.
Article 48
An operator shall, within six months after the end of each fiscal year, report the relevant information relating to its business, financial and telecommunications equipment to the competent authority for records. The relevant information reported by an operator shall not have any false entries.
The categories, contents, formats and methods for submission of the relevant information as referred to in the preceding paragraph shall be determined by the competent authority.
Where necessary, the competent authority may demand an operator to provide the relevant information relating to its business, financial and telecommunications equipment or dispatch officials to examine the conditions of its business, financial and telecommunications equipment, to which an operator shall not hinder or reject.
Article 49
An operator shall provide the existence and contents of communications for the purpose of investigation or collection of evidence upon requests in accordance with the legal procedures.
The supervision of communication content as referred to in the preceding Paragraph shall be undertaken in accordance with the Communication Protection and Interception Act.
Article 49-1
Operators shall maintain the records of local network telecommunications for at least three months, and the records of long distance network telecommunications as well as international network telecommunications for at least six months.
Operators shall provide the records as maintained in the preceding paragraph accordingly upon application of personal inquiry by subscribers.
Article 49-2
The operator is to verify and catalog the user’s information, and may only activate the access upon uploading the information onto the operator’s system pending further verification, who is required to retain the information at least one year after the service contract has been terminated; when inquired by relevant government agencies legally, the operator is to supply the information. The operator, when verifying and cataloging the subscriber information of government agencies, public schools and state-run enterprises, may utilize an agency (institution)’s official document letterhead as the proof of documentation.
The foresaid subscriber’s information is to encompass information of the subscriber’s name, other form of proof of identity document number other than the uniformed identification card, address, assigned number, and so forth.
The foresaid identification document number, in the case of an application filed by a foreign national refers to the passport number or other form of proof of identify document number; of an application filed by an incorporated entity, it refers to the uniformed company registration number and the representative’s uniformed identification card number.
The entry of the subscriber information as stated in paragraph 1 is to be completed within a two-day period following the operator accepts the application.
Article 50
An operator shall prescribe the terms and conditions for its services in the code of practice and report to the competent authority for approval before the announcement of the implementation thereof. The code of practice shall be furnished respectively at its business locations and websites for consumers' review. In the case of any changes relating thereto, the same rule shall apply.
The code of practice as referred to in the preceding Paragraph shall stipulate fair and reasonable service terms and conditions, which shall include the following:
1. Service items provided by the operator
2. Fee schedule of each service item and conditions for adjustment of fees
3. Limitation and terms for the use of the subscribers' data.
4. Compensation scheme for damages caused to the subscribers as a result of revocation or abolishment of the operator's concession, or suspension or termination of its business.
5. Handling procedure for damages caused to the subscribers as a result of errors, delay, interruption, or lack of signals due to the malfunction of telecommunications lines and equipment.
6. Measures in response to the subscribers' complaints and matters in relation to the subscribers' rights and interests.
7. Other service terms and conditions.
The competent authority may direct the telecommunications enterprise to change the code of practice within a prescribed time frame, if it infringes upon consumers' rights and benefits, and appears apparently unfair.
The standard service contract to be entered into by and between an operator and its subscribers shall include the particulars set forth in Paragraph 2 and be reported to the competent authority for approval before the implementation thereof and shall not be contrary to telecommunications laws and regulations or code of practice. The same rule shall apply to any change relating thereto.
Operators shall carry out a copy of service contract to make respectively with the subscribers in accordance with verification.
Any change or modification to the standard service contract between an operator and its subscribers shall be announced via the media before the implementation thereof.
Article 50-1
Should the telecommunications line equipment malfunction due to disaster or any other major incident, and results in one of the following situation, the operator shall provide a report in accordance with Paragraph 2 and shall disclose the status of obstacles and methods to manage damage to users in accordance with Paragraph 4.
1. More than 10,000 city network business users interrupted service for more than thirty minutes.
2. More than a thousand long circuit interrupted service for more than thirty minutes.
3. The domestic and international sea cable system interrupted service for more than thirty minutes.
The operator shall comply with the following procedures when reporting obstacles as described in the preceding paragraph:
1. Notify users, via a message, the status of an obstacle within 15 minutes after the said disaster / incident.
2. Enter the status of obstacle and progress of maintenance in the competent authority’s Telecommunications and Broadcasting Major Incident and Damage Reporting System within two hours after the said disaster / incident; and, prior to solving the issue, provide status reports and repair progress every three hours. However, any significant change to the status shall be reported at any time.
Where the operator is unable to conduct the reporting work as described in the preceding paragraph, the operator may submit a report by fax, telephone, email or other methods.
Within an hour after the circumstance specified in Paragraph 1 occurs, the operator shall disclose the status to users through broadcasting, television, internet and other electronic media. The said status shall include the cause of obstacle, affected areas, and estimated time of completing the repair work and restoration of services. Within an hour after completing the repair work and restoration of services with regard to the malfunction as described in Paragraph 1, the operator shall disclose the damage handling methods to users in accordance with Subparagraph V of Paragraph 2 of Article 50.
The competent authority may reward or subsidize operators that have proactively implemented disaster prevention and mitigation works and those that have been evaluated as an extraordinary operator by the government
Article 50-2
Within three months upon receipt of the competent authority’s notification, the operator shall make an inventory of its telecommunication infrastructure in accordance with Annexed table 1. Operators that are deemed as having critical telecommunications infrastructures according to the inventory results shall conduct a self-assessment of critical infrastructure, and submit Annexed table 2 to 4 to the competent authority for approving the items and level.
Operators that fail to specify infrastructure items in the above-mentioned appendixes shall undertake corrective action within a prescribed period of the competent authority.
Within three months upon receipt of the competent authority’s approval for its critical infrastructure items and level, the operator shall complete the critical infrastructure protection plan according to the following provisions.
1. Operators of level 1 critical infrastructure shall submit a report to the competent authority for approval.
2. Operators of level 2 critical infrastructures shall submit a report to the competent authority for reference.
3. Operators of level 3 critical infrastructure shall adopt their own control measures.
The above-mentioned operators who fail to specify prerequisite details of the level 1 or level 2 critical infrastructure protection plan shall undertake corrective action within a prescribed deadline as notified by the competent authority.
The operator shall conduct regular drills according to its critical infrastructure protection plan and prepare a written record. The record shall be preserved for 5 years.
The competent authority may request an operator to conduct drills according to its critical infrastructure protection plan; the competent authority shall then conduct an evaluation of the performances of the operator in the drill. Where an improvement is required according to the evaluation results, the operator shall undertake corrective action within a prescribed deadline as notified by the competent authority.
Article 51
An operator shall be fair in providing its services, and shall not reject an application for provision of services within the operation area in which it has been approved to operate the fixed network telecommunications business.
Article 52
In the case where there is a change or amendment to the service contract form between an operator and its subscribers, the operator shall announce the contents relating thereto through media before the implementation thereof.
Article 53
In the case where a subscriber refuses or delays to pay the tariff, an operator shall prescribe a time limit to demand payment of the tariff in arrears, and shall inform the subscriber that the services will be disconnected in accordance with the service contract if the tariff in arrears is not paid before the prescribed time limit.
Before expiration of the demand period as referred in the preceding Paragraph, an operator shall not disconnect the telecommunications services without proper reason.
Article 54
For a fixed telecommunications network operated by an operator, its quality of customer services and quality of network performance shall comply with the quality of service requirements set out by the competent authority.
Depending on actual needs, the competent authority may proceed with evaluation by itself or by engagement of a private institution, and may periodically announce the evaluation report with respect to the quality of service of the respective operators.
Article 55
In the case where an operator suspends or terminates the whole or a part of its business, it shall report to the competent authority six months before the scheduled suspension or termination date for approval and shall notify its subscribers three months before the scheduled suspension or termination date. Where an operator is approved by the competent authority to terminate all of its business, the competent authority shall forthwith abolish its concession.
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