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

Print Time:2024/11/22 14:52
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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 II Operations of Telecommunications Business
Section 2 General Obligations
Article 8
When providing telecommunications services, telecommunications enterprises shall abide by the following rules:
1. Disclose consumer with the information regarding service conditions, telecommunications network’s quality and data transmission management methods/ conditions, in an obvious, public and reachable method.
2. The accounting items of telecommunications service and non-telecommunications service shall be clearly separated; and the telecommunications services shall not be suspended if the non-telecommunications service fees remain unpaid.
3. For a subscriber who fails to pay telecommunications service fees on time, the enterprise shall notify the subscriber of arranging the payment within a prescribed period. The enterprise may suspend telecommunications services provided thereto only if said fees remain unpaid after said period.
4. Adopt appropriate and necessary measures to protect the confidentiality of communications.
5. Ensure staff members thereof abide by the rules of confidentiality of communications.
6. Provide subscribers with consumer complaint handling channels.
Telecommunications enterprises shall not refuse a request for telecommunications services or communications relay without justifiable reasons.
The telecommunications enterprise shall not be held liable to its subscriber for any damage arising out of error, delay, interruption, suspension or failure in telecommunications services due to a failure or breakdown of the telecommunications network, unless specified otherwise in the contract. However, the service fees shall be deducted accordingly.
A telecommunications enterprise shall give priority to the handling of the following:
1. Communications to prevent disasters, provide relief or maintain order in the event of a natural disaster, or the likely occurrence of a natural disaster, accident or any other emergency;
2. Emergency communications for traffic safety, as it relates to distress signals from land, sea, or air transportation vehicles and aerial weather reports; or
3. Other emergency communications necessary for the protection of national security or public interests.
Article 9
The telecommunications enterprise shall ensure the accuracy of communications and accounting records generated from telecommunications services used by the subscribers or telecommunications service users. Said records shall be preserved within a specific period of time and the telecommunications enterprise shall ensure the confidentiality thereof. When a subscriber inquires his/her communications or accounting record, the telecommunications enterprise shall provide it thereto.
The abovementioned communications records refers to records such as the telecommunications numbers of the sender and the recipient, time of communication, length of use, address, service type, mailbox or location information generated by a PSTN after the subscriber or telecommunications service user uses the telecommunications services. The provision of said records shall also be limited to those available to be provided from the functions of the PSTN.
Rules governing the preservation period of communications and accounting records as described in the preceding two paragraphs; subscribers’ inquiry procedures; charging methods and other related matters shall be promulgated by the competent authority.
Telecommunications enterprises and those who have established PSTN are obliged to assist in the implementation of communication surveillance and in the access to communications records and communications user’s information in accordance with the Communication Security and Surveillance Act.
Article 10
Where the telecommunications enterprise desires to suspend or terminate operations in whole or in part, it shall notify the competent authority 3 months before the scheduled date of suspension or termination; and make a public announcement and notify the subscribers 1 month before the scheduled date of suspension or termination.
Article 11
Where the telecommunications enterprise is unable to provide telecommunications services due to disaster, or penalty imposed by the competent authority or other major incidents, it shall make an immediate announcement on the suspension of its operations in whole or in part and report to the competent authority according to the method prescribed by the competent authority.
Rules governing the scope and methods of aforesaid report and other related matters shall be promulgated by the competent authority.
Article 12
To protect nationals’ basic telecommunications rights and interests, telecommunications enterprises shall share the losses and necessary management fees incurred by the telecommunications universal service, except for enterprises whose annual revenue generated from telecommunications services is below certain amount prescribed by the competent authority.
The telecommunications universal service as mentioned in the preceding paragraph refers to telecommunications services with an indispensable basic quality and reasonable price that can be afforded by all nationals.
The telecommunications enterprise that is obligated to share said expenses as prescribed in Paragraph 1 shall submit the shared amount to telecommunications enterprise universal service fund according to the competent authority’s notice.
The fund, as mentioned in the preceding paragraph, does not refer to funds prescribed in the Budget Act.
Rules governing the type, quality and service area of telecommunications universal services; the calculation and sharing methods designated by the provider or for the losses; and other related matters shall be promulgated by the competent authority.
Article 13
In the principles of technical feasibility, fairness and reasonableness, a telecommunications enterprise shall not reject other telecommunications enterprises’ request for negotiation of interconnection without justifiable reasons. Where interconnection is agreed by both parties, both parties shall sign an interconnection agreement, and said agreement shall include dispute handling mechanisms.
To facilitate the signing of an interconnection agreement, the telecommunications enterprise, as mentioned in the preceding paragraph, shall, when another telecommunications enterprise makes a reasonable request, provide information that can facilitate the negotiation of interconnection thereto.
Information that the telecommunications enterprise obtains due to the negotiation of interconnection or fulfillment of the interconnection agreement as prescribed in Paragraph 1 shall be used only in interconnection relevant services. Said telecommunications enterprise shall also adopt appropriate confidentiality measures to prevent its affiliated organization or a third party from knowing or using said data. However, if the telecommunications enterprises have a separate agreement, it shall abide thereby accordingly.
Where there is any amendment to the interface of the interconnection network between telecommunications enterprises as described in Paragraph 1, it shall notify the telecommunications enterprise with which it interconnects before the amendment and provide it with necessary technical support or adjustments on the equipment to maintain the original conditions for interconnection.
The telecommunications enterprise is only allowed to access or transfers the voice services provided by the enterprise who has registered itself as a telecommunications enterprise, except for the situation where the telecommunications enterprise has signed an interconnection agreement with a foreign telecommunication enterprising for the voice services.
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