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

Print Time:2024/11/24 09:41
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Chapter Law Content

Chapter II Fee Controls
Section 2 Fee approval procedure and management
Article 9
For the establishment or adjustment of primary fee announced by the competent authority, the telecommunications enterprise with significant market power shall report to the competent authority for approval 14 days prior to the scheduled effective day of implementation, disclose fee information via press media, its website, announce at public places and/or any other appropriate way on the next day of approval letter receipt, and implement the approved fee on the intended day of implementation. However, the implementation shall be 7 days from the day of announcement if the intended day of implementation is 7 or more days earlier than the day of announcement.
The preceding paragraph shall apply to the promotional scheme provided by the telecommunications enterprise with significant market power that include primary fee items.
Article 10
The following shall be submitted when the telecommunications enterprise with significant market power apply for the approval of primary fee pursuant to the preceding article:
1.Detailed description of establishment or adjustment fees, operating income and expenditures, break-even analysis, and old-new fees' checklist;
2.Effective date or scheduled date of implementation;
3.The applicable time period if an implementation period has been specified;
4.The name of location if a location of implementation has been specified.
Article 11
If the telecommunications enterprise with significant market power decides not to implement or decides to terminate the primary fee
established or adjusted as approved or a promotional scheme specified in Paragraph 2 of Article 9, the reason to do so shall be submitted to the competent authority for approval. If such a decision has been announced and disclosed, an additional announcement shall be made via press media, its website and business places where the previous announcement was made. No additional announcement shall be required if the announcement of the decision has not been made.
Article 12
If the telecommunications enterprise with significant market power intends to implement a combination rate, package rate or volume discount rate and the constituent fee includes the primary fee announced by the competent authority, the requirements from Article 5 through the preceding article shall apply.
The combination rate mentioned in the preceding paragraph refers to the combination of different fee items for the same telecommunications service provided by a telecommunications enterprise where subscribers may select from different combinations of rates; the package rate shall be the combination of different telecommunications service fees where subscribers may select from different combinations of rates; and the volume discount rate shall be the different discounted rates provided by an telecommunications enterprise to subscribers for the same telecommunications service fee where the discount is provided based on the different levels of traffic volume used by the subscribers.
When the telecommunications enterprise with significant market power apply for approval of fee pursuant to these Regulations and the telecommunications service is a service item specified in Paragraph 1 of Article 8, stipulating that a wholesale price shall be established, the corresponding wholesale price shall be submitted together with the associated cost analysis data.
Article 13
If any of the following circumstances occurs with regards to the primary fee reported or implemented by the telecommunications enterprise with significant market power, the competent authority may order corrective action to undertaken:
1.The establishment or adjustment of the fee violates Accounting Standards and Regulations for the Telecommunications Enterprise with Significant Market Power and Regulations of Interconnection for Telecommunications Enterprise with Significant Market Power;
2.Violation of the formulas specified in Article 2, Article 5, Article 6 or Article 7;
3.Violation of Paragraphs 3 and 4, Article 8.
For the change of fee rate by the telecommunications enterprise with significant market power pursuant to the preceding paragraph, if the rate before change is higher than that after change, the amount of overcharge shall be returned to subscribers within 3 months from the next day that the order to change has been received from the competent authority.
Article 14
The telecommunications enterprise with significant market power shall submit detailed information regarding the establishment or adjustment of fees for a given year of implementation to the competent authority according to the primary fee items announced by the competent authority within three months following the end of each year of implementation.
Article 15
For the establishment, adjustment of fee and its promotional scheme provided by the telecommunications enterprise with significant market power, except for the primary fee announced by the competent authority, the complete fee information shall be announced via the press media, websites, and business places, and shall be disclosed fully in an appropriate manner prior to the effective date of such implementation; the same shall apply to its cancellation.
For the fee of the telecommunications enterprise with significant market power and its promotional scheme mentioned in the preceding paragraph, if infringement of consumers’ interests or unfair competition occurs, the competent authority may order corrective action to be undertaken within a prescribed period.
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