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Title: Regulations for Administration on Type II Telecommunications Business CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter 3 Operation Administration
Section 1. General Provisions
Article 14
The operation of an operator shall not engage in any of the following acts:
1. To endanger the national security or offend against public security;
2. To offend against public order or virtuous customs;
Article 15
An operator shall prescribe the items and conditions for its services in the Code of Practice and report to the Competent Authority for records 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 subparagraphs:
1. Operating items provided by the operator
2. Fee schedule of each operating item and conditions for adjustment of fees
3. Limitation and terms for the use of the users’ data
4. Compensation scheme for damages caused to the users as a result of revocation of the operator’s permit, or suspension or termination of its business
5. Handling procedure for damages caused to the users as a result of errors, delay, interruption, or lack of signals due to the malfunction of telecommunications circuits and equipment
6. Measures in response to the users’ complaints and matters in relation to the users’ rights and interests
7. The handling way of the established subscribers’ numbers and measures to protect the rights and interests of the established subscribers when Mobile Virtual Network Service Operators encounter the abolishment of permission, temporary suspension, business termination, or changing the cooperated Mobile Network Business Operators.
8. The comparison of Quality of Service, 110 and 119 emergency call services offered by E.164 Internet Telephony Service providers with those by Local Telephone Service providers.
9. An operator providing E.164 Internet Telephony Service shall clearly disclose the rights of the customers who use the E.164 number allocated by foreign authorities.
10. Other service terms and conditions stipulated by the Competent Authority.
The service contract made between the operator and the customer shall include all items stated in the preceding paragraphs, and may not violate telecommunication related rules and the code of practice. When in breach to result in harming the interests of subscriber, the Competent Authority may order the operator to improve within a prescribed deadline.
The service contracts made between customers and Mobile Virtual Network Service Operators or E.164 Internet Telephony Service Operators, shall report to the Competent Authority for records before the announcement of the implementation thereof , and the same also applies to all subsequent amendments.
Article 15-1
Operators of Type II Telecommunications Business shall present the following documents and submit an application for approval to the Competent Authority prior to providing other telecommunications business service:
1. Related documents such as the letter of intent or memorandum of their service types or equipment.
2. System structure diagram including the arrangement of the location of the machine room, electric circuits or bandwidth. Operators that do not possess internet equipment are exempt from providing the diagram.
Article 16
Operators who are issuing the prepaid telephone card shall comply and state following subparagraphs on their products or on the package of products:
1. The name of the operator.
2. Telephone number for user complaints.
3. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
4. Manner of usage, notice and other terms designated by the Competent Authority.
Article 16-1
Mobile Virtual Network Service Operators that provide service via a prepaid card or other prepaid expenditure shall comply and state the following subparagraphs on the package of products:
1. The name of the operator.
2. Telephone number for user complaints.
3. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
4. Manner of usage, notice and other terms designated by the Competent Authority.
Mobile Virtual Network Service Operators shall freely provide the users with 110 and 119 emergency call service.
In case of a disaster or the risk of a disaster, Mobile Virtual Network Service Operators shall give priority to transmitting emergency SMS specified by the regulating authorities for disaster prevention and protection and may request the service fee from the above regulating authorities.
Emergency SMS in the preceding paragraph refers to the information of a disaster notified to those subscribers within the disaster area or the area at risk of a disaster specified by the regulating authorities of disaster prevention and protection.
The Mobile Virtual Network Service Operator shall not be held liable for the SMS content and the results in the disaster area mentioned in Paragraph 3.
The Mobile Virtual Network Service Operator shall provide the service stipulated in Paragraph 3 before December 31 2012.
Mobile Virtual Network Service Operators shall provide the equivalent class of communication service, roaming service, number portability service and equal access service to cooperate with Mobile Network Business Operators at least.
Mobile Virtual Network Service Operators shall provide communication service with an appropriate manner to called ported subscribers since the day carries out number portability service for Type I Telecommunications Business Operators in accordance with Administrative Regulations on Number Portable Service.
When Mobile Virtual Network Service Operators provide number portability service in accordance with Paragraph 3 and Paragraph 4, they shall allow using Administrative Regulations on Number Portability Service.
Mobile Virtual Network Service Operators who provide services stipulated by Paragraph 3 may provide necessary subscriber’s information to Mobile Network Business Operators with whom the operators cooperate, and Telecommunications Business and centralized database administrators that are stipulated by Administrative Regulations on Number Portable Service.
Mobile Virtual Network Service Operators shall establish the regulation in the preceding paragraph in their Code of Practice and service contract.
Article 16-2
E.164 Internet Telephony Service Operators who provide service by prepaid card or other prepaid approaches shall comply and state following subparagraphs on the package of products:
1. The name of the operator.
2. Telephone number for user complaints.
3. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
4. The comparison of quality of service, 110, 119 emergency call services offered by E.164 Internet Telephony Service providers with those by Local Telephone Service providers.
5. Manner of usage, notice and other terms designated by the Competent Authority.
E.164 Internet Telephony Service Operators shall freely provide the customers with 110 and 119 emergency call service. The routing arrangement of the emergency call service offered by E.164 Internet Telephony Service Operator shall be the same or better than Mobile Network Service Operators’.
The 110 and 119 emergency call service offered by E.164 Internet Telephony Service Operator shall be handled in the first priority.
When the technology is available and the market is ready, E.164 Internet Telephony Service Operator shall provide number portability service and Automatic Location Information (ALI) of emergency call.
Article 17
Operators who are operating the public pay phone resale service shall comply and state following subparagraphs on the public pay phone:
1. The name of the operator.
2. The name of Telecommunications Business who is accessed to or provide its network service.
3. Toll free telephone number for user complaints.
4. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
5. Manner of usage, notice and other terms designated by the Competent Authority.
A public pay phone resale service operator shall provide customers with emergency telephone services of 110 and 119 free of charge.
Article 17-1
Of operators who provide the telecommunications service by means beyond that stated in the preceding four articles in the form of a prepaid card or other repaid method, the product or number sales packaging or the website that offers the telecommunications service are to comply and state the following subparagraph:
1. The name of the operator.
2. Telephone number for user complaints.
3. The mandatory and prohibitory provisions of standard contract for telecommunications product (service) coupons.
4. Manner of usage, notice and other terms designated by the Competent Authority.
Article 18
The tariffs for the Type II Telecommunications Businesses shall be determined by operators in accordance with Paragraph 5 of Article 26 of the Telecommunications Act.
In the case where a user refuses or delays to pay the tariff, an operator shall prescribe a time limit to demand for payment of the tariff in arrears, and shall inform the user 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 the expiration of the demand period as referred in the preceding paragraph, an operator shall not disconnect the telecommunications services without proper reason.
Article 19
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.
For proceeding the evaluation mentioned in the preceding paragraph, the Competent Authority may demand an operator to provide the relevant necessary information, and an operator shall not hinder or reject the request.
Article 20
When an operator plans to suspend or terminate the whole or a part of its business, it shall report to the Competent Authority one month before the scheduled suspension or termination date for records, notify its customers and comply with the Code of Practice.
The period of suspension of business as referred to in the preceding paragraph shall no longer than one year and the operator shall report to the Competent Authority fifteen days before resuming its business for records , and of one that has not filed for business resumption, the temporarily suspended business shall be deemed as having been terminated.
Then a Type II Telecommunications Business terminated all of its business operation, the Competent Authority shall revoke its permit.