Chapter 4 Providing Telecommunications Services for Called Ported Subscribers
Article 19
The Originating Network Operator shall access routing information by proper method to provide communications services for the called Ported Subscribers since the implementation date of Number Portability under the provisions set forth in Article 6 or Article 13.
The Originating Network as referred to in the preceding Paragraph means that the network of the Operator of the originating Ported Subscriber. But the following Telecommunications Originating Network shall be defined as:
1. Long-distance Telecommunications: long-distance Network.
2. International Telecommunications Voice Service: International Network.
The Originating Network Operator may commission other Operator to implement the proceedings as referred to in Paragraph 1, the commissioned Operator may charge for relevant fees from the Originating Network Operator.
The Originating Network of International Telecommunications non-voice service shall be defined in accordance with the following provisions:
1. If the implementation of non-voice services by international networks is technically feasible , the international networks shall be defined as Originating Networks .
2. If the above-mentioned implementation by international networks is not technically feasible , the Recipient Operator shall negotiate with the Donor Operator or operators that have been assigned original telephone numbers by the NCC .
The negotiation between operators as specified in Item 2 of the preceding Paragraph shall be based on the following principles :
1. If communication can be effectuated technically, the Originating Network Operator with the obligation of implementation mentioned in Paragraph 1 shall collect related expenses from the Recipient Operator, and Paragraph 3 is preclusive. The above-mentioned collection of expenses shall meet the principles of equality, reciprocity, and fair treatment to related operators , and be regulated according to the network interconnection agreements negotiated and signed by both parties . If the negotiations cannot be successfully concluded, either party shall apply to the NCC for arbitration according to the Regulations Governing Network Interconnection among Telecommunications Enterprises.
2. If communication can not be effectuated technically, the Recipient Operator shall inform recipient users that there is no international telecommunications non-voice services when ported subscribers apply for porting .
3. The Recipient Operator may negotiate with third-parties who is not Donor Operators or operators that has been assigned original telephone numbers by the NCC for providing international telecommunications non-voice services, and access the services providing by the third-parties . The above is not constrained by Item 2 of Paragraph 4 and Item 1 of proceeding Paragraph.
Article 20
The Fixed Network Operator and the Mobile Operator shall provide communications services for the called Ported Subscribers by means of database query method since the following time schedule:
1. Fixed Network Operators: January 1, 2003.
2. Mobile Operators: Since the implementation date of Number Portability under the provisions set forth in Article 13.
The database query method as referred to in Paragraph 1 means that access routing information from the Ported Subscriber Database before the communications links are set up.
The Originating Network Operator shall negotiate with other Operator to provide communications services for the called Ported Subscribers through the network of the said Operator, the one who accesses routing information from the Ported Subscriber Database before the communications links of that network, which connecting to the network of the receiving Ported Subscriber, may be regarded as in accordance with the requirement of complete the implementation of database query method for providing communications services for the called Ported Subscribers.
The Databases prescribed in the preceding three Paragraphs shall not be the Concentrated Databases, except as otherwise in other laws and regulations or in emergency situation that has been granted by the NCC.
Article 21
Among or between Fixed Network Operators, Mobile Operators and those two kinds of Operators shall complete the negotiation of the setting method of Network Codes and routing information prior to the implementation time schedule of database query method pursuant to paragraph 1 of the preceding article, and shall submit the result to the NCC by written form for reference prior to the implementation of database query method.
The Network Code as referred to in the preceding Paragraph shall apply for authorization in accordance with the Regulations Governing Telecommunications Numbers.