Chapter 3 Operation Administration
Section 1: Technical Supervision
Article 37
Applicants or operators shall use telecommunications numbers in accordance with provisions of the Regulations Governing the Numbering of Telecommunications.
Article 37-4
The Operator shall provide Emergency Calls of 110 and 119 to subscribers for free.
The Operator shall give priority to calls at 110 or 119.
Article 37-5
The operator shall provide equal access service in accordance with related provisions of the Regulations Governing Equal Access Service.
Article 38
After the operator completes the 1900MHz Digital Low-Power Wireless Telephone system and accesses telecommunication equipment online, the operator shall report and apply to NCC for examination and approval.
Before the examination and approval the operator should examine the network and record the results; the period of examination cannot be less than one month.
If the system exchange facilities are added or altered after the carrier acquires concession, the carrier shall report to the authority for approval. After the addition or the alternation is completed, the carrier shall apply for the system technical examination to the authority. After passing the examination, the authority shall issue a certificate to prove the passing of the system technical examination and allow the system exchange facilities to operate.
The technical standard of aforementioned Paragraph 1 shall be promulgated by NCC.
Article 39
The 1900MHz Digital Low-Power Wireless Telephone Communication System settled by the operators can be examined regularly or non-regularly by NCC.
Article 44
If the base stations settled by operators disturb by outer radio signal with the result of communications interrupt or the quality goes down, the operators should solve and improve by themselves.
If the operator's frequency interfere with incumbent radio station, the operator shall negotiate with the incumbent radio station operators for adjust. If the negotiation failed, the operators can report to NCC for arbitration, and all operators should obey the decision of NCC.
Article 45
The telecommunications facilities installed by an Operator shall comply with the following requirements:
1. Operators shall sufficiently protect the correspondence privacy of subscribers.
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 provide country code CLIP (Calling Line Identification Presentation) function in inbound international call and blocking inbound international call service by trusted user.
In the case of any violation of the 1900MHz Digital Low-Power Wireless Telephone in accordance with the preceding Articles, the authority shall order to improve or confine its use within a time limit.
An Operator shall report the point of division of liabilities to NCC for records as referred to in item 4 of the Paragraph 1.
An Operator shall provide the service of item 5 of the Paragraph 1 from 1st Jan 2012.
Article 47
An Operator shall appoint the 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 one year. An Operator shall provide them for examination by the officials dispatched by NCC.
Section 2: Service Administration
Article 49
An Operator shall act according to the contents of its business plan. In case of change of the contents thereof, an Operator shall state the reasons to apply with NCC for approval and provide that in no event shall such change prejudice the performance bond and any of the responsibilities set forth in the original business plan.
The change items those are required to report for approval as referred to in the preceding Paragraph shall be promulgated by NCC.
The provisions set forth in Paragraphs 1 shall also apply to an applicant who win the bid and prior to issued the franchise License.
Article 50
Operators who provide the roaming service shall report to the NCC to be approved.
Article 51
An Operator shall be fair in providing its services, and shall not reject an application for provision of services within the authorized operational area in which it has been approved to operate the mobile telecommunications business.
The NCC can restrict the operator to accept the customer’s application for the service number with the same ID. The operator shall comply with the provisions from the NCC.
Article 52
The operators shall decide the tariffs for this business in accordance with the Administrative Regulation Governing Tariffs of Type I Telecommunications Enterprises base on Article 26 of the Telecommunications Act.
Article 53
In the case where a Subscriber 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 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
An Operator shall prescribe the terms and conditions for its services in the Code of Practice and report to NCC for conveyance to NCC 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 particulars:
1. Service items provided by the Operator
2. Fee schedules of each service items and the 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 abolish 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 NCC 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 NCC 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. Those who operate service of this business with pre-paid card or other pre-paid fees shall be the same.
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 54-1
Operators with their own arranged simple code or assigned telecommunications number by the NCC to provide subscribers for dialing up to download video, images, audio, data or SMS shall explain the billing to the subscribers before providing services and approved by them before charging.
Operators cooperated with other agencies to provide the preceding services shall submit the object of their collaboration, cooperation and the use of short codes or telecommunications number to the NCC for reference to provide the services before seven days. When the stated items have changed, they shall be submitted to the NCC too.
From the day of provideing the services in Paragraph 1, the operators shall check the explained billing daily and keep records a month for irregular audit from the NCC. When necessary, the NCC can order the operators to provide those telecommunications terminal equipment and follow up the check.
When the provided services do not comply with the submitted issues to the NCC, the operators shall stop providing the services according to documented notice from the NCC.
Article 55
For a 1900MHz Digital Low-Tier Cordless 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 NCC.
Depending on actual needs, NCC 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 56
Operator whose operation improperly or the service quality is harmful to the user's advantage, it should be improved in the time limit that notified by the NCC.
Article 57
Between any two Operators, when one Operator requests for network interconnection with the other's network, except as otherwise provided by the laws and regulations, the other cannot reject.
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 Regulations Governing Network Interconnection among Telecommunications Enterprises promulgated by NCC.
Article 58
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 under the Communication Protection and Interception Act.
Article 58-1
Operators shall maintain the records 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 58-2
Operators shall verify and record subscriber’s information and shall keep such in its archive system for future reference before the service is provided. Operators shall reserve it for at least one year after the service contract is terminated. Operators shall provide such records if related government agencies inquire according to law. Those who operate this business service with advance card or other advance fees shall be the same.
Subscriber’s information in the preceding paragraph includes information on User’s Name, ID Card Number, passport number, other Identifiable ID document number, Address and Number Allotted.
Operators shall further enroll the subscribers’ information under Paragraph 1 of this Article in its archive system within two days upon the submission of such information.
Article 59
Operator who operating the service business by pre-pay card or other pre-paid tariffs method should check the users' data weekly, if there is a matter that user has started using the service without providing the user's data, the operator should notify the user complete the data in one week, if the user failed to complete in the time limit, the operator should suspend the communication services.
The aforementioned regulations should record in the Code of Practice and standard service contract.
Article 60
An Operator shall, within 4 months after the end of each fiscal year, report the relevant information relating to its business, financial and telecommunications equipment to NCC 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 NCC.
Where necessary, NCC 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 61
In the case where an Operator suspends or terminates the whole or a part of its business, it shall report to NCC four months before the scheduled suspension or termination date for approval and shall notify its Subscribers three month before the scheduled suspension or termination date. Where an Operator is approved by NCC to terminate all of its business, NCC shall forthwith abolish its concession.
Article 62
If operators suffered the revocation of thereof operating franchise approvals, the NCC should revoke or abolish the radio frequency band.