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

Print Time:2024/12/05 03:22
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Chapter Law Content

Title: Telecommunications Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter V Penalties
Article 56
Unauthorized access or use of another person's telecommunications facilities to communicate either through wire-based, wireless or other electromagnetic means, for personal gains or benefits of a third party, shall result in imprisonment of not more than five years, with a possible fine of not more than NT$1,500,000.
Manufacturing, altering or importing telecommunications equipment for unauthorized access or use of another person's telecommunications facilities, either for personal gains or benefits of a third party, shall result in imprisonment of one to seven years, with a possible fine of not more than NT$3,000,000. The same penalties shall also be applicable to sale, transfer, rental or lending of telecommunications equipment for such purposes.
Possession of telecommunications equipment for perpetrating a crime by oneself or a third party shall result in imprisonment of not more than three years, with a possible fine of not more than NT$500,000.
Inchoate violators of the first and second paragraphs shall be penalized too.
Article 56-1
Violators of Paragraph 1 of Article 6 regarding infringement on others' secrecy of communications shall be penalized with imprisonment of not more than five years, with a possible fine of not more than NT$1,500,000.
The legal representative or service personnel of a telecommunication enterprise who takes advantage of opportunity of his business to commit the aforementioned crimes shall be penalized with imprisonment of six months to five years, with a possible fine of not more than NT$2,000,000.
The inchoate violators of the first two paragraphs shall be penalized.
The violator of the first paragraph shall be subject to prosecution instituted only upon complaints.
Article 57
An operator of a Type I telecommunications enterprise who violates paragraph 1 of Article 12 shall be subject to an imprisonment penalty of not more than three years, detention, and/or a fine of not more than NT$10,000,000.
Article 58
Anyone who sets up or uses a radio broadcast station or TV station to send radio frequency signals in violation of paragraph 5 of Article 46, that results in disturbing legal utilization of radio waves shall be penalized with imprisonment of not more than two years, detention, and/or a fine of not more than NT$600,000.
Anyone who arbitrarily uses or alters radio frequency in violation of paragraph 1 of Article 48 without authorization shall be penalized with detention, and/or a fine of not more than NT$200,000.
Anyone who has committed the aforementioned offence, thereby disturbing legal utilization of radio waves, shall be penalized with imprisonment of not more than two years, detention, and/or a fine of not more than NT$600,000.
Article 59
Representatives, agents or employees of a juristic person who commits any of the offenses under Articles 56 through 58 shall be penalized. In addition, the juristic person shall be fined according to the provision(s) violated.
Article 60
Violators of Articles 56 through 58 shall have their telecommunications equipment confiscated regardless of whether these are owned by the offender or not.
Article 61
A telecommunications enterprise that fails to contribute to the universal services fund as stipulated in paragraph 3 of Article 20, shall be fined three to five times of the required contribution amount, and served notice to contribute within a prescribed time period. Failure to make the contribution within the prescribed time frame shall, in MOTC's discretion, result in annulment of franchise or permission.
A telecommunications enterprise that fails to pay its franchise fee or permission fee shall be fined additionally one percent of such fee as default penalty for every two days of late payment. After thirty days of default, the telecommunications enterprise shall be notified to pay up such fee within a prescribed time period. Any further overdue thereafter may result in annulment of franchise or permission.
A radio frequency user who fails to pay its usage fee shall be fined additionally one percent of such fee as default penalty for every two days of late payment. After thirty days of default, the telecommunications enterprise shall be notified to pay up such fee within a prescribed time period. Any further overdue thereafter may result in annulment of usage of that radio frequency.
Any failure to pay up as stipulated in the preceding three paragraphs the contribution to the universal service fund, franchise fee, permission fee, frequency usage fee and default penalty after receipt of notification to make payment within a prescribed time period shall be referred to the Court for compulsory execution.
Article 61-1
Violators of paragraph 2 of Article 20.1 regarding usage or alteration of the telecommunication number without authorization, or violation of regulations enacted by the DGT in accordance with paragraph 6 of Article 20.1, shall result in a fine of NT$100,000 to NT$3,000,000, together with a notice to comply within a prescribed time frame. Failure to comply within the prescribed time frame may result in consecutive fines until full compliance, or partial or full suspension of the violator's operations, or annulment of its franchise or permission.
A telecommunication enterprise or other telecommunication number user who fails to pay the number usage fee shall be fined additionally one percent of such fee as default penalty for every two days of late payment. After thirty days of default, the telecommunications enterprise or user shall be notified to pay up such fee within a prescribed time period. Any continued failure to pay thereafter may result in regular suspension or annulment of the permission for use.
Failure by a Type I enterprise to provide the service of number portability or equal access stipulated in paragraph 4 of Article 20.1, or violateion by it of regulations enacted by the DGT in accordance with paragraph 4 of Article 20.1, shall result in a fine of NT$300,000 to NT$3,000,000, together with a notice to comply within a prescribed time frame. Failure to comply within the prescribed time frame may result in consecutive fines until full compliance, or partial or full suspension of the violator's operations, or annulment of its franchise.
Violation of regulations enacted by the DGT in accordance with paragraph 7 of Article 20.1 shall result in a fine of NT$300,000 to NT$3,000,000 together with a notice to comply within a prescribed time frame. Failure to comply within the prescribed time frame may result in consecutive fines until full compliance, or partial or full suspension of the violator's operations.
If the telecommunication fees and default penalty stipulated in paragraph 2 are not paid within the prescribed time frame as notified, the case shall be referred to the courts for compulsory execution.
Article 62
A Type I telecommunications enterprise that violates paragraph 3 of Article 12, or fails to comply with paragraph 6 of Article 12 as stipulated by the MOTC, shall be fined NT$500,000 to NT$2,500,000 if it failed to comply after a notice to comply within a prescribed period of time. If such telecommunication enterprise still failed to comply after further notification to request such compliance therewith within a prescribed period of time, its franchise approval shall be annulled.
Article 62-1
If a Type I telecommunication enterprise had committed any of the following acts, it shall be penalized with a fine of NT$300,000 to NT$5,000,000, together with a notice to comply within a prescribed time frame. Failure to comply within the prescribed time frame may result in consecutive fines until full compliance, or partial or full suspension of its operations, or annulment of its franchise:
1. violation of paragraph 1 of Article 19;
2. violation of principles set forth by the MOTC in accordance with provision of paragraph 2 of Article 19;
3. failure to provide universal services as instructed by the MOTC in violation of paragraph 1 of Article 20;
4. violation of regulations set forth by the MOTC in accordance with provision of paragraph 3 of Article 26;
5. violation of paragraph 4 of Article 26;
6. violation of paragraph 1 of Article 26.1;
7. violation of paragraph 2 of Article 31 to reject the request of sharing infrastructure for lines and pipes without appropriate reasons; or
8. evading, obstructing or rejecting inspections by the DGT, refusing to provide materials, or refusing to show up to present opinions to the same agency as mandated in Article 55.
In the event of commission of any of the following acts, the violator shall be penalized with a fine of NT$300,000 to NT$1,500,000, together with a notice to comply within a prescribed time frame. Failure to comply within the prescribed time frame may result in consecutive fines until full compliance, or partial or full suspension of the violator's operations, or annulment of its franchise or permission:
1. A Type I telecommunication enterprise rejects interconnection with another telecommunication enterprise in violation of paragraph 1 and 7 of Article 16;
2. Violation of paragraph 3, 4, 5, or 7 of Article 16 by failing to comply with an arbitral decision of the DGT within 2 months from the date of notice of the decision;
3. Violation of regulations enacted by the DGT in accordance with paragraph 9 of Article 16.
Article 63
Violation of regulations enacted by the MOTC in accordance with paragraph 6 of Article 14 shall result in a fine of NT$300,000 to NT$3,000,000, together with a notice to comply within a prescribed time frame. Failure to comply within the prescribed time frame may result in consecutive fines until full compliance, or annulment of its franchise .
Article 64
Violation of paragraph 1 of Article 17 to operate a Type II telecommunications enterprise shall result in a fine of NT$200,000 to NT$1,000,000, and, in DGT's discretion confiscation of the telecommunications equipment thereof.
Violation of the regulations enacted by the MOTC in accordance with paragraph 2 of Article 17 shall result in a fine of NT$200,000 to NT$1,000,000, together with a notice to comply within a prescribed time frame. Failure to comply within a prescribed time period shall, in MOTC's discretion, result in annulment of its permission.
Article 65
A fine of not less than NT$100,000 and not more than NT$500,000 shall be imposed under any of the following circumstances:
1. suspension or termination of business operations, transfer of the enterprise or its assets, interlocking investments or mergers consummated without prior approval in violation of Article 15;
2. failure to acquire approval for its business rules, or failure to comply with the approved business rules in violation of paragraph 1 of Article 27;
3. violation of paragraph 1 of Article 46 or the regulations enacted by the MOTC pursuant to paragraph 3 of Article 46;
4. violation of paragraph 1, paragraph 2 of Article 47 or the regulations enacted by the MOTC pursuant to paragraph 3 of Article 47;
5. violation of paragraph 4 of Article 47 by a foreigner who sets up dedicated telecommunications without seeking special approval on a case-by-case basis;
6. unauthorized establishment of telecommunications networks in violation of paragraph 5 of Article 47, or violation of regulations enacted by the DGT pursuant to paragraph 5 of Article 47;
7. violation of paragraph 1 of Article 48 or regulations enacted by the MOTC pursuant to paragraphs 1 of Article 48;
8. unauthorized manufacture or importation of controlled telecommunications radio frequency devices, or failure to report the model numbers and amount of such controlled devices thereof to the MOTC for reference in violation of paragraph 1 of Article 49;
9. violation of regulations enacted by the MOTC pursuant to paragraph 2 of Article 49; or
10. unauthorized manufacture, importation, sale, or public display of controlled telecommunications radio frequency devices without type approval or inspection in violation of paragraph 3 of Article 49.
Violations of subparagraph 3 to 10 of the preceding paragraph may additionally result in confiscation of devices in part or in whole, and annulment of franchise, permission, grant or license issued thereto.
The confiscation of devices pursuant to the stipulation of the preceding paragraph shall be imposed to the property of anybody.
Consecutive penalties until full compliance may be applicable to violations of subparagraph 1, 2, 6 or 8 of paragraph 1.
Article 66
A fine of not less than NT$60,000 and not more than NT$300,000 shall be imposed under any of the following circumstances:
1. a telecommunications enterprise in violation of instructions issued by the DGT pursuant to Article 28 or Article 40;
2. a telecommunications enterprise in violation of Article 41; or
3. violations of the regulations for type approval and inspection enacted by the DGT pursuant to paragraph 2 of Article 50.
Consecutive penalties until full compliance may be applicable to violations of subparagraph 1 or 2 of the preceding paragraph.
Article 67
A fine of not less than NT$30,000 and not more than NT$300,000 shall be imposed under any of the following circumstances.
1. Failure to file operational rules for records in violation of paragraph 2 of Article 27
2. Failure to place operational rules at the place of its business and on its websites by a telecommunications enterprise in violation of paragraph 1 of Article 28
3. Importation or sale of uninspected telecommunications terminal equipment in violation of paragraph 1 of Article 42
4. Failure to join the relevant association in violation of paragraph 3 of Article 43; or operations of relevant telecommunications construction projects without disposing the qualified telecommunications engineers in violation of paragraph 4 of Article 43
5. Violation of regulations enacted by the competent authority pursuant to paragraph 4 of Article 48
6. Violation of the instructions issued by the competent authority pursuant to Article 52
7. Evasion, obstruction or rejection by a party other than a Type I telecommunications enterprise to comply with the inspections conducted by the competent authority pursuant to the provision of Article 55, or such failure of the same party thereof to provide relevant information, or to present opinions as requested.
Confiscation of equipment may be imposed for violations of subparagraph 3 of the preceding paragraph. Suspension of operations shall be imposed for violations of subparagraph 4.
Unauthorized installation or possession of controlled telecommunications radio frequency devices in violation of paragraph 1 of Article 49 shall be penalized with a fine of not less than NT$10,000 and not more than NT$50,000, as well as the possible confiscation of its equipment.
Confiscation of equipment or devices pursuant to two preceding two paragraphs shall be imposed to the property of anybody.
Consecutive penalties until full compliance may be imposed for violations of subparagraph 1, 2, 4 to 7 of paragraph 1.
Article 67-1
Any local network operator or other third person who violates paragraph 3 or 4 of Article 38.1 will be notified and required to make corrections within a given period. In the event that the violation continues to exist at the expiry of the given period, the said person shall be penalized with a fine no more than NT$300,000 and no less than NT$30,000 and may be penalized repeatedly until improvement is made.
Any violations of the regulations enacted by the DGT in accordance with paragraph 2 of Article 42 with respect to the renewal or replacement of certification approval, the affixing, marking and use of Approval Label, and the supervision and administration of inspection will be penalized with a fine no more than NT$300,000 and no less than NT$30,000.
Anyone who, in violation of Article 51, arbitrarily initiates radio operations without obtaining an amateur radio operator license from the MOTC, or violates regulations enacted by the MOTC in accordance with Article 51 with respect to the administration of amateur radio operators, and other compulsory rules, shall be penalized with a fine no more than NT$50,000 and no less than NT$10,000.
Article 68
The MOTC may mandate the DGT in charge of imposition of fines, confiscation, annulment of franchise, grant or licenses, notification of removal or compliance within a prescribed period time as provided for therein. However, the DGT shall be responsible for the imposition of penalties stipulated under Article 61.1, paragraph 2 of Article 62, subparagraph 8 of paragraph 1 and paragraph 2 of Article 62.1, Article 64, subparagraph 6 and 10 of paragraph 1 of Article 65, Article 66, subparagraph 1, 3, 5 and 6 of paragraph 1 and paragraph 2 of Article 67, and annulment of permission of Type II telecommunications enterprises.
Those whose certificate has been annulled in accordance with this Act shall, upon receipt of notice, return the certificate to the DGT within the prescribed time period; in the event of failure to make such return by the prescribed deadline, an announcement of cancellation shall be made.
If a fine is imposed pursuant to this Act is not paid within a prescribed time frame as notified, the case shall be referred to the courts for compulsory execution.
If a violation punishable pursuant to this Act carries a more severe punishment under the stipulations of another law, the other law shall be applied accordingly.
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