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

Print Time:2024/11/24 00:02
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Chapter Law Content

Title: Regulations for Administration of Mobile Communications Businesses CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter 4: Business Administration
Article 63
Mobile Phone Service Operators shall provide equal access service in accordance with related provisions of the Regulations Governing Equal Access Service.
Article 64
(deleted)
Article 65
(deleted)
Article 66
(deleted)
Article 67
Operators shall provide services in a fair manner, and may not refuse the public's requests to provide these services within their approved operating areas.
The competent authority may restrict the number of service user numbers granted by operators on the basis of applicants' ID card uniform invoice number; operators shall comply in accordance with the regulations of the competent authority.
Article 68
Operators who establish network interconnection between Mobile Communication Network and other Type I Telecommunications Business shall conduct pursuant to Regulations Governing Network Interconnection among Telecommunications Enterprises.
Article 69
Operators shall determine tariffs in accordance with Administrative Regulations Governing Tariffs of Type I Telecommunications Enterprises, based on Article 26 of the Telecommunications Act.
Article 69-1
When operators provide users dial-up download of video, images, audio, data, and short messages using operator-assigned abbreviated numbers or telecommunications numbers assigned by the competent authority, the operator must explain the fee assessment method to users priority providing services and must obtain users' consent before assessing fees.
When operators provide the services in the foregoing paragraph in cooperation with other organizations, they must, within seven days prior to providing service, report to the competent authority for future reference concerning their cooperating partners, cooperation methods, and abbreviated numbers or telecommunications numbers used, and must do likewise in the case of changes.
Operators must perform daily testing of the fee assessment method explained to users starting from the day the services in Paragraph 1 are provided, and must preserve records for one month in order to allow the competent authority to perform occasional audits. When necessary, the competent authority may order an operator to allow the testing of telecommunications terminal equipment used to provide services.
When the content of an operator's services is inconsistent with the items filed for future reference by the competent authority, the operator shall cease providing the service(s) in question pursuant to written notification from the competent authority.
Article 70
In order to promote basic communication rights and interests of a national as well as provide remote area with basic communication service so that can reach the target of Telecommunications popularization, Operators shall pay Telecommunications Business Universal Service Fund in accordance with the Administrative Regulations on Telecommunications Popular Service.
Article 71
Operators who provide roaming Telecommunications service shall file to the authority for approval.
Article 72
Operators shall provide those who investigate or search the evidence and inquire the contents of Telecommunications in accordance with legal procedure.
The control items of Telecommunications in the preceding paragraph shall conduct in accordance with the Communication Security and Control Act.
For a record of Telecommunications communication in the paragraph 1, Operators shall reserve six months at least.
Article 72-1
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 73
Operators shall check and record user information, and may activate services only after such information has been saved in the operator's system data files. User information must be preserved for at least one year after the termination of a user's service contract. Operators shall provide user information for queries made by government agencies in accordance with law. These regulations shall also apply when these services are provided employing prepaid cards or pre-payment method.
The user information in the foregoing paragraph must include user name, address, the numbers of two documents verifying identification, and assigned telecommunications number.
The numbers of two documents verifying identification referred to in the preceding paragraph, in the case of an applicant being a domestic natural person, shall refer to the user’s ID number and passport number, or either the ID number or passport number and a number of another form of identification that suffices to identify the individual; in the case of an applicant being a foreign natural person, numbers of two documents verifying identification shall refer to the user’s passport number and Alien Permanent Resident Certificate (APRC) number, or either the passport number or the APRC number, and a number of another form of identification that suffices to identify the individual; in the case of an applicant being a legal person, non- legal person or company, numbers of two documents verifying identification shall refer to the verifying document of legal person, non- legal person or company number and the representative’s ID number, the passport number or APRC number.
Those who cannot accord with the required two forms of documentation shall be handled in accordance with other laws and regulations.
Entry of the user data in Paragraph 1 shall be completed within two days after the operator accepts a user's application.
Article 74
Operators who operate service of this business with advance card or other advance fees shall double-check subscriber’s information weekly. If the subscribers have activated service without user information, Operators shall inform the subscribers of the mend within one week. If the subscribers do not comply past a time limit, Operators shall suspend communication.
Operators shall establish their operation constitutions and a copy of unofficial service contract pursuant to the preceding paragraph.
Article 75
Accounting system and accounting procedure for Operators shall conduct pursuant to Type I Telecommunications Business Accounting System and Accounting Handling Criteria stipulated by the authority.
Article 76
If the subscribers refuse or delay to pay fees, Operators shall hasten the subscribers to pay fees with accumulated debts in considerable time and inform the subscribers will stop providing service in accordance with service contract if they don’t pay fees with accumulated debts in stipulated time.
Before time to hasten has expired in the preceding paragraph, Operators shall not stop providing communication service with the reasons to pay fees with accumulated debts.
Article 77
The authority that manages to operate this business shall order Operators to provide and dispatch the following forms:
1. Those about business.
2. Those about financial capability.
3. Those about Telecommunications equipment.
Article 78
Operators shall establish operation constitutions related to service to file to the authority with shifting to the authority verified for promulgation to bring into force, and prepare each operation location and website for subscriber review; it shall be the same if making change.
Operation constitutions in the preceding paragraph shall establish a condition of service with fairness and reasonableness, and record the following items:
1. The items of service provided by Operators.
2. Charging standard of each service and condition to adjust fees.
3. Limitation and condition used by basic information of the subscribers.
4. Operators who suffer from punishment of special authorization to abolish and suspend or terminate their operation, sufficient to damage the subscriber’s rights and interests with compensation.
5. Owing to failure and blockage of Telecommunications line equipment so that fault, delay and interruption occur or handling can’t send to cause damage.
6. For handling of subscriber’s pleading and other items related to the subscriber’s rights and interests.
7. Other Service Conditions
For operation constitutions that damage consumer’s rights and interests or reveal to lose fairness, the authority shall order Telecommunications business to change within a time limit.
A copy of service contract established between Operators and the subscribers shall record each item in paragraph 2 to file to the authority for verification prior to carrying out, and shall not violate Telecommunications Act and Operation Constitutions; it shall be the same if making change.
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 advance card or other advance fees shall be the same.
Operators who change or modify a copy of service contract with the subscribers shall promulgate the media about the contents before taking effect.
Article 79
For Operators that operate this business, service of quality for subscribers and network performance shall conform to the standard of service of quality and the related technical standards established by the authority.
The authority shall depend on actual requirements to review by it or entrust with social groups and shall promulgate a review report of service of quality for each Operator regularly.
Article 80
When Operators operate inappropriately or provide service of poor quality sufficient to damage subscriber’s rights and interests, they shall improve with a time limit informed by the authority.
Article 81
If planning to suspect or terminate all or one part of business, Operators shall file to the authority for approval three months prior from the day that is expected to suspend or before terminating and inform the subscribers thirty days ago of suspending approval or before terminating.
When Operators terminate all of business with approval by the authority, the authority shall abolish special authorization.
When Operators cannot reopen during expiration of the course for suspending operation or terminate business, the authority shall deal with appropriateness if necessary.
Article 82
If Operators take upon themselves to lease or transfer the ownership of one part or all of business with special authorization, the authority shall inform of improving within a time limit. Those that do not improve to go past a time limit shall abolish special authorization.
If Operators suffer from punishment to cancel or abolish special authorization, the authority shall cancel or abolish the allotment of radio frequency channel.
Radio frequency channel equipment of Telecommunications equipment control established by Operators in the preceding paragraph shall conduct pursuant to Article 13 of the Administrative Regulations on Controlling Telecommunications Radio Frequency Channel Equipment.
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