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

Print Time:2024/11/22 07:43
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Chapter Law Content

Chapter 3: Operational Management
Section 1: Technical Supervision
Article 51
The applicant or the carrier shall use the telecommunications numbers according to related regulations of Regulations Governing Telecommunications Numbers.
Article 52
Mobile Telephone Business Operators shall provide subscribers with a free emergency call service with 110 and 119.
Mobile Telephone Business Operators shall handle 110 and 119 emergency communications as priority.
Mobile Telephone Business Operators shall transmit emergency SMS service to subscribers within the disaster area specified by the regulating authorities of disaster prevention and protection and shall build and maintain the system running properly.
In case of a disaster or the risk of a disaster, Mobile Telephone Business Operators shall transmit emergency SMS specified by the regulating authorities of disaster prevention and protection as priority and may request the service fee to the regulating authorities.
Emergency SMS in the preceding paragraph refers to the information of 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 Operator shall not be held liable for the SMS content and the results in the disaster area.
The Operator shall provide the service stipulated in Paragraph 3 before December 31 2012.
Article 52-1
Should the telecommunications line equipment malfunction due to disaster or any other major incident, and results in over a thousand people not being able to access the telecommunications services for more than 30 minutes, the operator shall provide a report in accordance with Paragraph 2 and shall disclose the status of obstacles and methods to manage damage to users in accordance with Paragraph 4.
The operator shall comply with the following procedures when reporting obstacles as described in the preceding paragraph:
1. Notify users, via a message, the status of an obstacle within 15 minutes after the said disaster / incident.
2. Enter the status of obstacle and progress of maintenance in the competent authority’s Telecommunications and Broadcasting Major Incident and Damage Reporting System within two hours after the said disaster / incident; and, prior to solving the issue, provide status reports and repair progress every three hours. However, any significant change to the status shall be reported at any time.
Where the operator is unable to conduct the reporting work as described in the preceding paragraph, the operator may submit a report by fax, telephone, email or other methods.
Within an hour after the circumstance specified in Paragraph 1 occurs, the operator shall disclose the status to users through broadcasting, television, internet and other electronic media. The said status shall include the cause of obstacle, affected areas, and estimated time of completing the repair work and restoration of services. Within an hour after completing the repair work and restoration of services with regard to the malfunction as described in Paragraph 1, the operator shall disclose the damage handling methods to users in accordance with Subparagraph V of Paragraph 2 of Article 71.
The competent authority may reward or subsidize operators that have proactively implemented disaster prevention and mitigation works and those that have been evaluated as an extraordinary operator by the government.
Article 52-2
Within three months upon receipt of the competent authority’s notification, the operator shall make an inventory of its telecommunication infrastructure in accordance with Annexed table 1. Operators that are deemed as having critical telecommunications infrastructures according to the inventory results shall conduct a self-assessment of critical infrastructure, and submit Annexed table 2 to 4 to the competent authority for approving the items and level.
Operators that fail to specify infrastructure items in the above-mentioned appendixes shall undertake corrective action within a prescribed period of the competent authority.
Within three months upon receipt of the competent authority’s approval for its critical infrastructure items and level, the operator shall complete the critical infrastructure protection plan according to the following provisions.
1. Operators of level 1 critical infrastructure shall submit a report to the competent authority for approval.
2. Operators of level 2 critical infrastructures shall submit a report to the competent authority for reference.
3. Operators of level 3 critical infrastructure shall adopt their own control measures.
The above-mentioned operators who fail to specify prerequisite details of the level 1 or level 2 critical infrastructure protection plan shall undertake corrective action within a prescribed deadline as notified by the competent authority.
The operator shall conduct regular drills according to its critical infrastructure protection plan and prepare a written record. The record shall be preserved for 5 years.
The competent authority may request an operator to conduct drills according to its critical infrastructure protection plan; the competent authority shall then conduct an evaluation of the performances of the operator in the drill. Where an improvement is required according to the evaluation results, the operator shall undertake corrective action within a prescribed deadline as notified by the competent authority.
Article 53
The authority shall conduct regular or irregular examination on the third generation mobile telecommunications system established by the carrier.
Article 54
(deleted)
Article 55
If the radio frequency used by carriers is interfered by the radio frequency of the legally established base station that is not used for this business, carriers shall try to negotiate with the establisher of the legally established base station. If an agreement cannot be reached, the issue shall be reported to the authority for resolution. Users of different frequencies shall obey the resolution made by the authority.
Article 56
When connecting facilities established by the carrier with those of other public communications networks, the carrier shall comply with the following regulations:
1. Operators shall sufficiently protect the privacy of users.
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.
If any of the above regulation is not followed, the authority shall order to improve or confine its use within a time limit.
An Operator shall provide the service of item 5 of the Paragraph 1 from 1st Oct 2011.
Article 57
(deleted)
Article 58
(deleted)
Article 59
(deleted)
Article 60
When the carrier’s concession is revoked or canceled, the authority shall revoke or cancel its radio frequencies.
Article 61
The carrier and those who acquire the establishment approval shall obey the authority's command to organize a negotiation group together of the mobile telecommunications construction to negotiate the shared items of network connection, internet roaming, and the co-built or co-located base stations.
Article 62
The carrier shall employ the advanced engineers qualified to the regulations to take responsibility and to supervise the construction, maintenance, and utilization of telecommunication facilities. The engineers have to sign for approval in construction logs or maintenance logs.
The construction logs or maintenance logs mentioned in the preceding paragraph shall be preserved for at least one year. When the authority designates representatives to conduct the examination, the carrier shall provide them.
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