Print Time:2021/12/01 05:43
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Chapter Law Content

Chapter 4 The Establishment and Management of the Databases
Section 1 Concentrated Databases
Article 7
Operators shall collectively supervise the establishment, maintenance and management of Concentrated Databases in accordance with the following requirements:
1. Collectively establish the Management Committee of Concentrated Databases(hereinafter referred to as the Committee), and set the regulations for the organization and the operation of the Committee.
2. Formulate the coordination and testing method for the porting process of the Ported Subscribers between the Concentrated Databases Administrator(hereinafter referred to as the Administrator)and the Operators.
3. Formulate the means of notification between the Administrator and the Operators.
4. Formulated the time limit for updating the Concentrated Databases and the Ported Subscriber Databases of each Operator.
5. Formulate the process for reviewing and updating the information in the Ported Subscriber Databases.
6. Formulate the interface specifications, format and procedure for exchanging Ported Subscriber information, and the testing method for exchanging Ported Subscriber information between the Ported Subscriber Databases of each Operator.
7. Formulate the service items of the Administrator and the service quality standards.
8. Formulate relevant items such as the selection criteria and procedure for the Administrator.
9. Elect a single Administrator according to the judging standard and the judging procedure.
10. Negotiate the contract of commissioned management.
11. Formulate the system for superintendence of the Administrator.
12. Formulate the matters concerning the handover between the former Administrator and its successor and the supervision mechanism.
13. Formulate the contingency plan during the absence of an Administrator.
14. Formulate compliance items for other telecommunication enterprises participating in the committee or while using the Concentrated Databases.
15. Formulate other provisions related to the establishment and management of the Concentrated Databases.
For items that shall be performed set forth in each subparagraph of preceding paragraph, except for Subparagraph 9, the Operators shall collectively report to the competent authority for reference before implementation; the competent authority may order revision if necessary.
Operator shall collectively establish the Committee set forth in
Subparagraph 1 of Paragraph 1 upon provision of Number Portability, and the Committee is commissioned to handle items stipulated under each subparagraph of Paragraph 1.
Those that have collectively established or joined the Committee for Centralized Databases founded in accordance with the Regulations Governing Number Portability as authorized by Paragraph 4, Article 20 of the Telecommunications Act before the enforcement of these Regulations shall be deemed to comply with the provisions of Paragraph 1 and the preceding paragraph.
Article 8
Where the subscribers’ numbers of the operator are leased or borrowed, the operator that obtained the allocated subscribers’ numbers may be commissioned to handle items specified in the preceding article.
Article 9
Operators shall collectively enter into the agreement of commissioned management with the Administrator.
When the Operators or other telecommunication enterprises are using the service of the Centralized Databases, the Administrator shall enter into service agreements with them respectively. The service agreement shall be made on the basis of the contract of commissioned management, and shall not contradict the contract of commissioned management.
Article 10
The Administrator commissioned by the Operators shall be the registered incorporated foundation or company, whose chairman of the board shall be the national of Republic of China. If the Administrator is a company, it shall meet the following requirements:
1. Paragraph 5 of Article 36 of these Regulations shall apply mutatis mutandis to the total shareholding by foreigners.
2. Any Operator shall not hold above 10 % of shares with voting rights or 10% of the sum of capital.
3. It shall not have the same board chairman or over 10% of the same directors as any Operators.
4. It shall not have the same shareholders or investors who hold over
50% of the issued shares with voting rights or over 50% of the sum of capital as any Operators.
5. Any shareholder, director or employee holding over 10% of the shares of the Administrator shall not also hold over 10% of the shares of any Operator at the same time.
6. The employees of the Administrator shall not be employees of any Operator at the same time.
With the consent of over 75% of the Operators, the Administrator may be exempted from the restrictions set forth in Subparagraph 2 to Subparagraph 6 of the preceding paragraph.
The employees as referred in Subparagraph 5 and 6 of Paragraph 1 shall mean the persons who are hired by the Administrator and obtain the salary or other recompense either full-time or part-time.
Article 11
The contract of commissioned management as referred to in Subparagraph 10, Paragraph 1 of Article 7, except as otherwise prescribed in these Regulations, shall include the following items:
1. The items as referred to in Subparagraph 7 and Subparagraph 11 to Subparagraph 15 of Paragraph 1 of Article 7.
2. Dissolution of contract before expiration as the Administrator does not meet the requirement as prescribed in the preceding article.
3. The tariff rates or the tariff charging mechanism for Administrator’s service.
4. The Administrator shall not refuse the application of any Operator or other Telecommunications Enterprises, and shall treat them on the principle of impartiality and reasonableness.
5. The Administrator shall cooperate with the supervision of the competent authority.
6. The effects of violation of the commissioned management contract.
Article 12
Operators shall perform the daily operation of the Administrator and the superintendence of the hand-over of the Administrator in accordance with the
provisions set forth in Article 7.
Article 13
The term of commissioned management of the Administrator is five years at most, and the term of office may be renewed; the Operators shall complete the contract renewal or reelection of the Administrator within six months one year before the Administrator’s expiration of the term of office.
Article 14
Operators shall inform the new elected Administrator to amend any violations of Article 10 within a specified time limit. Where the Administrator failed to make such amendments within the time limit, the Operators shall remove the Administrator from office and reelect a new Administrator.
Article 15
If the Administrator could not be reelected successfully, the Operators shall perform the contingency plan in accordance with the provisions set forth in Subparagraph 13, Paragraph 1of Article 7.
Article 16
Operators shall bear joint liability for their joint actions in accordance with the provisions set forth in these Regulations.
Article 17
The service quality of the Centralized Databases shall meet the following requirements:
1. Maintain normal operation at least 99.9% of the time all the year, and in normal condition, the service shall not be suspended over two hours each month.
2. Maintain at least 99.5% accuracy of the information.
3. It shall be equipped the preparatory rescue system, and the time for cutting over shall not be over ten minutes.
4. When the material obstacle of system occurs, the time for revert function in part shall not exceed 24 hours, and the time for revert function totally shall not exceed 48 hours.
Revert function in part as referred to Subparagraph 4 of the preceding Paragraph means that the Concentrated Databases recover the function of receiving, managing and informing information for Number Portability. Revert function totally means that the Concentrated Databases recover all the function as it provides in normal condition.
Section 2 Ported Subscriber Databases
Article 18
Operators shall state in the contract of commissioned management that the Centralized Databases Administrator shall perform the following items:
1. Perform the required notifications in accordance with Subparagraph 3, Paragraph 1of Article 7.
2. Maintain the accuracy of Ported Subscriber information in accordance with Subparagraph 4, Paragraph 1 of Article 7.
3. Perform the exchange of Ported Subscribers’ data between Concentrated Databases and Ported Subscriber Databases of Operators according to the interface specifications, format and procedure for exchanging Ported Subscriber information, and the testing method for exchanging Ported Subscriber information set forth in Subparagraph 6, Paragraph 1 of Article 7.
Article 19
Operators shall manage their Ported Subscriber Databases in accordance with the following requirements:
1. Ensure and periodically check data accuracy, security and normal operational function of the Ported Subscriber Database.
2. Ensure and periodically check the normal operation of function and equipment required for the exchange of Ported Subscriber information.
3. Establish complete data backup and preparatory rescue measures.
4. Establish and preserve for at least six months historical records of data updates.
5. Perform the testing for data exchange of the Ported Subscriber Database upon the request of other telecommunication enterprises who have set up Ported Subscriber Databases.
Article 20
Except otherwise stipulated in Subparagraph 2, Paragraph 2 of Article 6, Operators shall deploy two sets of Ported Subscriber Database equipment and any other equipment necessary for exchanging Ported Subscriber information.
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