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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 I General Provisions
Article 1
This Act is enacted to ensure the sound development of telecommunications, promote the public welfare, safeguard the security of communications and protect the rights and interests of users. Matters not provided herein shall be subject to the provisions of other applicable laws.
Article 2
For the purpose of this Act, the terms adopted herein are defined as follows:
1. "Telecommunications" means convey, transmission or reception of signs, signals, writing, pictures, sounds or messages of any other nature in a wire or wireless manner through the use of optical, electromagnetic systems, or other scientific products;
2. "Telecommunications facilities" means the machinery, apparatus, lines and other related equipment used for telecommunications;
3. "Conduit Infrastructure" means the ducts, man holes, hand holes, towers, poles, main distribution frame, telecommunication equipment room and other auxiliary or related facilities required for installation of telecommunications lines, lead-in lines, telecommunication subscribers lines, and various transmission lines and circuits, whether over-pass, underground or submerged, necessary for establishment of a telecommunications network;
4. "Telecommunications service" means communication services provided via telecommunications facilities;
5. "Telecommunications enterprise" means an enterprise operating telecommunications services for public use;
6. "Dedicated telecommunications" means the telecommunications established by public or private institutions, organizations, or nationals for their exclusive use; and
7. "Government telecommunications" means the telecommunications established by a government agency for its exclusive use.
8. "Communication record" means all information generated by a telecommunications system concerning use of a telecommunications service, including calling and called party's telecommunication numbers, communication dates, beginning and ending times of communications. Such records shall be provided to the extent that the technology of the telecommunications equipment and system allows. Telecommunication numbers are defined in this paragraph as telephone numbers or user identification codes.
Article 3
The competent authority for telecommunications enterprises shall be the Ministry of Transportation and Communications (hereinafter referred to as the "MOTC").
The MOTC, for the purpose of supervising and guiding telecommunications enterprises, and regulating telecommunications, shall establish a Directorate General of Telecommunications (hereinafter referred to as the "DGT"). The organization of the DGT shall be governed by a separate law.
In order to enhance public welfare, the aforementioned DGT shall devise an integrated telecommunications development plan, supervise telecommunications enterprises, and promote the development of an information society.
Article 4
No assets or facilities of a telecommunications enterprise shall be inspected, expropriated or seized unless the law provides otherwise.
Article 5
Local governments as well as military, military police, and police authorities, including the officers thereof, shall be responsible for safeguarding telecommunications facilities. If a telecommunications enterprise is in danger of being infringed upon, the above authorities and the officers thereof shall take prompt preventive or recovery measures upon the request of the enterprise or its employees.
Article 6
Communications processed through telecommunications enterprises or dedicated telecommunications shall not be accessed or taped without authorization, nor shall the privacy thereof be violated through other illegal means.
A telecommunications enterprise shall implement appropriate and necessary measures to safeguard the confidentiality of its processed communications.
Article 7
A telecommunications enterprise or its employees, including the retired, shall hold the existence and contents of communications in strict confidence.
The preceding paragraph is not applicable to inquiries conducted in accordance with law. The DGT shall promulgate rules governing operational procedures for telecommunications enterprises to handle inquiries for communications records and users' data by relevant institutions.
Each telecommunications enterprise shall supply the relevant communications records to any subscriber who requests his own communications records, after paying necessary charges, to the extent that the technology of the telecommunications equipment and system allows. The above is not constrained by Paragraph 1. The DGT shall promulgate governing operational regulations for subscribers of the telecommunications enterprise who wish to request copies of their own communications records.
Article 8
A telecommunications user shall be held responsible for the contents of its telecommunications, and any consequent effect and/or influence.
A telecommunications enterprise may terminate the use of telecommunications by a user, whose business is providing telecommunications contents to the detriment of public order and good morals.
In case of any unsightly advertisement set up, posted or painted at will, which contains, for the purposes of advertising and propaganda, one or the other's telephone number or any other identification signs or numbers of telecommunications services, the competent authority governing such advertisement may inform the telecommunications enterprise to terminate the provision of the telecommunications service indicated in that advertisement.
Article 9
For a telecommunications enterprise, the use of telecommunications by a person without legal capacity or with limited legal capacity shall be deemed as an act performed by a person with legal capacity. Other acts resulting from use of telecommunications shall not be so construed.
Article 10
For the purpose of promoting the development of telecommunications enterprises, the competent authority may, in consultation with the Ministry of Education, establish telecommunications schools, or additional relevant departments and/ or graduate schools, in senior high or vocational schools, colleges and universities so as to develop telecommunications specialists; and may request a telecommunications enterprise to allocate a proportionate amount of its turnover for research and development.