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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 III Telecommunications Construction and Management
Section 1 Acquisition and Use of Land
Article 31
When a Type I telecommunications enterprise engages in the construction of infrastructure for the lines and pipes of its fixed networks, it may request co-location for its lines and pipes with the facilities at the bottleneck of telecommunications networks with the owners of such facilities for a charge.
With respect to the request of using the infrastructure described in the preceding paragraph, the party being so requested shall not reject such request without due cause.
Article 32
Type I telecommunications enterprises or government agencies which establish dedicated telecommunications facilities may use public and private land and buildings for establishment of conduit infrastructure and terminal equipment. Governmental authorities shall not reject a request to use public land or buildings without due cause. If any such use of land or buildings causes material damage, appropriate compensation shall be made. The location and manner of use shall be the least harmful to governmental entities and owners, occupants or users of such land or buildings.
Type I telecommunications enterprises or government agencies which establish dedicated telecommunications facilities may use rivers, embankments, roads, public forest or other public-use land and public buildings for establishment of radio stations; provided that such establishment was necessary and proper, does not impair the original effective uses of such land or buildings, and prior approval from the authorities concerned has been requested. The authorities concerned shall not reject such request without due cause.
Construction or restoration by Type I telecommunications enterprises or government agencies which establish dedicated telecommunications facilities shall comply with the regulations enacted by authorities concerned.
As referred to in the preceding Paragraphs 1 and 2, public land and buildings shall be provided on a priority basis to facilitate the construction of conduit infrastructure, terminal equipment, and radio stations unless the use of privately owned land would be impossible to avoid or such construction on/in public land or buildings would be difficult. However, senior high schools (senior vocational school) and lower level educational institutions shall not be subject to requests of Type I telecommunications enterprises to construct outdoor base stations (OBS).
The Executive Yuan shall evaluate and publicize the performance of the construction of conduit infrastructure and radio stations on/in lands and buildings managed or possessed by the central and local government authorities and state-owned enterprises every year.
In the event that the private building to be used in accordance with paragraph 1 is an apartment building, the approval of the apartment building management committee shall be obtained. Provided that there is no management committee, the permission of each owner shall be obtained and Article 8, paragraph 1 of the Statute for Management of Apartment Buildings shall not apply to such approval.
The central and local government authorities shall assist Type I telecommunications enterprises in constructing conduit infrastructure.
Regarding the new construction of conduit infrastructure and terminal equipment, Type I telecommunications enterprises shall jointly establish a Conduit Infrastructure Deployment Negotiating Group which shall negotiate matters related to the planning, application, construction and facilities-sharing of conduit infrastructure. If necessary, the MOTC may mediate the aforementioned matters.
Article 33
If the local urban development plan or rural development plan fails to allocate land for public telecommunications facilities necessary to establish switching offices in particular locations or the land reserved for public telecommunications facilities by the local urban development plan or rural development plan is not sufficient for use, Type I telecommunications enterprises or government agencies which establish dedicated telecommunications facilities, may select an appropriate location based on community development and population distribution, and apply to the MOTC for approval of the selected location, and further apply to the local construction authority for permission to proceed with construction which construction shall not be subject to urban zoning regulations or regulations on the use of non-urban land.
To accommodate the needs of radio communications construction, a Type I telecommunications enterprise or a government agency which establish dedicated telecommunications facilities may, with payment of compensation, erect radio stations on private buildings, provided that such use shall not affect the safety of the building concerned.
In the event that the building to be used in accordance with the preceding paragraph is an apartment building, the approval of the apartment building management committee shall be obtained; provided that if there is no management committee, the permission of each owner shall be obtained. Article 8, paragraph 1 of the Statute for Management of Apartment Buildings shall not apply to such approval.
Article 34
To ensure free transmission of radio waves from the antenna of major radio facilities such as satellite communications and microwave communications, the MOTC may, in consultation with the Ministry of the Interior, select a method or designate a certain area which will cause the least damages, and then, following approval from the Executive Yuan, issue a public notice prohibiting or restricting any construction that may jeopardize free transmission of radio waves in such an area.
The MOTC shall, in consultation with relevant authorities, impose measures to regulate and/or restrict power transmissions and distribution systems that induce voltage harmful to telecommunications facilities.
Article 35
On-duty personnel of a Type I telecommunications enterprise or government telecommunications may, upon presentation of proper identification, be given priority access in the event of any holdups or slowdowns at checkpoints and customs stations.
Article 36
In order to survey, install or maintain lines, employees of a Type I telecommunications enterprise or government telecommunications may pass through agricultural or residential land except those that are fenced or have enclosing walls which obstruct free access. If any buildings or vegetation are damaged as a result of such passage, the Type I telecommunications enterprise or the agency establishing government telecommunications shall verify the damage and tender appropriate compensation. Disagreements shall be conciliated by the local government.
Article 37
A Type I telecommunications enterprise or an agency establishing government telecommunications may, after notifying the property owner, cut down, trim or transplant plants that impede or are likely to impede the survey, installation or maintenance of lines. In cases of emergencies, prior notification is not required.
The above trees or plants shall be cut, trimmed or transplanted in a manner that results in the least damage. In the event of any damage, the enterprise or agency responsible shall verify the damage and tender appropriate compensation. Disagreements shall be conciliated by local government.
Article 38
When constructing a building, the builder shall install indoor and outdoor telecommunications equipment according to the regulations and shall allocate a telecommunications room and other spaces for the installation of telecommunications equipment. But buildings announced by the DGT are not subject to this restriction.
The aforementioned telecommunications equipment includes entrance conduit, main distribution box, customer-premises distribution block, distribution box, telecommunications cable and other equipment that a user must install within the demarcation point of responsibility in accordance to user’s needs of telecommunications service.
In the event that an existing building lacks sufficient telecommunications facilities or space for the installation of telecommunications equipment that results in the failure of the said building to comply with the telecommunications service requirements, the owner of the building shall consult with a local network operator that provides telecommunications service and make improvements accordingly.
The telecommunications equipment and space installed for the use of the said building, in accordance with the requirements set forth in first and the aforesaid paragraphs, shall be connected to and used by the local network operators at no charge subject to user’s needs of telecommunications service in the said building.
A local network operator before using the telecommunications equipment installed in the telecommunications room of the building must obtain prior consent of the owner of the building to provide telecommunications service for outside users of the building. The local network operator shall negotiate with the owner for an appropriate compensation.
Regulations governing the indoor and outdoor telecommunications equipment and spaces that must be installed within a building, its installation and use, the determination of the demarcation point of responsibility, defined range of buildings within a community, and other related matters shall be made by the MOTC in consultation with the Ministry of Interior. The installation of the indoor and outdoor telecommunications equipment of the building shall comply with the technical specifications as announced by the DGT.
The blueprint of the design for the telecommunications equipment of a building and related space for its installation shall be examined by the DGT before applying for the commencement of the construction. The DGT shall inspect the said equipment and space after completion of the building.
The DGT may engage institutions with telecommunications expertise to conduct examination of design for the installation and its space of telecommunications equipment in a building and inspection of its completion as stipulated in the above paragraph.
Rules governing the qualifications of the institutions with telecommunications expertise as stipulated in the above paragraph, the delegated authority, cancellation or termination of the engagement, and supervision related to the engagement shall be made by the DGT.
Article 38-1
Facilities of public fixed telecommunications outside the demarcation point of responsibility of users building installed and maintained by the local network operators who provide telecommunication services. However, connection of the network infrastructure between buildings of a community must be installed by the building constructor or the owner and maintained by the owner.
The telecommunications equipment set up in accordance with the aforesaid article must be installed by the building constructor or the owner and maintained by the owner.
The agreements prepared by local network operators or any third person delegated by the building constructor or by the owner to install or maintain the telecommunications equipment of users building or any persons responsible for the payment of installation, maintenance and usage shall not violate the following regulations:
1. Said persons shall not prevent the users from choosing another operator to provide telecommunications service.
2. Said persons shall not prevent another telecommunications service operator from competing for business opportunities.
Any agreement that violates the aforementioned regulations shall be deemed invalid. Telecommunication equipment installed by an invalid agreement shall not be removed or its use prohibited without the authorization of the building constructor or the owner.
Section 2 Maintenance and Management of Telecommunications Facilities.
Article 39
Telecommunications facilities installed by telecommunications enterprises shall conform to the technical specifications provided by the DGT.
The following matters shall be taken into consideration in the enactment of aforementioned technical specifications:
1. the provision of full-scale telecommunications services shall not be made difficult by the damage or malfunction of telecommunications facilities;
2. the maintenance of an appropriate quality of telecommunications services; e.g. upon request by a subscriber renting a dedicated fixed data line, a record-keeping system tracking quality of service shall be established, for such subscribers to access the recorded data pertaining to quality of service;
3. the interconnecting telecommunications facilities of users or telecommunications enterprises shall not be damaged; nor shall the functioning of such facilities be impeded;
4. a clear identification of responsibilities among telecommunications facilities which are interconnected .
Article 40
If the telecommunications facilities installed by a telecommunications enterprise fails to conform to the technical specifications prescribed in the first paragraph of the preceding article, the DGT may order the enterprise to either make improvements within a prescribed time period or limit its use of such facilities.
Article 41
A Type I telecommunications enterprise shall employ qualified senior telecommunications engineers to be in charge of and supervise the constructions, maintenance and utilization of telecommunications facilities. Depending on the deployment of its telecommunications facilities, a Type II telecommunications enterprise shall employ such personnel in accordance with relevant rules.
Article 42
The telecommunications terminal equipment for connection to the telecommunications machinery and line facilities of a Type I telecommunications enterprise shall conform to technical specifications, and be certified and approved before import and sale. The technical specifications shall be prescribed and announced by the DGT.
The DGT shall enact regulations regarding the compliance approval mode and procedure of the telecommunications terminal equipment, the issuance, renewal, replacement and termination of the certificate of approval, and the embossment, marking and use of Approval Label, as well as the regulations with respect to the supervision and administration of compliance approval.
The technical specifications mentioned in the first paragraph must ensure the following items:
1. the connection shall not damage telecommunications machinery and line facilities of Type I telecommunications enterprise, or cause a malfunction of the said facilities;
2. no nuisance shall be caused to other users of the telecommunication machinery and line facilities of a Type I telecommunications enterprise;
3. the demarcation of responsibility between the telecommunications machinery and line facilities of a Type I telecommunications enterprise and the terminal equipment connected by users shall be clearly stipulated;
4. ensure electromagnetic compatibility to harmonize and make effective use of the radio spectrum shall be ensured;
5. ensure electrical safely to prevent harm to network operator personnel or users.
Article 43
Telecommunications equipment that connects to Type I telecommunications enterprises shall be constructed and maintained by the telecommunications engineering enterprises. However, all telecommunications equipment within the demarcation point of responsibility of the building may be constructed and maintained by electrical apparatus enterprises.
The equipment in the preceding paragraph is categorized by the competent authority as basic equipment and is not subject to limits.
Telecommunications engineering enterprises shall register to the competent authority, and join the relevant telecommunications engineering industry association within one month of the commencement of operations. The relevant telecommunications engineering industry association is obliged to accept the enterprise as a member.
The enterprises which engaged in the construction of relevant telecommunications equipment mentioned in the first paragraph shall dispose qualified telecommunications engineers.
Governing regulations with respect to the registry, revocation or annulment of telecommunications engineering enterprises shall be enacted by the competent authority.
Qualifications and regulations of senior telecommunications engineers under Article 41, and telecommunications engineers under paragraph 4 shall be prescribed by the competent authority.
Article 44
The DGT or the certification bodies commissioned by the DGT shall be responsible for compliance approval of telecommunications terminal equipment.
Rules governing the qualifications, the scope and limitations of delegated power, cancellation or termination of the commission, and supervision related to the commission of the aforementioned certification bodies shall be enacted by the DGT.
Article 45
Request for relocation of lines shall be made in writing with reasons to a Type I telecommunications enterprise or an agency establishing government telecommunications. Lines will be relocated after acceptance of said requests.
Compensation shall be made in the event of damages to telecommunications facilities arising from repairs or construction of buildings, roads, irrigation ditches, or the laying of underground pipes, cables or other projects.
The MOTC shall determine the criteria and procedure for requesting relocation of lines as mentioned in paragraph 1, the calculation and sharing of the relocation fee, the responsibility of persons who have caused any of the aforementioned damages to telecommunications equipment and the standard calculation for compensation.
The aforementioned criteria for responsibility and methods of damage compensation shall not affect the injured party's right to claims by litigation.