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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 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.