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Chapter 2 Network Interconnection between Type I Telecommunications Enterprises
Section Four – Ownership of Tariffs
Article 19
The tariffs sharing between Type I telecommunications enterprises shall be determined in accordance with this Chapter, or determined through negotiation between Type I telecommunications enterprises if matters not provided in this Chapter.
Article 20
Except for international communications, ownership of the tariffs for the communications between mobile telecommunications network and fixed telecommunications network shall follow the following principles:
1. The tariff is collected from the call-originating subscribers by the call-originating telecommunications enterprises pursuant to the pricing of the mobile telecommunications network enterprises, and the revenue from the tariff belongs to the mobile telecommunications network enterprises. However, from 1 January 2011, the tariff shall be both priced and collected from the call-originating subscribers by the call-originating telecommunications enterprise; revenue from the tariff shall belong to the call-originating telecommunications enterprises as well.
2. The call-originating telecommunications enterprises shall be in charge of the bad debts, and their duty for paying associated costs to the call-originating telecommunications enterprises shall not be exempted due to the bad debts.
From January 1, 2011 to December 31, 2016, the Type I telecommunications enterprise dominant market player of local Internet service shall pay mobile telecommunications network enterprises the relevant amount stipulated in the table.
The payment referred to in the preceding paragraph attests that the Type I telecommunications enterprise dominant market player of local Internet service shall pay mobile telecommunications network enterprises the amount during the period from January 1, 2011 to December 31, 2016 due to the ownership of pricing and revenue from the tariff transferred to call-originating telecommunications enterprises.
Article 21
Ownership of the tariffs for international communications using mobile telecommunications networks, unless otherwise provided by laws or regulations, shall follow the following principles:
1. The tariff for international communications is collected from the call-originating subscribers by the mobile telecommunication network enterprises pursuant to the pricing of the Type I telecommunications enterprises who are engaged in international telecommunications, and the revenue from the international tariff belongs to the Type I telecommunications enterprises who are engaged in international telecommunications; mobile telecommunications network enterprises may make extra charges from their subscribers pursuant to the approved pricing schedules;
2. In respect to international calls originating and receiving by subscribers of mobile telecommunications networks, the expenses paid to mobile telecommunications network enterprises by the Type I telecommunications enterprises engaged in international telecommunications shall be determined through negotiation between both parties;
3. The call-originating telecommunications enterprises shall be in charge of the bad debts, and their duty for paying associated costs to the call-originating telecommunications enterprises shall not be exempted due to the bad debts.
For the provisions set forth in Item 1 of the preceding paragraph, namely collecting tariff from the call-originating subscribers and Item 3, it may follow if there are any agreement among Type I telecommunications enterprises.
Article 21-1
When the pre-paid card subscribers of mobile type selection service providers adopt international network telecommunications services offered by Type I telecommunications enterprises by means of call-by-call selection service, except as otherwise provided hereunder, the collection of international communications tariffs and the duty of bad debts between mobile type selection service providers and Type I telecommunications international network business shall be handled as follows , and the preceding Article concerning ownership of the tariffs and duty of bad debts shall not apply:
1. If there is any negotiation, follow the specific agreement.
2. If there is not any negotiation, the following principles shall apply:
(1) Before the communication link is set up, if the mobile type selection service providers inform the international network business operator in a proper manner that the call is made by a pre-paid card subscriber, the international network business operator shall collect international communication fee from the subscriber and be in charge of bad debts.
(2) Before the communication link is set up, if the mobile type selection service providers do not inform the international network business operator in a proper manner that the call is made by a pre-paid card subscriber, the mobile type selection service providers shall collect international communication fee from the subscriber and be in charge of bad debts.
The proper manner mentioned in the preceding Paragraph means that the mobile type selection service providers, before the communication channel has been established, add signals in signalling link, set up dedicated international communication links for pre-paid card subscribers, add signals in the international number dialed by pre-paid card subscribers, or other methods agreed by international network business operators , so the operators can judge whether the calls are made by pre-paid card subscribers before the international communication links are set up .
Mobile type selection service providers and international network business operators shall negotiate with each other for the proper manner mentioned in Paragraph 1, and amend or re-sign a network interconnection agreement. If the negotiations cannot be successfully concluded, either party shall apply to the NCC for arbitration according to the Regulations Governing Network Interconnection among Telecommunications Enterprises.
If international network business operators do not obtain the agreement of mobile type selection service providers to be the one in charge of the collecting communication fee and bad debts. In consideration of bad debts risk or difficulties of billing, the operators may stop affording the international service to those pre-paid card subscribers who belonging to the above- mentioned mobile type selection service providers by not setting up the communication routes connected to the operators’ network , and shall simultaneously submit a written report to the NCC for reference.
Article 22
For communications between mobile telecommunications networks, the tariff is priced by the call-originating telecommunications enterprise and collected from the call-originating subscribers. Revenue from the tariff belongs to the call-originating telecommunications enterprises. The call-originating telecommunications enterprises shall be in charge of the bad debts and their duty of paying related costs to the call-receiving telecommunications enterprises shall not be exempted due to the bad debts.
Article 23
For communications between fixed telecommunications networks, ownership of the tariffs shall follow the following principles:
1. For communications between local telecommunications networks, the tariff is priced by the call-originating telecommunications enterprises, and collected from the call-originating subscribers, and the revenue from the tariff belongs to the call-originating telecommunications enterprises.
2. Where a long-distance call originating and receiving from a subscriber of a local telecommunications network service, the tariff is priced by the telecommunications enterprise engaged in long-distance telecommunications and collected from the subscribers using its network. The revenue from the tariff belongs to the telecommunications enterprises engaged in long-distance telecommunications.
3. Where an international call originating and receiving from a subscriber of a local telecommunications network service, the tariff is priced by the telecommunications enterprise engaged in international telecommunications and collected from the subscribers using its network. The revenue from the tariff belongs to the telecommunications enterprises engaged in international telecommunications.
4. The telecommunications enterprises who own the revenue of tariffs shall be in charge of the bad debts, and their duty for paying associated costs to other Type I telecommunications enterprises shall not be exempted due to the bad debts.
Article 24
Ownership of the tariffs for communications between satellite mobile telecommunications networks, and between satellite mobile telecommunications network and fixed telecommunications network/mobile telecommunications network shall follow the following principles:
1. The tariff is priced and collected by the call-originating telecommunications enterprise.
2. The revenue from the tariff belongs to the call-originating telecommunications enterprise.
3. The call-originating telecommunications enterprises shall be in charge of the bad debts, and their duty for paying associated costs to other telecommunications enterprises shall not be exempted due to the bad debts.
For the provisions set forth in the preceding paragraph, it may follow if there are any agreement among Type I telecommunications enterprises.
Article 24-1
The communications fee of Type I telecommunications enterprises providing E.164 Internet telephony service to subscribers between E.164 Internet telephony service and mobile telecommunications network/ local telecommunications networks/ satellite mobile telecommunications networks shall be decided on the following principles:
1. The tariff is priced and collected by the call-originating telecommunications enterprise. The revenue from the tariff belongs to the call-originating telecommunications enterprise.
2. The call-originating telecommunications enterprises shall be in charge of the bad debts, and their duty of paying related costs to other telecommunications enterprises shall not be exempted due to the bad debts.
The communications fee of the dominant market player of local Internet service providing E.164 internet telephony service to subscribers between E.164 internet telephony service and mobile telecommunications network/ local telecommunications networks/ satellite mobile telecommunications networks shall fall under the regulation of Article 20, rather than the previous paragraph.
Article 25
Type I telecommunications enterprises shall establish communications recording equipment, and provide communication records in a proper way for verification by interconnected enterprises.
Type I telecommunications enterprises shall adopt alternative measures in case they are unable to follow the stipulation set forth in the preceding paragraph due to the restriction of network equipment.
The telecommunications records to be verified set forth in Paragraph 1 shall include the telecommunications numbers of the originating party, the telecommunications numbers of the receiving party, the date of communications, and the beginning and the end of communications; where the switching network or receiving network, the records shall include the information regarding the route and circuit thereof.
Type I telecommunications enterprises shall comply with the non-discrimination principle when providing billing services to each other in relation to network interconnection.
In order to verify the billing between Type I telecommunications enterprises, the transit network enterprises shall provide the verified switching communication records of each originating network enterprise as requested by the receiving network enterprises.
The telecommunications network equipment of Type I telecommunications enterprises shall be capable of providing the receiving networks and subscribers with the telecommunication numbers of originating subscribers, which shall be sent to the receiving networks on line in real time when handling the communication calling. If communication is sent by the way of transit, the transit network enterprises shall transfer the telecommunication numbers of originating subscribers to the receiving networks.
The transit network enterprises shall pay international termination access charge to the receiving network enterprises if receiving network enterprises provide the evidence that transit network enterprises have transited traffic with no or incomplete originating subscribers numbers, and the receiving network enterprises are unable to ask for access charge from call-originating telecommunications enterprises.
The telecommunications numbers of subscribers provided in preceding 2 paragraph refer to the telecommunications numbers allocated pursuant to Item 1, Article 20 of this Act.