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Chapter Law Content

Title: Regulations for Administration on Type II Telecommunications Business CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter 4 Regulation of Maintenance and Operation of Telecommunication Facilities
Article 25
The operator who provides the Type II Telecommunications Special Business shall employ qualified senior telecommunication engineering personnel to take charge of monitoring the construction, maintenance, and operation of all the telecommunication facilities.
Article 26
The telecommunication facilities installed by an operator shall conform to the technical specifications set forth by the Competent Authority.
For any operator who violates the provisions set forth in the preceding paragraph, the Competent Authority may specify a time period for correction or may restrict their usage.
Article 27
An operator shall provide records and contents of telecommunications for the purpose of investigation or compilation of evidence upon request in accordance with legal procedures.
The supervision of telecommunication contents as referred to in the preceding paragraph shall be undertaken under the Communication Protection and Interception Act.
Operators shall retain telecommunications records as per Paragraph 1 for a period as follows:
1. Voice Simple Resale Service communication records shall be retained for at least 6 months.
2. Internet Telephony Service communication records shall be retained for at least 6 months.
3. Internet access service:
(1) The records of dialed subscriber identification account, communication dates and online and off-line time shall be retained for at least 6 months.
(2) The records of non-fixed ADSL subscriber identification account, communication dates and online and off-line time shall be retained for at least 3 months.
(3) The record of subscriber identification account for cable modem, communications date and online and off-line time shall be retained for at least 3 months.
(4) Source IP address and system time for the contents that posted on bulletin board, photo area or news group shall be retained for at least 3 months.
(5) Source IP addresses and system times shall be retained for at least 6 months when applying for a free email address and a web page.
(6) E-mail communication records shall be retained for at least one month.
4. Mobile Virtual Network Service communication records shall be retained for at least 6 months.
Operators shall verify and register the subscriber’s information, and retain the data for at least one year after the service contract has been terminated; operators shall provide the required data when a related organization inquires about system data in accordance with the regulations. Services cannot be opened to a subscriber until Mobile Virtual Network Service or E.164 Internet Telephony Service Operators have completed the storing of subscriber’s information. Mobile Virtual Network Service or E.164 Internet Telephony Service run by prepaid card or other prepaid approaches shall be the same.
The subscriber’s data as referred to in the preceding paragraph shall include the subscriber’s name and address, as well as two numbers of documents of identification. In addition, the numbers allocated by Mobile Virtual Network Service Operator or E.164 Internet Telephony Service Operator shall be included. In the case where the subscriber is a government agency, public school or state-run enterprise entity, the agency (institution)’s official document may be submitted as proof of identity.
The numbers of documents of identification as referred to in the preceding paragraph, in the case of an application by a domestic natural person, shall refer to the user’s ID Number and a number of a document of identification of other forms that suffices to identify the individual; in the case of an application by a foreign natural person, refers to the user’s passport number and the Alien Permanent Resident Certificate number, or either of the passport number or the Alien Permanent Resident Certificate number, and a number of a document of identification of other forms that suffices to identify the individual; when applied by a legal person, refers to the business registration identification number and the representative’s ID Number, the passport number or the Alien Permanent Resident Certificate number.
The Competent Authority may restrict the operators in accepting the amount of telecommunications service’s subscriber numbers which the general public can apply for using the same identification document number. The operator is to implement the foresaid matter as per the restrictive conditions and implementation method announced by the Competent Authority.
Mobile Virtual Network Service Operators or E.164 Internet Telephony Service Operator mentioned in paragraph 4 shall load system data files for operators within 2 days upon receiving subscriber’s application.
Article 27-1
Mobile Virtual Network Service Operators or E.164 Internet Telephony Service Operator who provide service with prepaid card or other prepaid expenditure shall review and verify its customers' information weekly. If the users have activated service without user information, Operators shall inform the users of supplementing in one week. For the users who are overdue but don't complement, Operators shall pause their communication.
Operators shall establish the regulations in the proceeding paragraph in their Code of Practice and service contract.
Article 28
An operator shall acquire and use telecommunications numbers in accordance with provisions of the Regulations Governing Telecommunications Numbers.
The mobile network code or subscriber’s number of Mobile Virtual Network Service Operators shall procure from the cooperated Mobile Network Business Operators. Mobile Virtual Network Service Operators shall pay use fees to Mobile Network Business Service Operators Telecommunications number in accordance with Administrative Regulations on Telecommunications Number.
When Mobile Virtual Network Service Operators make change of the cooperated Mobile Network Business Operators or terminate business, they shall handle related matters concerned the subscriber’s numbers in accordance with Administrative Regulations on Telecommunications Number and Administrative Regulations on Number Portability Service.
Those who apply for operation of E.164 Internet Telephony Service shall acquire subscriber numbers from Type I Telecommunications Business that operates E.164 Internet Telephony Service. However, applicants with paid-in capital in excess of NT 5 hundred million dollars may apply to the Competent Authority.
If an E.164 Internet Telephony Service operator ceases operation or discontinue the use of acquired subscriber numbers, the operator shall deal with the subscriber numbers in accordance with the Regulations Governing Telecommunications Numbers.
An E.164 Internet Telephony Service operator shall inform the Concentrated Databases Administrator defined by Regulations Governing Number Portability about the acquired subscriber numbers, and notify all the Originating Network Operators of Type I Telecommunications Business and Type II Telecommunications Business about the necessary connection information.
Article 28-1
A Voice Simple Resale Operator or E.164 Internet Telephony Service Operator shall immediately send the calling number from the originating customer to the destination network on line in real time through the transmitting traffic from the originating customer and make sure that the original calling number is correctly received by destination network.
Non-E.164 Internet Telephony Service Operators, when transmitting voice traffic coming from the Internet to the public switch telephone network, are required to send the local network service’s subscriber number leased form a Local Network Service Operator to the destination network online, and also to make sure that it is correctly received by destination network.
The E.164 Internet Telephony Service Operators, when transmitting the subscriber’s voice traffic not using the E.164 subscriber number to the public switch telephone network, are to complete the process as per the preceding paragraph.
The Voice Simple Resale Service Operators or the Internet Telephony Service Operators shall not receive or transfer the voice traffic from or to operators who have not obtained the operating permit.
Of communications from a domestic originating customer to the domestic destination customer, except when the receiving subscriber is using the international roaming service, the originating network operator or the transfer network operator shall not reroute the communications through an offshore network.
Article 29
deleted
Article 30
An operator who is required to share the losses resulting from telecommunications universal services and the necessary management fees shall follow the rules of Regulations Governing the Universal Telecommunications Services.
Article 31
The Competent Authority may request operators to submit a report on the conditions of the facilities operation items, information and communication security management and other necessary items and provision of any relevant documents, whenever necessary, may dispatch administrative staff accompanied with appropriate identification papers to inspect the installed telecommunication facilities and the implementation of information and communication security management, and the operator cannot reject.