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Chapter Law Content

Title: Regulations Governing Number Portability CH
Category: Ministry of Digital Affairs(數位發展部)
Chapter 5 Relevant Provisions of Porting Process of Ported Subscribers
Article 22
The Fixed Network Operators and the Mobile Operators shall perform the porting process of Ported Subscribers in accordance with the following requirements:
1. A Subscriber who applies for Number Portability shall submit a written application in duplicate to the Recipient Operator. The application thereof regards as filling for a terminated notice to the Donor Operator except as otherwise prescribed in Paragraph .
2. The Recipient Operator shall preserve the application sheets as referred to in Item 1 for at least six months, for inquiry by the Donor Operator or examination by the NCC.
3. The Recipient Operator shall co-ordinate with the Ported Subscriber to arrange for reasonable date and time of the proposed cutover after receiving the application sheets as referred to in Item 1.
4. The Recipient Operator of the Fixed Network Telecommunications Business and the Mobile Network Telecommunications Business shall inform the Donor Operator and the Concentrated Databases Administrator of the Ported Subscriber's name, existing telephone number and the date and time of proposed cutover at least five and four working days respectively in advance of the proposed cutover date, and hand over the application sheets as referred to in Item 1 to the Donor Operator.
5. The Donor Operator may refuse to provide Number Portability for the Subscribers whose communications services have been terminated due to arrears of service fees, or violations of laws, regulations, code of practices or service contracts. The Donor operator may provide Number Portability for the Subscribers, whose service contract has been restricted to termination or the termination date thereof has been set, after those Subscribers have performed the agreed obligation of liquidated damages and penalty.
6. The Donor Operator shall not engage in win-back activities during the period of porting process.
7. Upon receipt of the documents set forth in Item 4, the Donor Operator shall, by the end of the next working day, reply to the Recipient Operator with an acknowledgement to confirm agreement on the proposed cutover date and time, and immediately inform the Concentrated Databases Administrator and the Executing Authority of Communications Supervision after that confirmation. The Recipient Operator may co-ordinate with the Subscriber and the Donor Operator to change the cutover date and time if necessary, and immediately inform the Concentrated Databases Administrator after that confirmation. The Donor Operator shall immediately inform to the Executing Authority of Communications Supervision after confirming the proposed cutover date and time.
8. For the Operator of the Fixed Network Telecommunications Business providing Number Portability, the Recipient Operator shall co-ordinate with the Donor Operator to carry out testing for the local loop and relevant equipment prior to the agreed cutover date and time; and the Recipient Operator and the Donor Operator shall, with no permission to postpone or advance the process at will, undertake the cutover of Ported Subscribers according to the agreed date and time.
9. For the Operator of the Mobile Network Telecommunications Business providing Number Portability, the Recipient Operator shall co-ordinate with the Donor Operator to carry out testing for relevant equipment prior to the agreed cutover date and time; and the Recipient Operator and the Donor Operator shall, with no permission to postpone or advance the process at will, undertake the cutover of Ported Subscribers according to the agreed date and time.
10. After successful completion of cutover process, the Recipient Operator shall immediately inform the Concentrated Databases Administrator and the Executing Authority of Communications Supervision.
The Fixed Network Operators and Mobile Operators shall negotiate the operational procedures when the Donor Operator receives notification from other Recipient Operator of the same number as referred to in the Item 4 of the preceding Paragraph before the completion of Subscriber porting process, and the operational procedure of negotiation result should be reported to the NCC for record.
The Recipient Operator may transmit the data required in Item 4 of Paragraph 1 by electronic method to shorten the porting time. The Donor Operator shall implement the porting procedure immediately after receiving those data .The above is not constrained by the prescript of working days referred to in Item 4 of Paragraph 1 and starting transaction after receiving necessary data specified in Item 4 of Paragraph 1 , as referred to in Item 7 of Paragraph 1 . But the electronic transmission adopted by the Recipient Operator may not be operated without the admission of the Committee referred to in Article 31 .
The Recipient Operator transmitting the data required in Item 4 of Paragraph 1 by electronic method shall guarantee the content transmitted to be correct , and shall be responsible for the duties resulting from incorrect contents .The original copy of the above data shall be delivered to the Donor Operator within 15 days after transmission.
If the one who apply for Number Portability is not the registered Subscribers of the said telephone number or the consigner by laws, the Recipient Operator and the Donor Operator shall not accept the application; if the porting process has been completed by negligence, it shall be restitution in kind.
If any difficulty is encountered in the porting process as set forth in Paragraph 1, the Recipient Operator shall co-ordinate with the Donor Operator to resolve the problems and notify the Subscriber applying for porting. Before the porting process has been successfully completed, the Recipient Operator shall maintain original telecommunications services for Subscribers thereof until the porting process has been completed. The Donor Operator and the Recipient Operator shall apply to the NCC for arbitration by filing the reasons and related certificates or information when they can not reach an agreement on the cutover date and time as set forth in Item 7 of Paragraph 1 .
Before the Concentrated Databases begin to operate, the Recipient Operator shall inform to the Fixed Network Operator, the Mobile Network Operators, the Operator deploying Ported Subscriber Databases and Type II Telecommunications Enterprises instead of the Concentrated Databases Administrator as referred to in Item 10 of Paragraph 1.
The notifications to the Concentrated Databases Administrator and the Executing Authority of Communications Supervision as referred to in Paragraph 1 shall be in accordance with the following requirements:
1. Notifications to the Concentrated Databases Administrator: the result of the negotiation as referred to in Item 2, Paragraph 1 of Article 31.
2. Notifications to the Executing Authority of Communications Supervision:
(1) Donor Operator: the telephone number of Ported Subscribers, the name of the Donor Operator and the Recipient Operator, and the proposed cutover date and time.
(2) Recipient Operator: the telephone number of Ported Subscribers, the name of the Donor Operator and the Recipient Operator, and the completed cutover date and time.
Article 23
Before the Concentrated Databases begin to operate, the Fixed Network Operator and the Mobile Network Operators shall negotiate the coordination and testing method for the porting process of Ported Subscribers as referred to in the preceding article with one another. A written result shall be submitted to the NCC for reference before implementation.
After the Concentrated Databases begins to operate, the Fixed Network Operator and the Mobile Network Operators shall perform the porting process as referred to in the preceding article in accordance with the coordination and testing method set forth in Item 1, Paragraph 2, of Article 31.
Article 24
Before the Concentrated Databases begin to operate, the Fixed Network Operator and the Mobile Network Operators shall inform other Operators in accordance with the provisions set forth in Article 22 at no charge. The notified Operators shall then immediately reply for acknowledgement at no charge and shall update their own Ported Subscriber Databases and complete any other necessary routing information settings within one hour after receiving data.
Before the Concentrated Databases begin to operate, the Recipient Operators shall perform the required notification in accordance with the provisions under Paragraph 1 of Article7 or Paragraph 1 of Article 15 at no charge. The notified Operators shall then immediately reply for acknowledgement at no charge and shall update their own Ported Subscriber Databases and complete any other necessary routing information settings within twelve hours after receiving data.
Before the Concentrated Databases begin to operate, by the tenth day of each month, the Fixed Network Operator and the Mobile Network Operators shall compile and provide information of imported Ported Subscriber in the previous month for other Operators at no charge, for the purpose of collating data and maintaining the validity of Ported Subscriber Databases. The NCC, if necessary, may demand Operators to provide Ported Subscriber information for one another.
Before the Concentrated Databases begin to operate, when the Fixed Network Operators, the Operators outside of the Mobile Operators, and Type II Telecommunications Enterprises have deployed the Databases of Ported Subscriber, the Fixed Network Operators and the Mobile Operators shall perform the required notifications in accordance with the provisions set forth in the preceding three Paragraphs.
Before the Concentrated Databases begin to operate, except as otherwise provided in preceding four paragraphs, while one party in which the Fixed Network Operators, the Mobile Operators and the Operator deploying Ported Subscriber Databases demands another Operator to provide Ported Subscriber information, the related procedure and charges shall be subject to negotiations between themselves.
Article 25
The Fixed Network Operators and the Mobile Operators shall negotiate the coordination and testing method for Subscriber porting process with one another in order to perform the process of data exchange in accordance with Paragraph 3 of the preceding Paragraph, and submit a written result to the NCC for reference before implementation.
Article 26
After the Concentrated Databases begin to operate, the Fixed Network Operators and the Mobile Operators shall state in the contract of commissioned management that the Concentrated Databases Administrator shall perform in accordance with the following requirements:
1. Perform the required notifications in accordance with Item 3, Paragraph 1of Article 31.
2. Maintain the accuracy of Ported Subscriber information in accordance with Item 4, Paragraph 1 of Article 31.
3. Perform the exchange of Ported Subscribers’ data between Concentrated Databases and Ported Subscriber Databases of Operators according to the interface specifications, format and procedure for exchanging Ported Subscriber information, and the testing method for exchanging Ported Subscriber information set forth in Item 6, Paragraph 1 of Article 31.
After the Concentrated Databases begin to operate, the Fixed Network Operators and the Mobile Operators shall maintain the accuracy of the Ported Subscriber information in accordance with Item 4, Paragraph 1 of Article 31.
Article 27
After the Concentrated Databases begin to operate, the Fixed Network Operators and the Operators outside of the Mobile Operators deploying Ported Subscriber Databases shall choose by themselves for the method of updating the Ported Subscriber information.