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Chapter Law Content

Title: Regulations Governing Number Portability CH
Category: Ministry of Digital Affairs(數位發展部)
Chapter 7 The Settings and Management of The Concentrated Databases
Article 31
All Fixed Network Operators and Mobile Operators shall collectively supervise the establishment, maintenance and management of Concentrated Databases in accordance with the following requirements:
1. Collectively establish the Management Committee of Concentrated Databases (hereinafter referred to as the Committee), and set the regulations for the organization and the operation of the Committee.
2. Negotiate the coordination and testing method for Subscriber porting process among Concentrated Databases Administrator (hereinafter referred to as the Administrator), Fixed Network Operators and Mobile Operators.
3. Negotiate the notifying method among Administrator, Fixed Network Operators and Mobile Operators.
4. Negotiate the time limit for updating Concentrated Databases after receiving the notification by the Administrator as referred in Article 22, and the time limit for the Fixed Network Operators Mobile Operators after receiving notification from Administrator.
5. Negotiate that the Administrator shall provide Ported Subscribers information periodically to Fixed Network Operators and Mobile Operators to check the accuracy of Ported Subscriber Databases and the ways and operational method for updating Ported Subscriber Databases with Fixed Network Operators and Mobile Operators.
6. Negotiate the interface specifications, format and procedure for exchanging Ported Subscriber information, and the testing method for exchanging Ported Subscriber information between the Concentrated Databases and the Ported Subscriber Databases of each Operator.
7. Negotiate the transaction of the Administrator and its standard of the service quality.
8. Negotiate the system for superintendence of the Administrator.
9. Negotiate the judging standard of the Administrator and the relevant proceedings such as the judging procedure.
10. Elect a single Administrator according to the judging standard and the judging procedure.
11. Negotiate the contract of commissioned management.
12. Negotiate the matters concerned regarding the former Administrator shall hand over to its successor and the method of superintendence.
13. Negotiate the contingency plan when the Administrator falling vacant.
14. Negotiate other provisions related to the setting and management of the Concentrated Databases.
The quality of service set forth in Item 7 of the preceding paragraph shall conform to the provisions of Article 41.
The matters shall be performed set forth in each Item of Paragraph 1, except for Item 10, the Fixed Network Operators and Mobile Operators shall collectively report to the NCC for reference before implementation; if necessary, the NCC may order to revise it.
The Fixed Network Operator and Mobile Operator shall collectively establish the Committee set forth in Item 1 of Paragraph 1 within one month from the date of promulgation of these Regulations, and the Committee is commissioned to transact each Item of Paragraph 1.
Article 32
The Fixed Network Operators and the Mobile Operators shall collectively enter into the contract of commissioned management with the Administrator.
The Operators or Type II Telecommunications Enterprises shall enter into the contract of service with the Administrator respectively. The service contract shall be made on the basis of the contract of commissioned management, and shall not be against of the contract of commissioned management.
Article 33
The Administrator commissioned by the Fixed Network Operators and the Mobile Operators shall be the registered incorporated foundation or company, whose chairman of the board shall be the national of Republic of China. If the Administrator is a company, it shall meet the following requirements:
1. The sum of shareholding by foreigners shall be in accordance with the provisions set forth in the Article 12 of the Telecommunications Act.
2. It shall not hold above 10 percent of shares with voting rights or of capital sum for any Operators.
3. It shall not be the same board chairman or over 10% (including 10%) of directors the same as any Operators.
4. It shall not be the same shareholders or investors who hold over 50% (including 50%)of the issued shares with voting rights or capital sum of any Operators.
5. Any shareholder, director or employee who holds over 10% (including 10%) shares of the Administrator shall not hold over 10% (including 10%) of the shares of any Operator at the same time.
6. The employees of the Administrator shall not be employees of any Operators at the same time.
With the consent of over 75% (including 75%) of the Fixed Network Operators and the Mobile Operators, the Administrator may not be restricted from the provisions set forth in Item 2 to Item 6 of the preceding Paragraph.
The employees as referred in Item 5 and 6 of the preceding Paragraph means the persons who are hired by the Administrator and obtain the salary or other recompense for full-time or part-time job.
Article 34
The contract of commissioned management set forth in Item 11, Paragraph 1 of Article 31, except as otherwise prescribed in these Regulations, shall include the following proceedings:
1. The proceedings as referred to in Item 7, 8, 12, 13 and 14 of Paragraph 1 of Article 31.
2. Dissolution of contract before expiration as the Administrator does not meet the requirement as prescribed in Article 31.
3. The tariff rates or the tariff charging method for service of the Administrator.
4. The Administrator shall not refuse the application of any Operator or Type II Telecommunications Enterprises, and shall treat them on the principle of impartiality and reasonableness.
5. Collection, disposition and use of the Ported Subscribers information by the Administrator shall be in accordance with the Telecommunications Act and other relevant laws and regulations and the Law for the Protection of Computer-processed Personal Information, and the Administrator shall ensure its confidentiality and safety.
6. The Administrator shall provide the relevant government organizations (institutions), upon requests by law, with the Ported Subscribers information in accordance with the Regulations on Telecommunications Business Handling the Related Authorities Inquiring Telecommunications Communication Record.
7. The Administrator shall cooperate with the supervision of the NCC.
8. The penalty or other legal liability in violation of the provisions of the commissioned management contract.
Article 35
The Fixed Network Operators and the Mobile Operators shall complete the proceedings as referred to in each item of Paragraph 1 of Article 31 before January 1, 2005.
Article 36
The Fixed Network Operators and the Mobile Operators shall perform the daily operation of the Administrator and the superintendence of the hand-over of the Administrator in accordance with the provisions set forth in Article 31.
Article 37
The term of commissioned management of the Administrator is five years at most, and the term of office may be renewed; the Fixed Network Operators and the Mobile Operators shall complete the contract renewal or reelection of the Administrator within six months in the year before the Administrator’s expiration of the term of office.
Article 38
The Fixed Network Operators and the Mobile Operators shall, within a time limit, inform the new elected Administrator who violates the provisions set forth in Article 33 to correct it. The Fixed Network Operators and the Mobile Operators shall remove the office of the Administrator and reelect the new one if it does not correct in before the time limit.
Article 39
If the Administrator could not be reelected successfully, the Fixed Network Operators and the Mobile Operators shall perform the contingency plan in accordance with the provisions set forth in Item13, Paragraph 1of Article 31.
Article 40
The Fixed Network Operators and the Mobile Operators shall bear joint liability for their joint act in accordance with the provisions set forth in these Regulations.
Article 41
The Concentrated Databases shall meet the following requirements of service quality:
1. Maintain normal operation at least 99.99% of the time all the year, and in normal condition, the service shall not be suspended over two hours each month.
2. Maintain at least 99.50% accuracy of the information.
3. It shall be equipped the preparatory rescue system, and the time for cutting over shall not be over ten minutes.
4. When the material obstacle of system occurs, the time for revert function in part shall not exceed 24 hours, and the time for revert function totally shall not exceed 48 hours.
Revert function in part as referred to Item 4 of the preceding Paragraph means that the Concentrated Databases recover the function of receiving, managing and informing information for Number Portability. Revert function totally means that the Concentrated Databases recover all the function as it provides in normal condition.