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Chapter Law Content

Title: Telecommunications Management Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter IV Management of Telecommunications Network
Section 2 Security and Maintenance of Public Telecommunications Network
Article 39
The establishment of a PSTN shall comply with the technical specifications stipulated by the competent authority. The same shall be applied to the establishment of a station.
Upon completion of the establishment of the PSTN, the establisher shall submit the self-assessment report to the competent authority to apply for an inspection. After passing the inspection held by the competent authority and receiving an approval certificate therefrom, the establisher shall then start to use the network. The same shall be applied when making any change to the established telecommunications infrastructure.
Where the PSTN that does not use telecommunications resources is established by a government agency or school, the competent authority may commission a central second-level agency that supervises the establishment thereof to carry out the inspection as described in the preceding paragraph.
The type of PSTN, testing items and methods, qualification standards and technical specifications of other requisite documents shall refer to international technical standards, and the competent authority shall make an announcement accordingly.
Rules governing the type of PSTN; inspection methods and procedures; use management; restrictions; issuance, renewal, reissuance and abolishment of approval certificate; and other related matters shall be promulgated by the competent authority.
Article 40
When an established PSTN that uses telecommunications resources provides telecommunications services, it shall comply with the following terms and conditions:
1. Having mechanisms sufficiently enough to protect subscribers’ secrecy of communications;
2. Maintaining the appropriate quality of telecommunications services based on the standards set by international organizations for standardization;
3. The responsibility demarcation point is specifically defined between its telecommunications equipment and other PSTN or subscriber terminal equipment;
4. Telecommunications equipment it uses shall comply with the related authorities’ national security concerns;
5. The detection and protection functions thereof are sufficient to ensure info-communications security;
6. Offering public emergency communications services and communication priority functions;
7. Supporting the functions of providing communications records as prescribed in the Communication Security and Surveillance Act;
8. Other matters announced by the competent authority.
When an established PSTN that does not use telecommunications resources provides telecommunications services, it shall comply with the following terms and conditions:
1. Having mechanisms sufficiently protect subscribers’ secrecy of communications.
2. Maintaining the appropriate quality of telecommunications services based on the standards set by international organizations for standardization ;
3. The responsibility demarcation point is specifically defined between its telecommunications equipment and other PSTN or subscriber terminal equipment;
4. Telecommunications equipment it uses shall comply with the related authorities’ national security concerns;
5. The protection functions thereof are sufficient to ensure info-communications security;
6. Supporting the functions of providing communications records as prescribed in the Communication Security and Surveillance Act;
7. Other matters announced by the competent authority.
The network framework and performance shall comply with the preceding 2 paragraphs or the network establishment plan thereof. If not, those who have established a PSTN shall, according to the notification sent by the competent authority, make corrections within the prescribed deadline or have their use thereof restricted.
Article 41
The telecommunications enterprise that has established a PSTN shall select qualified telecommunications engineers to be in charge of and supervise the construction, maintenance and application of telecommunications equipment. Rules governing the qualifications and management of telecommunications engineers shall be promulgated by the competent authority.
Telecommunications equipment connected to the PSTN shall be constructed and maintained by qualified telecommunications engineers selected by the telecommunications engineering enterprise. Apart from those that are announced by the competent authority as simple telecommunications equipment, telecommunications equipment within the building’s responsibility demarcation point shall be installed by electric appliance contractors.
Rules governing selection of telecommunications engineers; registration, revocation or abolished registration of telecommunications engineering enterprise; and management rules thereof shall be promulgated by the competent authority.
Telecommunications engineering enterprises shall join relevant association before launching the operations.
Article 42
To ensure national security and public order, the competent authority may designate the PSTN, in whole or in part, as the critical telecommunications infrastructure; the standards for the designation thereof shall be announced by the competent authority.
The establisher of the critical telecommunications infrastructure as described in the preceding paragraph shall, before the deadline prescribed by the competent authority, draw up a critical telecommunications infrastructure protection plan. Said plan shall be evaluated by the competent authority before the implementation.
With respect to the evaluation as described in the preceding paragraph, the competent authority may request the enterprise to make an improvement within a prescribed deadline if an improvement is necessary.
With respect to the implementation of the protection plan as described in Paragraph 2, the competent authority may implement an audit on a regular or irregular basis. Where the status thereof fails to reach the protection plan as described in Paragraph 2, the competent authority may notify it to make an improvement within a prescribed deadline.
Rules governing the format, items, evaluation procedures, evaluation standards and audit procedures of the protection plan as described in Paragraph 2 shall be promulgated by the competent authority.
Where the critical telecommunications infrastructure will likely be infringed, the local government and police agency shall quickly take preventative or elimination measures according to the request of the establisher thereof.
Critical telecommunications infrastructure shall be in compliance with technical specifications for info-communications security evaluation. Otherwise, the establisher thereof shall make an improvement before the deadline prescribed by the competent authority.
The technical specifications as described in the preceding paragraph shall be announced by the competent authority.
Article 43
To ensure the info-communications security and performance of public telecommunications network, the competent authority may examine the PSTN on a regular or irregular basis. Where it is related to national security, the competent authority may impose restrictions on the purchase and use of specific telecommunications equipment.
Where the PSTN as described in the preceding paragraph is established by a government agency or school, the competent authority may commission a central second-level agency that supervises the establishment thereof to carry out the examination as described in the preceding paragraph.
Rules governing the procedures, standards and methods of the examination as described in the preceding 2 paragraphs, and other related matters shall be promulgated by the competent authority.
Article 44
The telecommunications terminal equipment that connects to the PSTN shall comply with technical specifications and shall pass examination before production or import. The technical specifications thereof shall be announced by the competent authority.
The technical specifications as described in the preceding paragraph shall ensure the following matters:
1. Electrical safety tolerance;
2. Electromagnetic compatibility and the harmonious and effective sharing of other frequencies;
3. Telecommunications interface compatibility with the public telecommunications network.
Rules governing the inspection methods and procedures for telecommunications terminal equipment; the issuance, renewal, reissuance and abolishment of approval certificate; the labeling, printing and use of approval level; and the supervision and management of inspection activities shall be promulgated by the competent authority.
Article 45
For telecommunications enterprises, terrestrial radio businesses and terrestrial television businesses whose registration or operation license is revoked or abolished by the competent authority or the operation license thereof expires, the competent authority may simultaneously revoke or abolish its network establishment approval and compliance certification of their PSTN in whole or in part.