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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 3 Facilitation of the Establishment of Telecommunications Infrastructure
Article 46
Those who have established PSTN may use or access public lands or buildings to establish telecommunications infrastructure. The management agency (organization) of public land or buildings shall not reject it without justifiable reasons. Those who suffer from a loss deriving from their use of land or buildings shall have said losses compensated.
When using or accessing rivers, ditches, bridges, embankments, roads, public forests or other public-use lands and public buildings to establish a station, those who have established a PSTN that uses telecommunications resources shall receive approval from the management agency (organization) thereof. The management agency (organization) shall not reject the proposal without justifiable reasons, whereas schools below the senior high school level may reject the proposal. Where the management agency (organization) has approved the establishment, the competent authority shall assist other establishers of PSTN in putting the establishment into practice.
When the establishers of a PSTN take action to establish a pipeline infrastructure, the central and local agencies shall provide assistance thereto.
The Executive Yuan shall examine the performance of the central and regional agencies and state-owned enterprises with respect to their performance in offering lands and buildings possessed or managed thereby for the establishment of telecommunications infrastructure. Results of said examination shall also be published on an annual basis.
Where the telecommunications infrastructure of a PSTN cannot be established without passing through private lands or buildings or can be established with an enormous amount of money, the establishment may be made by passing through private lands or buildings on the premise of selecting the least harmful location and manner. Also, if any such use of land or buildings causes any damage, then appropriate compensation shall be made.
With respect to the establishment of the telecommunications infrastructure as described in the preceding paragraph, the land or building owner, occupant or manager shall be notified 30 days prior to the construction
Those who are against the circumstances mentioned in Paragraph 5 and the preceding paragraph may request the mediation committee within the jurisdiction thereof to mediate or file a complaint for civil action.
Where the construction of telecommunications infrastructure of the PSTN has to pass through a private land or building in circumstances other than those referred to in Paragraph 5, such construction should be conducted in accordance with the relevant laws.
After the establishment of the telecommunications infrastructure, if the condition has changed or if the infrastructure must be relocated for some reason, the land and/or building owner, occupant or manager may request the establisher to make a change or relocate the infrastructure.
Where the telecommunications infrastructure is damaged due to the construction or renovation of buildings, roads, ditches and buried pipelines or other accidents, the person who has caused such damage shall be liable for the compensation.
Rules governing the conditions and operating procedures of requested relocation as described in Paragraph 9; calculation and sharing of relocating expenses; and liabilities derived from the damage and compensation standards shall be promulgated by the competent authority.
The damage liabilities and compensation calculation standards as described in the preceding paragraph shall not affect a victim’s right to file a claim.
The PSTN shall not be checked, expropriated or seized unless in accordance with the laws.
Article 47
To obtain lands required for the establishment of a switchboard center or station, those who have established a PSTN may, if necessary, have the competent authority negotiate with the urban planning agency to make a rapid amendment in accordance with Article 27 of Urban Planning Law. Where such change for the use of land is related to the land outside the urban area, the amendment shall be made in accordance with Regional Plan Act.
Before drafting the plan of changing the type of public facility land on which a switchboard center has been established or enforcing the relocation of the existing switchboard center, the local government shall negotiate with the competent authority concerning the feasibility thereof.
For an establisher of a PSTN that uses telecommunications resources who desires to establish a station in an apartment building, the approval from the apartment building management committee shall be obtained. Provided that there is no management committee, the permission of each owner shall be obtained.
Article 48
The establisher of a PSTN that uses telecommunications resources may, after notifying the property owner, adopt necessary measures on plants that impede or are likely to impede the survey, installation or maintenance of telecommunications lines. In case of emergency, prior notification is not required.
With respect to the necessary measures as described in the preceding paragraph, the enterprise shall select the least harmful location and manner; and compensation shall be made in the forms of an agreement.
Article 49
When constructing a building, the builder shall install indoor and outdoor telecommunications equipment according to the regulations and shall allocate a telecommunications room and other spaces for the installation of telecommunications equipment.
The building as described in the preceding paragraph shall be announced by the competent authority.
Where the existing building lacks sufficient telecommunications equipment or space for the installation thereof, resulting in the failure of fulfilling the building’s demand for telecommunications services, the owner shall negotiate with the telecommunications enterprise that will provide the necessary telecommunications services to increase the space thereof.
The telecommunications equipment and space established specifically for the use of said building, in accordance with the requirements set forth in the preceding two paragraphs, shall be connected to and used by the service operators at no charge based on the needs of the telecommunications service of the users in said building.
A telecommunications enterprise, before using the telecommunications equipment installed in the telecommunications room of the building, shall obtain prior consent of the owner of the building to provide telecommunications services for subscribers outside the building. The telecommunications enterprise shall negotiate with the owner regarding appropriate compensation.
The building as described in Paragraph 2 shall be installed with indoor and outdoor telecommunications equipment and a space therefor. Rules governing the space thereof; use management; determination of responsibility demarcation point; restrictive scope of community buildings; and other related matters shall be promulgated by the competent authority.
Telecommunications equipment installed inside and outside the building as described in Paragraph 2 shall comply with technical standards, which shall be announced by the competent authority.
The design of the building’s telecommunications equipment and space for related installation shall be reviewed by the competent authority before the launch of the construction project and be reported to the competent authority for inspection upon completion of the project. Only after passing said inspection shall the telecommunications enterprise start to use it.