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Title: Telecommunications Management Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter VIII Supplementary Provisions
Article 83
Within 3 years upon enforcement of the Act, telecommunications enterprises that obtain an operation and/or franchise license in accordance with Telecommunications Act, and enterprises that obtain establishment approval shall register themselves with the competent authority.
Telecommunications enterprises that have been allocated with a radio frequency or telecommunications numbers before the promulgation of the Act shall, when registering themselves according to the Act, submit an operating plan as prescribed in Article 37 and, upon receipt of the competent authority’s approval, shall fulfill their obligations according to the operating plan.
With respect to telecommunications enterprises that have been allocated with a radio frequency as described in the preceding paragraph, the competent authority will, after approving the network establishment plan provided thereby, issue a frequency use certificate thereto. Said enterprises will still retain the rights of using radio frequency within the validity of their franchise license previously obtained in accordance with the Telecommunications Act.
When granting an approval in accordance with Paragraph 2, the competent authority may, within the necessary scope, order the telecommunications enterprise or establisher to fulfill their obligations according to the original business plan, establishment agreement or system construction plan.
Enterprises who fail to register themselves as a Type I or Type II telecommunications enterprise within 3 years upon enforcement of the Act shall be managed by the competent authority according to the original laws and regulations.
Where telecommunications enterprises have obtained an operation and/or franchise license in accordance with the Telecommunications Act, and enterprises having obtained an establishment approval as described in Paragraph 1 that fail to register themselves within the prescribed period, the original establishment, franchise or operation license will become invalid the next day of the 3 years after the enforcement date of this Act.
Article 84
Those who apply for an establishment permit in accordance with the Telecommunications Act may, upon promulgation of the Act and before their establishment has been approved, withdraw their applications, and the competent authority shall return the performance bond thereto. However, for those who have obtained their qualifications for establishment through public tender or auction, their application cannot be withdrawn after the public tender or auction procedures have been initiated.
Article 85
With respect to Type I telecommunications enterprises that have been announced as dominant market players according to the Telecommunications Act before the enforcement of the Act and their control measures, from the period between the Act taking effect and the competent authority determining their significant position in the specific market and hence adopting special control measures therefor based on the Act, the competent authority still supervises them in accordance with the Telecommunications Act and control measures thereof.
Article 86
With respect to a PSTN established by telecommunications enterprises or radio and television enterprises before the Act takes effect, the competent authority could, based on the quality and performance of their existing network, issue an approval certificate thereto directly. However, those who have amended their network shall carry out an inspection in accordance with Article 39.
Stations established before the Act takes effect may be used continuously up to the expiry of the station license. As for stations that remain operating upon the expiry of their license, the operators shall apply for a license renewal with the competent authority in accordance with the law.
Where a PSTN that does not use telecommunications resources is established by a government agency or school, completing the inspection and obtaining an approval certificate within three years upon the promulgation of the Act is required.
With respect to personnel who obtained an amateur radio operator license before the Act takes effect, their original license will remain valid up to the expiry date; personnel who needs to operate an amateur radio station after the license expires shall apply for license renewal with the competent authority in accordance with the law.
Article 87
The competent authority may commission professional telecommunications certification bodies to carry out a series of inspection work, such as those for PSTN, information and communications equipment used by the critical telecommunications infrastructure, dedicated telecommunications network, telecommunications terminal equipment and controlled telecommunications radio frequency devices, review of space design regarding telecommunications equipment installed in the building and relevant installation, and completed works.
The qualifications, accreditation conditions and delegated authority of various certification bodies as described in the preceding paragraph; cancellation or termination of the delegation; and matters that are commissioned for supervision shall be promulgated by the competent authority.
Provisions of the preceding paragraphs may be applied to information and communications equipment used by the critical telecommunications infrastructure; telecommunications terminal equipment; tests to be carried out on controlled telecommunications radio frequency devices; and testing body commissioned by the competent authority.
Article 88
The competent authority may, according to bilateral or multilateral agreements or protocols signed by our country with other countries, regional organizations or international organizations with respect to controlled telecommunications radio frequency devices, recognize the testing body or certification of the specific country or region and admit testing reports, certificates or declarations of conformity issued thereby with respect to telecommunications terminal equipment and controlled telecommunications radio frequency devices.
Article 89
Dedicated military communications devices shall not be bound by the Act, except for Paragraph 5 of Article 50; Paragraphs 3 and 4 of Article 52; Paragraph 2 of Article 56; Paragraph 1 of Article 57; and Paragraphs 1 and 3 of Article 63.
Article 90
With respect to the handling of supervision matters and investigations on violations of the Act, the competent authority may proceed with relevant matters according to the following procedures:
1. Notifying parties and related parties to state their opinions on the scene;
2. Notifying parties and related parties to submit account books, documents and other necessary information or evidence;
3. Dispatching personnel to parties and related parties’ office, company, residence or other sites to implement necessary investigations.
Those investigated by the competent authority shall not avoid, obstruct or refuse investigations made in compliance with the provisions of the preceding paragraph without justifiable reasons.
The investigator shall present relevant certificates to justify their action, which is made for job duty. If the investigator fails to do so, the respondents may reject the investigation.
To satisfy the needs for industry survey, the competent authority may request parties and related parties to provide relevant information and documents in the format prescribed thereby; and the respondents must not refuse to do to without justifiable reasons.
Article 91
Unless specified otherwise in the Act, telecommunications enterprises may, with respect to major disputes arising from telecommunications services related contract, apply for mediation with the competent authority.
The mediation will be established based on the agreement of involved parties. However, if related parties refuse to cooperate or no agreement is reached among the parties, the mediation will not be established.
While applying for mediation, the applicant shall pay the necessary expenses derived therefrom.
To proceed with mediation as described in Paragraph 1, the competent authority may set a mediation meeting. Rules governing the determination of major disputes, the establishment of a mediation meeting, the mediation processes and deadline, the charge standards and other related matters shall be promulgated by the competent authority.
Article 92
Any registration, review, service quality check, issuance (renewal) of approval documents and license applications as well as review, inspection, examination and test operations accepted by the competent authority according to the Act shall be charged relevant fees to the applicants. The charge standards thereof shall be promulgated by the competent authority.
Article 93
The government may adopt necessary measures and appropriate a certain amount of its revenue generating from the administration fees received from the telecommunications supervision activities and the tender or auction of radio frequency, as a budget to facilitate the construction of a PSTN in remote countries.
Article 94
To facilitate innovation and the development of the telecommunications industry, the agency designated by the Executive Yuan may counsel and award telecommunications enterprises.
Rules governing the counseling or awarding target as described in the preceding paragraph, the qualifications thereof, evaluation standards, application procedures, and other related matters shall be promulgated by the organization designated by the Executive Yuan.
Article 95
The effective date of the Act shall be set by the Executive Yuan.
The amendment of the Act shall come into force on the date of its promulgation.