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Chapter Law Content

Chapter 1 General Principles
Article 1
These Regulations are established in accordance with the stipulations of Paragraph 4, Article 91 of the Telecommunications Management Act(hereafter referred as the Act).
Article 2
The term “Major Dispute between telecommunication enterprises regarding telecommunication service related agreements” as used in the Act refers to disputes that arise during the performance of the contract or modification of the contract, while meeting the following conditions at the same time:
1.The number of subscribers of either parties reaches more than one million or the market share of either parties reaches more than 20%.
2.The disputed amount of the subject agreement accumulatively reaches more than NT$50 million in one fiscal year.
Article 3
If a telecommunication enterprise applies with the competent authority for mediation due to a major dispute related to a telecommunications service agreement between it and another telecommunication enterprise, the application and a copy of the agreement shall be submitted, and a copy of the application shall be sent to the counterparty
The application in the preceding paragraph shall contain the following:
1.The applicant and the counterparty.
2.Where a proxy is appointed, the name, residence and ID Card Number of the proxy.
3.Reason for the mediation.
4.Issues of the dispute, which shall include the agreements reached, unresolved contract disputes andissues to such disputes, evidence and details of the major impacts that each issue may cause on the market and for the subscribers.
5.The parties shall put forward at least one proposed solution for unresolved contract disputes and issues to such disputes in the preceding paragraph.
6.Other relevant supporting information.
If the application meets one of the following conditions, the competent authority shall expressly state the reason and notify the applicant to make corrections within 15 days from the date of receipt of the notice:
1.The format of the application is incorrect, or the relevant information is incorrect or missing.
2.Documents of the applicant's qualification are missing or the agent's power of attorney is flawed.
The applicant shall paythe application fee in accordance with the Subparagraph 1, Paragraph 1ofArticle 13within three days after the application is submitted.
Article 4
The competent authority shall not accept applications for mediation with any of the following conditions:
1.Either parties involved arenot a telecommunication enterprise under the Act.
2.The dispute is not a major dispute as specified in Article 2.
3.Specific measures formulated by the competent authority in accordance with Paragraph 4, Article 31, and Paragraph 6, Article 33, of the Act.
4.The applicant failed to make corrections within the time limit specified in Paragraph 3 of the preceding article or failed to make complete corrections in accordance with items subject to corrections.
5.The applicant failed to pay the application fee within the time limit specified in Paragraph 4 of the preceding article.
6.A mediation had been requested for the subject matter of the application in accordance with these Regulations and a mediation decision had been made.
7.The subject matter of the application is currently undergoing court proceedings.
8.The subject matter of the application is within the scope of finalized court judgment, mediation decision or settlement.
9.Failure to pay the mediation fee within the time limit specified in Paragraph 4, Article 5, after being notified by the competent authority to do so.
Article 5
After the competent authority confirms that the dispute does not fall into the scope of Subparagraph 1 to Subparagraph 8 of the preceding article, in which case the application shall not be accepted, the counterparty shall submit a mediation agreement statement within 7 days from the date of receipt of the notification.
If the counterparty failed to submit a mediation agreement statement within the time limit of the preceding paragraph, it shall be deemed as a refusal to mediate.
If the counterparty refuses to mediate, the mediation fails and the mediation procedure terminates.
After the counterparty agrees to mediation, the competent authority shall notify the applicant to pay the mediation fee specified in Subparagraph 2, Paragraph 1, Article 13, within seven days from the date of receipt of the notification.