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Title: Regulations Governing Interconnection involving Significant Market Power CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter II Interconnection
Section 7 Interconnection Arbitration Procedure
Article 17
For application for arbitration pursuant to Paragraph 3, Article 31 of the Act, either party may file a written application to the competent authority for arbitration, and a duplicate of the application shall be submitted to the other party concerned.
The written applications as referred to in the preceding paragraph shall include at least the following particulars:
1. Names of parties concerned, primary offices and names, residences and ID numbers of representatives;
2. Names, residences and ID numbers of authorized proxies if any;
3. Statements and reasons on issues for arbitration;
4. The initial date of negotiation and process of negotiation; and
5. Matters that have been reached consensus or remained unresolved during the negotiation.
Article 18
In any of the following circumstances, the competent authority shall reject the arbitration application; provided that the competent authority may demand corrective action to be undertaken within a given time:
1. The party concerned in dispute is neither a significant market power nor a telecommunications enterprise engaging in network interconnection with one;
2. The matter concerned in dispute is not related to network interconnection;
3. The parties in dispute requesting for network interconnection, or modifying or redrafting network interconnection agreement have not entered into negotiation;
4. The three-month negotiation period since the request for network interconnection, or modification or redraft of network interconnection agreement has not lapsed;
5. Those who apply for arbitration of issues that have already been arbitrated;
6. The arbitration application is not in line with the statutory requirements.
Article 19
In order to reach arbitration, the competent authority may demand all parties concerned to make written statements; if parties concerned refuse to make statements or fail to make statements within a given time, the competent authority may reach arbitration based on the information submitted by the party that requests arbitration and through the competent authority ex officio investigations.
In order to reach arbitration, the competent authority may ask for related information from all parties concerned or inform them to make verbal statements, and may make necessary investigation on the facts of the case.
For the need of arbitration, the competent authority may invite scholars, experts and other government authorities, departments or individuals concerning the arbitration to present in the arbitration meetings, as to provide their statements or opinions.
Article 20
The competent authority shall complete the arbitral award within three months after it receives the arbitration application or from the date it initiates an ex officio investigation, and the duration may be extended for one month if deemed necessary and all parties concerned shall be notified.
The term mentioned in the preceding paragraph shall begin from the second day after the correction is made if the correction is demanded pursuant to Article 18, and begins from the second day after the given period for correction expires even should no correction be made.
The arbitral award shall include at minimum the following items:
1. Names of parties concerned, primary offices and names, residences and ID numbers of representatives;
2. Name, residences and ID numbers of authorized proxies if any;
3. Conclusion of the arbitration;
4. Facts;
5. Reasoning;
6. Date; and
7. A statement indicating that the intention of administrative ruling, and the procedure, time limit, and the agency for an appeal.
The competent authority reach arbitration in part or whole or determine a temporary plan depending on the negotiation situation of the said case.
The original copy of the arbitral award in Paragraph 3 shall be served on all parties concerned within 10 days after it is made.