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Title: Telecommunications Management Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Article 30
The competent authority may order enterprises with significance in the specific telecommunications service market to ensure that the agreements made with respect to interconnection, network access components or use of telecommunications infrastructure are fair and reasonable without any discrimination.
The “non-discrimination” as described in the preceding paragraph refers to the fact that the quality, price, conditions and information stipulated under the agreements offered to telecommunications enterprises by the enterprises with market significance are not inferior to that provided to the subsidiaries, affiliates or partners thereof.
Article 73
Those with significance in the market being in any of the following circumstances shall be fined not less than NT$ 1 million but not more than NT$ 10 million and shall be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively upon failure to make the necessary rectification by the prescribed deadline, or the party may have the registration abolished.
1. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 30, where discrimination has been made to other telecommunications enterprises;
2. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 31, where no interconnection, network access components or relevant telecommunications infrastructure is provided;
3. Upon a violation of Paragraph 3 of Article 31, where the party fails to comply with the ruling;
4. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 33, where the set fee has caused cross-subsidy, price squeeze or other results in terms of an abuse of the market position;
5. Upon a violation of fee control measures, implementation methods or management relevant rules set by the competent authority in accordance with Paragraph 6 of Article 33;
6. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 34, where no accounting separation system is established.
Those with significance in the market being in any of the following circumstances shall be fined not less than NT$ 5 hundred thousand but not more than NT$ 5 million and be notified to make corrections within a prescribed deadline. The fine may be imposed consecutively for failure to make the necessary rectification by the prescribed deadline, or the party may have the registration abolished:
1. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 29, where the party fails to disclose necessary information, conditions and expenses related to interconnection, network access components or use of telecommunications infrastructure;
2. Upon a violation of the rules set by the competent authority in accordance with Paragraph 4 of Article 31 with respect to the provision of interconnection, network access component or segmented network components of related telecommunications infrastructure, establishment/co-installation/adoption of network interconnection points, rate calculation or interconnection agreement terms;
3. Upon a violation of the order made by the competent authority in accordance with Paragraph 1 of Article 32, where the party fails to draw up a template agreement or fails to have it approved by the competent authority;
4. Upon a violation of the standards set by the competent authority in accordance with Paragraph 3 of Article 34 with respect to the accounting separation methods and principles; cost separation principles; stipulation and review of accounting operating procedures; and administration management standards;