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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 17:13
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Article 1
This Act is duly enacted in accordance with Article 12 of the Organizational Act of Ministry of Transportation and Communications.
Article 2
The Directorate General of Telecommunications (hereinafter referred to as the “DGT”) shall take charge of the following functions:
1. draw up telecommunications policies and oversee the implementation affairs;
2. oversee international telecommunications administration and cooperation;
3. supervise the operation of telecommunications enterprises and issue the licenses of Type II telecommunications enterprises;
4. manage the tariffs of telecommunications enterprises;
5. regulate the dedicated telecommunications, and manage the establishment and operation of telecommunications network for the academic and educational purpose or dedicated experiment, research and development purpose;
6. regulate engineering technologies of terrestrial, cable and satellite broadcast and television;
7. regulate radio waves and outlaw illegal radio stations;
8. manage senior telecommunications engineers and telecommunications engineers of telecommunications enterprises, and amateur radio operators;
9. inspect and oversee telecommunications equipment, draw up and review the regulations of telecommunications technical specifications;
10. regulate the controlled telecommunications radio-frequency devices;
11. manage radio waves of industrial, scientific, medical and other radiated equipment;
12. settle disputes among Type I, Type II telecommunications enterprises, and suppliers of customer premises equipment;
13. interpret and map out telecommunications related rules and regulations;
14. manage the telecommunications universal service fund;
15. draw up, implement and promote the information affairs of the DGT;
16. take charge of other related affairs of telecommunications management and research;
Article 3
The DGT establishes the Department of Planning, the Department of Public Telecommunications, the Department of Dedicated Telecommunications, the Department of Broadcasting Technology, the Department of Radio Spectrum Management, and the Legal Affairs Office to take charge of the aforementioned functions respectively, and may set up various sections for operation.
Article 4
The DGT establishes the Secretariat to take charge of general affairs, documentation, official seal, public relations, cashier, property management, construction and maintenance, procurement, performance evaluation and matters not belonging to other departments and offices, and may set up various sections respectively for operation.
Article 5
The DGT has 1 director-general in the 13th level of selected rank to take charge of overall affairs, and has 2 deputy directors-general in the 12th level of selected rank to assist the DGT affairs.
Article 6
The DGT has 1 chief secretary, 5 directors and 2 directors of offices, all in the 11th level of selected rank; 1 chief engineer in the 10th-11th level of selected rank; 5 deputy directors, all in the 10th level of selected rank; 1 deputy chief engineer and 5 senior executive officers all ranging from the 9th level of recommended rank to the 10th level of selected rank; 26 to 30 section chiefs in the 9th level of recommended rank; 3 inspectors, 1 to 3 secretaries, 39 to 41 technical specialists, in the 8th to 9th level of recommended rank, including 1 inspector and 13 technical specialists in the 10th level of selected rank; 16 to 20 executive officers in the 7th to 9th level of recommended rank ; 54 to 60 executive officers in the 7th to 8th level of recommended rank; 117 to 129 associate technical specialists and 76 to 88 officers, all ranging from the 4th to 5th level of designated rank, including 43 associate technical specialists and 29 officers in the 6th to 7th level of recommended rank; 118 to 128 junior technical specialists, 21 to 31 junior officers all ranging from the 3rd to 5th level of delegated rank; 20 to 22 clerks in the 3rd to 4th level of delegated rank; 10 to 14 associate clerks in the 1st to 3rd level of delegated rank .
Article 7
The DGT establishes the Personnel Office with 1 director in the 9th level of recommended rank to the 10th level of selected rank to take charge of personnel management according to relevant laws; other staff needed may be recruited within the quota specified in the Act.
Article 8
The DGT establishes the Accounting Office with 1 director in the 9th level of recommended rank to the 10th level of selected rank, to take charge of annual revenues, accounting and statistics according to relevant laws; other staff needed maybe recruited within the quota specified in the Act.
Article 9
The DGT establishes the Civil Service Ethics Office with 1 director in the 9th level of recommended rank to the 10th level of selected rank to take charge of government ethics affairs according to relevant laws; other staff may be recruited within the quota specified in the Act.
Article 10
In order to deal with telecommunications regulatory affairs, the DGT may establish region regulatory stations according to the administrative areas and the demand of affairs after submitting to the Executive Yuan through the Ministry of Transportation and Communications for approval.
Each region regulatory station has 1 station chief, concurrently served by senior executive officers, inspectors or technical specialists appointed by the DGT; 4 to 5 section chiefs, concurrently served by technical specialists, executive officers appointed by the DGT. Other staff may be recruited within the quota specified in the Act.
Article 11
The DGT shall set up the Telecom Conciliation Committee to deal with the followings:
1. disputes on claims among telecommunications enterprises;
2. disputes on claims between the telecommunications enterprise and the telecommunications equipment vender;
3. disputes on claims between the telecommunications enterprise and subscriber(s);
4. disputes on regulations, allocation and assignment of radio frequencies;
5. disputes on engineering technologies and regulatory matters between the telecommunications enterprise and the mass media enterprise;
6. disputes on regulatory matters related to the dedicated telecommunications;
7. other disputes related to telecommunications enterprises and telecommunications regulatory matters.
The Telecom Conciliation Committee comprises 15 to 21 members with one as the Chairperson and all being in non-paid post. All members are recommended by the Ministry of Transportation and Communications and reported to the Executive Yuan for selection and employment.
The Committee mentioned in the preceding Paragraph shall comprise delegates from political parties, governmental organizations, and delegates from experts, scholars and consumer groups. Each sort of delegates shall not exceed one-third of the total of the members; the members of the same political party shall not exceed half of the total members.
The members selection and the operational rules of the Telecom Conciliation Committee shall be enacted by the Ministry of Transportation and Communications.
The regular affairs of the Telecom Conciliation Committee are concurrently managed by the Legal Affairs Office.
Article 12
The DGT may set up various Committees whose members, all being in non-paid post, are invited from governmental delegates, scholars and experts. The rules for selection and employment of members shall be enacted by the Ministry of Transportation and Communications.
The proportion of member composition mentioned in the preceding Paragraph shall comply with Paragraph 3 of the preceding Article.
Various Committee mentioned in Paragraph 1 shall be duly staffed under the quota set forth in the Act.
Article 13
The DGT may, in accordance with the Police Law, establish the Telecommunications Police Brigade after discussion with and upon approval by the police authority.
Article 14
The series used in all the positions described as ranking officers as stipulated in Articles 5 to 9 are based on Article 8 of the Civil Service Employment Act.
Article 15
Before the entering into force of the Act, the current staff of the DGT and its subordinate organizations qualified as civil servants may report to the Ministry of Transportation and Communications to retain their post in line with the administrative demand and the specialty of respective positions.
The ranks and levels of the retaining staff in the preceding Paragraph shall be transferred according to related laws and regulations.
Article 16
For the personnel of the DGT and its subordinate organizations entitled to receive government pensions for retirement, injury or death before these amendments, the regulations governing such pensions shall still apply. The needed pensions shall be appropriated from the fund of the DGT before these amendments coming into force. Rules for such appropriation shall be drawn up by the Ministry of Transportation and Communications, and be reported to the Executive Yuan for approval and promulgation.
Article 17
The operational regulations of the DGT shall be drawn up by the DGT and be promulgated after approved by the Ministry of Transportation and Communications.
Article 18
This Act shall come into force on the date of its promulgation by the order of the Executive Yuan.
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