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法規名稱(Title) Regulations for Administration of the Third Generation Mobile Communications Business Ch
廢止日期(Abolished Date) 2020.02.17

  Chapter 3: Operational Management

   Section 2: Supervision on the Business

Article 63
In order to increase the rights and interest of citizens’ basic communication, to provide the basic communication service to the remote areas, and to achieve the goal of telecommunication popularization, the carrier shall submit the popularization and service fund for telecommunication business according to Regulations on Telecommunications Popularization Service.
Article 64
If the carrier is also the carrier of the second generation at the same time, the carrier shall provide the second generation mobile telecommunications network for the service of internet roaming to the new carrier. The arrangement of the roaming service shall be decided through the negotiation among carriers. When providing the roaming telecommunication service, the carrier shall report to the authority for approval and reference.
The new carrier referred in the preceding paragraph is not carrier who operates both the third generation mobile telecommunication business and the second generation business.
Article 65
The carrier of mobile telephone business shall provide the equal access services according to relevant regulations in Regulations Governing the Equal Access Service.
Article 66
The carrier shall provide services equally. Without legitimate reasons, the carrier cannot reject the request made by a citizen to use the service of this business in the approved operating areas.
The authority shall restrict the carrier in the quantity of the subscriber numbers in this business applied by a citizen using the same identification numbers. The carrier shall conduct the business according to the regulations made by the authority.
Article 67
Within three years from the day when the carrier acquires the permit of system installation, the radio wave coverage range of the base stations shall achieve 50 percent of the population in the operation areas.
Article 68
The carrier’s accounting system and accounting treatment shall comply with the Regulations Governing Accounting System and Treatment of Type I Telecommunications Enterprises regulated by the authority.
Article 69
The operators shall decide the tariffs for this business in accordance with the Administrative Regulation Governing Tariffs of Type I Telecommunications Enterprises base on Article 26 of the Telecommunications Act.
Article 69-1
When the carrier provide the brief codes made by the carrier or the telecommunication numbers allocated by the authority for users to download films, pictures, audio messages, data, or text messages by dialup, the carrier shall explain the charging methods to the subscribers and obtain the subscribers’ consent in advance before the charging calculation starts.
When the carrier cooperates with other organizations to provide the service mentioned in the preceding paragraph, the carrier shall report the cooperating subject, methods, and the used brief codes or telecommunication messages to the authority for reference within seven days before providing the service. When there is any alternation, the carrier shall follow the above procedure as well.
From the day when the carrier provide the service mentioned in Paragraph 1, the carrier shall conduct the daily testing of the charging method explained to the subscribers and preserve the records for the authority’s irregular examination. If necessary, the authority shall ask the carrier to conduct the testing of the telecommunication terminal facilities that are used for services.
If the service content provided by the carrier is different from the items approved by the authority, the service shall be terminated according to notification from the authority.
Article 70
If a user refuses to pay or delays in paying the tariffs, the carrier shall give a notice to the user to pay the overdue payment in a comparable period of time and shall notify the user that the service shall be terminated according to the service contract if the user does not pay all the overdue payment in a time limit.
Before the time limit mentioned in the preceding paragraph is due, the carrier shall not terminate the service due to the unpaid overdue payment.
Article 71
The carrier shall stipulate business regulations according to the relevant terms of the services and shall announce for execution after reporting to the authority and approved by it. The business regulations shall placed in every business places and on the website for consumers’ reference. If there is any alternation, the above regulations and procedures shall be followed as well.
The business regulations shall stipulate fair and reasonable service terms and contain the following particulars:
1. Items of services provided by the carrier
2. Charge standards of each service and the terms for tariff adjustment
3. Restrictions on and terms for the user’s personal information
4. Measures to indemnify users form any damage when the carrier’s concession license is revoked or suspended, or the business is forced to be terminated.
5. Measures to respond the damages caused by the errors, delays, interruption, or the failure of transmission due to the obstruction or blockage in telecommunication facilities
6. Measures to respond the user’s complaints and other items related to the user’s rights and interest
7. Other terms of services
If there is any matter that cause damages to the consumers’ rights and interest or any unfair matter in the business regulations, the authority can ask the telecommunication enterprises for remedy within a time limit.
The standardized service contract made by the carrier and the user shall contain each items mentioned in Paragraph 2 and shall be reported to the authority for approval before it becomes effective. It cannot violate regulations of Telecommunications Act and business regulations. If there is any alternation, the above regulations and procedures shall be followed.
The carrier shall sign a contract with the user respectively according to the standardized service contract reported to and approved by the authority. The carrier that operates this business by means of prepaid cards or other prepaid tariffs shall follow these regulations as well.
If there is any alternation or correction to the standardized service contract used for the carrier and the users, the content shall be announced by media before it is executed.
Article 72
The service quality and internet capacity provided to customers and operated by the carrier of the third mobile telecommunications network shall comply with the service quality regulations and related technical regulations made by the authority.
The authority can conduct evaluation or authorize the civil organizations to conduct the evaluation if necessary and shall announce a regular evaluation report about the service quality of each carrier.
Article 73
If the carrier’s improper operation or the bad service quality causes damages to the user’s rights and interest, the carrier shall correct the situation within a time limit notified by the authority.
Article 74
When the mobile communication networks established by the carrier connect with other networks of Type I telecommunications enterprises, the carrier shall conduct the business according to Regulations Governing Network Interconnection among Telecommunications Enterprises.
Article 75
The carrier shall provide relevant information when there is any request for inquiring the utilization of telecommunications and the contents for the purpose of investigations or collection of evidence according to legal procedures.
The supervision items of the telecommunications contents mentioned in the preceding paragraph shall be conducted according to Communication Protection and Supervision Act.
The communication records of the telecommunications mentioned in Paragraph 1 shall be preserved at least six months.
When carriers establish, newly construct, newly add, or extend the third generation mobile telecommunications systems, the facilities related to communication supervision shall comply with Communication Protection and Supervision Act and its enforcement rules.
Article 76
The carrier shall preserve the communication records of the telecommunication at least six months.
The carrier shall provide the communication records preserved according to the preceding paragraph for the inquiry application from users.
Article 77
The carrier shall verify and key-in the users’ information. The service can be used after the carrier save the information in the system archive for reference. The information shall be preserved at least one year after the service contract is terminated. When the related authorities inquire the information according to legal regulations, the carrier shall provide the information. The carrier that operates this business by means of prepaid cards or other prepaid charging methods shall obey these regulations as well.
The users’ information mentioned in the preceding paragraph includes the user name, address, the numbers of two documents verifying identification, and allocated numbers that can be used for identification.
The numbers of two documents verifying identification referred to in the preceding paragraph, in the case of an applicant being a domestic natural person, shall refer to the user’s ID number and passport number, or either the ID number or passport number and a number of another form of identification that suffices to identify the individual; in the case of an applicant being a foreign natural person, numbers of two documents verifying identification shall refer to the user’s passport number and Alien Permanent Resident Certificate (APRC) number, or either the passport number or the APRC number, and a number of another form of identification that suffices to identify the individual; in the case of an applicant being a legal person, non- legal person or company, numbers of two documents verifying identification shall refer to the verifying document of legal person, non- legal person or company number and the representative’s ID number, the passport number or APRC number.
Those who cannot accord with the required two forms of documentation shall be handled in accordance with other laws and regulations.
The input of the user’s information mentioned in Paragraph 1 shall be completed within 2 days from the date when the application is accepted by the carrier.
Article 78
The carrier operates this business by means of prepaid cards or other prepaid charging methods shall review the user’s information every week. If there is any matter that the user starts using the service but there is not the user’s information in the system, the carrier shall notify the user for remedy within one week. If the user does not make the remedy, the carrier shall terminate the communication.
Article 79
If the carrier is going to suspend or terminate parts or all of business, the carrier shall report to the authority for approval three months before the scheduled suspension or termination date and shall notify users one month before the date of the approved suspension or termination.
When the carrier terminates the whole business through the approval from the authority, the authority shall revoke its concession license.
If the carrier does not restart the business or terminates the business when the period of the suspension is due, the authority may take proper measures to deal with such issue if necessary.
Article 79-1
The operator, when terminating its whole service due to the expiry of the concession license, shall submit a business termination plan to the competent authority for its reference three months prior to the expiry of the concession license, and shall also notify its subscribers one month prior to the expiry of the concession license.
The foresaid business termination plan shall disclose the following:
1. The number of users when submitting the plan and the expected decrease of the number of users prior to the expiry of the concession license.
2. Mobile telecommunications network service tariff plan enabling the transfer of subscribers.
3. Amount of refunds of deposits and overpayments.
4. Plan for the announcement of business termination.
5. Specific measures to notify subscribers.
6. Customer service response plan.
7. Alternatives for signal coverage.
Article 80
The carrier shall provide the service of portable numbers according to Regulations Governing Number Portability.