Chapter III Operations Management
Section 1 Technical Monitoring
The telephone numbers the nominated bidder or the operator utilizes shall be implemented per Article 20-1 of the Act and per the Regulations Governing Telecommunications Numbers.
The operator, when offering voice service, shall provide, without charge, to the subscribers the 110, 112 and 119 emergency telephone number dialing service.
The operator shall provide, free of charge, to the subscriber the disaster prevention warning cellular broadcast messaging service.
The operator shall prioritize processing the 110, 112, and 119 emergency telephone numbers and the disaster prevention warning cellular broadcast messaging.
The term disaster prevention warning cellular broadcast messaging referred in the preceding Paragraph refers to relevant information supplied by disaster prevention and relief competent authority on disaster area likely to occur or that has already occurred, which is transmitted as disaster warning messaging through the operator's mobile broadband system via the broadcasting means to relevant regions.
In order to transmit Public Warning System messages, the operator shall cooperate with the unified message exchange format and the number of transmissioncharacters announced by the central regulating authorities of disaster prevention and protection business to establish a cell broadcast entityand relevantequipment; in addition, it shall cooperate with the central regulating authorities of disaster prevention and protection business to conduct relevant testing.
The operator shall voluntarily notify the subscriber of the disaster prevention warning cellular broadcast messaging service function's activation date and relevant information on mobile stations that are able to receive said messaging service.
When the operator intends to update the cell broadcast entitysoftware of its mobile broadband system, three days prior to the online testing date, it shall submit the testing plan to the competent authority for reference before the implementation.
The operator, subject to the competent authority's approval on its transferred mobile telephone system per Article 45, may forego offering the disaster prevention warning cellular messaging service; however, the system shall at least be equipped with the disaster area emergency short-messaging service function.
The term disaster area emergency short-messaging as referred in the preceding Paragraph pertains to availing emergency notification short-messaging on relevant disaster information provided by competent disaster rescue authorities to the subscriber's number within the perimeters covered by the transmission stations in an area where disaster is likely to occur or that has already occurred.
The operator is not held liable to compensatory liability to content and transmission result of the disaster prevention warning cellular broadcast messaging or the disaster area emergency short messaging.
The induction date concerning the disaster prevention warning cellular broadcast messaging service function is to be announced by the competent authority.
If communications failure exceeds30 minutes, due to disasters or other major incidents causing machine/line disruptionsor cyber security incidents, affecting more than one thousand users, operators shall conduct notification operations in accordance with the provisions of Paragraph 2. Thesame shall apply for those who are ordered by the competent authority to conduct notification within a specified time.
When the operator handles the notification operation in accordance with the provisions of the preceding paragraph, it shall proceed in accordance with the following notification procedures:
1.Within fifteen minutes after the occurrence of the situations specified in the preceding paragraph, it shall use the system designated by the competent authority to notify the occurredtime, the impact status, and the handling measures of the machine/line obstacle or the cyber security events.
2.After the occurrence of the situation specified in the preceding paragraph, the situation of the disruption and theprogress of resolution shall be updated every three hours prior to the resolving the disruption. However, when there are major changes in the situation, it shall submit anotification at any time.
When the operator is unable to conduct notification in accordance with the provisions of the preceding paragraph, it may conduct notification via facsimile, telephone, email, text message or other means.
Within an hour after the circumstance specified in Paragraph 1 occurs, the operator shall disclose the status to users through broadcasting, television, internet and other electronic media. The said status shall include the cause of obstacle, affected areas, and estimated time of completing the repair work and restoration of services. Within an hour after completing the repair work and restoration of services with regard to the malfunction as described in Paragraph 1, the operator shall disclose the damage handling methods to users in accordance with Subparagraph 5 of Paragraph 2 of Article 71.
The competent authority may reward or subsidize operators that have proactively implemented disaster prevention and mitigation works and those that have been evaluated as an extraordinary operator by the government.
Operators shall, within three months from the date of notification by the competent authority, undertake an inventory check of its telecommunications infrastructure in accordance with the Regulations on Selecting the National Critical Infrastructure issued by the Executive Yuan. For infrastructure listed as critical telecommunications infrastructure, the self-assessment of critical telecommunications infrastructure shall be conducted; the operator shall submit the National Critical Infrastructure Basic Information Form to the competent authority to assess the items and levels of its critical infrastructure.
If the mandatory provision items on the National Critical Infrastructure Basic Information Form provided by the operator specified in the preceding paragraph are incomplete, the operator shall undertake corrective actionwithin a specified period oftime stipulatedby the competent authority.
Within three months from the date the competent authority assesses the items and levels of the critical infrastructure, the operator shall complete the critical infrastructure security protection plan of the mobile broadband business in accordance with the format and items of the National Critical Infrastructure Security Protection Plan Framework issued by the Executive Yuan, and submit it to the competent authority for reference.
If the content of the critical infrastructure security protection plan provided by the operator specified in the preceding paragraph is incomplete, the operator shall undertake corrective actionwithin a specified period oftime stipulatedby the competent authority.
Operators shall conduct their own drills regularly in accordance with their critical infrastructure security protection plans and make written records, which shallbe retained for five years.
The competent authority may designate the operator to conduct drills in accordance with its critical infrastructure security protection plan;the competent authority shall evaluate the drillsundertaken; if there are matters to be improved in the evaluation results, the operator shall undertake corrective actionwithin a specified period oftime stipulatedby the competent authority.
Of the operator that has launched a mobile broadband system, the competent authority may conduct random or routine reviews and inspections.
The operator, when uncovering that its wireless radio frequencies should be interfered by the existing, legal radio stations' wireless radio frequencies in frequencies not run by the operation, shall coordinate and settle the matter with the existing, legal radio stations, and in the absence of an agreement, the operator may request the competent authority to declare a disposition ruling; the radio station shall comply with competent authority's decision.
The nominated bidder or operator that applies for unpaired frequency segment in accordance with Subparagraph 2 of Paragraph 1 of Article 7 shall use frequency segments conforming to the frequency boundary assigned by the competent authority before submitting the solution of non-interference to the guard band.
In accordance with Paragraph 1 or 2 of Article 42, the nominated bidder or operator of unpaired frequency segment that applies for utilization of guard band shall submit the foresaid solution of non-interference to the competent authority for approval and shall remit the wireless radio frequency utilization fee for utilization.
The nominated bidder or operator that applies for paired frequency segment in accordance with Subparagraph 2 of Paragraph 1 of Article 7, shall adhere to the coordination principles to resolve the interference problem resulting from varying adoptions of Division Duplexing technology between different nominated bidders or operators.
Once the coordination has failed, the nominated bidder or operator that adopts TDD pattern shall undertake prevention measures and tolerate interference from FDD pattern.
The winning bidder or operator of the frequency band and frequency specified in Item 2, Subparagraph 4, Paragraph 1 of Article 7, shall share frequency band and frequency with the existing stations in the frequency band of 3610MHz to 4200MHz, in accordance with the provisions of Article 46 of theseRegulations and the Regulations for Administration of Base Stations of Mobile Communications Network Businesses.
The problem of mutual interference between the released segments shall be solved by the winning bidder using technical means or by coordination to retain guard bands. If agreement cannot be reached,the situation maybe reported to the competent authority for resolution.
The operator's mobile broadband system connecting to other public communications networks shall conform to the following stipulations:
1.It shall not infringe on any individual communication privacy.
2.A proper quality of the telecommunication service is to be maintained.
3.It shall not impair other telecommunication enterprise's connecting telecommunication equipment, orother public telecommunications networking equipment.
4. There shall be clearly defined liability dividing points to connecting telecommunication equipment of other telecommunication enterprises.
5.It shall be equipped to offer the receiving subscriber with incoming call display of the international country code and the service function of the option to decline receiving international calls.
When failing to comply with the foresaid stipulations, the competent authority may order the operator to adopt improvement within a prescribed deadline, or restrict the operator from operating the system.
In the event where the operator should be given a revocation or abolishment ruling on its concession license, the competent authority shall revoke or abolish the operator's wireless radio frequencies assigned.
The operator and the entity securing the founding inception consent letter shall jointly establish a development coordination team for coordinating the network interconnection, network roaming, station co-development and other sharing matters.
The operator shall hire senior telecommunication personnel who shall be responsible for monitoring the telecommunication equipment's operation, maintenance and utilization, and who shall alsoacknowledge and sign the daily operations journal and maintenance journal.
The foresaid installation and maintenance daily journals shall be retained for one year, and when the competent authority dispatch personnel to audit the paperwork, the operator shall readily supply the information.
Section 2 Operational Monitoring
To facilitate the general population with basic communication equity by offering basic communication to remote areas for achieving the goal of telecommunication prevalence, theoperator shall remit the Telecommunications Universal Service Fund in accordance with the Telecommunications Universal Service Regulations.
Existing operators thathave been awarded frequency bands and frequencies specified in Subparagraph 4, Paragraph 1 of Article 7, shall provide their mobile broadband systems, consisting of base stations, fourth-generation mobile communications base stations, connected switching equipment, transmission line equipment, and so on to the incomingoperators for domestic roaming services. The domestic roaming service arrangements shall benegotiated among operators. However, thisdoes not apply to the services not provided by the network of new operators.
The domestic roaming service referred to in the preceding paragraph shall be providedfromthe date the incomingoperator obtains permission to establishthe mobile broadband service system until December 31, 2025.
The incomingoperators mentioned in the preceding two paragraphs shall refer to only the operators that have beenawarded with the frequency bands and frequencies specified in the Subparagraph 4, Paragraph 1 of Article 7.
The domestic roaming services negotiated among operators to be provided shall be limited to the roaming service area announced by the competent authority, unless the operators conduct negotiations to provide the domestic roaming service specified in Paragraph 1.
The operators negotiating to provide the domestic roaming services specified in Paragraphs 1 and 4 shall submit the agreement documents and apply to this Commission for the approval of the change of the business plan in accordance with the provisions of Paragraph 8, Article 40.
The operator, when offering voice service, shall offer equal access service in accordance with Paragraph 4 of Article 20-1 of the Act and per the Regulations Governing the Equal Access Service.
The operator shall offer fair service, and without just cause, may not refuse members of the general public from applying for the operation's service within the operating region the operator has been approved to operate.
The competent authority may restrict the operator in accepting applications for subscriber number ports to the operation's service using the same uniformed identification card number; the operator shall process the application in compliance with stipulations set by competent authority.
Within five years fromthe date the operator has been awarded the frequency band and frequency specified in Subparagraphs 1 to 3, Paragraph 1 of Article 7 obtains the system installation permit, the construction of the fourth generation mobile communications base stationsamong its the high-speed cell sites shall comply with the following provisions:
1.The number should be more than 80% of the total number of base stationsalready constructed, or more than 1,000 cell sites.
2.The coverage of radio waves should reachat least50% of the population of its business area.
Operator's coverage of the fifth generation mobile communications base stations among its high-speed base stations should exceed50% of the population of its business area within five years fromthe date the operator was awarded frequency band and frequency specified in Subparagraph 4, Paragraph 1 of Article 7 andthe system installation permit.
Within five years fromthe date the operator obtained aconcession license of 3500MHz band and system installation permit, the number of the fifth generation mobile communications base stationsamong its 3500MHz band high-speed cell sites should exceed1000.
Within five years fromthe date the operator obtained aconcession license of 28000MHz band andthe system installation permit, the construction of the fifth generation mobile communications base stationsamong its 28000MHz band high-speed base stationsshall comply with the following provisions:
1.For the operator with the allocated bandwidth reaching 100MHz, the number of base stations shall reach 375. For those with bandwidths over 100MHz and less than 800MHz, there should be at least 375 more base stationsper 100 MHz.
2.The number shall be more than 3000 base stationsfor operatorswith theallocated bandwidth above 800MHz.
The provisions of Paragraphs 1 and 2 shall not be applicabletooperators thatonly obtain a28000MHz band concession license.
The operator's accounting system and accounting processing shall be implemented in accordance with Article 19 of the Act and per the Accounting Standards and Regulations for the Type-I Telecommunications Enterprises.
In formulating the operation's billing rates, the operator shall implement them in accordance with Article 26 of the Act and per the Administrative Regulation Governing Tariffs of Type-I Telecommunications Enterprises.
Operators thatprovide users with video, image, audio and other services shallfirst disclose the billing method to users and obtain users' consent prior toproviding the service.
The operator, when jointly offering the foresaid service with other institutions (entities), shall voluntarily declare the collaboration subject, cooperation method and the operating short-messaging number or telecommunication number to the competent authority within a seven-day period before offering the service. The same also applies in all subsequent changes.
The operator shall, effective from the date the service specified in Paragraph 1 is offered, conduct tests on the billing method it has disclosed to the subscriber on a daily basis and shall also retain the records for a month in preparation for the competent authority's random verification and audit, and the competent authority may order the operator to supply the service's telecommunication end equipment and also support the testing.
The operator, when its service should be found to deviate from the voluntary declaration made with the competent authority, shall cease to offer said service in compliance with the competent authority's written notice.
In the event where a subscriber should refuse or delay in remitting the billable charges, the operator may set a comparable period to urge the subscriber to remit the overdue billable payment, and is also to inform the subscriber that the service will be suspended per the service contract if the overdue payment has not been remitted within the specified deadline.
Before the foresaid running period expires, the operator may not cease to supply the telecommunication service on the grounds of late payment.
The operator shall formulate relevant terms and conditions on its service, formulate the business rules and regulations, which are to be declared with the competent authority for approval before the rules and regulations are implemented accordingly, and shall also post relevant terms and conditions at its business premises and on its official website as a public notice. The same also applies to all subsequent changes.
The foresaid business rules and regulations shall specify fair, rational service terms and conditions, and shall also disclose the following matters:
1.The service items the operator offers.
2.Various servicing billing standards and terms and conditions of billing adjustment.
3.Restrictions and terms and conditions on gathering, processing and utilization of the subscriber's basic information.
4.The compensation method in the event where the operator should be revoked or abolished of its concession permit, temporarily suspend or terminate its business that suffice to inflict harm on the subscriber's equity.
5.The disposition method in the event where the telecommunication line equipment should encounter malfunction, disruption to result in incurring damage due to error, stalling, disruption or non-transmission.
6.The response to the subscriber's complaint and other items related to subscriber rights.
7.Other service terms and conditions.
When offering audiovisual content service via the audiovisual content transmitting platform, an operator's business rules and regulations shall not only disclose the various foresaid terms and conditions, but shall also disclose the following matters:
1.To ensure the audiovisual content service, the operator shall voluntarily and ominously inform the subscriber the sales method for the service provided and the billing information the subscriber is obligated to pay.
2.Self-governance or means to restrict or safeguard children and teenagers from accessing inappropriate content.
In the event where the operator's business rules and regulations should impair the subscriber's equity or is deemed unfair, the competent authority may order the operator to change the terms and conditions within a specified period.
The template of the service contract the operator and the subscriber enter into shall state all matters specified under Paragraph 2, and shall be declared with the competent authority for an approval before it is implemented, and it also may not violate stipulations of the Telecommunications Act and regulations and the operator's business rules and regulations, and the same shall apply to all subsequent changes.
The operator shall enter into a service contract with the subscriber individually in accordance with the template of the service contract approved for implementation. The same also applies to the rendering the operation's service using the prepaid card or other prepaid billing methods.
The operator, when amending terms and conditionsof the template of the service contract it has entered into with the subscriber, shall announce the content on the mass media before the amendment takes effect.
For operators of the mobile broadband system, their client service and system functionalities shall comply with the service quality guidelines set by the competent authority.
The operators must not reduce the frequency coverage or service quality of system transferred as described in Article 45 without competent authority's approval.
Thecompetent authority may, depending on practical needs, conduct or commission a private entity to conduct an evaluation, and announce the evaluation report of all operators' service quality on a regular.
The operator shall, when found with poor management or poor service quality that suffices to impair the subscriber's equity, adopt improvement within a deadline specified by the competent authority.
The operator, when interconnecting to other telecommunication enterprise networks, shall implement the work in accordance with Article 16 of the Act and per stipulations of the Telecommunications Enterprise Network Interconnection Management Measures.
When relevant government agencies inquire for the existence and content of certain telecommunication per legally authorized procedure, the operator shall readily supply the information.
The monitoring of the foresaid telecommunications content shall be implemented per the Communication Security and Control Act.
The operator, when developing or newly installing, newly appending, or expanding its mobile broadband system, shall have its communications monitoring and relevant equipment implemented in accordance with relevant stipulations set by the Communication Security and Control Act and its implementation details.
The operator shall retain the telecommunications records for at least a six-month period.
The operator, in response to the subscriber's own inquiry request, shall supply its communications records retained per the foresaid stipulation.
The operator shall verify and catalog the subscriber data, and only after uploading the data into the operator's system and the data file is stored and verified before the service may be activated; the service data shall be retained at least one year after the service contract has been terminated, and when inquired by relevant government authorities in compliance with legal stipulations, the operator shall readily supply the subscriber data. The same also applies to service providers that operate mobile broadband service using the prepaid card or other prepaid methods.
The foresaid subscriber data encompasses information such as the user name, address, two proof of identity document numbers, and the assigned number and so forth.
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 upload of the subscriber data described in Paragraph 1 shall be completed within two days following the operator accepting an application.
The operator, when running the operation's service with the prepaid card or other prepaid billing methods, shall recheck the subscriber data on a weekly basis, and in the wake of subscribers who have activated the service but the operator has yet appended the subscriber data, the operator shall notify the subscriber to retroactively supplant the information within one week, and when failing to do so, the operator shall temporarily suspend the communication service.
Of the foresaid stipulation, the operator shall specify it in its business rules and regulations and in its service contract specimen.
The operator, when planning to temporarily suspend or terminate its service as a whole or in part, shall file a request with the competent authority for approval three months prior to the scheduled temporarily suspension or termination date, and shall also notify the subscriber one month prior to the scheduled temporarily suspension or termination date.
In the event where the operator should be terminated of its entire operation as approved by the competent authority, the competent authority shall abolish the operator's concession permit.
At the expiry of the foresaid temporarily suspension period or when the business has been terminated, the competent authority may adopt adequate disposition where deemed necessary.
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 threemonths 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.Amount of refunds of deposits and overpayments.
3.Plan for the announcement of business termination.
4.Specific measures to notify subscribers.
5.Customer service response plan.
6.Other consumer protection measures.
The operator shall offer number portability services in accordance with Paragraph 4 of Article 20-1 of the Act and Regulations Governing Number Portability.
Where the operator or bidder that has already acquired the establishment approval plans to use telecommunications numbers of a mobile communications operator that has terminated the service, the operator or bidder shall submit the application to the competent authority according to Regulations Governing Telecommunications Numbers; Regulations Governing Number Portability relevant regulations are not applicable to those who have received an approval.
Section 3 Frequency Operating Right Transfer
In the case where the nominated bidder completes the process as stipulated under Article 36, upon remitting the bid award guarantee or the initial payment of the bid award guarantee to the competent authority, and offer guarantee on the remainder of the bid award guarantee and the interest, the two parties or the multiple parties may reach an agreement to revert the frequencies segments they have secured the bid within a six-month period, and to apply with the competent authority, per Article 48 of the Act, to assign or reassign frequencies of the same frequency segments and the same frequency bandwidths.
Of the foresaid application, each of the parties shall jointly submit the following documents:
1.The enterprise plan or the amending description and related document of the enterprise plan
2.Photocopy of the frequency utilization transfer agreement.
3.Frequency assignment application form.
Only after reviewing the documents specified in Subparagraph 1 of the preceding paragraph in accordance with the provisions of Paragraph 7 or 8 of Article 40, and issuing the establishment permit letter or approving the changes of the business plan, may the competent authority allocate frequencies in accordance with the provisions of Article 48 of these Regulations.
In the event where the application documents in Paragraph 2 should be deemed incomplete, or the entry content be deemed incomplete, or the entries be deemed to contain error, the competent authority shall notify the applicant to adopt retroactive correction within a prescribed deadline; when failing to complete retroactive correction or the correction is still deemed incomplete, the application shall be declined.
Of the nominated bidder that reverts frequencies in Paragraph 1, the nominated bidder shall remit the bid award guarantee on the nominated frequency bid it has reverted within a three-month period from the competent authority's approval date before the approval is to formally take effect.
If amendment to the system development plan is necessary, the nominated bidder in Paragraph 1 shall file a request with the competent authority in accordance with Paragraph 5 of Article 43 at that time.
Where the operator obtains a system technical examination certificate for any of its frequency segment awarded in the pastaccording to Paragraph 1 of Article 47, the operator may negotiate with other operators to return the frequency segment awarded that time in part or whole, and then have other operators to apply for an allocation to the competent authority in accordance with Article 48 of the Telecommunications Act.
The operator that is allocated with a frequency according to the preceding Paragraph may negotiate with other operators to revert frequency; and said operators shall apply to the competent authority for allocation in accordance with Article 48.
The operator shall comply with the following regulations in order to submit the applications as described in the two preceding Paragraphs:
1.The provisions of Article 66 concerning the construction of high-speed base stationsfor this business.
2.Complying with the business plan that is related to the total number of high-speed transmission base stations and has been approved by the competent authority according to Paragraph 1 of Article 40.
The frequency acquired by theoperator according to Subparagraph I of Article 1 of Article 7 shall not be bounded by Subparagraph I and 2 of the preceding Paragraph; the frequency acquired by the operator according to Subparagraph 2 of Article 1 of Article 7 shall not be bounded by Subparagraph 2 of the preceding Paragraph.
Application as described in Paragraph 1 and 2 shall be submitted with the following documents:
1.Amendment to business plan and relevant documents.
2.Photocopy of the frequency transfer agreement.
3.Application for frequency allocation
Only after reviewing the documents specified in Subparagraph 1 of the preceding paragraph and approving the change in accordance with the provisions of Paragraph
8 of Article 40, may the competent authority allocate frequencies in accordance with the provisions of Article 48 of these Regulations.
Where the application documents stated in Paragraph 5 or their content are incomplete or mistaken, the competent authority shall notify the operator and request it to undertake corrective action within a prescribed deadline. The applications of those operators that fail to undertake corrective action or the corrections were deemed incomplete shall be rejected.
For approval to become effective, the nominated bidder that reverts the frequency as described in Paragraph 1 shall arrange the nominated bid for reverted frequency within three months upon receipt of the competent authority's approval.
Where the operator that submits an application as described in Paragraph 1 and 2 needs to change the system installation plan, it may submit the application together in accordance with Paragraph 5 of Article 43.
The application filed per the preceding two provisions, when falls under one of the following circumstances, will not be approved:
1.The transferred frequency bandwidth should be other than the event multiplier of 5MHz each for upload and download.
2.The transferred frequency bandwidth within unpaired frequency segment should be other than the event multiplier of 5MHz, or within paired frequency segment should be other than the event multiplier of 5MHz.
3.The transferring party's remaining frequency bandwidth should fall below than 10MHz each for upload and download, 10MHz within unpaired frequency segment, and 10MHz within paired frequency segment for each pair.
4.The assuming party's total frequency bandwidth after the transfer should exceed one-third of the total mobile broadband operation frequencies.
5.The assuming party's total frequency bandwidth below 1GHz after the transfer should exceed one third of the total frequency bandwidth below 1GHz.
6.The assuming party's total frequency bandwidth below 3GHz after the assignment should exceed one third of the total frequency bandwidth below 3GHz.
7.The assuming party's total frequency bandwidth below 6GHz after the assignment should exceed one third of the total frequency bandwidth below 6GHz.
If there are specialcircumstancesthat have been approved by the competent authority, an operatormay not be subject to the restrictions specified in the provisions of Subparagraphs 4 to 7 of the preceding paragraph.
Of frequencies transferred under the preceding two Articles, the utilization period shall extend up to the validation date under Paragraph 1 of Article 51.