跳至主要內容
:::

所有條文 Article Content

法規名稱(Title) Regulations governing fees of Telecommunications Enterprise with Significant Market Power Ch
公發布日期(Announced Date) 2020.11.26

  Chapter II Fee Controls

   Section 1 Fee control measures

Article 2
The competent authority may enforce a price cap control, determined on the following formula, on the primary fee of the telecommunications enterprise with significant market power pursuant to Paragraphs 2 and 3, Article 33 of the Act:
[(Pt-Pt-1)÷ Pt-1] × 100% ≦(△CPI-X)
The primary fee aforementioned shall include the following:
1.Periodical rent: a flat rate charged to subscribers or other telecommunications enterprises by a fixed period, such as day, month, or year;
2.Call charge: excess voice service fee charged per second, minute, or call;
3.Internet access charge: excess data fee charged by Mbps or Gbps;
4.Wholesale price established in Article 8;
5.Other fees and charges announced by the competent authority.
The primary fees to which the fee control measures in Paragraph 1 apply shall be established and announced by the competent authority.
Article 3
The parameters in the formula in the preceding article shall be defined as follows:
1.Pt: the rate or amount(referred to as the rate hereinafter)of adjusted fee that the telecommunications enterprise with significant market power implement fee control measures adjusting fees each year of implementation;
2.Pt-1: the fee rate of the previous year that the telecommunications enterprise with significant market power implement fee control measures adjusting fees each year of implementation;
3.△CPI: the latest annual rate of increase of consumer price index in Taiwan announced by Directorate-General of Budget, Accounting and Statistics, Executive Yuan each year of implementation;
4.X: adjustment coefficient ;
5.[(Pt-Pt-1)÷ Pt-1] × 100%: fee adjustment percentage.
The adjustment coefficient and years of implementation shall be established and announced by the competent authority.
Article 4
The P t-1 mentioned in Article 2 shall be determined as follows:
1.For the initial determination of the fee, such first-time P t-1 for the first year of implementation;
2.The Pt-1 for the second year of implementation and onwards shall be the fee rate on the last day of the previous year of implementation.
Article 5
The following shall be adhered to when the telecommunications enterprise with significant market power adjust the primary fee of every year of implementation pursuant to the formula specified in Article 2:
1.Where the(ΔCPI-X)value is greater than "0," the percentage of increase shall not exceed the value of(△CPI-X)for the fee provided by the telecommunications enterprise with significant market power that implement fee control measures in the year of implementation;
2.Where the(ΔCPI-X)value is less than "0," the percentage of decrease shall be at least the absolute value of(△CPI-X)or the fee provided by the telecommunications enterprise with significant market power that implement fee control measures in the year of implementation on the first day of implementation; the fee provided in the year of implementation shall not be greater than that determined according to the percentage of decrease based on(△CPI-X);
3.Where(ΔCPI-X)is equal to "0," the fee provided by the telecommunications enterprise with significant market power that implement fee control measures in the year of implementation shall not be increased.
Article 6
For the primary fee increased by the telecommunications enterprise with significant market power pursuant to the preceding article, the rate after adjustment shall not be greater than that determined the percentage of increase in subparagraph 1 of the preceding article each time the fee is adjusted during the year of implementation.
When the magnitude of the primary fee increase by the telecommunications enterprise with significant market power in the year of implementation does not reach the upper limit specified in subparagraph 1 of the preceding article, the remaining percentage shall not be caried over to the year of implementation after the current one.
Article 7
If the primary fee carries a different rate scale when the telecommunications enterprise with significant market power is adjusting the fee in the year of implementation, the fee adjustment percentage shall be the adjustment percentage of each level of the scale based on the traffic flow of that level, which may be determined according to the weighting of Laspeyres Price Index in the appendix but shall not exceed the fee adjustment percentage of the year of implementation specified in Article 5.
If the rate scale adjustment percentage is not determined based on the traffic flow, it may be determined based on the number of subscribers.
The different rate aforementioned in Paragraph 1 shall be the rate established in the same telecommunications service fee based on different time period, communication location or transmission rate.
Article 8
The telecommunications enterprise with significant market power shall establish a wholesale price for the telecommunications services provided for other telecommunications enterprises.
The establishment and adjustment of the wholesale price mentioned in the preceding paragraph shall include the fees for establishment, change or cancellation of connection.
For the establishment of the wholesale price mentioned in Paragraph 1 for the first time, the wholesale price shall be determined by deducting the avoidable costs and fees from the retail price, and shall not be greater than its promotional scheme.
Adjustments to the wholesale price, aforementioned in Paragraph 1, shall
be determined using the following methods and shall be calculated separately; if this results in inconsistent fee rates, the telecommunications enterprise with significant market power shall offer the lower rate:
1.Deducting avoidable costs and fees from the retail price, and shall not be greater than its promotional rates offered for that service;
2.Based on the fee control measures specified in Paragraph 1 of Article 2.