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法規名稱(Title) Regulations Governing Network Interconnection among Telecommunications Enterprises Ch
修正日期(Amended Date) 2017.11.01

  Chapter 3 Network Interconnection between Type I Telecommunications Enterprises and Type II Telecommunications Enterprises

Article 33
Except as other laws and regulations provided, the Type I telecommunications enterprises shall not refuse the direct interconnection requested by Type II telecommunications enterprises without reasonable ground.
For one of the following cases that are verified by the NCC, the preceding paragraph regarding network interconnection is not applicable:
1. No technical feasibility.
2. It may affect the security of the telecommunications equipment.
Article 34
The sharing of tariff for network communications between a Type I telecommunications enterprise and a Type II telecommunications enterprise shall follow the provisions in this Chapter, and it may decide through negotiation between telecommunications enterprises if it is not provided in this Chapter.
For Type I telecommunications enterprises that are directly interconnected with Type II telecommunications enterprises, their telephone traffic generated due to switching to Type II telecommunications enterprises shall be negotiated with other Type I telecommunications enterprises and related cost shall be paid.
Article 35
Ownership of tariffs for communications between fixed telecommunications network and Type II telecommunications enterprises that offer long-distance or international telecommunications service shall follow the following principles:
1. When local network service subscribers use long-distance telecommunications in the mode of call-by-call selection service, the tariff is priced by Type II telecommunications enterprise engaged in long-distance telecommunications and collected from the subscribers using its network by means of call-by-call selection service. The revenue from the tariff belongs to the Type II telecommunications enterprises engaged in long-distance telecommunications.
2. When local network service subscribers use international originating or receiving call in the mode of the call-by-call selection service, the tariff is priced by Type II telecommunications enterprises engaged in international telecommunications and collected from the subscribers using its network by means of call-by-call selection service. The revenue from the tariff belongs to the Type II telecommunications enterprises engaged in international telecommunications.
3. The expenses paid to Type I telecommunications enterprises that are directly interconnected with by Type II telecommunications enterprises shall be determined through negotiation between both parties.
4. Type II telecommunication enterprises shall be in charge of the bad debts, and their duty for paying associated costs to the Type I telecommunications enterprises that are directly connected with shall not be exempted due to the bad debts.
Article 36
Ownership of tariff for communications between mobile telecommunications network and Type II telecommunications enterprises that offer international telecommunications service shall follow the following principles:
1. When mobile telecommunication network service subscribers use international originating or receiving call in the mode of the call-by-call selection service, the tariff is priced by Type II telecommunications enterprises engaged in international telecommunications and collected from subscribers using its network by means of the call-by-call selection service. The revenue form the tariff belongs to the Type II telecommunications enterprises engaged in international telecommunications.
2. The expenses paid to Type I telecommunications enterprises that are directly interconnected with by Type II telecommunications enterprises shall be determined through negotiation between both parties.
3. Type II telecommunication enterprises shall be in charge of the bad debts, and their duty for paying associated costs to the Type I telecommunications enterprises that are directly connected with shall not be exempted due to the bad debts.
Article 36-1
Ownership of the tariffs for communications between E.164 Internet telephony Type II telecommunications and E.164 Internet telephony Type I telecommunications/ mobile telecommunications network/ local telecommunications networks/ satellite mobile telecommunications networks shall be decided on the following principles:
1. The tariff is priced and collected by the call-originating telecommunications enterprise. The revenue from the tariff belongs to the call-originating telecommunications enterprise.
2. The call-originating telecommunications enterprises shall be in charge of the bad debts, and their duty of paying related costs to other telecommunications enterprises shall not be exempted due to the bad debts.
3. The expenses to be paid to Type I telecommunications enterprises that are directly interconnected with Type II telecommunications enterprises shall be determined through negotiation between both parties.
Article 37
Type I telecommunications enterprises shall reach an agreement with Type II telecommunications enterprises within three months from the initial date of demanding network interconnection by the Type II telecommunication enterprises; if no agreement is reached within three-month period, either party shall be entitled to file a written application to the NCC for arbitration, and a duplicate of the application shall be delivered to the other party concerned.
The written application as referred to in the preceding paragraph shall include at least the following particulars:
1. Names of the parties concerned, primary offices and names, residences and ID numbers of representatives;
2. Names, residences and ID numbers of authorized proxies if any;
3. Statements and reasons on issues for arbitration;
4. The initial date of negotiation and process of negotiation.
5. Matters that have been reached consensus or remained unresolved during the negotiation.
The written agreement of interconnection between Type I telecommunications enterprises and Type II telecommunications enterprises shall be submitted to the NCC in written form for reference within one month after it is completed.
The NCC may disclose a part or the whole of the interconnection agreement between dominant market players of the Type I telecommunications enterprises and other Type II telecommunications enterprises. Upon request, the NCC may elect not to disclose such portion of the agreement related to patent or other intellectual property rights.
Article 38
In one of the following cases, the NCC shall reject the arbitration application; provided that the NCC may demand correction of them within a given time if the case could be made up for:
1. The party concerned in dispute is not a Type I telecommunications enterprise or not a Type II telecommunications enterprise announced in Paragraph 8, Article 16 of this Act;
2. The matter concerned in dispute is not related to network interconnection;
3. The parties in dispute requesting for network interconnection have not entered into negotiation;
4. The three-month negotiation period since the request for network interconnection has not lapsed;
5. Those who apply for arbitration of issues that have been arbitrated;
6. The arbitration application is not in line with the statutory requirements.
Article 39
Provisions of Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, Paragraph 1 to 5, 7, 8 of 25, 27, 30, 31 and 32 are applicable to the network interconnection between Type I telecommunications enterprises and Type II telecommunications enterprises.
Provisions of Articles 20, 21, 22, 23, 24 and 24-1 are applicable to ownership of the tariff for communications between the operators engaged in wholesale resale service or mobile resale service and Type I telecommunications enterprises.
Article 40
The scope of the Type II telecommunications enterprises that apply to Articles 33, 34, 35, 36, 37, 38 and 39 shall be announced by the NCC pursuant to Paragraph 8 of Article 16 of this Act.
Article 41
The network interconnection between Type II telecommunications enterprises that are not announced subject to the preceding article and Type I telecommunication enterprises shall be negotiated by interconnected enterprises.