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法規名稱(Title) Telecommunications Management Act Ch
修正日期(Amended Date) 2023.06.28

  Chapter II Operations of Telecommunications Business

   Section 3 Special Obligations

Article 14
Telecommunications enterprises that use subscriber numbers to provide voice services shall provide free emergency communications services.
Article 15
Telecommunications enterprises who have established a PSTN using telecommunications resources or other telecommunications enterprises announced by the competent authority shall draw up an info-communications security maintenance plan and implement it accordingly.
The plan as mentioned in the preceding paragraph shall include the following matters:
1. The info-communications security management scope and classification methods.
2. Info-communications security management compliant verification measures.
3. Implementation measures of info-communications security management plan.
4. Joint defense and response measures for info-communications security incidents.
5. Other measures that may facilitate the management of info-communications security as designated by the competent authority.
Rules governing the considering factors for the competent authority's determination of the telecommunications enterprises to be announced as prescribed in Paragraph 1; scope of info-communications security management as prescribed in the preceding paragraph; classification methods; verification standards and procedures; joint defense and response reporting operations; and other related matters shall be promulgated by the competent authority.
Article 16
For the purpose of protecting subscribers’ rights and interests and facilitating market competition, telecommunications enterprises that use subscriber numbers to provide telecommunications services shall provide number portability and equal access services.
Where the telecommunications enterprise as described in the preceding paragraph fails to provide number portability or equal access services, it shall submit relevant documents to the competent authority for the approval of exemption.
The number portability service as described in Paragraph 1 refers to the service that enables the subscriber to retain his or her subscriber number when switching from another telecommunications enterprise to the telecommunications enterprise. The equal access service, on the other hand, refers to the service that allows a subscriber to choose the long-distance and international network services provided by other telecommunications enterprises.
Telecommunications enterprises that provide number portability services shall co-establish or join a centralized database management organization to jointly supervise the establishment, maintenance, operation and management of a centralized database.
Rules governing the scope, provision and implementation schedule of number portability and equal access services as described in Paragraph 1 and the preceding paragraph, the establishment, management and restrictions of centralized database management organization, and other related matters shall be promulgated by the competent authority.
Article 17
Telecommunications enterprises designated by the competent authority shall set forth terms and conditions of standard service contract, specify the rights and obligations between them and subscribers, and submit the said standard service contract to the competent authority for approval before implementation. When applying any amendments, the same rules shall be applied thereto.
The terms and conditions of the standard service contract as described in the preceding paragraph shall including the following matters:
1. Service areas and contents;
2. Service fees and conditions;
3. Responsibilities derived from the guarantee of providing prepaid services;
4. The methods of handling damage arising out of error, delay, interruption, suspension or failure in telecommunications services due to a failure or breakdown of telecommunications network, and fee reduction methods therefor;
5. The tariff reductions offered to subscribers when the telecommunications enterprise’s registration is revoked or abolished or when the subscribers’ rights and interests are damaged due to suspended or terminated operations;
6. Consumer complaint-related information and the court of jurisdiction;
7. Restrictions on and conditions for the collection, processing and utilization of subscribers’ personal information;
8. The confirmation and cancellation mechanisms for testing or receiving free telecommunications services;
9. Other matters related to the protection of consumers rights and interests as announced by the competent authority;
Article 18
With respect to the quality of telecommunications services, telecommunications enterprise determined by the competent authority shall conduct regular self-evaluation based on the items and format announced by the competent authority and then publish the evaluation results accordingly. The competent authority may regularly check and publish the investigation results.
Article 19
Where a telecommunications enterprise determined by the competent authority intends to suspend or terminate operations in whole or in part, it shall submit the consumer protection and handling plan to the competent authority 3 months before the date of suspension or termination for approval and notify the consumers 1 month before the date of suspension or termination.
Article 20
Telecommunications enterprises determined by the competent authority shall co-establish complaint handling channels for telecommunications consumers, submit the articles of incorporation to the competent authority, and have them implemented upon receipt of approval.
The articles of incorporation as described in the preceding paragraph shall specify the following matters:
1. Name and business location of the organization;
2. Business items and the management thereof;
3. Conditions and fees for each service and the use and management of expenses;
4. Procedures governing the admission to and withdrawal from the association;
5. The methods of handling members who violate the articles of incorporation;
6. Amendment procedures for articles of incorporation;
7. Other matters designated by the competent authority and/or related to the handling of consumer complaints.
When applying any amendment to the articles of incorporation, the telecommunications consumers’ complaint handling organization shall report it to the competent authority and, upon receipt of the approval, start to implement it.
Telecommunications enterprise determined by the competent authority shall sign a management contract with the telecommunications consumers’ complaint handling organization, commissioning it to handle telecommunications consumer-related complaints. Where the complaint is serious or emergent, the competent authority may directly intervene in the case to handle the disputes.
Upon the establishment of the telecommunications consumers’ complaint handling organization, the competent authority may determine a specific telecommunications enterprise to be affiliated thereto.
A telecommunications consumers’ complaint handling organization shall make dispute handling reports on a monthly basis according to the format announced by the competent authority and shall make an announcement accordingly.
The rules governing the establishment of a telecommunications consumers’ complaint handling organization, the supervision and management of business practice, and other related matters shall be promulgated by the competent authority.
Article 21
When determining a telecommunications enterprise as described in the preceding 4 articles, the competent authority shall take the following factors into consideration and specify the reasons:
1. Revenue of telecommunications enterprise’s telecommunications services;
2. Types of telecommunications services;
3. The items and quantity of telecommunications consumer complaints.
The standards for determination as described in the preceding paragraph shall be promulgated by the competent authority.
In case of a disagreement with the determination of the competent authority as described in the preceding paragraph, the determined telecommunications enterprise may submit related supporting documents to the competent authority to apply for cancelling the determination.
Upon receipt of the application as described in the preceding paragraph, the competent authority shall make a decision within 2 months. Where the competent authority fails to make a decision upon the expiry, the determined telecommunications enterprise may file an appeal directly.