Print Date:111/12/01 07:33

  Chapter 2 Network Interconnection between Type I Telecommunications Enterprises

   Section Five – Network Interconnection Agreement and Procedure of Arbitration

Article 26
The network interconnection agreement between Type I telecommunications enterprises shall be negotiated by the interconnecting enterprises, and a written agreement shall be signed.
Except the long-distance telecommunications between local network service enterprises in different local telephone business areas, if the communication between two Type I telecommunications enterprises needs to be switched through the network of other Type I telecommunications enterprises, the network interconnection agreement shall be negotiated by related Type I telecommunications enterprises jointly, and a written agreement shall be signed together.
No written agreement is reached pursuant to the preceding paragraph, the telecommunications enterprises are not allowed to receive or transmit telephone traffic requiring switching.
The written agreement of interconnection between Type I 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 Type I telecommunications enterprises and other Type I telecommunications enterprises. Upon request, the NCC may elect not to disclose such portions of the agreement related to patent or other intellectual property rights.
Article 27
The network interconnection agreement mentioned in the preceding article shall contain following items at least:
1. A description of the business types of both interconnecting parties;
2. Identification of the transmission linkage provider for network interconnection;
3. Principle of and service quality regulations for access to points of interconnection;
4. Interface specifications and other related requirements on network interconnection;
5. Network planning of both parties, including telephone traffic forecasts, notification deadlines for network design changes, improvement of the access completion ratio and the handling of the increase and decrease of interconnected transmission circuit bandwidth;
6. Network interconnection charges;
7. The calculation method of the access charges, connection charges, transit charges, billing service, sharing of billing costs, accounting check, error account correction and other matters concerning account apportionment;
8. The method of collection of tariff from subscribers;
9. Dispute settlement procedures;
10. Matters related to the amendment, modification and termination of the written agreement;
11. Matter related to confidentiality of information and the scope of exemption for both parties;
12. Other matters relates to location sharing if there is a shared location.
Article 28
Network interconnection agreement shall be reached, proposed to modify or redrafted within three months from the initial date of negotiation by other Type I telecommunications enterprises; if no agreement is reached within three-month period, either party to the negotiation 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.
If the network interconnection agreement is not implemented between Type I telecommunications enterprises, either party may file a written application to the NCC for arbitration within the scope of items of the interconnection agreement set forth in the preceding article, and a duplicate of the application shall be submitted to the other party concerned.
The written applications as referred to in the preceding two paragraphs shall include at least the following particulars:
1. Names of 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; and
5. Matters that have been reached consensus or remained unresolved during the negotiation.
Among Type I telecommunications enterprises, an agreement not reached within three months from the date one party requested for network interconnection, the NCC may ex officio make investigation and make arbitration if, in its opinion, there is a likelihood that the case will be detrimental to the public interest.
The NCC may, before making arbitration ex officio pursuant to the preceding paragraph, demand Type I telecommunications enterprises with regard to the network interconnection to negotiate, and those telecommunications enterprises shall not decline.
Article 29
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;
2. The matter concerned in dispute is not related to network interconnection;
3. The parties in dispute requesting for network interconnection, or modifying or redrafting network interconnection agreement have not entered into negotiation;
4. The three-month negotiation period since the request for network interconnection, or modification or redraft of network interconnection agreement 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 30
In order to make an arbitration, the NCC may demand all parties concerned to make written statements;if parties concerned refuse to make statements or fail to make statements within a given time, the NCC may make arbitration based on the information submitted by the party that requests arbitration and through the NCC ex officio investigations.
In order to make arbitration, the NCC may ask for related information from all parties concerned or inform them to make verbal statements, and may make necessary investigation on the facts of the case.
Article 31
The NCC shall complete the arbitral award within three months after it receives the arbitration application or from the date it initiates an ex officio investigation, and the duration may be extended for one month if necessary and all parties concerned shall be notified.
The term mentioned in the preceding paragraph shall start from the second day after the correction is made if the correction is demanded pursuant to Article [29], and it starts from the second day after the given period for correction expires even no correction is made.
The arbitral award shall include the following particulars at least:
1. Names of parties concerned, primary offices and names, residences and ID numbers of representatives;
2. Name, residences and ID numbers of authorized proxies if any;
3. Conclusion of the arbitration;
4. Facts;
5. Reasoning;
6. Date; and
7. A statement indicating that the intention of administrative ruling, and the procedure, time limit, and the agency for an appeal.
The NCC may make arbitration on a part or the whole case or decide a temporary plan depending on the negotiation situation of the said case.
The original copy of the arbitral award shall be served on all parties concerned within 10 days after it is made.
The parties concerned who do not agree with the arbitration made by the NCC may request for relief in accordance with the administrative proceedings.
Article 32
The NCC may establish the arbitration working group in order to settle the disputes on network interconnection.
Data Source:NCC / Law Source Retrieving System Laws And Regulations