Print Date:113/11/03 01:47

  Chapter III Operations Management

   Section 1 Technical Monitoring

Article 54
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.
Article 55
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.
Article 55-1
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.
Article 55-2
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.
Article 56
Of the operator that has launched a mobile broadband system, the competent authority may conduct random or routine reviews and inspections.
Article 57
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.
Article 57-1
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.
Article 57-2
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.
Article 58
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.
Article 59
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.
Article 60
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.
Article 61
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.
Data Source:NCC / Law Source Retrieving System Laws And Regulations