Chapter III Operations Management
Section 2 Operational Monitoring
To facilitate the general population with basic communication equity by offering basic communication to remote areas for achieving the goal of telecommunication prevalence, theoperator shall remit the Telecommunications Universal Service Fund in accordance with the Telecommunications Universal Service Regulations.
Existing operators thathave been awarded frequency bands and frequencies specified in Subparagraph 4, Paragraph 1 of Article 7, shall provide their mobile broadband systems, consisting of base stations, fourth-generation mobile communications base stations, connected switching equipment, transmission line equipment, and so on to the incomingoperators for domestic roaming services. The domestic roaming service arrangements shall benegotiated among operators. However, thisdoes not apply to the services not provided by the network of new operators.
The domestic roaming service referred to in the preceding paragraph shall be providedfromthe date the incomingoperator obtains permission to establishthe mobile broadband service system until December 31, 2025.
The incomingoperators mentioned in the preceding two paragraphs shall refer to only the operators that have beenawarded with the frequency bands and frequencies specified in the Subparagraph 4, Paragraph 1 of Article 7.
The domestic roaming services negotiated among operators to be provided shall be limited to the roaming service area announced by the competent authority, unless the operators conduct negotiations to provide the domestic roaming service specified in Paragraph 1.
The operators negotiating to provide the domestic roaming services specified in Paragraphs 1 and 4 shall submit the agreement documents and apply to this Commission for the approval of the change of the business plan in accordance with the provisions of Paragraph 8, Article 40.
The operator, when offering voice service, shall offer equal access service in accordance with Paragraph 4 of Article 20-1 of the Act and per the Regulations Governing the Equal Access Service.
The operator shall offer fair service, and without just cause, may not refuse members of the general public from applying for the operation's service within the operating region the operator has been approved to operate.
The competent authority may restrict the operator in accepting applications for subscriber number ports to the operation's service using the same uniformed identification card number; the operator shall process the application in compliance with stipulations set by competent authority.
Within five years fromthe date the operator has been awarded the frequency band and frequency specified in Subparagraphs 1 to 3, Paragraph 1 of Article 7 obtains the system installation permit, the construction of the fourth generation mobile communications base stationsamong its the high-speed cell sites shall comply with the following provisions:
1.The number should be more than 80% of the total number of base stationsalready constructed, or more than 1,000 cell sites.
2.The coverage of radio waves should reachat least50% of the population of its business area.
Operator's coverage of the fifth generation mobile communications base stations among its high-speed base stations should exceed50% of the population of its business area within five years fromthe date the operator was awarded frequency band and frequency specified in Subparagraph 4, Paragraph 1 of Article 7 andthe system installation permit.
Within five years fromthe date the operator obtained aconcession license of 3500MHz band and system installation permit, the number of the fifth generation mobile communications base stationsamong its 3500MHz band high-speed cell sites should exceed1000.
Within five years fromthe date the operator obtained aconcession license of 28000MHz band andthe system installation permit, the construction of the fifth generation mobile communications base stationsamong its 28000MHz band high-speed base stationsshall comply with the following provisions:
1.For the operator with the allocated bandwidth reaching 100MHz, the number of base stations shall reach 375. For those with bandwidths over 100MHz and less than 800MHz, there should be at least 375 more base stationsper 100 MHz.
2.The number shall be more than 3000 base stationsfor operatorswith theallocated bandwidth above 800MHz.
The provisions of Paragraphs 1 and 2 shall not be applicabletooperators thatonly obtain a28000MHz band concession license.
The operator's accounting system and accounting processing shall be implemented in accordance with Article 19 of the Act and per the Accounting Standards and Regulations for the Type-I Telecommunications Enterprises.
In formulating the operation's billing rates, the operator shall implement them in accordance with Article 26 of the Act and per the Administrative Regulation Governing Tariffs of Type-I Telecommunications Enterprises.
Operators thatprovide users with video, image, audio and other services shallfirst disclose the billing method to users and obtain users' consent prior toproviding the service.
The operator, when jointly offering the foresaid service with other institutions (entities), shall voluntarily declare the collaboration subject, cooperation method and the operating short-messaging number or telecommunication number to the competent authority within a seven-day period before offering the service. The same also applies in all subsequent changes.
The operator shall, effective from the date the service specified in Paragraph 1 is offered, conduct tests on the billing method it has disclosed to the subscriber on a daily basis and shall also retain the records for a month in preparation for the competent authority's random verification and audit, and the competent authority may order the operator to supply the service's telecommunication end equipment and also support the testing.
The operator, when its service should be found to deviate from the voluntary declaration made with the competent authority, shall cease to offer said service in compliance with the competent authority's written notice.
In the event where a subscriber should refuse or delay in remitting the billable charges, the operator may set a comparable period to urge the subscriber to remit the overdue billable payment, and is also to inform the subscriber that the service will be suspended per the service contract if the overdue payment has not been remitted within the specified deadline.
Before the foresaid running period expires, the operator may not cease to supply the telecommunication service on the grounds of late payment.
The operator shall formulate relevant terms and conditions on its service, formulate the business rules and regulations, which are to be declared with the competent authority for approval before the rules and regulations are implemented accordingly, and shall also post relevant terms and conditions at its business premises and on its official website as a public notice. The same also applies to all subsequent changes.
The foresaid business rules and regulations shall specify fair, rational service terms and conditions, and shall also disclose the following matters:
1.The service items the operator offers.
2.Various servicing billing standards and terms and conditions of billing adjustment.
3.Restrictions and terms and conditions on gathering, processing and utilization of the subscriber's basic information.
4.The compensation method in the event where the operator should be revoked or abolished of its concession permit, temporarily suspend or terminate its business that suffice to inflict harm on the subscriber's equity.
5.The disposition method in the event where the telecommunication line equipment should encounter malfunction, disruption to result in incurring damage due to error, stalling, disruption or non-transmission.
6.The response to the subscriber's complaint and other items related to subscriber rights.
7.Other service terms and conditions.
When offering audiovisual content service via the audiovisual content transmitting platform, an operator's business rules and regulations shall not only disclose the various foresaid terms and conditions, but shall also disclose the following matters:
1.To ensure the audiovisual content service, the operator shall voluntarily and ominously inform the subscriber the sales method for the service provided and the billing information the subscriber is obligated to pay.
2.Self-governance or means to restrict or safeguard children and teenagers from accessing inappropriate content.
In the event where the operator's business rules and regulations should impair the subscriber's equity or is deemed unfair, the competent authority may order the operator to change the terms and conditions within a specified period.
The template of the service contract the operator and the subscriber enter into shall state all matters specified under Paragraph 2, and shall be declared with the competent authority for an approval before it is implemented, and it also may not violate stipulations of the Telecommunications Act and regulations and the operator's business rules and regulations, and the same shall apply to all subsequent changes.
The operator shall enter into a service contract with the subscriber individually in accordance with the template of the service contract approved for implementation. The same also applies to the rendering the operation's service using the prepaid card or other prepaid billing methods.
The operator, when amending terms and conditionsof the template of the service contract it has entered into with the subscriber, shall announce the content on the mass media before the amendment takes effect.
For operators of the mobile broadband system, their client service and system functionalities shall comply with the service quality guidelines set by the competent authority.
The operators must not reduce the frequency coverage or service quality of system transferred as described in Article 45 without competent authority's approval.
Thecompetent authority may, depending on practical needs, conduct or commission a private entity to conduct an evaluation, and announce the evaluation report of all operators' service quality on a regular.
The operator shall, when found with poor management or poor service quality that suffices to impair the subscriber's equity, adopt improvement within a deadline specified by the competent authority.
The operator, when interconnecting to other telecommunication enterprise networks, shall implement the work in accordance with Article 16 of the Act and per stipulations of the Telecommunications Enterprise Network Interconnection Management Measures.
When relevant government agencies inquire for the existence and content of certain telecommunication per legally authorized procedure, the operator shall readily supply the information.
The monitoring of the foresaid telecommunications content shall be implemented per the Communication Security and Control Act.
The operator, when developing or newly installing, newly appending, or expanding its mobile broadband system, shall have its communications monitoring and relevant equipment implemented in accordance with relevant stipulations set by the Communication Security and Control Act and its implementation details.
The operator shall retain the telecommunications records for at least a six-month period.
The operator, in response to the subscriber's own inquiry request, shall supply its communications records retained per the foresaid stipulation.
The operator shall verify and catalog the subscriber data, and only after uploading the data into the operator's system and the data file is stored and verified before the service may be activated; the service data shall be retained at least one year after the service contract has been terminated, and when inquired by relevant government authorities in compliance with legal stipulations, the operator shall readily supply the subscriber data. The same also applies to service providers that operate mobile broadband service using the prepaid card or other prepaid methods.
The foresaid subscriber data encompasses information such as the user name, address, two proof of identity document numbers, and the assigned number and so forth.
The numbers of two documents verifying identification referred to in the preceding Paragraph, in the case of an applicant being a domestic natural person, shall refer to the user's ID number and passport number, or either the ID number or passport number and a number of another form of identification that suffices to identify the individual; in the case of an applicant being a foreign natural person, numbers of two documents verifying identification shall refer to the user's passport number and Alien Permanent Resident Certificate (APRC) number, or either the passport number or the APRC number, and a number of another form of identification that suffices to identify the individual; in the case of an applicant being a legal person, non-legal person or company, numbers of two documents verifying identification shall refer to the verifying document of legal person, non-legal person or company number and the representative's ID number, the passport number or APRC number.
Those who cannot accord with the required two forms of documentation shall be handled in accordance with other laws and regulations.
The upload of the subscriber data described in Paragraph 1 shall be completed within two days following the operator accepting an application.
The operator, when running the operation's service with the prepaid card or other prepaid billing methods, shall recheck the subscriber data on a weekly basis, and in the wake of subscribers who have activated the service but the operator has yet appended the subscriber data, the operator shall notify the subscriber to retroactively supplant the information within one week, and when failing to do so, the operator shall temporarily suspend the communication service.
Of the foresaid stipulation, the operator shall specify it in its business rules and regulations and in its service contract specimen.
The operator, when planning to temporarily suspend or terminate its service as a whole or in part, shall file a request with the competent authority for approval three months prior to the scheduled temporarily suspension or termination date, and shall also notify the subscriber one month prior to the scheduled temporarily suspension or termination date.
In the event where the operator should be terminated of its entire operation as approved by the competent authority, the competent authority shall abolish the operator's concession permit.
At the expiry of the foresaid temporarily suspension period or when the business has been terminated, the competent authority may adopt adequate disposition where deemed necessary.
The operator, when terminating its whole service due to the expiry of the concession license, shall submit a business termination plan to the competent authority for its reference threemonths prior to the expiry of the concession license, and shall also notify its subscribers one month prior to the expiry of the concession license.
The foresaid business termination plan shall disclose the following:
1.The number of users when submitting the plan and the expected decrease of the number of users prior to the expiry of the concession license.
2.Amount of refunds of deposits and overpayments.
3.Plan for the announcement of business termination.
4.Specific measures to notify subscribers.
5.Customer service response plan.
6.Other consumer protection measures.
The operator shall offer number portability services in accordance with Paragraph 4 of Article 20-1 of the Act and Regulations Governing Number Portability.
Where the operator or bidder that has already acquired the establishment approval plans to use telecommunications numbers of a mobile communications operator that has terminated the service, the operator or bidder shall submit the application to the competent authority according to Regulations Governing Telecommunications Numbers; Regulations Governing Number Portability relevant regulations are not applicable to those who have received an approval.