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英譯法規內容

法規名稱(Title) Regulations Governing Telecommunications Numbers Ch
公發布日(Date) 2017.02.16
法規沿革(Legislative) 1.18 Articles adopted and promulgated in full onSeptember 29, 2003,Ref. MOTC DGT Dain Xin Gui No.09205085820.
2.The amendments of Article 2, Article3, Article8 to Article 12, and the addition of the new Article3.1 are hereby promulgated on November 18, 2005, Ref.MOTC DGT Dain Xin Gui No.09405092350.
3.The amendments of 19 Articles in full are hereby promulgated on May 18, 2010, Ref. NCC Tong Chuan Zi No. 09942009110
4.The addition of the new Article3.1 are hereby promulgated on Jun 6, 2013, Tong Chuan Zi Ji No. 10243018550
5.The amendments of Article 3-1 and the addition of the new Article3-2 are hereby promulgated on Jun 4, 2014, Tong Chuan Zi Ji No. 10343020750
6.The amendments of Article 2 and the addition of the new Article 4-1 are hereby promulgated on Mar 5, 2015, Tong Chuan Zi Yuan No. 10443003810
7.The amendments of 24 Articles in full are hereby promulgated on Feb 16, 2017, Tong Chuan Zi Yuan No. 10643003170
法規內文(Content) Regulations Governing Telecommunications Numbers

Article 1
These Regulations are promulgated in accordance with Paragraph 6, Article 20-1 of the Telecommunications Act (hereinafter referred to as “this Act”).

Article 2
The Competent Authority, as referred to in these Regulations, is the National Communications Commission.

Article 3
The terms used in these Regulations are defined as follows:
1. Operator: refers to carriers that have been granted concessions or permissions and licenses of Type I telecommunications carriers or Type II telecommunications carriers by the Competent Authority.
2. Planner: refers to those that have obtained Establishment Approvals for Type I telecommunications enterprises issued by the Competent Authority but have not obtained concessions licenses.
3. Telecommunications number: refers to the ID codes, subscriber numbers and numbering code required to sustain normal operations of the public telecommunications network, including communications, identification, exchange and control.
4. ID code: refers to the telecommunications number used in the public telecommunications network for identifying the network, routing or services.
5. Subscriber number: refers to the telecommunications number used to provider subscribers with telecommunications services.
6. Numbering code: refers to the number used to control the public telecommunications network routing and exchange information.
7. Golden Number: refers to subscriber numbers that have a certain array, special signification, or that are especially memorable.
8. Commissioned Administrator: refers to institutions (organizations) commissioned by the Competent Authority to conduct administrative related works, such as the approval of, adjustment to and recycling of telecommunications numbers. 

Article 4
The subscriber numbers, ID codes and signaling point codes of numbering code used by the planners or operators shall be allotted by the Competent Authority or Commissioned Administrators. The same conditions shall be applied to relevant amendments.
Prior to the use of numbering code, the planners or operators shall notify the Competent Authority, except in the case of signaling point codes. The same conditions shall be applied to relevant amendments.

Article 5
Upon obtaining the system or network approval certificate, planners shall apply to the Competent Authority or Commissioned Administrators for allocation of subscriber numbers, submitting the following documents:
1. A completed application form for telecommunications numbers;
2. A photocopy of the system or network approval certificate;
3. Telecommunications numbers utilization plan (including subscribers’ growth prediction data, network structure connection map, and system capacity construction data);
4. Other data designated by the Competent Authority.Upon obtaining the system or network approval certificate, planners shall apply to the Competent Authority or Commissioned Administrators for allocation of ID codes or signaling point codes with the following documents:
1. A completed application form for telecommunications numbers;
2. A photocopy of the system or network approval certificate;
3. Telecommunications numbers utilization plan (including the location and signal transmitting methods of interface point; network structure connection map; and system capacity construction data);
4. Other data designated by the Competent Authority.Prior to obtaining a system or network approval certificate, planners may apply to the Competent Authority or commissioned administrators for telecommunication numbers required for testing the public telecommunications network system. The validity of testing telecommunications numbers shall not exceed the expiry of establishment approval or permit and shall become invalid after obtaining the system or network approval certificate.

Article 6
When applying for the allocation of subscriber numbers, Type I telecommunications enterprises shall submit the following documents to the Competent Authority or commissioned administrators:
1. A completed application form for telecommunications numbers;
2. A photocopy of concessions licenses;
3. Telecommunications numbers utilization plan (including subscribers’ growth prediction data, network structure connection map, and system capacity construction data);
4. Data on number of subscribers
5. Other data designated by the Competent Authority.When applying for the allocation of ID codes or signaling point codes, Type I telecommunications enterprises shall submit the following documents to the Competent Authority or commissioned administrators:
1. A completed application form for telecommunications numbers;
2. A photocopy of concessions licenses;
3. Telecommunications numbers utilization plan (including the location and signal transmitting methods of interface point; network structure connection map; and system capacity construction data);
4. Other data designated by the Competent Authority. 

Article 7
Type II telecommunications enterprises shall obtain telecommunications numbers in accordance with the following rules:
1. Paragraph 2 of the preceding Article is applicable to the call-by-call selection network ID codes and signaling point codes of Voice Simple Resale Service operators;
2. Mobile Virtual Network Service operators shall lease mobile network codes or subscriber numbers by cooperating with Mobile Network Business Operators;
3. Subscriber numbers of E.164 internet telephony service operators shall be leased from Type I telecommunications enterprises that operate E.164 internet telephony services; however, Paragraph 1 of the preceding Article is applicable to applicants whose paid-in capital is over five hundred million New Taiwan dollars;
4. Paragraph 2 of the preceding Article is applicable to signaling point codes of E.164 Internet Telephony Service operators.For the purpose of network testing, planners of E.164 internet telephony services shall apply to the Competent Authority or commissioned administrators for the allocation of testing telecommunications numbers, upon obtaining the approval of E.164 internet telephony services. The said number shall be valid until the expiry of the said approval.
 
Article 8
The Competent Authority’s examination and approval standards for the allocation of telecommunications numbers shall adhere to the annex.
 
Article 9
The operator of a mobile communications network business that plans to terminate operations of its business shall, three months prior to the expiry of concessions licenses or termination of the business, apply to the Competent Authority for amendments to the usage of its telecommunications numbers as follows:
1. Transfer to other planners or operators for the same type of mobile communications network services;
2. Transfer to other same type of business that is planned or operated by the said operator / planner.The mobile communications network services described in the preceding paragraph refers to provisions of Paragraph 2 of Overview of Type I Telecommunications Enterprises Business Items, Scope, Schedule and Number; these business items shall be deemed as the same type of business as described in the preceding Paragraph.
Planners or operators to whom the business is transferred and who apply for the use of telecommunications numbers of as per Subparagraph 1 of Paragraph 1 shall, within 7 days after the former operator has submitted the application as described in Paragraph 1, apply to the Competent Authority with the following documents:
1. Plan of transfer (including the transfer schedule; type, details and number of telecommunications numbers; network structure connection map; and system capacity construction data and use status);
2. The agreement between the transferor and transferee;
3. Other data designated by the Competent Authority.Planners or operators to whom the business is transferred and who apply for the use of telecommunications numbers as per Subparagraph 2 of Paragraph 1 shall, within 7 days after former operator has submitted the application as described in Paragraph 1, apply to the Competent Authority with documents prescribed in Subparagraph 1 and 3 of the preceding Paragraph.
 
Article 10
The operator of a Mobile Telephone Business, Third Generation (3G) Mobile Communications Business, or Mobile Broadband Business shall obtain approval of the Competent Authority before providing the service that enables subscribers to retain their existing telephone numbers when transferring to another service with the same carrier.
The operator in the preceding paragraph shall submit the following documents to the Competent Authority before providing the service aforementioned :
1. Plan of transfer, including service scope, procedure, timeline, maximum amount of service per day.
2. The qualify certificate for telephone number switching system provided by NPAC described in Regulations Governing Number Portability.Regarding the transfer, the transfer time and relative notifications of the transfer process shall adhere to regulations in subparagraph 4 of Paragraph 1, Paragraph 3, and subparagraph 1 of Paragraph 8 of Article 22 of Regulations Governing Number Portability.
When a Subscriber ceases to use his/her existing telephone number, the Recipient Operator shall return that telephone number to the original Operator. The relative process shall adhere to regulations in Article 15 of Regulations Governing Number Portability.
 
Article 11
After the Competent Authority allocates subscriber numbers, operators shall establish rules for the selection of golden numbers, except for IoT (Internet of Things) numbers, and submit the rules to the Competent Authority before the implementation for its reference; the same rules shall be applied for any relevant amendment.
The afore-mentioned rules shall include the fundamental number selection rules; the golden numbers shall be leased to subscribers by means of auction or pay-per-selection once the numbers are assigned for selection.
 
Article 12
Planners or operators may, for the purpose of studying or testing new telecommunications services or technology, apply to the Competent Authority for testing telecommunications numbers with experiment or research relevant documents. The Competent Authority may allocate the numbers in accordance with the capacity of numbering resources and the development necessity of service and technology.
Planners or operators are not permitted to use telecommunications numbers allocated as described in the preceding paragraph for profit seeking or provision of telecommunications business.
The telecommunications numbers allocated pursuant to Paragraph 1 shall be returned to the Competent Authority upon their expiry.
The preceding three paragraphs shall be applicable to those who have the needs of using the telecommunications numbers for academic or educational purposes, or for experiment, research or development of a telecommunications network.
 
Article 13
To provide emergency rescue services, public consultation services, public relief services or charity services, government organizations, public welfare associations, incorporated foundations, administrative corporations or public utility enterprises may, upon receipt of the approval of their central competent authority or direct superior agency based on an evaluation of its statutory duties, establishment objectives and public welfare requirements, apply to the Competent Authority or commissioned administrators for the allocation of special service numbers.
Public utility enterprises as referred to in the preceding paragraph shall denote the following enterprises
1. Power enterprises;
2. Water enterprises;
3. Other public utility enterprises as determined by the Competent Authority.The applicant as described in Paragraph 1 shall apply to the Competent Authority with the following documents:
1. Application form for telecommunications numbers;
2. A photocopy of the approval issued by the central competent authority of direct superior agency of the government organization, public welfare association, incorporated foundation, administrative corporation or public utility enterprise; and a photocopy of certification documents of the public welfare association, incorporated foundation, administrative corporation or public utility enterprise;
3. Service plan;
4. Documents that certify local network provider and mobile communications network provider‘s consent of providing the service.The Competent Authority may repossess the said numbers if there is any change to the number holder’s qualifications, or if the use of the said number violates with provisions of Paragraph 1.
 
Article 14
Should the applicant fall under any of the following circumstances, the application shall be rejected:
1. The service category of the telecommunications numbers applied for is not within the scope of business that the concession or permission was granted;
2. The operator applying for the allocation of telecommunications numbers has already applied for business suspension, or its business is already suspended or terminated;
3. Illegal usage of telecommunications numbers without correction;
4. Failure to pay the telecommunications numbers usage fees or fines for violation of these Regulations.Applicants that do not fall under any of above-mentioned circumstances shall undertake corrective action upon receipt of the Competent Authority’s notification. Where the applicant fails to undertake corrective action within a prescribed period or the matter remains pending despite the correction is already made, the application shall be declined.
 
Article 15
No telecommunications numbers shall be allocated in any of the following cases:
1. The number of used subscriber numbers is below the minimum usage standard;
2. The provided information is false. 
Article 16
Planners or operators shall comply with the following provisions when using telecommunications numbers:
1. Telecommunications numbers must not be provided for purposes other than those of approved business;
2. Cooperate with the Competent Authority to make adjustments to allocated telecommunications numbers;
3. The allocated telecommunications numbers shall not be leased, lent or transferred except as stipulated in Article 7, Article 9 or other telecommunications laws and regulations;
4. Requests for negotiation from other operators for network interconnection of allocated telecommunications numbers must not be refused;
5. Where the subscribers terminate the use of telecommunications numbers, the returned numbers shall be kept for three months, except for IoT (Internet of Things) numbers;
6. Regarding transferred subscriber numbers, those that cannot be used on the transfer day shall be kept for six months, except for IoT numbers. The retention period of subscriber numbers as referred to in Subparagraph 5 of the preceding paragraph is not subject to the restriction after the consent of new subscribers.
 
Article 17
The Competent Authority shall repossess a part of or all telecommunications numbers allocated to planners or operators that fall under any of the following circumstances:
1. The unit block of numbers allocated by the Competent Authority has not been used a year after the allocation date;
2. Violation of Subparagraph 1, 3 and 4 of Paragraph 1 of the preceding Article;
3. It has been verified that the information provided for the application of allocation of telecommunications numbers is false;
4. The suspension of business is beyond the approved period;
5. Those whose establishment approval, concession or permission has been cancelled or revoked.
6. The concession or permission already expired;
7. Those that have not reached the minimum usage standard regulated by the Competent Authority;
8. The operation or business is terminated.The minimum usage standards as referred to in Subparagraph 7 of the preceding Paragraph shall exclude those that have obtained the number for the first time with a period of less than three years; and those that have re-obtained the number with a period of less than one year.
 
Article 18
Type I telecommunications enterprises shall submit the statistics of the entire batch of subscriber numbers leased to Type II telecommunications enterprises to the Competent Authority for reference before January 10 and July 10 every year.
The cutoff lines for statistics as described in the preceding paragraph are December 31 of the preceding year and June 30 of that year.
If Type II telecommunications enterprises that lease the entire batch of subscribers numbers as referred to in Paragraph 1 terminate their operation, change the cooperative Type I telecommunications enterprises, or terminate the use of leased subscriber numbers, the leased subscriber numbers shall be recalled by the original Type I telecommunications enterprise; however, subscriber numbers that have been provided by Type II telecommunications enterprises to subscribers shall be taken over by the said Type I telecommunications enterprises. The Type I telecommunications shall also agree that the original subscribers may continue using the original subscriber numbers.
Where Type I telecommunications enterprises terminate the lease subscriber numbers pursuant to the preceding paragraph, the numbers shall be handled according to Subparagraph 5 of Paragraph 1 of Article 16.
Where Type II telecommunications enterprises fall under any of the conditions described in the preceding article, Type I telecommunications enterprises shall immediately terminate the lease of a part of or all numbers leased to Type II telecommunications enterprises.
Type I telecommunications enterprises that violate the provisions set forth in Article 4, 16, 19, 20 and 23, or do not comply with the preceding paragraph shall not lease the entire batch of telecommunications numbers to Type II telecommunications enterprises until necessary corrective action has been undertaken.
 
Article 19
Type I telecommunications enterprises that wholesale telecommunications numbers to Type II telecommunications enterprises and operators that have passed out the allocation of telecommunications numbers pursuant to the Regulations Governing Number Portability Service may collect the telecommunications numbers usage fees from the Type II telecommunications enterprises and the recipient operators.
The amount of telecommunications number usage fees collected from Type II telecommunications enterprises and recipient operators, as described in the preceding paragraph, shall be determined in accordance with the following rules:
1. Telecommunications number usage fees generated by the resale of telecommunications services or the provision of Number Portability Services shall not be greater than the price that Type I telecommunications enterprises or Donor Operators pay for telecommunications numbers obtained from the Competent Authority.
2. For telecommunications number usage fees generated by other factors, in addition to the fees prescribed in preceding Subparagraph, an administrative fee of no greater than five percent of said fees may be added. 

Article 20
The use of subscriber numbers with regard to the planners or operators shall conform to the principle of facilitating users and efficient utility of numbers.
Planners or operators shall provide monthly updates of statistical data, which shall be kept for a minimum of three months, concerning the newly allocated numbers and the returned subscribers numbers.
 
Article 21
The Competent Authority may entrust other institutions or organizations to handle the allocation, adjustment, withdrawal and related management works of telecommunications numbers stipulated in these Regulations.
The commissioned administrator are responsible for following operational matters:
1. Verification, allocation, adjustment and withdrawal of telecommunications numbers resources.
2. Monitoring of capacity of the telecommunications numbers resources.
3. Prediction of demand of the telecommunications numbers resources.
4. Production of tables on telecommunications numbers allocation status quo and statistics.
5. Coordination of the telecommunications numbers applications among operators (including planners).
6. Suggestions on the planning and implementation of promoting the efficiency of telecommunications numbers allocation.
7. Maintenance of telecommunications numbers resources website, announcement of telecommunications numbers allocation and statistical data, and the provision of weekly, or more frequent, updates of data.
8. Research in areas and of developments related to telecommunications numbers resources management and application both domestically and overseas.
9. Other matters commissioned by the Competent Authority.The commissioned administrators shall submit business reports to the Competent Authority regularly each year and, if necessary, submit related service descriptions and proposals according to the requirements of the Competent Authority.
 
Article 22
The commissioned administrators shall be juridical persons, excluding the telecommunications enterprise, registered in accordance with laws of the Republic of China.
The juridical persons as referred to in the preceding paragraph shall meet the following provisions:
1. The commissioned administrators are forbidden to possess more than 10% voting shares or registered capital of any telecommunications enterprise.
2. The commissioned administrators are forbidden to have the same board chairman as any telecommunications enterprise or have 10% or more than 10% the same directors.
3. The commissioned administrators are forbidden to have the same shareholders or financial contributors whose total number of issued shares or registered capital takes half of any telecommunications enterprise.
4. Any shareholder, director or staff of the commissioned administrators who possesses 10% or more than 10% shares of the commissioned administrators are not allowed to possess more than 10% shares of any telecommunications carrier at the same time.
5. Staffs of the commissioned administrators are forbidden to be staffs of any telecommunications enterprises simultaneously.The staffs mentioned in the Subparagraph 4 and 5 of preceding paragraph refer to full-time or part-time staff employed and paid.
The procedure and standard of selecting commissioned administrators in Paragraph 1 shall be stipulated and promulgated by the Competent Authority.
 
Article 23
Planners or operators shall render the telecommunications numbers usage fees in accordance with the criteria set by the Competent Authority.
 
Article 24
These Regulations shall become effective as of the date of promulgation.
圖表附件(Attachments)