TAIWAN Law and Practice Contributed by: Jaclyn Tsai, Aaron Chen, Teresa Huang and Jaime Cheng, Lee, Tsai & Partners
6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements Scope of Regulation Under the TM Act and Related Regulations The TM Act and its related regulations form the primary regulatory framework for telecommuni - cations services. The competent authority is, in principle, the NCC, although the MODA over - sees specific tasks (such as the application and allocation of telecommunications resources). Under the TM Act, “telecommunications servic - es” refers to “services that provide public com - munication using public telecommunications networks”, specifically including mobile broad - band services, international submarine cable cir - cuit leasing services, domestic land cable circuit leasing services, satellite fixed communications services, etc. The TM Act also regulates: • the establishment and management of public telecommunications networks and Dedicated Telecommunications Networks; and • the management of radio frequencies and radio-frequency equipment, as well as the management of telecommunications numbers and domain names. Registration of Telecommunications Enterprises and Approval Mechanism for Public Telecommunications Network Establishment Registration as a telecommunications enterprise is not mandatory for all providers of telecommu - nications services. Under the TM Act, registra - tion is mandatory only if they:
• negotiate interconnection with other telecom - munications enterprises or request a ruling for interconnection; • apply for the allocation of radio frequencies other than those designated for special pur - poses under the TM Act; • apply for the allocation of identification codes or signalling point codes for the establish - ment of public telecommunications networks; or • apply for the allocation of user numbers. All providers must apply to the NCC for approval to establish public telecommunications networks before offering telecommunications services and apply to the MODA if the services provided require the use of telecommunications resources such as radio frequencies. Please see ‘Public telecommunications networks’ in 4.1 Machine- to-Machine Communications, Communica- tions Secrecy and Data Protection for details. The TM Act requires telecommunications enter - prises that establish public telecommunications networks using telecommunications resources, as well as other telecommunications enterprises announced by the competent authority, to stipu - late and implement a cybersecurity maintenance plan, including but not limited to the scope of cybersecurity management, tiered handling methods and joint defence response measures for cybersecurity incidents. Cybersecurity Requirements for Telecommunications Services Applicants for public telecommunications net - works establishment must include in their net - work establishment plan a comprehensive lay - out and architecture diagram of cybersecurity detection and protection measures. The plan must also detail the brand, model, quantity, capacity, functionality, manufacturer’s company
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