TAIWAN Law and Practice Contributed by: Jaclyn Tsai, Aaron Chen, Teresa Huang and Jaime Cheng, Lee, Tsai & Partners
name and country of origin for relevant facili - ties, as well as the operational management and physical security planning of the network. The MODA may designate all or part of a public telecommunications network as critical telecom - munications infrastructure. For such designated critical telecommunications infrastructure, the operator must, within the specified timeframe, stipulate a Critical Telecommunications Infra - structure Protection Plan and implement it upon evaluation. The MODA has promulgated the Regulations for Administration on Designation and Protection of Critical Telecommunications Infrastructure to regulate this process. 6.2 Net Neutrality Regulations Taiwan does not currently have a standalone piece of legislation specifically addressing net neutrality. However, relevant provisions in the TM Act are designed to protect consumer rights or promote fair market competition. Specific exam - ples include: (a) Prohibition on unjustifiable service refusal: Telecommunications enterprises may not, with - out legitimate reason, refuse requests for tel - ecommunications services or the transmission of communications. (b) Number portability and equal access services: To protect user rights and promote market com - petition, telecommunications enterprises provid - ing services using user numbers must offer num - ber portability services or equal access services. (c) Interconnection obligations: Telecommunica - tions enterprises, under the principles of tech - nical feasibility and fairness, may not, without legitimate reason, refuse interconnection nego - tiations when requested by other telecommuni - cations enterprises.
(d) Regulation of significant market power entities (“SMP Entities”): The NCC enforces asymmetric regulation on telecommunications enterprises identified as SMP Entities in specific telecom - munications service markets, which may include requiring such SMP Entities to ensure that: • their agreements on interconnection, network access components or the use of relevant tel - ecommunications infrastructure comply with principles of fairness and reasonableness, prohibiting discriminatory treatment; and • their pricing does not involve anti-competitive cross-subsidisation, price squeezing or other Please refer to 3 Artificial Intelligence and 4 Internet of Things for details of the legislative status of emerging technologies such as IoT and AI and their impact on the telecommunications industry. After the Executive Yuan designated the 4.8-4.9 GHz band for private 5G network use, “assist - ing enterprise clients in building private 5G net - works” has become a key business initiative actively pursued by major telecommunications enterprises. In response, the MODA has promul - gated the Regulations Governing the Establish - ment and Use of Mobile Broadband Dedicated Telecommunications Networks as guidelines for enterprises. abuses of market dominance. 6.3 Emerging Technologies (a) Cybersecurity and risk management: The competent authorities are expected to place greater emphasis on regulatory requirements to manage risks associated with the use of emerg - ing technologies in various telecommunica - tions scenarios. For instance, operators may be required to propose more targeted cybersecurity
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