Fundamental Communications Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=P0010005

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Article 1


This Act is enacted to accommodate the convergence of technologies, encourage the sound development of communications, safeguard citizens' rights, protect consumers' interests, improve cultural diversity, and close the gap between urban and rural areas.


Article 2


The terms used herein are defined as follows:
1."Communications" refers to the transmission of sounds, pictures, text or data via wire, radio, satellite or other electronic transmission facilities.
2."Communications enterprise” refers to an enterprise engaging in communications business.


Article 3


In order to effectively carry out the regulatory affairs concerning communications, the Government shall establish the National Communications Commission to independently exercise its duties and powers in accordance with the laws.
The planning of national communications resources and the provision of guidance and incentives for industrial development shall be performed, in accordance with the laws, by subordinate agencies under the Executive Yuan.


Article 4


The Government shall establish the communications supervisory and administration fund to meet the various expenditures that are necessary to carry out regulatory affairs concerning communications.


Article 5


Communications shall safeguard human dignity, respect minorities' rights and interests, and promote the balanced development of cultural diversity.


Article 6


The Government shall encourage innovation in communications technologies and services and shall not impose any restriction on innovation without proper cause.
The interpretation and application of the relevant statutes concerning communications shall not be prejudicial to the provision of innovative technologies and services.


Article 7


The Government shall avoid any discriminatory administration of different transmission technologies, provided that this requirement shall not apply to the allocation of scarce resources.


Article 8


The prescription of technical specifications relating to communications and related inspection work shall be undertaken in such a way as to promote interoperability.


Article 9


Communications enterprises shall publicly disclose necessary information with respect to consumption and shall provide fair and reasonable services to protect the rights and interests of consumers.


Article 10


The allocation and administration of scarce communications resources shall conform to the principles of fairness, efficiency, convenience, harmony and the neutrality of technology.


Article 11


The Government shall take necessary measures to promote interconnection between and among communications network infrastructure.
Network interconnection set forth in the preceding paragraph shall conform to the principles of transparency, reasonableness and non-discrimination.


Article 12


The Government shall take necessary measures to promote the right of access to communications and the provision of universal services in line with the planning of the National Communications Commission.


Article 13


The National Communications Commission shall submit a performance report and recommendations for improvements annually concerning the sound development of communications, the safeguarding of citizens' rights, the protection of consumers' interests, the improvement of cultural diversity, the protection of minority' rights and interests, and the provision of universal services.
In the event that the recommendation for improvements would involve the amendment of existing laws, the National Communications Commission shall prescribe the direction for such amendment and the reasons relating thereto.
The performance report and recommendation set forth in the preceding paragraphs shall be announced in an appropriate manner and shall be submitted to the Legislative Yuan for reference.


Article 14


Upon occurrence of a natural disaster or emergency, or in the likelihood that such an event could occur, the Government may require a communications enterprise to take necessary counter measures in the consideration of public interests.


Article 15


In order to upgrade the development of communications, the Government shall proactively promote and participate in international cooperation and may, where necessary, authorize private institutions to carry out the relevant matters in accordance with the laws.


Article 16


The Government shall amend the relevant statutes concerning communications in accordance with the principles set forth in this Act within two (2) years after the establishment of the National Communications Commission.
Prior to implementation of the amendments of the laws set forth in the preceding paragraph, the National Communications Commission may interpret and apply the laws which are in conflict or in concurrence with the provisions set forth in this Act based upon the principles set forth herein.


Article 17


This Act shall come into force on the date of promulgation.