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On 7 June 2002, the Legislative Yuan adopted amendments to the Telecommunications Law. Twelve existing articles were amended, and two new articles added. The main points are as fol-lows:
The cap on direct foreign shareholdings in local Type I telecoms business is raised from 20% to 49%. The provision that at least half the directors and supervisors of a Type I telecoms business must be ROC citizens is repealed.
Amended provisions on network interconnec-tions:
1.To facilitate the opening to Type II tele-coms business of business areas such as simple voice resale, a new provision is added that a Type I telecoms business may not refuse a network interconnection re-quest from a Type II telecoms business without legitimate grounds.
2.Under a new provision, the Director-ate-General of Telecommunications may publish network interconnection agree-ments concluded between a dominant Type I telecoms business and other telecoms enterprises, in order to comply with the requirement for transparency of network interconnection arrangements under the WTO regulatory framework for basic telecoms services.
3.Under a new provision, where a Type I telecoms business requests another Type I telecoms business to amend or a network interconnection agreement between them, and they have reached no agreement within three months after the date of the request, the DGT may adjudicate upon application.
4.The scope of application of the regulatory framework for network interconnections is extended to include a Type I telecoms business that has already received an es-tablishment permit, but have not yet re-ceived a franchise license.
A new provision places overall planning and management of telecoms numbers in the hands of the DGT. Numbers may not be used or changed without authorization. To main-tain the rational and efficient use of numbers, those already approved and allocated maybe adjusted or withdrawn, and fees may be charged for their use. It is also explicitly pro-vided that Type I telecoms business must provide number portability services, and equal access to other telecoms business’ long-distance and international services, in accordance with the relevant regulations.
To assist telecoms business in improving the quality and coverage of basic network infra-structure, a new provision is introduced whereby public land and buildings should be preferentially made available for the installa-tion of network infrastructure, terminal equipment and radio stations. Government agencies at all levels have a duty to assist telecoms business in constructing basic net-work infrastructure, and telecoms business should set up network infrastructure construc-tion conciliation teams. The amendments also relax the restrictions on exchanges being es-tablished by Type I telecoms business and by government agencies with dedicated telecoms systems, and on the paid use of private build-ings for installation of radio stations.
