Taiwan’s Telecommunications Regulator Proposes New Telecommunications Services Markets to Be Subjected to Ex-Ante Regulations

Taiwan’s main telecommunications regulator, the National Communications Commission (NCC) currently subjects fixed-line voice retailing, fixed-line broadband retailing, fixed-line wholesale services, fixed-line call termination services and mobile call termination services markets to ex-ante regulations pursuant to Taiwan’s main telecommunication legislation, the Telecommunications Management Act (the “TMA”).

The TMA requires the NCC to conduct reviews and assessments of those markets subjected to ex-ante regulations every three years. After considering (i) the level of development of technology and services, (ii) the importance of such telecom services within the entire telecommunications services market, (iii) the geographical area or scope of competition, and the substitutability of demand for or supply of such telecom services, and (iv) the structure and competition status of such telecommunications services market, the NCC proposes to add the following new telecommunications services markets to be subjected to ex-ante regulation under the TMA: (i) fixed-line voice wholesale service, (ii) fixed-line broadband wholesale service, (iii) mobile network wholesale service, and (iv) fixed-line leased lines and wholesale bandwidth services, which are redefined and expanded from the previously regulated “fixed-line wholesale services” market.

The NCC is currently inviting public comments on the proposal to expand the scope of ex-ante regulation under the TMA to cover the newly proposed telecommunications service markets, and the exact timetable for the NCC to finalize the proposal is not available at this stage.

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English translations of telecommunications and media laws and regulations are available from YANGMING PARTNERS’ Legal Support Department. This publication is intended to highlight selected legal developments and not to be comprehensive nor to provide legal advice. If you have any questions on issues reported here or if you have any issues you would like to see covered in future editions, please contact the editors: Robert C. Lee, at +886-2-8725-6601, rclee@yangminglaw.com Wayne Huang, at +886-2-8725-6642, whuang@yangminglaw.com If you are interested in subscribing to any of our newsletters, please click here.