Shay & Partners updates

What you need to know about the new Telecoms Act
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 11 December 2020

The new Telecoms Act came into effect on 1 July 2020. The licences of incumbent telecoms operators will expire on 30 June 2023 if not earlier on their registration with the National Communications Commission (NCC). While the Taiwan telecoms regulatory regime is switching from heavy-handed regulation to light-touch administration as the NCC claims, the NCC has published a guideline on the registration of telecoms service providers and responses to FAQs on its official website.

NCC grants subsidy to broadcasters and channel operators affected by COVID-19 pandemic
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 04 December 2020

Subsequent to the requisition of selected airtime from 213 TV channels and 161 radio stations nationwide since 22 January 2020, the National Communications Commission recently announced its subsidy policy for compensating the direct cost of labour incurred by the operators involved (ie, each TV channel operator will be paid NT$24,000 (approximately $842) per month between 22 January 2020 and 30 June 2021 and each radio station operator will be paid NT$3,000 (approximately $105)).

Government subsidy scheme for 5G network deployment available from 2021
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 20 November 2020

The National Communications Commission recently announced that the government will allocate NT$26.65 billion from 2021 to 2025 to subsidise the 5G network deployment of five telecoms operators under the premium bid prize collected from the 5G spectrum auction in January 2020. The government intends to reach a penetration rate of 50%, 60% and 70% of the 5G population in non-remote areas by 2021, 2022 and 2023, respectively.

Taiwanese 5G operators receive 'clean' 5G status
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 25 September 2020

All five Taiwanese 5G operators were recently listed as 'clean' 5G networks by the United States. The National Communications Commission has welcomed this international collaboration and commented that similar programmes previously applied to Taiwan 4G networks and kept Chinese hardware companies such as Huawei and ZTE out of Taiwan's 4G infrastructure.

Taiwan accelerates ban on Chinese OTT TV services
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 18 September 2020

The Taiwanese government recently accelerated its ban on Chinese over-the-top (OTT) TV services in Taiwan. As of 3 September 2020, no entities, legal persons or individuals in Taiwan may act as business agents, carry out resales or provide intermediary services for Chinese OTT TV services. Non-compliance with the ban could result in an administrative fine of NT$50,000 to NT$5 million per case and to a cease and desist order from the National Communications Commission.

Bill to establish Ministry of Digital Development in preparation
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 11 September 2020

A new bill to establish the Ministry of Digital Development is being prepared by Cabinet and will be proposed to the Legislative Yuan in September 2020 for review. According to President Tsai Ing-wen's recent inauguration address, the Ministry of Digital Development will be an industry-oriented government agency for business development in the IT, cybersecurity, telecoms, internet and media sectors.

Low-power radio frequency equipment further deregulated
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 10 July 2020

The National Communications Commission (NCC) recently reviewed and updated its checklist for radio frequency equipment. The NCC nevertheless underlined that deregulated equipment will remain subject to compliance with the technical specifications of low-power radio frequency equipment, which were previously amended on 23 August 2016.

NCC bans Chinese OTT TV services
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 03 July 2020

The National Communications Commission recently issued a notice of alert to all licence holders (including terrestrial TV channels, radio stations, satellite TV channels, cable TV channels and telecoms operators) which demands that they stop carrying ads, promotions or sponsorship for Chinese over-the-top (OTT) TV services, specifically We TV and Iqiyi, and requires compliance with bans on Chinese OTT TV services under the governing law administered by the Mainland Affairs Council.

NCC regulates significant market powers in telecoms
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 26 June 2020

The new Telecommunications Act will take effect and apply to all telecoms service providers from July 2020. The new act has adopted a light-handed approach to the regulation of telecoms services provided in Taiwan with the exception of identified significant market powers in telecoms. The new act defines 'significant market powers in telecoms' and authorises the National Communications Commission to take anti-monopoly measures when necessary.

Huawei's confrontation with NCC's new compliance rule
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 15 May 2020

The National Communications Commission (NCC) recently published a new compliance approval regulation for telecoms devices. The regulation clarified that the NCC may void approval issued to handsets supplied by Chinese telecoms manufacturers for changing the built-in region caller ID setting from 'Taiwan' to 'Taiwan, China' if this issue is not fixed promptly.

PTS Channel 3 assigned to provide support for distance learning during pandemic
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 01 May 2020

The National Communications Commission recently reached an agreement with the Ministry of Education that due to possible school closures during the COVID-19 pandemic, Channel 3 of Public Television Services will be assigned to provide support for distance learning to meet the needs of junior and high schools nationwide.

Cell site location information helps digital fencing against COVID-19 pandemic
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 24 April 2020

Taiwan has swiftly adopted the 'digital fence' system, whereby the location of anyone required to undergo home quarantine due to COVID-19 is monitored via their phone's cellular signal. This approach seems less intrusive than other options and has been an efficient tool for containing the virus. However, deploying these technologies on such a large scale without undertaking testing has incited criticism that law enforcement departments are bypassing the Communication Security and Surveillance Act.

NCC requisitions airtime to broadcast health-related information
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 10 April 2020

The National Communications Commission has requisitioned selected airtime from 213 TV channels and 161 radio stations nationwide. Each of the selected TV channels must allocate 24 minutes each weekday and 10 minutes each weekend day to broadcast a one-minute short film with open captions every hour offering health-related information and updates from the Taiwan Centre for Disease Control in response to the COVID-19 pandemic.

5G spectrum auction ends and real competition begins
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 20 March 2020

Taiwan's 5G spectrum auction came to an end on 21 February 2020. The five incumbents secured the 5G spectrum following a competitive auction with total bids reaching NT$142.191 billion (approximately $4.7 billion) which will be paid within 30 days following the National Communications Commission's notice. The regulation governing mobile broadband services requires operators to file for an amendment to their deployment plan and information security plan subsequent to the bid price being paid.

NCC plans for enactment of OTT regulation
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 13 March 2020

The National Communications Commission (NCC) recently published a white paper on broadcasting policy, which outlines a possible light-touch regulation for the growing number of over-the-top (OTT) streaming video services. The NCC aims to provide a framework to address the competition between pay TV and OTT services which would require the prior registration of OTT service providers and full disclosure of their terms of use for consumer protection purposes.

Online box office liable for data theft and consequential damages
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 15 November 2019

In September 2019 a landmark appeal court decision found an online information service provider liable for consequential damages of data theft. Before this decision, most data theft cases in civil actions were resolved by a summary judgment under the Personal Data Protection Act, which offers claimants statutory compensation for non-pecuniary damages of between NT$500 and NT$20,000 per incident.

New Telecommunications Act on horizon
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 23 August 2019

The new Telecommunications Act, which enters into force in June 2022, will replace the conventional Type I and II telecom licence categories (ie, facility-based and service-based operators, respectively) which were adopted in 1996 with a more liberal approach and give the National Communications Commission more scope with regard to spectrum management and licensing.

NCC publishes 5G spectrum auction rules
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 16 August 2019

The National Communications Commission (NCC) recently published the final draft of its 5G spectrum auction rules. As part of the upcoming 5G spectrum auction, the NCC aims to publish an amendment to the existing Regulations for Administration of Mobile Broadband Businesses by the end of August 2019 and accept bids in September 2019. The auction for mobile broadband business licences operating in the 3.5GHz, 28GHz and 1,800MHz bands will commence in December 2019.

Huawei ban – will smartphones lose their smarts?
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 14 June 2019

US President Donald Trump's recent executive order which blacklists Huawei has generated a significant response from Huawei smartphone users, mobile operators and distributors in Taiwan which are handling returned purchases. One of the principal complaints from consumers is that once a Huawei smartphone is deprived of its Android operating system and Google services, it is no longer as 'smart' as it should be.

New measures to regulate OTT service providers
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 07 June 2019

Despite the fact that Taiwan's broadband market is flooded with over-the-top (OTT) media services, the National Communications Commission has yet to regulate OTT service providers. However, the government recently issued a presidential order to amend the Copyright Act and outlaw malicious online infringement. Since the order's enactment, local cable and satellite channel operators (among others) have identified at least 42 OTT boxes and apps which may be considered illegal under the revised act.

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