Shay & Partners updates

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.

Cable TV operators battle media on demand
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 22 March 2019

The National Communications Commission (NCC) recently authorised Chunghwa Telecom, the largest telecoms operator in Taiwan, to use aggregate channels for its media-on-demand service. Unsurprisingly, local cable TV operators have protested the NCC's one-sided decision and demanded the same liberalised regulations. While the future of cable TV in Taiwan remains uncertain, over-the-top media services such as Netflix may be the only way to resurrect pay TV businesses.

Huawei's deepening dilemma in Taiwan
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 08 February 2019

Chinese telecoms manufacturer Huawei is under additional scrutiny following concerns that its close ties with the Chinese government present national security threats to Taiwan, the United States, Europe and allied countries. Further to the ban on Huawei's investment in Taiwan and the procurement of Huawei products for use in telecoms infrastructure, the Taiwan government is considering similar restrictions on 5G.

5G regulatory sandbox expanded
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 23 November 2018

By the end of December 2018, the National Communications Commission (NCC) will expand the 5G regulatory sandbox in order to inspire experimental 5G applications and prepare Taiwan for the upcoming release of 5G spectrum for commercial use in 2020. The NCC confirmed that the 3.4GHz to 3.6GHz and 28GHz bands are available for release via spectrum auctions, while further public comments are required regarding the 1,700MHz to 1,900MHz, 2,010MHz to 2,025MHz and 2,355MHz to 2,390MHz bands.

NCC responds to public consultation on 5G spectrum planning
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 05 September 2018

The National Communications Commission (NCC) recently responded to comments from mobile network operators and equipment suppliers in a public consultation on 5G spectrum planning and auction preparation. The NCC confirmed that, in addition to the 3.4GHz to 3.6GHz bands, the 28GHz, 1,700MHz to 1,900MHz and 700MHz to 800MHz bands are expected to be released for 5G use and will likely be made available through spectrum auctions.

NCC invites public comments on 5G spectrum planning
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 20 June 2018

The National Communications Commission (NCC) has initiated a public consultation on 5G spectrum planning and auction preparation. Industry stakeholders and interested parties are invited to give comments in written form by 29 June 2018. NCC Chair Nicole Chan stated that the commission will be submitting its final analysis of the public consultation to the Executive Yuan in July 2018. The premier will then issue a further decision on 5G spectrum.

5G spectrum auction planned for July 2018
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 09 May 2018

The National Communications Commission (NCC) released its 2017 Taiwan Communications Market Report in April 2018. The report disclosed the progress being made in preparation for the 5G spectrum auction, during which the NCC will identify that the 28 gigahertz (GHz) band, as well as the 3.4GHz and 3.6GHz bands, should be available for auction in 2020, aiming for large-scale 5G application.

Next big thing – 5G and narrowband Internet of Things
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 14 February 2018

Chunghwa Telecom recently announced that it will make a 5G pre-commercial system available in Taipei in 2020. The National Communications Commission has welcomed the move. It has also stated that its legislative proposal on the Telecommunications Act will take a proactive approach in responding to the significant need for flexible frequency sharing and network use.

NCC warns of WiFi security breach
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 01 November 2017

The National Communications Commission (NCC) recently issued a warning regarding the key reinstallation attack and urged network operators and equipment providers to fix this unprecedented flaw in WiFi protection that has left almost all home routers at risk of being hacked. The NCC advised subscribers to avoid sending confidential or sensitive personal data via WiFi connections and to use 4G mobile internet access instead.

Third round of Taiwan's 4G spectrum auction announced
Shay & Partners
  • Tech, Data, Telecoms & Media
  • Taiwan
  • 23 August 2017

The National Communications Commission recently announced its timetable for the third round of Taiwan's 4G spectrum auction, during which potential bidders can submit applications and qualification for review. The bid winners will take mobile broadband universal services to rural areas with a guaranteed access speed of 100 megabytes per second.

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