Regulations for Administration on Fixed Network Telecommunications Business Article 37

During the construction of network infrastructure facilities for its fixed telecommunication network, where the bottleneck facilities in the telecommunications network cannot be self-constructed or substituted for by other available technologies within a reasonable period of time, an operator or an applicant who has received the approval for establishment may request for sharing of network infrastructure facilities with operators of fixed network telecommunications business who have the possession of bottleneck facilities.The request for sharing of network infrastructure facilities pursuant to the preceding Paragraph shall not be rejected by such other operator without due reason.Operators shall mutually negotiate, in an equal and reciprocal manner, the terms and conditions with regards to the charges for sharing of network infrastructure facilities, management and maintenance of the shared portions, the handling procedures for damages to or interruption of telecommunications in the shared portions, quality and safety of telecommunications, point of division of liabilities and other relevant matters. The sharing agreement shall be reported to the competent authority for records within one month after the execution thereof. In the event where an agreement is not concluded within three months after the negotiations are commenced, or the negotiations are not commenced within one month after the request is made, either party may request for mediation by the competent authority.The bottleneck facilities as referred to in Paragraph 1 shall be approved and promulgated by the competent authority.