Telecommunications Act Article 16

Request for network interconnection between or among Type I telecommunications enterprises shall not be rejected, unless the law specifies otherwise.The arrangement of network interconnection mentioned in the preceding paragraph shall follow the principles of transparency, reasonableness, non-discrimination, network unbundling and cost-based pricing. The DGT shall designate the telecommunications enterprises to which the said principles shall apply.Among Type I telecommunications enterprises, an agreement shall be reached within three months from the date one party requested for network interconnection. If the agreement can not be reached within three months, the DGT shall arbitrate the matter upon receipt of request therefor or by its official authority.Among Type I telecommunications enterprises, if the agreement cannot be reached within three months from the date of one party's request for amendment or renewal of a network interconnection agreement, the DGT may arbitrate the matter upon receipt of request therefor.In the event Type I telecommunication enterprises do not carry out network interconnection as agreed which failure is within the scope of those mandatory terms required by law to be included in interconnection agreements, the DGT may arbitrate the matter upon the receipt of request therefor.One who does not agree with DGT's arbitration described in the preceding three paragraph may request for relief in accordance with the administrative procedure.Type I telecommunications enterprises shall not reject the request for network interconnection by Type II telecommunication enterprises without due cause, unless the law specifies otherwise. The preceding paragraph 3 and 6 shall apply, mutatis mutandis, to the agreement of network interconnection.The Type II enterprises to which the preceding paragraph shall apply shall be announced by the DGT.The DGT shall enact governing rules with respect to network interconnection, tariff calculation, negotiation, mandatory terms within interconnection agreements, arbitration procedures , and matters requiring compliance related thereto, between or among Type I telecommunications enterprises and other telecommunications enterprises.The DGT may disclose a part or the whole of the interconnection agreement between or among Type I telecommunications enterprises which are Dominant Market Players and other telecommunications enterprises. Upon request, the DGT may elect not to disclose such portions of the agreement related to patent or other intellectual property rights.This Article shall apply to applicants who have obtained an Establishment Approval in accordance with paragraph 1 of Article 14.