CHAPTER III
Standard of Telecommunications Network and Equipment

Section 32 The Commission shall have the power to prescribe in notification that certain categories of telecommunications network, telecommunications equipment or device used in telecommunications service which affect the supply of service shall conform to the specified technical standards.

The Commission may prescribe in notification that certain categories of device used in the telecommunications network, telecommunications equipment or device used in telecommunications service shall be tested and certified the conformity to standard before putting into service.

Section 33 The licensee shall maintain, repair and modify telecommunications network, telecommunications equipment and device used in telecommunications service which the licensee uses for the supply of service in order to enable the efficient use and conform to the technical standard as prescribed in notification issued under Section 32.

Section 34 Type Three licensee shall have engineers with qualifications and being of numbers as prescribed by the Commission to supervise the operation of telecommunications service, the installation, the inspection as well as the maintenance of telecommunications network, telecommunications equipment and device used in telecommunications service to ensure the conformity to technical standard.

Section 35 The Office shall have the power to conduct the test and certification of the device used in telecommunications network, telecommunications equipment and device used in telecommunications service, according to notification of the Commission issued under Section 32 paragraph two, or according to the request from any person who intends to have the test and certification.

The test and certification under paragraph one shall be in accordance with the regulations prescribed in notification of the Commission.

Section 36 Any person who intends to conduct the test and certification of the device used in telecommunications network, telecommunications equipment and device used in telecommunications services shall establish a conformity assessment body who is a juristic person and operates under a licence obtained from the Commission.

The applicant qualifications, the application procedure, the issuance of licence, the term of licence, the licence renewal, and the fees for licence issuance and licence renewal shall be in accordance with the criteria, procedures and conditions prescribed in notification of the Commission.

The conformity assessment body shall have test and certification staff with qualifications and being of numbers as prescribed by the Commission.

In authorizing the establishment of the conformity assessment body, the Commission may prescribe any condition as it deems appropriate.

Charges for conducting the test and certification by the licensee under paragraph one shall be at the rates prescribed by the Commission.

Section 37 The Commission shall have the power to revoke the licence to establish the conformity assessment body in the following cases:
(1) the licensee authorized to establish the conformity assessment body lacks of the qualifications as prescribed in notification issued under Section 36 paragraph two;
(2) the conformity assessment body conducts the test, reports the test or conduct the certification in bad faith;
(3) the test, report of the test or certification is delayed without reasonable ground, causing serious damage to the applicant;
(4) the conformity assessment body lacks of test and certification staffs with qualifications or being of numbers as prescribed by the Commission.

The revocation of licence under paragraph one shall not affect the certification of standard conformity which was conducted prior to the revocation of licence, except for the certification of standard conformity which was conducted in bad faith, or was not conducted in conformity with the standard prescribed by the Commission. In such case,
the Commission may order the revocation of that certification.

In the case where any person suffers from damages from the revocation of certification under paragraph two, if that person did not participate in the certification conducted in bad faith, the conformity assessment body whose licence is revoked shall have the duty to compensate for the damages suffered by that person.

Section 38 In the case where the telecommunications network, telecommunications equipment or any other device of the licensee is not functioning, is not functioning as usual, is causing interference to telecommunications service or is not in conformity with the standard prescribed in notification issued under Section 32, the competent official shall have the power to order the licensee for the correction, the modification or the suspension of that telecommunications network, equipment or device.

The provisions of paragraph one shall also apply to telecommunications equipment of the users, mutatis mutandis.

CHAPTER IV
Rights of Licensee

Section 39 In supplying the telecommunications service, if the licensee has to set up or erect poles, lay lines or place ducts or install any other associated equipment, and requires to exercise the rights under this Section, the licensee shall submit a diagram indicating details on direction and boundary profile of setting up or erecting poles, laying lines, placing ducts, and installing associated equipment to the Commission for the approval prior to the implementation.

When the Commission has given the approval under paragraph one, the licensee shall have the following rights:
(1) to lay lines or to install any associated equipment for the supply of telecommunications service on or along the poles, ducts or facilities used for similar purpose of other licensees, or State agencies or public utility providers. In such case, those other licensees or State agencies shall not refuse such implementation. Nonetheless, they may charge a necessary compensation;
(2) to set up or erect poles, lay lines or place ducts, or to install any associated equipment for the supply of telecommunications service on the land which is domaine public of State. In such case, the licensee shall inform the State official in charge of that land in advance and shall comply with the criteria and conditions set forth by that State official;
(3) to set up or erect poles, lay lines or place ducts, or to install any associated equipment for the supply of telecommunications service on another person’s land. In such case, the licensee shall make an agreement with the land owner or land tenant according to the guidelines prescribed in notification of the Commission.

In the case where the licensee cannot proceed according to paragraph two because of the lack of permission or the unreasonably excessive level of charge or compensation, the licensee may request the Commission for the consideration. If the Commission deems that the implementation of the licensee is necessary and inevitable, and will not cause excessive damages to the State agency, the land owner or land tenant, or the property owner or property possessor, the Commission shall have the power to notify the use of land or property for that purpose to the State official in charge of the land or property, the land owner or land tenant, or the property owner or property possessor not less than thirty days in advance together with the date, time and nature of implementation.

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