In supplying the telecommunications service, the licensee shall not specify the service conditions that force the user to use only the equipment supplied or specified by the licensee, except for certain telecommunications service which has a technical requirement to use only equipment specified by the licensee. The licensee may specify such conditions only after obtaining the approval from the Commission. Nonetheless, such specification of the type of telecommunications equipment shall not bar the rights of users who can acquire by themselves, the specified telecommunications equipment in obtaining the service. In this regard, the licensee shall not refuse the user the supply of or the access to his or her own service.

Section 50 The Commission shall prescribe the measure for consumer protection on matters pertaining to personal data, right of privacy and freedom to communicate by means of telecommunications The licensee shall have the duty to comply with the measure prescribed by the Commission under paragraph one.

When it is found that there is a person who violates the rights of users under paragraph one, the licensee or the Commission shall take action to terminate such violation and inform the user without delay.

CHAPTER VI
Contract for the Supply of Telecommunications Service

Section 51 Any contract between the licensee and the user and any condition in relation to the supply of telecommunications service specified by the licensee including the amendment thereof shall be approved by the Commission before taking effect.

The contract and condition that are valid for approval by the Commission shall at least:
(1) contain provision which clearly and fairly defines duties and responsibilities of the licensee and the user;
(2) contain provision in relation to the standard of service supplied by the licensee;
(3) contain provision in relation to the category and scope of the service expense which shall be complete and fair, and also contain provision guaranteeing that there shall be no charges apart from that specified;
(4) contain no provision which limits the user’s utilization without reasonable ground;
(5) contain no provision in a manner that causes a discrimination, preference or obstacle to other licensees, or unfairness to any party.

When the licensee obtained the approval from the Commission for any contract or condition, the licensee shall have the right to apply such contract or condition to the user.

For the purpose of this Section, the Commission shall have the power to issue notification prescribing the standard criteria of contract and condition regarding the supply of telecommunications service, and may also prescribing the contract or condition in particular matter that does not require the approval from the Commission.

In the case where there is a law providing criteria in making the contract for the supply of telecommunications service for consumer protection, the licensee shall also have the duty to comply with such criteria.

Section 52 The licensee shall disseminate to the public the contract format and the imposition of condition for the supply of service according to the procedure prescribed by the Commission, and shall display it at a conspicuous place in his or her office for public verification.

Section 53 In the case where the licensee has advertised to guarantee standard of quality in the supply of telecommunications service, he or she shall have the duty to act in conformity with that advertisement.

If the licensee fails to supply the telecommunications service as advertised, the Commission shall have the power to order the licensee for the correction thereof.

Section 54 Any contract or agreement for the business operation and the supply of telecommunications service prescribed in notification of the Commission, to be made by the licensee with foreign governments, international organizations and natural person or juristic person residing in a foreign country, including the amendment thereto or
cancellation thereof, shall be approved by the Commission before taking effect, except for the case of regular procurement.

Within thirty days as from the date of making contract or agreement, the licensee shall submit the copies of all contracts or agreements made with foreign governments, international organizations and natural person or juristic person residing in a foreign country to the Commission according to the criteria prescribed by the Commission, except the contract or agreement in relation to procurement, or a contract or agreement that the Commission prescribed in notification for the exemption of the submission.

In the case where the Commission deems that a contract or agreement is made without the approval under paragraph one, or its execution is different from that approved by the Commission, the Commission shall have the power to order the licensee for the correction thereof in accordance with the criteria and within the period prescribed by the Commission. If the licensee fails to take action within the specified period, it shall be deemed as a cause for license revocation.

CHAPTER VII
Fee and Tariff in Telecommunications Service

Section 55 The Commission shall prescribe in notification the categories and maximum rate of fee and tariff that the licensee can charge the user according to the nature and categories of telecommunications service.

Section 56 The setting of the maximum rate of fee and tariff under Section 55 shall:
(1) be expressed by clear calculating method;
(2) be fair to both the licensee and the user;
(3) not cause a discrimination, preference or obstacle to the user or any person.

Section 57 Each licensee shall not charge fee or tariff other than or in excess of the maximum rate prescribed by the Commission under Section 55, and shall not set the rate of fee or tariff in such a way that causes an anti-competitive behavior which restricts a fair competition. In this regard, the licensee shall charge the user the same rate for similar nature or categories of telecommunications service.

The Commission may prescribe that the licensee reduce or exempt fee or tariff charged for the service that is used to provide information and knowledge for the benefit of promoting the knowledge of people in accordance with the criteria prescribed by the Commission.

Section 58 The licensee shall not collect deposit or any other advanced payments.

Violation of or failure to comply with the provisions of this Section by the licensee shall be deemed as a cause of serious damage to the public interest.

The provision of this Section shall apply to the contract for the supply of telecommunications service made under this Act.

Section 59 The licensee shall provide for the dissemination to the public, and shall inform all users the rate of fee and tariff in accordance with the procedure prescribed by the Commission, and shall display it at a conspicuous place in his or her office for public verification.

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