Laws Information

法規資訊
Title: Examination Regulations on the Establishment Application of Satellite Broadcasting Businesses and Foreign Satellite Broadcasting Businesses
Am Date: 2018-02-08
Legislative History: The amendment of Article 12, 13 and 14 promulgated in accordance with the Order Tung-Chuan-Nei-Rong No. 10748002001 issued by National Communications Commission on Feb. 8, 2018

Transaction

Amended

Article 5
Those applying to run a service operator shall complete the application (Attached Form 1-1) and operations plan, and shall explicitly include the following items in the operations plan:
1. The name, nationality, frequency, transponder of the satellite, and the reception area of the satellite signals; and the number of satellite channels;
2. The initial date of operation;
3. Financial structure and personnel organization;
4. Channel or program planning;
5. Internal control mechanism;
6. Methods of operation and plan for technological development;
7. Fee standards and calculation method; and
8. Other items, as specified by the regulatory agency.
The operations plan in the preceding paragraph shall be written in accordance with the specified details stated in Attached Form 3, along with the Operations Plan Summary Form (Attached Form 2-1) and other documents and supporting documentation, as specified by the regulatory agency.

Article 6
Those applying to run a foreign service operator shall complete the application (Attached Form 1-2) and operations plan, and shall explicitly include the following items in the operations plan:
1. The name, nationality, frequency, transponder of the satellite, and the reception area of satellite signals; and the number of satellite channels;
2. The initial date of operation;
3. Channel or program planning;
4. Fee standards and calculation method; and
5. Other items, as specified by the regulatory agency.
The operations plan in the preceding paragraph shall be written in accordance with the specified details stated in Attached Form 3, along with the Operations Plan Summary Form (Attached Form 2-1) and other documents and supporting documentation, as specified by the regulatory agency.

Article 7
Those applying to run a program supplier shall complete the application (Attached Form 1-3) and operations plan, and shall explicitly include the following items in the operations plan:
1. The number of operating channels, channel name, and method of transmitting signals;
2. The initial date of operation;
3. Program planning;
4. Proposals of broadcasting programs that promote the culture of the ROC;
5. Internal control mechanism and program editorial system;
6. Fee standards and calculation method; and
7. Other items, as specified by the regulatory agency.
If the application is for a channel in the general channel category, the operations plan in the preceding paragraph shall be written in accordance with the specified details stated in Attached Form 3, along with the Operations Plan Summary Form (Attached Form 2-2) and other documents and supporting documentation, as specified by the regulatory agency.
If the application is for a channel in the shopping channel category, the operations plan in the first paragraph shall be written in accordance with the specified details stated in Attached Form 3, along with the Operations Plan Summary Form (Attached Form 2-3) and other documents and supporting documentation, as specified by the regulatory agency.

Article 14
Except for the situations in Articles 10 or 11, where the application cases for program suppliers and foreign program suppliers of the channel category of shopping channel shall be rejected, these cases shall be examined according to the following examination items and assessment standards:
1. Channel positioning and content planning, 20 points;
2. Internal control mechanism and content editorial system, 30 points;
3. Financial planning and fee standards, 20 points;
4. Company organization and personnel training, 10 points; and
5. Customer service and complaint process, 20 points.
Those whose total score has not reached 50 points for the examination items in the preceding paragraph shall be excluded; for those whose operations plan in the preceding paragraph has stated the following planning items, appropriate points will be added subject to the completeness and execution period of their plan:
1. Employment service planning for people with disabilities, maximum of adding 10 points; and
2. Innovative service or planning which facilitates industrial development, maximum of adding 10 points.
Those, whose total score from the assessments in the preceding two paragraphs is less than 60 points, are unqualified and shall be disapproved.
Those whose application cases in Paragraph 1 are program suppliers and are in the situation of violating the provisions of Paragraph 3, Article 8, Subparagraphs 3 or 4, Paragraph 1, Article 10, or Article 12 of the Act, their applications shall be rejected with the stated reasons for the rejection.
Those whose application cases in Paragraph 1 are foreign program supplier and are in the situation of violating the provisions of Subparagraphs 3 or 4, Paragraph 1, Article 10, or Article 12 of the Act, their applications shall be rejected with the stated reasons for the rejection.

Article 13
Except for the situations in Articles 10 or 11, where the application cases for program suppliers and foreign program suppliers of the channel category of general channel shall be rejected, these cases shall be examined according to the following examination items and assessment standards:
1. Channel positioning and content planning, 40 points;
2. Internal control mechanism and content editorial system, 20 points;
3. Financial planning and fee standards, 20 points;
4. Company organization and personnel training, 10 points; and
5. Customer service and complaint process, 10 points.
Those whose total score has not reached 50 points for the examination items in the preceding paragraph shall be excluded; for those whose operations plan in the preceding paragraph has stated the following planning items, appropriate points will be added subject to the completeness and execution period of the plan:
1. International news production and broadcasting planning, maximum of adding 10 points;
2. Domestically produced children and youth program production and broadcasting planning, maximum of adding 15 points;
3. Employment service planning for people with disabilities, maximum of adding 10 points; and
4. Innovative service or planning which facilitates industrial development, maximum of adding 5 points.
Those, whose total score from the assessments in the preceding two paragraphs is less than 60 points, shall be deemed as unqualified and shall be disapproved.
Those whose application cases in Paragraph 1 are program suppliers and are in the situation of violating the provisions of Paragraph 3, Article 8, Subparagraphs 3 or 4, Paragraph 1, Article 10, or Article 12 of the Act, their applications shall be rejected with the stated reasons for the rejection.
Those whose application cases in Paragraph 1 are foreign program supplier and are in the situation of violating the provisions of Subparagraphs 3 or 4, Paragraph 1, Article 10, or Article 12 of the Act, their applications shall be rejected with the stated reasons for the rejection.

Article 12
Except for the situations in the preceding two articles, where the application cases for service operators and foreign service operators shall be rejected, these cases shall be examined according to the following examination items and assessment standards; those, whose score from the assessments is less than 60 points, are unqualified and shall be disapproved:
1. Market positioning and channel planning, 40 points;
2. Internal control mechanism, 20 points;
3. Financial planning and fee standards, 20 points;
4. Company organization and personnel training, 10 points; and
5. Customer service and complaint process, 10 points.
For the application cases in the preceding paragraph that are in the situation of violating the provisions of Subparagraphs 3 or 4, Paragraph 1, Article 10, or Article 12 of the Act, the applications shall be rejected with stated reasons for the rejection.

Article 8
Those applying to run a foreign program supplier shall complete the application (Attached Form 1-4) and operations plan, and shall explicitly include the following items in the operations plan:
1. The name, nationality, frequency, transponder of the satellite, and the reception area of satellite signals; and the number of satellite channels;
2. The initial date of operation;
3. Program planning;
4. Internal control mechanism and program editorial system;
5. Fee standards and calculation method; and
6. Other items, as specified by the regulatory agency.
If the application is for a channel in the general channel category, the operations plan in the preceding paragraph shall be written in accordance with the specified details stated in Attached Form 3, along with the Operations Plan Summary Form (Attached Form 2-2) and other documents and supporting documentation, as specified by the regulatory agency.
If the application is for a channel in the shopping channel category the operations plan in the first paragraph shall be written in accordance with the specified details stated in Attached Form 3, along with the Operations Plan Summary Form (Attached Form 2-3) and other documents and supporting documentation, as specified by the regulatory agency.