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Title: Management Rules of Cable Television Transmission Systems CH
Amended Date: 2011-12-30
Category: National Communications Commission(國家通訊傳播委員會)
Article 1
These management rules are promulgated according to paragraph 3, Article 72 of the Cable Radio and Television Act (hereinafter referred as “this act”).
Article 2
Whoever applies for registration of cable television transmission system (hereinafter referred as “transmission system”) shall fill the application form within one month after these management rules are announced, and attach the following documents and submit them to the special municipal or county/city government for registration:
1. Four certified document copies stating operation date and operation facts.
2. Four photocopies of the legal representative’s identification card.
3. Four copies of head-end address and equipment list.
4. Four copies of operation zone map.
5. Four copies of system cabling map.
The documents in subparagraphs 1 to 3 of previous paragraph shall be examined by the special municipal or county/city government for registration; those in subparagraph 4 shall be examined by the central regulatory agency; those in subparagraph 5 shall be sent to the central regulatory agency for future reference.
The applications submitted beyond the time limitation in paragraph 1 shall not be accepted for registration.
Article 3
The central regulatory agency shall grant the registration certificate after examination to those transmission systems who apply for registration according to the procedures in the previous article and pass the examination.
Article 4
When natural disaster or emergency occurs, in order to ensure public safety and public welfare, the regulatory agency in charge may notify the transmission system to stop transmission of programs or indicate the transmission of special program or message.
If the natural disaster or emergency in the previous paragraph no longer exists, the regulatory agency in charge shall immediately notify the transmission system to recover and continue the transmission.
Article 5
Transmission system shall neither entrust any other to conduct its operation nor conduct the operation jointly with any other.
Article 6
If any of the following situation occurs to the transmission system so that the transmission system must share the head-end with another system, the transmission system shall apply for permission from the central regulatory agency:
1. Relocation of head-end or maintenance of equipment.
2. The head-end fails to transmit signals by itself due to a reason not because of the transmission system.
When applying for approval in previous paragraph, the transmission system shall describe the reason, attach written consent of the other system, and clearly state the duration of the head-end sharing. The duration of head-end sharing shall not exceed one month.
The application for permission shall be made one month before the head-end sharing if that application is based on the reason in subparagraph 1, paragraph 1.
Article 7
The use of bandwidth and wave leakage of the transmission system shall comply with the regulations in the Rules for Engineering Technology of Cable Radio and Television System.
Article 8
Since the announcement date of these management rules, the transmission system shall simultaneously transmit the programs and advertisements of the wireless television stations which are established according to the law without changing the forms, contents, and channels and list them as the basic channels. However, if the central regulatory agency permits, the channels may be changed.
When transmission systems conduct the transmission in the previous paragraph, the expense shall be exempted, and that transmission constitutes no copyright infringement.
The transmission system shall not transmit the programs or advertisements from the operators who fail to obtain the satellite broadcasting business license according to the Satellite Broadcasting Act or who fail to obtain the permission of the branch or agent of the foreign-based satellite radio and television broadcasting enterprise and operate a satellite radio and television broadcasting business without authorization.
Article 9
The cables of transmission system shall be hung or laid according to the application regulations; without the written consents from the respective regulatory agencies (institutes), the cables shall not be hung or laid. If this is violated, the respective regulatory agencies (institutes) shall handle the violation according to relevant regulations.
If the cables in previous paragraph pass through others’ land or building, the regulation of Article 6 of this act shall apply.
Article 10
The transmission system shall tag a label on the cable and user demultiplexer with the name, registration certificate number and service telephone number, and submit the label form to the regulatory agency for future reference. This shall also apply when there are changes.
Article 11
If transmission system intents to suspend the transmission or terminate the operation , it shall comply with the following regulation:
1. It shall report that suspension or termination to central regulatory agency for reference 3 months before that suspension or termination and inform the special municipal government or county/city government simultaneously. However, if the reason of termination is due to paragraph 1, Article 72 of this act, that limitation shall be exempted.
2. It shall notify the subscribers in special channel, relevant program or in written. If there is refund situation, it shall report the refund method to special municipal government or county/city government for reference.
The written documents in subparagraph 1 of the previous paragraph are following:
1. The duration and reason of suspension of transmission or termination of operation.
2. Other documents designated by central regulatory agency.
The duration of suspension in subparagraph 1 of previous paragraph shall not exceed 6 months.
Article 12
If there is any change in the content of the registration certificate, the system operator shall apply for approval from central regulatory agency for such change and inform the special municipal government or county/city government simultaneously.
Article 13
If the registration certificate is lost, the reissuance shall be applied to the central regulatory agency within 15 days after the lost statement has been published in the newspaper.
Article 14
The amount of fee for granting, replacement and reissuance of registration certificate shall be promulgated by central regulatory agency.
Article 15
If the transmission system and the cable radio and television system are affiliated enterprises, and the addresses of them are in the same administrative district, the transmission system may, base on the regulation of exception clause in paragraph 2, Article 72 of this act, attaching the following documents, apply for continuance of operation to the central regulatory agency:
1. The documents which can prove that the transmission system and the cable radio and television system established according to the laws are affiliated enterprises.
2. The statement from cable radio and television system which stated that hat the transmission system and the cable radio and television system established according to the laws are affiliated enterprises.
The duration and district for continuance of operation shall be approved by central regulatory agency according to that operation district of the transmission system.
The “affiliate enterprises” in paragraph 1 shall be determined by the regulation of the Company Act.
Article 16
If there is any one of the following situations happens to the transmission system, the central regulatory agency may revoke the registration certificate:
1. Violation of Article 5, 7 or paragraph 2 of Article 18.
2. Sharing the head-end with other system without the permission from central regulatory agency.
3. False establishment of head-end.
4. Cease of transmission without permission more than 1 month.
Termination of operation.
5. Terminate the operation.
Article 17
If the registration certificate of transmission system has been revoked by central regulatory agency or has been void according to the regulation of paragraph 2, Article 72 of this act, the original operator shall remove the cables by itself within the deadline designated by special municipal government or county/city government. If it fails to remove the cables, the special municipal government or county/city government may remove the cables for it and demand for the necessary expenses to the transmission system.
Article 18
The regulatory agency in charge may send the personnel with evidential documents to implement inspection to transmission system, require the transmission system to provide report concerning the equipment and the affairs regulated In these management rules, or require other cooperative measures. Moreover, they may seize the documents or objectives which are in violation of these management rules.
None shall avoid, obstruct or refuse the requirement in the previous paragraph.
Article 19
A person who intercepts or receives content transmitted by a transmission system without its consent shall pay the basic subscription fee. Where such activity causes loss to the system, such person shall be liable for civil damages compensation.
In the event that the time period of unauthorized reception cannot be proven, the subscription fees referred to in the previous paragraph shall be calculated as two years of the basic rate.
Article 20
These management rules shall be effective from the announcement day.