CHAPTER I General Provisions
Article 1
This Act is stipulated in accordance with Paragraph 8 of Article 10 of Radio and Television Act (hereinafter shortened as the Act).
Article 2
The regulatory agency referred to in the Regulations is National Communications Commission.
Article 3
The terms used in the Regulations shall be defined as follows:
1. Radio station: refers to radio stations established in accordance with the Act and is shortened as the “station.”
2. Radio broadcasting enterprise: refers to an enterprise that operates a radio station.
3. Nationwide radio broadcasting enterprise: refers to an enterprise that establishes a radio station under the laws and provides radio services in Taiwan, Penghu, Kinmen and Matsu.
4. Regional radio broadcasting enterprise: refers to a radio broadcasting enterprise that establishes Type B FM or Type B AM radio station and provides legal services in regions designated by the regulatory agency.
5. Community radio broadcasting enterprise: refers to a radio broadcasting enterprise that establishes Type A FM or Type A AM radio station and provides legal services in regions designated by the regulatory agency.
6. Existing radio broadcasting enterprise: refers to an enterprise that has received a station operating license prior to the promulgation of these Regulations.
7. Operator: refers to an enterprise that has acquired a radio license to run the radio station operations after the promulgation of the Regulations.
Type A and Type B radio stations referred to in Subparagraph 4 and 5 in the preceding paragraph shall be determined in accordance with Article 26 of Administrative Regulations on the Establishment of Radio and TV Broadcast Station stipulated based on the authorization of Paragraph 3, Article 46 of Telecommunications Act.
Article 4
For operation, a radio broadcasting enterprise shall file an application for approval; if approved, a station operating license shall be issued by the regulatory agency.
The application form, operations plan, and other qualifications of an applicant for a radio broadcasting enterprise establishment permit shall first be examined. Those deemed qualified shall be issued with an establishment permit according to the following procedures:
1. Nationwide radio broadcasting enterprise and regional radio broadcasting enterprise shall join the bidding as regulated. The nominated bidder shall render the winning bid and performance bond in accordance with Article 34 and 38 respectively and the establishment permit will be issued by the regulatory agency accordingly.
2. Community radio broadcasting enterprise shall cast lots as regulated and the regulatory agency will issue establishment permit to the nominated bidder within thirty days after the list of bidders is announced.
The nominated bidder as described in the preceding paragraph refers to a nationwide radio broadcasting enterprise or regional radio broadcasting enterprise that temporarily wins the bid, or community radio broadcasting enterprise that temporarily wins the bid through lots casting. However, the nominated bidder shall have its qualifications declared by the regulatory agency.
Rules governing the methods, service area and limitations on the establishment of station, number of licenses, application period and other regulatory matters concerning the approval of radio broadcasting enterprise shall be prescribed and announced by the regulatory agency.
Procedures governing public or public welfare radio broadcasting enterprises of a government agency, public body, or government-financed foundation according to other laws shall be undertaken according to regulations of Chapter IV-I; Article 2 to 4 shall not be applicable in such case.