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Title: Regulations for the Establishment of Radio Broadcasting Enterprises CH
Category: National Communications Commission(國家通訊傳播委員會)
CHAPTER II Applicant Qualifications
Article 5
Applicant for operating a radio broadcasting enterprise shall hold one of the following qualifications:
1. A company limited that is established or is establishing under the laws.
2. A foundation that is established or is establishing under the laws.
Article 6
The minimum paid-in capital or total endowment assets of the applicant for operating a radio broadcasting enterprise shall meet the following requirements:
1. Nationwide radio broadcasting enterprise: NT$200,000,000.
2. Regional radio broadcasting enterprise: NT$30,000,000.
3. Community radio broadcasting enterprise: NT$3,000,000 for FM radio broadcasting enterprise; NT$9,000,000 for AM radio broadcasting enterprise.
Article 7
The founder, shareholders, directors and supervisors of a radio broadcasting enterprise shall be a national of the Republic of China.
Where the shareholder or founder of the applicant for operating a radio broadcasting enterprise is a natural person, he or she shall not be in any of the following circumstances:
1. Without a household registration or residence in the Republic of China.
2. Shareholder or founder whose spouse, lineal relatives by blood and marriage, and relatives within the second degree of consanguinity that holds or subscribes more than fifty percent of the shares of the enterprise.
3. Shareholder, founder or subscriber of a newspaper, terrestrial television or terrestrial radio broadcasting enterprise that holds or subscribes more than ten percent of the shares of the enterprise.
Where the shareholder or founder of the applicant for operating a radio broadcasting enterprise is a foundation, he or she shall not be in any of the following circumstances:
1. Not established or registered in accordance with laws of the Republic of China.
2. Without a household registration or residence in the Republic of China.
3. Shareholder, founder or subscriber of newspaper, terrestrial television or terrestrial radio broadcasting enterprise that holds or subscribes solely or jointly with its affiliate more than fifty percent of the shares of the enterprise.
The affiliate as described in Subparagraph 3 of the preceding paragraph refers to a company where the shareholder or founder of a radio or television enterprise serves as a director or supervisor or invests more than twenty percent of its total shares.
Where provisions as described in Paragraph 2 are violated due to the succession of shares during the application period, a transfer to the third party shall be made prior to radio license being issued.
Upon obtaining the radio license, the applicant shall ensure that its transfer of shares is in compliance with the enforcement rules of the Act.
Article 8
An applicant shall just submit one application.
Where the applicant is a limited company and any of the following circumstances occurs between the applicant and other applicant(s), they will be deemed as the same applicant:
1. The voting shares or capital contributions held by the applicant reach ten percent or over of another applicant’s total issued voting shares or total capital stock.
2. More than half of the applicant’s directors are directors of another applicant.
3. More than ten percent of the applicant and other applicant’s issued voting shares or capital stocks come from the same shareholder or investor.
4. The applicants are both the subsidiaries of a third Party.
5. The applicants’ holding companies are in relation of control or a subsidiary.
The relation of control or subsidiary prescribed in Paragraph 4 and 5 of the preceding paragraph refers to those as described in Paragraph 1, 2 or 3 of the preceding paragraph.
The shares or stock capital as described in Paragraph 2 shall be calculated in accordance with Article 369-11 of the Company Act.
Where the applicant is a foundation and any of the following circumstances occurs between it and other applicant(s), they will be deemed as the same applicant:
1. More than half of the applicant’s directors are directors of other applicant.
2. The applicant and other applicant have the same donator and its endowment charter has regulated that its directors shall be solely or jointly appointed by the donator.
Where the applicant is a limited company and other applicant is a foundation, they shall be considered as the same applicant if half of the applicant’s directors are directors of other applicant or half of other applicant’s directors are directors of the applicant.
Paragraph 2, 5 and 6 are also applicable before the applicant obtains station operating license.
The provisions of this Article also apply, mutatis mutandis, to an applicant that is an establishing limited company or foundation.
Article 9
Existing radio broadcasting enterprise shall not make another application of operating a radio broadcasting enterprise, unless otherwise provided by the Regulations.
Where provisions from Paragraph 2 to 8 of Article 8 apply to existing radio broadcasting enterprise and anyone who applies for operating a radio broadcasting enterprise under the Regulations mutatis mutandis shall be considered as a same concerned party.
Article 10
When an existing radio broadcasting enterprise, except for those with designated use, commits to return all of the station operating licenses and frequency in use, it may apply for operating a radio broadcasting enterprise.
A resolution shall be adopted by the shareholders' meeting or board of directors of the foundation in regard to commitment as described in the preceding paragraph and evidentiary documents shall be submitted accordingly. The said enterprise shall also submit applications of returning station operating license and frequency in use upon receiving the station operating license.
Where more than two existing radio broadcasting enterprises are involved, an agreement shall be made so that one of the existing radios broadcasting enterprises or the co-establishing enterprise may apply for operating a radio broadcasting enterprise in accordance with the preceding two paragraphs.
Those that have designated use as described in Paragraph 1 refer to indigenous or Hakka radio stations that submitted the application according to the opening announcement issued on January 15 of 1996, May 17 of 1999, and September 30 of 2000; and that were established upon receiving an approval.
Article 11
(deleted)
Article 12
Existing radio broadcasting enterprise shall participate in only one application of operating a radio broadcasting enterprise. The provisions of Paragraph 2 of Article 10 apply, mutatis mutandis, to evidentiary documents that shall be submitted for its commitment of returning the station operating licenses and frequency in use.
Where the applicant and other applicant have returned the same station operating license and frequency in use for applying for operating a radio broadcasting enterprise, they shall be deemed as the same applicant.