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Chapter Law Content

Title: Satellite Broadcasting Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter II Permission of Operation
Article 4
The organization of a satellite broadcasting business shall be a company limited by shares or a foundation.
The minimum paid-in capital and total endowment assets of a satellite broadcasting business shall be prescribed by the regulatory agency.
The total shares of a satellite broadcasting business directly held by foreign shareholders shall be less than 50 percent of the total shares issued by the said business.
Article 5
The government and political parties, as well as foundations established with their endowments, and those commissioned by them, shall not directly or indirectly invest in satellite broadcasting businesses.
Unless otherwise provided by law, the government and political parties shall not provide endowments for the establishment of a satellite broadcasting business.
Existing situations involving the government, political parties, as well as foundations established with their endowments, and those commissioned by them, that do not meet the provisions of one of the preceding two Paragraphs prior to the implementation of the revision of this Act, shall be corrected within two years of the implementation of this Act.
Political party workers, political appointees, and elected public officials shall not invest in satellite broadcasting businesses. Total shareholdings by their spouses, relatives by blood within the second degree of relationship, and lineal relatives by marriage, shall not exceed 1 percent of the issued shares of a satellite broadcasting business. Existing situations involving satellite broadcasting businesses that do not meet these provisions prior to the implementation of the revision of this Act shall be corrected within two years of the implementation of the revision of this Act.
The government, political parties, political workers, and elected public officials shall not be promoters, directors, supervisors, or managerial officers of a satellite broadcasting business. Those who hold these positions prior to the implementation of the revision of this Act shall be relieved of their duties by the satellite broadcasting business within six months of the implementation of the revision of this Act.
The scope of political party workers, political appointees, and elected public officials mentioned in the preceding two Paragraphs shall be defined in the Enforcement Rules of this Act.
Article 6
To operate a satellite broadcasting business, an applicant shall complete and submit an application form, along with an operations plan, to the regulatory agency. Satellite broadcasting operation shall begin after the regulatory agency approves the application and issues a satellite broadcasting business license
To operate a direct satellite broadcasting business, a foreign satellite broadcasting business shall complete and submit an application form, along with an operations plan, to the regulatory agency by its branch office located in the Republic of China. Satellite broadcasting operation shall begin after the regulatory agency approves the application and issues a satellite broadcasting business license.
To operate a satellite channel and program supply business, a foreign satellite broadcasting business shall complete and submit an application form, along with an operations plan, to the regulatory agency by its branch office or agent located in the Republic of China. Satellite broadcasting operation shall begin after the regulatory agency approves the application and issues a satellite broadcasting business license.
The approval procedures, examination items, assessment standards and other regulatory matters shall be enacted by the regulatory agency.
Article 7
To provide a direct satellite broadcasting business, an applicant shall explicitly include the following details in the operations plan:
1. The name, nationality, frequency, and transponder of the satellite; the number of satellite channels; and the reception area of the satellite signals;
2. The initial date of operation;
3. Financial structure and personnel organization;
4. Channel and program planning;
5. Internal control mechanism;
6. Methods of operation and plan for technological development;
7. Rates and their calculation formula; and
8. Other items, as specifies by the regulatory agency.
An operation plan submitted by the foreign satellite broadcasting business for providing direct satellite broadcasting services in the Republic of China shall explicitly include the following details:
1. The name, nationality, frequency, and transponder of the satellite; the number of satellite channels; and the reception area of the satellite signals;
2. The initial date of operation;
3. Channel and program planning;
4. Rates and their calculation formula; and
5. Other items, as specifies by the regulatory agency.
Article 8
To provide satellite channel and program supply business, an applicant shall explicitly include the following details in the operations plan:
1. The number of operating channels, channel name and the method of transmitting signals;
2. The initial date of operation;
3. Program planning;
4. Proposals of broadcasting programs that promote our nation’s culture;
5. Internal control mechanism and program editorial system;
6. Rates and their calculation formula;
7. Other items, as specified by the central regulatory agency.
While planning the programs, satellite channel and program supply business shall take the content diversity into consideration, protect human dignity, fulfill social responsibility and protect the culture of our nation.
To protect the culture of our nation, satellite channel and program supply business shall produce and broadcast programs in accordance with the restrictions of our nation’s program ratio stipulated by the regulatory agency.
The said identification, category, designated broadcast time slot and restrictions on the ratio shall be regulated by the regulatory agency.
The satellite channel and program supply business shall submit and apply for the change of operations plans according to Subparagraph 3 and 4 of Paragraph 1, and Paragraph 2 through preceding Paragraph a year prior to the implementation of the amendment of this Act made on the 18th of December 2015. A year after the implementation of the amendment of the Act, the produced and broadcasted program shall comply with provisions stated in Paragraph 2 through preceding Paragraph.
An operations plan submitted by the branch office or agent of a foreign satellite broadcasting business for the engagement in channel and program supply operations in the Republic of China shall explicitly include the following details:
1. The name, nationality, frequency, and transponder of the satellite; the number of satellite channels; and the reception area of the satellite signals;
2. The initial date of operation;
3. Program planning
4. Internal control mechanism and program editorial system;
5. Rates and their calculation formula; and
6. Other items, as specifies by the regulatory agency.
Article 9
Should the application or operations plan of satellite broadcasting business or the branch or agent of a foreign satellite broadcasting business be incomplete, the regulatory agency shall notify the applicant to make up the documents in time. If an applicant fails to do so by the given time, the application shall be rejected.
Article 10
Where an applicant of satellite broadcasting business is having any of the following situations, the application shall be rejected with reasons stated.
1. Violation of Article 4 or Article 5
2. The applicant’s director, supervisor or the applicant is a company in preparation; the promoter violates Article 30 of Company Act; or the director, supervisor or manager of the satellite broadcasting business has been sentenced to imprisonment for committing crime with the job position and the sentence has not been completed or three (3) years have not elapsed since the date of sentence completion, the expiration of probation period, or the pardon of such punishment.
3. The applicant’s operations plan may violate compulsory or prohibitive regulations under the law, or adversely affect the national security, overall industrial development, public order or good social customs.
4. The applicant does not have sufficient capital and capability for executing the operations plan.
5. The applicant had its satellite broadcasting business license revoked or abolished less than two years due to the violation of this Act.
Should the branch office or agent of a foreign satellite broadcasting business that applies for the engagement of satellite broadcasting business operations violates any situations stated in Subparagraph 3 through 5 in preceding Paragraph, the application shall be rejected with reasons stated.
The qualifications of directors, supervisors and the responsible person and other management details shall be regulated by the regulatory agency.
Article 11
The license of the satellite broadcasting or the branch office or agent of a foreign satellite broadcasting business is valid for six years.
The validity of the license of a foreign satellite broadcasting business’ agent depends on the agency right period stated in the agency agreement, which shall not exceed six years.