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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/05 03:47
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Chapter Law Content

Title: Regulations for the Establishment of Radio Broadcasting Enterprises CH
Category: National Communications Commission(國家通訊傳播委員會)
CHAPTER III Operation License
Section 1 Application and Examination
Article 13
To apply for the establishment permit, applicants for operating a radio broadcasting enterprise shall submit the following documents to the regulatory agency by a prescribed deadline:
1. Application form.
2. Operations plan, with the following items and details specified:
(1) The overall planning, including the objective of establishing the station and target audience.
(2) Personnel structure and administrative organization, including the administrative organization, personnel structure and personnel arrangement.
(3) Operations plan and schedule planning, including operations plan, schedule planning, and the audience interaction mechanism.
(4) Program planning, internal process control, and advertising fees and charges.
(5) Financial structure, including capital and financial plan, and budget control.
(6) Plan for personnel education and training.
(7) Profile of equipment and plan for construction, including a summary and details of system equipments, and construction plan.
(8) Other items designated by the regulatory agency.
3. Item 1, 3, 4, 6, 7 and 8 of the operations plan as described in the preceding subparagraph may be provided to the regulatory agency for quote and announcement.
4. Photocopy of the review fee remittance slip.
5. Photocopy of the tender bond remittance slip provided by the applicant for operating a nationwide radio broadcasting enterprise and regional radio broadcasting enterprise.
6. Other documents designated by the regulatory agency.
The regulatory agency shall, after the application deadline, make documents regulated in Subparagraph 3 of the preceding paragraph public.
Article 14
The applicant shall render the review fee when submitting the application. The amount and payment of review fee shall refer to Fee Charge Standards for the Operations of Radio and TV Stations.
Radio broadcasting enterprises whose permit is granted through bidding shall pay for the tender bond when submitting the application. The tender bond for those who apply for operating a nationwide radio broadcasting enterprise is NT$33,000,000, and NT$5,000,000 for those who apply for operating a regional radio broadcasting enterprise.
The applicant shall not request for reimbursement of the review fee, unless otherwise provided by the Regulations.
The applicant shall not request for reimbursement of the tender bond before the bidding results have been announced, unless otherwise provided by the Regulations.
The review fees and tender bond shall be remitted to an account designated by the regulatory agency through TT. The name, address and telephone number of the applicant company or foundation shall be stated in the cash remittance note.
Article 15
An application that falls under one of the following circumstances shall be prohibited from submitting retroactive correction, and shall be declined. The applicant’s review fee and tender bond shall be reimbursed without interest within a seven-day period from the following day the application acceptance decline ruling is delivered:
1. The submission is made after the application acceptance deadline.
2. No application form or operations plan is submitted.
3. The review fee and tender bond are not paid, or the paid amount is insufficient.
4. The applicant is not qualified as described in Article 5.
Article 16
An application that falls under one of the following circumstances shall be prohibited from submitting retroactive correction, and shall be declined. The applicant’s review fee, tender bond and interest accrued shall be withheld, or be retroactively recuperated if the reimbursement is already made:
1. Violation of Paragraph 1, 2, 3 and 6 of Article 7, Paragraph 1 of Article 8, and Paragraph 1 or 12 of Article 9.
2. Violation of Paragraph 1 of Article 10.
3. The content of applicant’s documents as mandated under Article 6, 7, 8, 9 or 10 is found fraudulent or false.
4. The application is made with false or modified documents.
5. Bid rigging or any conduct that suffices to impair the fairness and unbiased competitive bidding.
Where an applicant who already received the establishment permit, station installation permit, station license and station operating license violates provisions of the preceding paragraph, the regulatory agency shall abolish its establishment permit, station installation permit, station license and station operating license.
Article 17
Where an applicant is under one of the following circumstances, the regulatory agency shall notify the applicant to adopt retroactive correction within a prescribed deadline, and when failing to adopt retroactive correction or the matter remains pending despite retroactive correction, the application is to be declined; the applicant’s tender bond is to be reimbursed without interest within a seven-day period from the following day the application acceptance decline ruling is received, while the review fee and interest accrued shall not be reimbursed:
1. Violation of Paragraph 5 of Article 7 or Paragraph 2 of Article 10.
2. The applicant’s anticipated paid-in capital or total contributions as stated in its operations plan fails to reach the operation’s minimum paid-in capital or total endowment assets.
3. The applicant’s documents as mandated under Article 13 are found incomplete, or the content of entry is deemed incomplete, or entries in its operations plan contain error or miscalculation.
4. Adopted engineering equipment is deemed to deviate from the engineering technical standards of Administrative Regulations on the Establishment of Radio and TV Broadcast Station.
5. Other retroactive corrections to be made under regulatory agency’s request.
Article 18
When an applicant withdraws its application, the paid review fee and tender bond shall be processed as stipulated below:
1. When the applicant withdraws its application prior to the application acceptance deadline announced by the regulatory agency, the review fee and tender bond shall be reimbursed without interest within a seven-day period from the following day the withdrawal application is received.
2. When the applicant withdraws its application before the list of qualified bidders is announced, the tender bond shall be reimbursed without interest within a seven-day period from the following day the withdrawal application is received, while the review fee and interest accrued shall not be reimbursed.
3. When the qualified applicant withdraws its application after the list of qualified bidders is announced, the tender bond, review fee and interest accrued will not be reimbursed, and of any that has been previously reimbursed, shall be subject to retroactive recuperation.
Article 19
Applicants that have found to be in violation shall not be granted with an opportunity to make statements if the regulatory agency has made one of the following punishments:
1. The application is declined without reimbursement of the review fee, tender bond and interest according to Article 16.
2. The application is declined without reimbursement of the review fee and interest according to Article 17.
3. The applicant’s qualification of joining the bidding or becoming the nominated bidder is revoked or abolished according to Article 29.
4. The applicant’s qualification of casting lots or becoming the nominated bidder is revoked or abolished according to Article 33.
Article 20
To review the applications, the regulatory agency may establish a Review Advisory Committee.
To receive the qualification, the applicant for operating a nationwide radio broadcasting enterprise and regional radio broadcasting enterprise shall submit the application form; render the review fee and tender bond as regulated; and receive a score of at least eighty-five from the Review Advisory Committee in regard to its application form and business plan.
To receive the qualification, applicant for operating a community radio broadcasting enterprise shall receive a score of at least seventy-five from the Review Advisory Committee in regard to its application form and business plan.
After deliberating upon the qualification recommendations made by the Review Advisory Committee, the regulatory agency shall notify the qualified applicant and announce the list of qualified applicants.
Article 21
(deleted)
Section 2 Bidding
Article 22
Upon completing examination procedures as regulated in the preceding Section, the regulatory agency may carry out bidding operations as described in Article 4 in regard to the issuance of establishment permit for nationwide and regional radio broadcasting enterprises. Rules governing the bidding operation shall be handled by the regulatory agency.
The permits are the targets of bidding operations and the bidding for establishment permits of nationwide radio broadcasting enterprise and regional radio broadcasting enterprise shall be handled in sequence.
The date, location and operations relevant details of the said bidding shall be announced by the regulatory agency seven days prior to the bidding date.
The regulatory agency shall, before conducting the bidding as described in the preceding paragraph, stage a presentation of the bidding operations and procedures.
Article 23
When the regulatory agency conducts bidding operations, the bidding targets shall be bid for in single rounds.
The bid as described in the preceding paragraph must not be withdrawn or amended.
The bids shall be submitted in units of NT$1,000,000 for nationwide radio broadcasting enterprises and NT$100,000 for regional radio broadcasting enterprises.
Where a submitted bid is above the bottom price and is the highest amount, it shall become the temporary nominated bidder of that bidding target and the bidding amount shall be the temporary nominated bid price.
Where more than two competing bidders have quoted the same highest amount above the bottom price, the temporary nominated bidder shall be determined by casting lots.
Where the submitted bids are below the bottom price of that bidding target, the regulatory agency shall reject all bids.
Article 24
The regulatory agency shall conduct bidding operations in a bidding room prepared at the bidding location.
Each bidder shall designate no more than three authorized agents who shall bring the letter of attorney and relevant documents to register and enter the bidding room at the time appointed by the regulatory agency. Those who fail to do so shall be disqualified from bidding.
Authorized agents as described in the preceding paragraph shall not use any telecommunications device and shall turn off the power of devices. Where anyone disturbs the order of bidding room or impairs the fairness of biding, the regulatory agency shall order them to make corrections. Those who fail to do so will lose its bidding qualification.
Each bidder and authorized agent(s) shall not participate in any conduct that will affect the fairness of bidding procedures or violate regulations after the announcement of the list of qualified bidders and before the final bidding. Any offender shall be deemed disqualified from the bidding by the regulatory agency.
Where the bidder loses its qualification during the bidding procedure, its authorized agent shall immediately leave the bidding room and shall not be allowed to reenter.
Article 25
Any of the following circumstances shall be considered as an ineffective quotation:
1. The bidding target is not the target it it has applied for.
2. The quoted value cannot be explicitly confirmed or identified.
3. The field of quotation is blank or more than two prices are quoted.
4. Fails to submit the quotation note within the timeframe designated by the regulatory agency.
5. Fails to quote the price in the quotation unit as described in Paragraph 5 of Article 23.
6. Other circumstances that the regulatory agency deems to have an ineffective quotation.
Article 26
Where any of the following circumstances occurs during the bidding procedure, the regulatory agency shall suspend the bidding procedure and decide the following procedure:
1. Any force majeure.
2. Any major violation of rules by the bidder.
3. Any circumstance that is inappropriate to carry on the bidding procedure.
Article 27
After the bidding procedure, the price of winning bid of each target shall be the quotation of nominated bidder.
After the bidding procedure, the regulatory agency shall announce the list of nominated bidders, winning targets, winning bid price and bottom price.
Article 28
In any of the following circumstances, the bidder’s posted tender bond shall be reimbursed without interest:
1. When a bidder is not qualified for bidding after the examination as described in Paragraph 2 of Article 20, the tender bond will be reimbursed without interest within a fifteen-day period from the following day the regulatory agency announces the list of qualified applicants.
2. When a bidder participates in the bidding but has not been awarded with the bid, the tender bond shall be reimbursed without interest within a fifteen-day period from the following day the regulatory agency announces the list of nominated bidders.
3. When a bidder participated in bidding has secured a bid and has remitted the winning bid or the initial installment as regulated, the tender bond is to be reimbursed without interest. The nominated bidder may transform the paid bidding bond into a part of its initial installment without interest.
Should a bidder encounter one of the following circumstances, the bidder’s posted tender bond shall not be reimbursed, and when it has previously been reimbursed, it shall be subject to retroactive recuperation:
1. A bidder, upon being awarded with the bid, fails to remit the winning bid in one lump sum or remit the first installment of the winning bid and post the guarantee for the remainder of the winning bid and interest.
2. A bidder is revoked of or has lost competitive bidding qualification as described in Article 24.
Article 29
Where the bidder is in any of the circumstances as described in Paragraph 1 of Article 16 during the bidding procedures, the regulatory agency may revoke or abolish its right to participate in the bidding; where the said circumstance is found after the bid has been awarded, the bid award shall be revoked or abolished, and the paid winning bid shall be returned without interest.
Under the foresaid circumstance, the posted review fee, tender bond and the interest accrued will not be reimbursed, and one that has been reimbursed shall be retroactively recuperated or have the sum deducted from the bidder’s winning bid.
Section 3 Casting Lots
Article 30
Where the establishment permit of community radio broadcasting enterprise shall be conducted by casting lots after the examination as regulated in Article 4, the regulatory agency shall carry out this procedure upon completing the examination procedure according to provisions stated in Section 1 of the preceding paragraph.
The procedures, date and location concerning lots casting shall be announced and prescribed by the regulatory agency.
Article 31
Bidders who are qualified to cast lots shall with its representative or authorized agent, with the letter of attorney and relevant documents, present in lots casting in a location and time designated by the regulatory agency.
Where a qualified bidder fails to do so or to designate an authorized agent to do so, it shall be deemed as renouncing its right of participating in casting of lots. The same rule shall apply to bidders who fail to join lots casting after being called in the event.
Only bidders who are qualified to join lots casting and/or their authorized agents are allowed to enter the venue of casting lots. Other people shall not enter the venue, unless with the consent of regulatory agency.
Bidders who are qualified to join lots casting and/or their authorized agents shall not conduct any action that affects the operations of casting. Where a bidder or its authorized agent violates the said rule, the regulatory agency shall order it to make corrections. If no correction is made upon receiving the notification, the bidder’s qualification shall be revoked.
Article 32
Where only one bidder is qualified to participate in casting lots among all applicants or only one qualified bidder has registered to do so, said bidder shall automatically become the nominated bidder without the conduct of casting lots.
Where more than two applicants are qualified to participate in the casting of lots, their order of casting of lot shall depend on the number of strokes of the first character of their name increasing in number. In the case where their first characters have the same number of strokes, the number of strokes of the second character shall be used and so on. Bidders who are qualified for casting lots shall draw a number and, based on the drawn number from small to big, cast lots for the establishment permit.
The lots shall be prepared by the regulatory agency according to the number of participant bidders. During the casting, bidders shall be called according to procedures as described in the preceding paragraph and then the qualified bidder shall take their order to cast lots. The one who receives the lot of establishment permit will be the lot winner.
Lots casting will be concluded after the winner of the lot appears. However, if the said winner abandons its rights or its qualification is abolished and results in an absence of lot winner, the lots casting procedure shall come to the end and bidding target shall not go another round of casting lots.
Where the qualified bidders of casting of lots of a specific target fail to participate in the procedure, the lot casting shall conclude and the subject shall not be open for bidding, other than for conditions as stipulated in Paragraph 1.
After the casting is closed, the lot winner(s) is only the temporary nominated bidder as the list of the nominated bidders shall be announced by the regulatory agency.
Article 33
Where the bidder fall under any of the circumstances as described in Paragraph 1 of Article 16 during the casting procedures, the regulatory agency may revoke or abolish its right to participate in the bidding; where the said circumstance is discovered after the bid has been awarded, the bid award shall be revoked or abolished.
Where the instance as described in the preceding paragraph occurs, the paid examination fee and interest accrued shall be withheld, or be retroactively recuperated if a reimbursement has been previously made.
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