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Chapter Law Content

Title: Enforcement Rules of the Cable Radio and Television Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter III Regulation of Operations
Article 11
The affiliates referred to in Paragraph 1 of Article 21 and Paragraph 3 of Article 42 shall be governed by related provisions on affiliates in the Company Act.
Article 12
The indirect foreign investment regulated in Paragraph 2 of Article 19 shall be computed by multiplying the percentage of shares or investment of the company operating a cable and/or radio system owned by domestic legal entities with the percentage of foreign shares of said domestic legal entities.
Article 12-1
The term “political party worker” in this Act refers to the following persons:
1. A person holding a position specified in the charter or organizational framework of a political party, but not those holding consultative positions;
2. A supervisor or vice supervisor of a section specified under the charter or organizational framework of a political party and of the branches in special municipalities, counties and cities.
Article 12-2
The term “political appointee” in this Act refers to the following personnel provided for Article 2 of the Political Appointee Termination and Survivor Relief Act:
1. A person who is appointed, specially appointed, or specially commissioned by the President in accordance with the Constitution;
2. A person who is nominated by the President in accordance with the Constitution and appointed with the consent of National Assembly or Legislative Yuan;
3. A person who is appointed by the President upon the recommendation of the Premier in accordance with the Constitution;
4. Other persons who hold positions higher than 12th grade of Selected Appointment Rank in central or local government in accordance with the law.
Article 12-3
The term “elected public official” in this Act refers to the following persons:
1. President and vice president;
2. Legislators;
3. Chiefs of local governments of special municipalities, counties (cities) and rural townships (urban townships and cities);
4. Councilmen of special municipalities, counties and cities.
Article 13
The administrative district referred to in Item 2 of Paragraph 1 of Article 21 of this Act shall refer to the same special municipal or county/city government.
The central regulatory agency shall announce the total number of subscribers in the nation, the total number of system operators in an administrative district, and the total number of system operators in the nation, as stipulated in Paragraph 1 of Article 21 of this Act, before the end of February and August of each year.
Article 14
The application form referred to in Paragraph 1 of Article 22 of this Act shall explicitly include the following details:
Application by a limited company: its name, minutes of every meeting of shareholders, a copy of the profit-making business registration certificate, and company charter, as well as the name, nationality, address, experience, and the amount, ratio, and value of stocks held by each director, manager, supervisor, and shareholder with more than 5 percent of shares;
Application by a limited company in preparation: its name, as well as the name (or the appellation), nationality, address, experience, and the amount, ratio, and value of stocks held by each incorporator and subscriber with more than 5 percent of the shares;
The service area;
The name (and acronym) of the system;
The system head-end address and predetermined business address; and
Other items, as specified by the central regulatory agency.
The application form shall be formulated by the central regulatory agency.
Article 15
When applying for the establishment of cable radio and/or television, if the application form or the operations plan is incomplete and when supplementary submission is allowed, the central regulatory agency shall notify the applicant to complete supplementary submission within a specified period of time. In the event that the applicant fails to do so within the specified period of time or if the supplementation is still incomplete, the review committee shall pass a resolution to reject the application.
Article 16
Whether the financial plan referred to in Item 1 of Article 25 of this Act suffices to carry out the operations plan shall depend upon the following considerations:
The applicant’s financial sources and evidential documents thereof; and
The applicant’s financial conditions and credit records.
Plans of exclusive channels for programs of public interest, literature, art, and social education, as stipulated in Item 2 of Article 25 of this Act, shall be formulated by the central regulatory agency.
Article 17
Whether the service provided, as stipulated in Item 3 of Article 25 of this Act, meets the interests and needs of the local public may be determined by the review committee by the following means:
Holding public hearings;
Commissioning other institutions to conduct public opinion polls;
Inviting applicants to interviews or conducting interviews in individual service areas; and
Other appropriate means.
Article 18
The minimum paid-in capital of system operators shall be NT$200 million.
Article 19
An application for changes, as stipulated in Paragraph 1 of Article 26 of this Act, shall clearly state the reason of change and be submitted with the following documents:
Table of comparison showing the contents of the change and relevant explanations; and
Other documents, as specified by the central regulatory agency.
If an applicant fails to submit all the documents mentioned in the preceding Paragraph and when supplementary submission is allowed, the central regulatory agency shall notify the applicant to complete supplementary submission within a specified period of time. In the event that the applicant fails to do so within the specified period of time or if the supplementation is still incomplete, the review committee shall pass a resolution to reject the application.
Article 20
The documents to be submitted, as stipulated in Article 29 of this Act, shall be as follows:
A copy of the company license, a copy of the profit-making business registration certificate, and the company charter;
A register of shareholders, directors, and supervisors; and
Other documents, as specified by the central regulatory agency.
Article 21
When the installation of the system is implemented in stages in accordance with Article 30 of this Act, the first-stage installation shall be no less than 30 percent of the entire installation.
Article 22
In the preparation of the system, if the documents required for applying for engineering inspection, as stipulated in Paragraph 1 of Article 31 of this Act, are incomplete and cannot be completed within the installation timetable, it is deemed as failing to install the system within the installation timetable.
Article 23
When applying for the renewal of the operating license, as stipulated in Article 35 of this Act, a system operator shall submit the following documents:
An application form;
A nine-year operations plan, with explicit details on items listed in Paragraph 2 of Article 22 of this Act;
A financial report of the past seven years endorsed by an accountant; and
Other documents, as specified by the central regulatory agency.
If an applicant fails to submit all the documents mentioned in the preceding Paragraph and when supplementary submission is allowed, the central regulatory agency shall notify the applicant to complete supplementary submission within a specified period of time. In the event that the applicant fails to do so within the specified period of time or if the supplementation is still incomplete, the review committee shall pass a resolution to reject the application.
The application form mentioned in Item 1 of Paragraph 1 shall be formulated by the central regulatory agency.
Article 24
When reviewing the application mentioned in the preceding Article, the review committee shall consider the following:
The assessment and corrections on the implementation of the operations plan;
The record of violation of this Act; and
The handling of subscribers' disputes in the service area.
Article 25
If the review committee passes a resolution to disapprove the renewal of the operating license, the central regulatory agency shall reject the application. The original operating license shall become void after the expiration date.
Article 26
The notification of the corrections to be made within a specified period of time, issued in accordance with Paragraph 2 of Article 36 and Article 60 of this Act, shall be in writing and shall explicitly include the following details:
The items for correction;
The deadline for correction;
Proof of correction; and
The penalty provisions in case the correction deadline is not met.
Article 27
The report submitted to the central regulatory agency in accordance with Paragraph 1 of Article 39 of this Act shall be in writing and shall include the following documents:
The date and reason(s) for the suspension of operation or the reason(s) for the termination of operation; and
Other documents, as specified by the central regulatory agency.
The notification stipulated in Paragraph 1 of Article 39 of this Act shall be transmitted on the exclusive channel used by the system operator, in related programs, or in writing.