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

Print Time:2024/12/05 03:42
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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)
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