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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 III Operation License
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The bid as described in the preceding paragraph must not be withdrawn or amended.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.