CHAPTER III Operation License
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.