Print Time:2022/01/24 12:46
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Chapter Law Content

Title: Cable Radio and Television Act CH
Category: National Communications Commission(國家通訊傳播委員會)
Chapter IV Penal Provisions
Article 56
All the penal provisions of this Act shall be enacted by the central regulatory agency, except under the following circumstances:
1. Article 62, Subparagraph 5 of Article 66, Subparagraph 7 and Subparagraph 9 of Article 69, Subparagraph 2, Subparagraph 4 and Subparagraph 5 of Article 70, and Subparagraph 2 of Paragraph 1 of Article 72 shall be enacted by the special municipality or county (city) government.
2. Article 63, Subparagraph 6 of Article 66, Article 68 and Subparagraph 3 of Article 69 shall be enacted by the central regulatory agency or municipality or county (city) government.
If the municipality or county (city) government is unable to exercise the authority, the central regulatory agency shall do so in lieu.
Article 57
Anyone who has operated cable radio and/or television business without approval as violating Article 5 shall be fined an amount from NT$ 1,000,000 up to NT$10,000,000 and be commanded to suspend the operations. If the suspension of operations is rejected, the fine may be imposed consecutively and enforcement of dismantling or confiscating the facilities will be conducted accordingly.
System operators who has made changes on the operations plan and expanded the service area without regulatory agency’s approval as violating Paragraph 2 of Article 6 shall be fined an amount from NT$300,000 up to NT$6,000,000 and be commended to make corrections by a prescribed deadline. If no correction is made by the deadline, the fine may be imposed consecutively or the operation permit will be abolished and license will be revoked. Besides, an enforcement of dismantling or confiscating the facilities will be conducted accordingly.
Facilities confiscated according to preceding two Paragraphs shall all be confiscated regardless of the owners.
Article 58
System operators shall be fined an amount from NT$200,000 up to NT$4,000,000 and be commanded to make corrections by a prescribed deadline in the event of one of the following. If the said system operators fail to do so, the fine may be imposed consecutively or their operation permit and license shall be abolished and revoked.
1. Violation of making corrections by a prescribed deadline as stated in Paragraph 1 through Paragraph 4, and Paragraph 8 of Article 9.
2. Violation of the minimum paid-in capital set by the regulatory agency in accordance with Paragraph 6 of Article 9.
3. Violate Paragraph 4 or Paragraph 6 of Article 20
4. Violate Paragraph 1 or Paragraph 2 of Article 23
5. Violate Paragraph 1 of Article 24
6. Violate Paragraph 3 of Article 25
7. Violation of Paragraph 3 of Article 37, where the system operator refuses to follow central regulatory agency’s command to amend the on / off shelf standards.
8. Violate Paragraph 4 of Article 37
9. Violate Paragraph 1 of Article 44
10. Violate Paragraph 1 of Article 45
11. Violate Paragraph 1 or Paragraph 2 of Article 46
System operators violating Paragraph 1 through Paragraph 3 of Article 10 shall be fined an amount from NT$200,000 up to NT$2,000,000 and be commanded to make corrections by a prescribed deadline. If no correction is made by the deadline, the fine may be imposed consecutively or the operation permit will be abolished and license will be revoked.
Article 59
System operators violating Paragraph 5 of Article 20 shall be fined an amount of NT$ 200,000 up to NT$4,000,000 and be commended to make corrections by a prescribed deadline. If no correction is made by the deadline, the fine may be imposed consecutively or the operation permit will be abolished and license will be revoked.
System operators violating Paragraph 8 of Article 20 shall be fined an amount from NT$200,000 up t NT$o 4,000,000 and be commanded to make corrections by a prescribed deadline. If no correction is made by the deadline, the fine may be imposed consecutively or the approval of the changes of the operations plan shall be abolished.
Article 60
Founders who have obtained the establishment permit and launched the operations before obtaining the operating license shall be fined an amount from NT$200,000 up to NT$4,000,000 and be commanded to make corrections by a prescribed deadline. If no correction is made by the deadline, the fine may be imposed consecutively or the establishment approval and permit will be abolished and revoked.
Article 61
System operators shall be fined an amount from NT$200,000 up to NT$4,000,000 and be commanded to make corrections by a prescribed deadline in the event of one of the following. If no correction is made by the deadline, the fine may be imposed consecutively:
1.Violation of Paragraph 1 or Paragraph 4 of Article 33;
2.Violation of the central regulatory agency’s designation as stated in Paragraph 3 of Article 33.
3.Violation of Article 34.
Article 62
System operators shall be fined an amount from NT$200,000 up to NT$4,000,000 in the event of one of the following:
1. Violation of the use of inserted characters as stated in Paragraph 1 of Article 39
2. Violation of the specific use principles, methods, scope of public service of information and other regulatory matters
Article 63
System operators who fail to make corrections by a prescribed deadline or take other necessary measures as commended by the regulatory agency according to Article 53 shall be fined an amount from NT$60,000 up to NT$3,000,000 and be commanded to make corrections by a prescribed deadline. If no correction is made by the deadline, the fine may be imposed consecutively or the operation permit will be abolished and license will be revoked.
Article 64
System operators shall be fined an amount from NT$100,000 up to NT$2,000,000 and be commanded to make corrections by a prescribed deadline in the event of one of the following. If no correction is made by the deadline, the fine may be imposed consecutively or the operation permit will be abolished and license will be revoked. :
1. Violation of Paragraph 1 or Paragraph 2 of Article 8
2. Violation of central regulatory agency’s command of making corrections as stated in Paragraph 2 of Article 30.
3. Violate Paragraph 1 or Paragraph 2 of Article 37.
4. The number of broadcast shopping channel exceeds the limit set by the central regulatory agency in accordance with Paragraph 2 of Article 38.
5. Violate Paragraph 2 of Article 48
Article 65
Founds shall be fined an amount from NT$100,000 up to NT$ 2,000,000 and be commanded to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively if no correction is made on time:
1. Violation of Paragraph 4 of Article 14
2. Violation of Article 17
Article 66
System operators shall be fined an amount from NT$100,000 up to NT$2,000,000 and be commanded to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively if no correction is made on time:
1. Violation of Paragraph 3 of Article 11
2. Violation of Paragraph 2 of Article 21
3. Violation of Paragraph 3 of Article 24, without making a report or the reported content is untrue.
4. Violation of Paragraph 1 of Article 29
5. Violation of Article 35
6. Violation of command made by the regulatory agency in accordance with Paragraph 1 or Paragraph 2 of Article 40
7. Violation of Paragraph 1 of Article 41, fail to provide free public channel
8. Violation of Paragraph 2 of Article 41
9. Violation of Paragraph 1 of Article 42
10. Violation of Paragraph 3 of Article 44
Article 67
Anyone who operates the cable television program broadcast system upon receipt of the registration certificate issued by the central regulatory agency before the implementation of the amendment of this Act on the 18th of December 2015 and violates Paragraph 1 of Article 73 shall be fined an amount from NT$100,000 up to NT$2,000,000 and be commanded to make corrections by a prescribed deadline. The fine may be imposed consecutively if no correction is made on time.
Article 68
Founders or system operators who evade, disturb or refuse examination or command conducted by the central regulatory agency in accordance with Paragraph 2 of Article 74 shall be fined an amount from NT$100,000 up to NT$2,000,000 and be commanded to make corrections by a prescribed deadline. The fine may be imposed consecutively if no correction is made on time.
Article 69
Founders or system operators shall be fined an amount from NT$60,000 up to NT$1,200,000 and be commanded to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively if no correction is made on time:
1. Violation of Paragraph 1 of Article 18
2. Violation of Article 27
3. Violation of Paragraph 1 of Article 28
4. Violation of Paragraph 7 of Article 31
5. Violation of Paragraph 1 of Article 32
6. Violations of the planning and use of public channels stated in Paragraph 1 of Article 41.
7. Violation of Paragraph 1, Paragraph 2, Paragraph 5 or Paragraph 8 of Article 50.
8. Failure to follow regulatory agency’s command to change its service terms as violating provisions of Paragraph 6 of Article 50.
9. Failure to remove the cable by a prescribed deadline as violating provisions of Paragraph 52.
Article 70
System operators shall be fined an amount from NT$60,000 up to NT$1,200,000 and be commanded to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively if no correction is made on time:
1. Violation of system examination, technical standards, system maintenance and other regulatory matters stated in Paragraph 9 of Article 20.
2. Violation of Article 43
3. Violation of Article 49
4. Violation of Paragraph 1 of Article 51, where the visual and radio services are suspended without summon.
Article 71
Anyone who provides the use or sells terminal equipments without approved qualifications as violating provisions of Paragraph 1 of Article 22 shall be warned or fined an amount from NT$30,000 up to NT$600,000 and be commanded to make corrections by a prescribed deadline. The fines may be imposed consecutively and the equipments may be confiscated if the system operator fails to make corrections on time.
Abovementioned equipments shall be confiscated regardless of the owner.
Article 72
System operators shall be fined an amount from NT$30,000 up to NT$600,000 NT$ and be commanded to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively if no correction is made on time:
1. Violation of Article 26
2. Violation of Paragraph 7 of Article 50
If the radiation leakage stated in Subparagraph 1 of preceding Paragraph may affect the flight safety and important telecommunication system, the regulatory agency may command the system operator to suspend the transmission until correction is made.
Web site:Laws & Regulations Database of The Republic of China