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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 IV-I Public Radio Broadcasting Enterprises
Article 47-1
Public or public welfare radio broadcasting enterprises of a government agency, public body, or government-financed foundation shall be established according to laws and their establishment plan shall be approved or agreed by the Executive Yuan prior to launching operations.
Applications submitted by aforesaid applicant shall be processed according to regulations of this Chapter; Article 2 to 4 shall not be applicable in such case.
Article 47-2
Where a government-financed foundation applies for operating a radio broadcasting enterprise, its establishment fund or minimum total endowment assets shall conform to the amount regulated by the law that its establishment was based on.
Article 47-3
Applicants shall submit the following documents to the regulatory agency when applying for an establishment permit. Those who have obtained establishment approval shall receive the establishment permit from the regulatory agency:
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 equipment, and construction plan.
(8) Other items designated by the regulatory agency.
3. Photocopy of the review fee remittance slip.
4. Other documents designated by the regulatory agency.
Documents stated in Subparagraph 2 of the preceding Paragraph shall be submitted after the review of applicant’s superior or supervisory agency. However, this restriction is not applicable to applicants that are second-level agencies.
Article 47-4
The review fee shall be paid during the application.
Article 47-5
The applicant shall, upon receiving the establishment permit, submit the following documents to the regulatory agency to apply for frequency allocation:
1. A copy of the approved establishment permit.
2. Frequency allocation application form.
Article 47-6
The establishment permit for a community radio broadcasting enterprise shall be valid for two years and three years for a regional radio broadcasting enterprise.
The establishment permit of nationwide radio broadcasting enterprise approved by the regulatory agency shall be valid for six years and the entire establishment schedule shall not exceed nine years. Phased establishment permitted in the case.
A nationwide radio broadcasting enterprise or a regional radio broadcasting enterprise that fails to complete the establishment during the period specified in the preceding two paragraphs shall apply for an extension within one-month period three months prior to the expiry date specifying valid reasons. The extension shall become effective only after the enterprise receives approval from the regulatory agency.
The applied extension shall be approved by the applicant’s superior or supervisory agency. However, this restriction is not applicable to applicants that are second-level agencies.
Article 47-7
Those that have received the radio broadcasting enterprise establishment permit shall, according to Administrative Regulations on the Establishment of Radio and TV Broadcast Station, submit its application of station installation permit to the regulatory agency. Upon completion of the installation, a station license shall be applied for accordingly.
Upon receiving the station license, the enterprise may conduct trial broadcasting to test the operating conditions of the internal and external system connection, sound quality, image and the production, emission transmission, and reception systems. The regulatory agency may request the enterprise to submit a trial broadcasting plan if required. Provisions of Article 21 of the Act may apply, mutatis mutandis, to the trial broadcasting content.
Article 47-8
Those that have received the establishment permit for a regional radio broadcasting enterprise and community radio broadcasting enterprise shall, within six months after receiving all station licenses, apply to the regulatory agency for the issuance of station operating license.
Those that have received the establishment permit for a nationwide radio broadcasting enterprise with a non-phased establishment shall, within six months after receiving all station licenses, submit the application of station operating license.
Those that have received the establishment permit for a nationwide radio broadcasting enterprise with a phased establishment shall, within six months after receiving all station licenses of the first phase, apply for the issuance of station licenses. Upon completing each of the following phases, it shall submit its application of the replacement of station operating license to the regulatory agency.
The station operating license as described in the preceding paragraph shall be valid for nine years, starting from the date of issuing the station operating license upon the completion of first phase.
Article 47-9
Upon application for a station operating license, the enterprise shall submit the following documents:
1. Application.
2. Photocopy of station license.
3. Other documents designated by the regulatory agency that are related to the issuance of station operating license.
Where the applicant is an established foundation and its establishment objectives are irrelevant to the operations of radio broadcasting enterprise, the applicant shall be required to apply for amendments to its establishment objectives and donation charter prior to submitting the application for a station operating license.