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Rules

Issue Date:2010/12/29

Directions for Station Establishment Application of Satellite Broadcasting Businesses and Foreign Satellite Broadcasting Businesses中文

Directions for Station Establishment Application of Satellite Broadcasting Businesses and Foreign Satellite Broadcasting Businesses

Promulgation Order Tong Chuan Ying Zi No. 09941039310 on June 23rd,2010

  1. The directions are enacted by National communications Commission (hereinafter to be referred as "NCC”) to operate the establishment on satellite broadcasting businesses and foreign satellite broadcasting businesses.
  2. To expand public participation and absorb diverse perspectives from the society, NCC may establish the review committee for satellite broadcasting businesses and foreign satellite broadcasting businesses (hereinafter to be referred as “review committee”) . The committee shall comprise 13 to 15 members with one-year tenure. The commissions shall include the following persons:

(1)8 to 9 academics and experts

(2)3 to 4 representatives from civic groups.

(3)2 representatives of NCC (excluding the convener)

  1. The review committee shall have a convener to convene and chair the meeting. The convener shall be appointed by the Chairperson and not participate in passing resolution.
  2. Two-thirds of the review committee members must be present to conduct a meeting, and the concurrence of more than half of those present is required to pass a resolution.
  3. A member shall remove himself from the case, if any of the following conditions exists:

(1)If he or she, his/her spouse, ex-spouse, or un-married partner is a director, supervisor, or managerial officer of the applying operator; or

(2)If he or she is related by blood within the fifth level of relationship to the director, supervisor, or managerial officer of the applying operator, or is related by marriage within the third level, or formerly had any of these relationship; or

(3)If he or she is related by blood within the third level of relationship and currently employed by the applying operator; or

(4)If he or she is or used to be positioned in the past three years as the advisor of the applying operator.

  1. The applying operators in pending review may apply for members of the review committee to remove themselves from the case, if they believe that these members may be prejudiced or unqualified. Ruling on the application shall be made by the chairperson.
  2. The review committee shall conduct examination after the receipt of application. Should the application for station establishment or operating plan be found by the regulatory agency during its review to be incomplete, the applicant shall be notified to complete the application or plan within a prescribed period of time. Those who fail to meet the prescribed deadline shall have their applications rejected. The committee shall conduct initial evaluation pursuant to the information given and assessment for the evaluation suggestion prior to the review.

In accordance with the review, the members or committee may conduct an investigation in the applying station or an interview.

  1. The applying businesses shall file an application for station establishment and supporting documents to the committee pursuant to the items listed in the left side in Annex 1 and 2 (in 20 copies.)

(1) Refer to Annex 1 for the review form for the establishment application and the required documents of satellite broadcasting services suppliers (both national and foreign.)

(2) Refer to Annex 2 for the establishment application and the required documents of direct satellite broadcasting services operators (both national and foreign.)

  1. The committee shall conduct the review on application and operation plans and mark the rating in Annex 13 and 14:

(1)Refer to Annex 13 for the review form for the establishment application of satellite broadcasting services suppliers (both national and foreign.)

(2)Refer to Annex 14 for the review form for the establishment application of direct satellite broadcasting services operators (both national and foreign.)

  1. The concurrence of more than half of those present members is required to rate the applicant.  The review results are categorized into following two levels pursuant to the rating:

Permitted:Rate over 60%

Prohibited:Rate below 60%