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Rules

Issue Date:2010/12/29

Directions for Operation Evaluation on Satellite Broadcasting businesses and Foreign Satellite Broadcasting Businesses中文

Directions for Operation Evaluation on Satellite Broadcasting businesses and Foreign Satellite Broadcasting Businesses

Promulgation Order Tong Chuan Ying Zi No. 09941027370 on May 21st, 2010

  1. The directions are enacted by National communications Commission (hereinafter to be referred as "NCC”) to operate the review 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 operators in pending evaluation may apply for members of the 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.

  1. The 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 conducted by the committee for the initial review. The review 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 Satellite Broadcasting and Foreign Satellite Broadcasting businesses or an interview.

  1. Satellite broadcasting businesses and foreign broadcasting businesses shall file an application for evaluation with supporting documents pursuant to items listed on the right side of Annex 1 and 2 within a month of the completion of 2 years and 4 years from the date of license coming into effect (in 20 copies).

(1)Refer to Annex 1 for the operation evaluation items of the satellite broadcasting services suppliers (both national and foreign)

(2)Refer to Annex 2 for the operation evaluation items of the direct satellite broadcasting services operators (both national and foreign)

  1. The review committee shall conduct an evaluation on the given documents of satellite broadcasting businesses or foreign satellite broadcasting businesses and mark the rating in Annex 3 and 4

(1)Refer to Annex 3 for operation evaluation of the satellite broadcasting services suppliers (both national and foreign)

(2)Refer to Annex 4 for operation evaluation of the 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 three levels:

Good:Rate over 80%

Fair:Rate over 60% but below 80%

Fail:Rate below 60%

  1. Satellite broadcasting businesses and foreign broadcasting businesses rated good twice may file an review application to NCC without the initial review when applying for license renew.