Administrative Regulations on the Establishment of Radio and TV Broadcast Station

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0060017

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Chapter 1 General Provisions

Article 1

These Regulations are promulgated pursuant to Paragraph 3, Article 46 of the Telecommunications Act (hereinafter referred to as this “Act”).

Article 2

The terms of these Regulations are defined as follows:
1. Field Strength: means radio wave strength with a unit of uV/m or dBuV/m tested by Standard Half-wave dipole Antenna at a height of 2m beyond the induction filed of antenna (a distance from one wavelength of antenna at least).
2. Ground Wave: Propagation of radio wave can be briefly classified as directed wave, reflected wave, refracted wave, diffracted wave, surface wave and scattered wave, where radio wave propagating along the surface of the earth is called Surface Wave and referred to as Ground Wave. Radio wave propagating from the reflection of the ionosphere is called Sky Wave. Directed Wave, Surface Reflected Wave and Ground Wave are jointly called On-ground Wave.
3. Relay Station: means station that doesn’t have the equipment to produce a program and uses a repeatered system to receive programs from main station as well as broadcasts them.
4. Shared Metal Tower: a tower of metal construction on which radio transmission antennas of two or more radio and/or television stations are installed.

Article 3

Radio and TV Broadcast Station (hereinafter referred to as station) broadcasts audio, video and information with radio wave on the ground to provide the public listening in and watching. Reviews of engineering technique for the establishment of station, management of engineering personnel, engineering evaluation, equipment of station, the engineering technical regulations and equipment maintenance as well as supervision of radio wave for frequency, call sign and electric power used by station shall be stipulated by these regulations.

Article 4

The competent authority of this rule is National Communications Commission.

Chapter 2 The Establishment of Station

Article 5

For the establishment of a radio station, as required by Radio and Television Act, a request shall be submitted to the competent authority for permits of establishment. The applicant shall prepare and provide the following documents within 6 months while the establishment permit remains valid, and the establishment shall not commence until the competent authority has reviewed and approved the request for establishment of the said radio station:
1. Completed request form for radio station establishment permit;
2. Instruction documents of radio station equipments, which shall specify the manufacturer of equipment, model, original catalogue(s) of equipment issued by the manufacturer, system diagram(s), and, in case of radio equipments, electrical power, radio station frequency and method of transmission; in addition, data regarding antenna gain, coordinate of establishment site, antenna pattern diagram(s) and other necessary materials shall be provided;
3. A detailed map showing estimated radio wave coverage;
4. Interference evaluation chart;
5. Curriculum vitae of engineering supervisor; and
6. A certification document provided by a certified architect, or a civil or structural engineer related to structural integrity and safety, that justifies the integrity and safety of structure on which the antenna tower is mounted, in case that an antenna tower is located on the roof of a building/structure.
The period of review mentioned above is 6 months, during which the competent authority may request a field test performed by the applicant based on the conditions of review.
The establishment of an antenna tower of a radio station and the location of such a tower shall not violate the broadcasting service zone that has been announced or appointed by the competent authority.
For the establishment of metal towers that are shared by three or more radio and/or television stations and on which directional antennas are installed, such towers may be located within 3km outside of broadcasting service zone limits and free from the limitation mentioned in the previous paragraph, provided that such a tower has been evaluated by the competent authority as no consideration of interference and the location is within a reasonable distance away from the intended broadcasting service zone.
For Class B and C frequency modulation (FM) radio stations, a broadcasting station of the same frequency may be established in the broadcasting service zone appointed by the competent authority, provided that such a station or its establishment does not generate interference to other existing legally established radio stations and a proper request is made as per Paragraph 1.

Article 6

The height of antenna tower established on a station shall not violate the standard of flight safety and airport, flight field and around auxiliary flight equipment, and shall not violate the related regulations or procedures of defining, announcing and regulating restricted areas of coast, mountains and important military facilities as well as forbidden and restricted areas for construction.
Marker and obstacle lamps on antenna tower shall conform to the regulations of barrier sign for flight and the establishment for obstacle lights.

Article 7

The term of validity for a permit to establish TV station shall be 2 years, and that for a permit to establish broadcasting station shall be 1 year. If necessary, applicants shall apply postponement to the MOTC with written reasons and attaching the original permit for establishment 30 days prior to the expiration. The term of postponement shall be 1 year, and the above application can only be made once.
The permit to establish station mentioned above shall specify the items as follows:
1. Name of Station
2. Location of Establishment
3. Brand, Model Number and Quantity of Transmitter and Quantity of Power Amplifier
4. Range of Station Frequency
5. Bandwidth of Station
6. Electric power
7. Call Sign of Station
8. The manufacturer, model and number of antenna(s).

Article 8

Applicants who acquire a permit to establish a station shall conduct a test of the range covered by radio wave and interference estimation to the system operation inside of station while the establishment of transmitter is completed. After completed, they shall apply to the competent authority for inspections. Those who are inspected to be qualified shall provide the original permit to establish station to apply to the competent authority for a license of station. The license shall be issued with approval of the competent authority.
The term to handle a review in the proceeding paragraph shall be 3 months.
During a test in the first paragraph , only a test tone and inspection diagram for transmission test shall be used to measure radiated electric field intensity as well as estimate the range covered by radio wave and interference , and shall not apply for other use. However, both existing radio stations and relay stations may be allowed to use its programs for transmission test.
Applicants who acquire a license of station shall start to apply to the competent authority for issuing a broadcasting or TV license.
For the inspection of station, applicants shall attach the following documents:
1. Transmitter, which is imported from abroad, shall attach an import certificate of the origin (A certificate shall at least include Brand, Model Number, Serial Number, and Date of Delivery.)
2. A Record Table of Self-inspection for Transmitter.
3. An Estimation Table of Frequency usage fee Or estimation table for number of population in service zone.
4. An Estimation Table of Electric Field Intensity for the Octave Direction and Interference for Broadcasting Station
5. Diagrams Radio Wave Coverage
6. Photo copies of miscellaneous license that should be applied for and granted to an antenna tower pursuant to related architecture regulations.

Article 9

Test and trial broadcasting of a station shall not interfere with the broadcasting of other stations.

Article 10

The validity for a license of station shall be 3 years. Operations of a station who wish to continue operation after expiration shall inspect parts by themselves within 30 days prior to expiration, and fill in An Estimation Table of Self-inspection for Transmitter to apply to the DGT for transfer to the competent authority for approval license renewal.
A license of station shall specify the items as follows:
1. Name of their station
2. Organization or corporate body owning the station
3. Engineering supervisor
4. Verified electric power
5. Frequency of the Station
6. Bandwidth of the Station
7. Call Sign of the Station
8. Location of the establishment
9. Model number of brand, quantity, parts number and electric power of main and spare transmitter as well as the quantity of power amplifier
10. Location of main control room or broadcasting room
11. Manufacturer, model, number and power gain of antenna(s).

Article 11

In case of the establishment of substation and relay stations, Article 5 to Article 10 shall apply.

Article 12

In cases of relocation of an existing radio station for transmission, change of frequency, power, antenna, transmission equipment, and adding transmission equipment , a request of permit shall be made to the competent authority for the establishment, and a new radio station license will be issued once the review is approved.
For requests of establishment permit mentioned above, the required documents as specified in paragraph 1 of Article 5 shall be provided. However, adding or changing transmission equipment, the documents specified in the subparagraph 3 through 6, paragraph 1 of Article 5 may be omitted. For changes of frequency, power, and antenna, the documents specified in subparagraphs 5 and 6, paragraph 1 of Article 5 may be omitted.
In cases of establishment of a radio station with an expired establishment permit for which an extension has been made, a new permit shall be requested for the establishment with all corresponding documents of proof ready and submitted to the competent authority as per the previous two paragraphs.
In cases of requests for review in paragraph 1, the documents specified in subparagraph 2 through 6, paragraph 5 of Article 8 shall be provided, and the procedure set forth in paragraph 1, Article 8 shall apply. However, in cases of adding or changing transmission equipment, only the documents specified in the subparagraph 1 and 2, paragraph 5 of Article 8 shall be attached. For changes of frequency, power, or antenna that do not involve change of tower in any way, the documents specified in subparagraphs 6, paragraph 5 of Article 8 may be omitted.

Article 13

Those who lost permits to establish station or a licenses of station, or whose permits or licenses are damaged to be used should post invalidity in the newspaper, and file to the competent authority for transfer to the MOTC for reissuance of permits or licenses.

Article 14

For changes of information in a radio station establishment permit or radio station license that are not specified in Article 12, corresponding document(s) of proof shall be provided to the competent authority for approval of reissue.

Article 15

Permits or licenses reissued or renewed pursuant to the proceeding 2 articles shall have the same term of validation as that for the original ones

Chapter 3 Management of Engineering Personnel

Article 16

Engineering Personnel of station can be classified into engineering supervisor, engineer and technician.

Article 17

A station shall have one qualified engineering supervisor in charge of all engineering technique and maintenance of equipment, and engineering personnel as required to assist the establishment of station and equipment maintenance.

Article 18

Engineering supervisor of station shall be qualified for one of the following:
1. Those who have passed an national examination or special examinations equivalent to national examination in the subjects of electric, electronic, information, telecommunication, power, control or other related subjects and who have worked in electric, electronic, information, telecommunication or television broadcasting related technical areas in government, military or public or private entities for more than four years. Notwithstanding the above, for those who have passed in higher national examinations or special examinations equivalent to higher national examination in subjects of electric, electronic, information, telecommunication, power, control or other related subjects, only over two-year working experiences in related areas are required.
2. Those who have a graduate qualification from a domestic public or certified college or higher institution; or foreign colleges or higher institutions certified under the "The Ministry of Education's Guidelines for Certifying Foreign Educational Qualifications" majoring in electric, electronic, information, telecommunication, power, control or other related subjects, and have worked in electric, electronic, information, telecommunication or television broadcasting related technical areas in government, military, school or public or private entities for over three years.
3. Those who have a graduate qualification from a domestic public or certified senior vocational school; or foreign senior vocational schools certified under the "The Ministry of Education's Guidelines for Certifying Foreign Educational Qualifications" majoring in electric, electronic, information, telecommunication, power, control or other related subjects, and have worked in electric, electronic, information, telecommunication or television broadcasting related technical areas in government, military, school or public or private entities for more than six years.
4. Those who have obtained audio-visual electronic or meter electronics technician license Grade B or above, and have worked in broadcasting or television fields with technical related responsibilities for more than two years; or those who have obtained electronics technician license Grade C or above, and have worked in broadcasting or television fields with technical related responsibilities over four years.
5. Those who have studied for at least eight points or one-hundred and forty four hours for broadcasting or television technology classes at public or private colleges or universities engaging in education promotion or public cooperative education, and have worked in broadcasting or television fields with technical related responsibilities for more than four years; or who have at least three months of training in broadcasting or television technical engineering in vocation training agencies approved or registered by government authorities, and have at least four-year experiences in broadcasting or television related technical positions.
6. Those who have been as full-time engineers for over 3 years in broadcasting stations, or for over 2 years in TV station.
The above-mentioned working experiences in electric, electronic, information, telecommunication or TV broadcasting related technical areas in government, military, school or public or private organizations stated in the proceeding paragraph may be accumulated.

Article 19

When applying for a permit to establishment, each station shall provide curriculum vitae of its engineering supervisor, jointly with title and detailed working place, to apply to the competent authority for verification. The same shall apply when change occurs.

Chapter 4 Main Equipment and Maintenance of Engineering Technical Regulations

Article 20

Engineering equipment of a station shall conform to the technical regulations of engineering equipment for radio broadcasting TV station stipulated by the competent authority.

Article 21

Transmitting equipment of a station shall include the following:
1. Transmitter (with a function of backup)
2. Antenna system
3. Equipment to supply power
4. Other auxiliary equipment

Article 22

Person in charge of stations shall maintain the equipment of the station as often and supervise the equipment by himself/herself, so as to conform to related regulations.
For those who violate the proceeding regulations, the competent authority may notify them improvement within a deadline.

Article 23

A station shall provide Engineering Logbook and record the following items, which should be signed or stamped by engineering supervisors after their review:
1. Name and Time of working staffs on duty
2. Time to activate and shut transmission parts as well as program starting and termination time
3. Parts maintenance and service
4. Failure or dead air and repair or time to re-broadcast
5. Power failure of district electricity and time to restore
6. Other items related to engineering technique
The term to reserve an engineering logbook mentioned in the above paragraph shall be 1 year. Each station shall establish an engineering logbook of its own format.

Article 24

The competent authority may dispatch its staff to check parts equipment of a station with evidentiary documents, and the station shall not refuse such check.
In order to maintain radio order, safeguard consumer’s rights and promote the level of engineering technique for radio broadcasting, the competent authority may carry out on itself or trust private groups to conduct engineering evaluation of station.
The items of engineering evaluation shall include engineering facilities, transmission quality, supervision services and comprehensive grade. A station and its substations that receives licenses of broadcasting TV issued by the competent authority shall be listed as the evaluated objects.
When carrying out engineering evaluation, organizations or groups that conduct a review shall request the reviewed stations to submit necessary documents, and the reviewed stations shall not refuse such request.

Chapter 5 Frequency, Call Sign, Electric Power and Supervision of Other Radio Wave

Article 25

Frequency used by stations shall be planned and allocated by the competent authority jointly with the competent authority.
Frequency, electric power and transmitting manners used by stations shall be wholly managed by the competent authority, and shall not be used or changed without approval.
For the overall development of Telecommunications and information, the competent authority may adjust or request for equipment replacement. Station and users shall not refuse or request for compensation.
TV station using time of vertical blanking interval (VBI) to broadcast TV information shall apply to the competent authority first for reference.
FM broadcasting station transmitting the sub-carrier message and DVB station transmitting data and TV station using time of VBI to broadcast TV information shall provide and attach an application to apply to the competent authority for transfer to the competent authority. After licenses of station are renewed with the approval by the MOTC, the above stations may start to operate.
Those who use FM broadcasting station to transmit the message of sub-carrier and DVB station transmitting data and TV station using time of VBI to broadcast TV information must conform to the provisions as follows:
1. The above uses are for the public’s direct receipt and are not involved in collecting any fee from the public.
2. The broadcasting message shall not cause an obvious degradation of original programs or an interference with the established broadcasting, TV and communication station.
3. Messages that are involved in programs or advertisements shall conform to the provisions of Broadcasting TV Laws.
Stations that violate the proceeding regulations or related regulations shall be stopped broadcasting the sub-carrier message transmitted from FM broadcasting station, the data transmitted by DVB station and the VBI used by TV station , by the competent authority without any compensation.

Article 26

Output electric power and transmitting field strength of transmitter for each type of station are stipulated as follows:
1. AM Broadcasting station:
(1) Output power of transmitter for Type A AM Broadcasting station shall be below 1000 W. field strength of ground wave beyond a radius of 40km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m . If isotropic curve for field strength of transmission isn’t a regular circle, the widest radial length of field strength mentioned above shall not exceed 80km.
(2) Output power of transmitter for Type B AM Broadcasting station shall be below 5000 W. field strength of ground wave beyond a radius of 60km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m. If isotropic curve for field strength of transmission isn’t a regular circle , the widest radial length of field strength mentioned above shall not exceed 120km.
(3) Output power of transmitter for Type C AM Broadcasting station shall exceed 5000 W. field strength of ground wave beyond a radius of 100km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m . If isotropic curve for field strength of transmission isn’t a regular circle, the widest radial length of field strength mentioned above shall not exceed 200km.
(4) Output electric power of transmitter and field strength of transmission for other type and overseas AM broadcasting station shall be stipulated by the competent authority depending on practical situations.
2. FM Broadcasting station:
(1) Output power of transmitter for Type A FM Broadcasting station in Yilan ,Hualien, Taitung(hereinafter referred to as Eastern) and regions off Taiwan shall be below 1500 W, and the rest of regions shall be below 750W. Field strength of ground wave for Eastern and regions off Taiwan beyond a radius of 15km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m. If isotropic curve for field strength of transmission isn’t a regular circle , the widest radial length of field strength mentioned above shall not exceed 30km; field strength of ground wave for the rest of areas beyond a radius of 10km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m. If isotropic curve for electric field intensity of transmission isn’t a regular circle, the widest radial length of field strength mentioned above shall not exceed 20km.
(2) Output power of transmitter for Type B FM Broadcasting station shall be below 3000 W. Field strength of ground wave for Eastern and regions off Taiwan beyond a radius of 30km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m. If isotropic curve for field strength of transmission isn’t a regular circle , the widest radial length of field strength mentioned above shall not exceed 60km; field strength of ground wave beyond a radius of 20km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m. If isotropic curve for field strength of transmission isn’t a regular circle, the widest radial length of field strength mentioned above shall not exceed 40km.
(3) Output electric power of transmitter for Type C FM broadcasting station shall be below 30kW. Field strength of ground wave beyond a radius of 60km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m. If isotropic curve for field strength of transmission isn’t a regular circle , the widest radial length of electric field intensity mentioned above shall not exceed 120km.
(4) Output electric power of transmitter and electric field intensity of transmission for other types of FM broadcasting station shall be stipulated by the competent authority depending on the practical situations.
3. TV Station:
(1) Output power of transmitter for all-area Radio TV Station shall be below 30kW. Transmitting antenna using TV channels from 82 to 88MHz and that using FM channel at 98.5MHz shall be at a distance of 36km at least.
(2) Output power of transmitter for local radio TV station shall be below 3000W. Field strength of ground wave beyond a radius of 20km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m.
(3) Output power of transmitter for radio TV station that improves poor quality of reception shall be below 200W. Field strength of ground wave beyond a radius of 5km from transmitting antenna shall not be greater than 500 uV/m or 54 dBuV/m.
(4) Output power of transmitter and electric field intensity of transmission for other types of radio TV station shall be stipulated by the competent authority depending on the practical situations.
4. Output electric power of transmitter and field strength for entire area digital radio broadcasting station(DVB)shall be less than 10 KW and Output power of transmitter and transmitting field strength for digital radio broadcasting station (DVB)shall be less than 5 KW.
The field strength transmitted by station in the proceeding paragraph shall depend on the situations stipulated by the competent authority.
To cope with the requirement of competent authority management or interfered by electric wave, under the competent authority’s discretion, the aforementioned station should adjust output power of transmitter and field strength. For interference resulted from adjusted power of transmitter, it should be resolve through negotiation. If failed to solve the interference, it can appeal the competent authority and solve in accordance with the competent authority’s concluded decision.

Article 27

The regulations of interference protection for each type station are as follows:
1. AM Broadcasting station:
(1) Intra-frequency (a frequency span of 0kHz): Field strength for a newly established station shall not exceed 100 dBuV/m within the range covered by a established station with 2000 uV/m or 66 dBuV/m of field strength ; Field strength for a newly established station shall not exceed 2000 uV/m within the range covered by a established station with 100 uV/m or 40 dBuV/m of field strength.
(2) The first adjacent channel (a frequency span of 9kHz): Field strength for a newly established station shall not exceed 500 uV/m within the range covered by an established station with 500 uV/m or 54 dBuV/m of field strength.
(3) The second adjacent channel (a frequency span of 18kHz): Field strength for a newly established station shall not exceed 2000uV/m within the range covered by a established station with 25000 uV/m or 88 dBuV/m of field strength ; Field strength for a newly established station shall not exceed 25000 uV/m within the range covered by a established station with 2000 uV/m or 66 dBuV/m of field strength.
(4) The third adjacent channel (a frequency span of 27kHz): Field strength for a newly established station shall not exceed 25000 uV/m within the range covered by a established station with 25000 uV/m or 88 dBuV/m of field strength. However, in cases that a new (or relocated) radio station presents a concern of interference due to specific need of location, and the interference persists to fail the requirements specified in this subparagraph even after all necessary engineering improvement has been made, the applicant of such a station may reach an agreement with the operator(s) of existing radio station(s), provided such an agreement is approved by the competent authority.
2. FM Broadcasting station:
(1) Intra-frequency (a frequency span of 0 kHz): Field strength for a newly established station shall not exceed 40 dBuV/m within the range covered by a established station with 60 dBuV/m of field strength.
(2) The first adjacent channel (a frequency span of 200kHz): Field strength for a newly established station shall not exceed 54 dBuV/m within the range covered by a established station with 60 dBuV/m of field strength.
(3) The second adjacent channel (a frequency span of 400kHz): Field strength for newly established station shall not exceed 80 dBuV/m within the range covered by established station with 60 dBuV/m of field strength.
(4) The third adjacent channel (a frequency span of 600 kHz): Field strength for a newly established station shall not exceed 100 dBuV/m within the range covered by a established station with 60 dBuV/m of field strength. However, in cases that a new (or relocated) radio station presents a concern of interference due to specific need of location, and the interference persists to fail the requirements specified in this subparagraph even after all necessary engineering improvement has been made, the applicant of such a station may reach an agreement with the operator(s) of existing radio station(s), provided such an agreement is approved by the competent authority.
3.Digital Radio Station: At the boundary of service range for local broadcasting network as approved by supervising authority, the intensity of electric field shall not be greater than 32dB (MV/m). However, at the boundary, this requirement does not apply to the service providers of neighboring service zones that agree on no interference to one another.
The requirements set forth in subparagraph 3 and 4 of paragraph 2 above does not apply to towers that are shared by radio stations or whose antennas are less than 1km apart and approved by supervising authority as no concern of interference.
If an existing AM station which has been set up for over 15 years is relocated to a new site located less than 15 km from the existing site, the relocated station should coordinate with interfered stations and reaches an agreement, and, the requirement set forth in item 2 and 3, subparagraph 1, paragraph 1 of article 1 does not apply to relocated stations when the agreement is approved by the competent authority.
The interference protection of the radio stations owned by the same radio business shall be approved by the competent authority.

Article 28

The installation of a transmitter for station should avoid affecting the functions of other existing telecommunications equipment, and should avoid obstructing or interfering with legal communication.

Article 29

The AM percentage, FM percentage, tolerable difference of frequency, and mixed transmission for station shall conform to related telecommunications regulations and various technical regulations of engineering equipment of Radio and TV Broadcast Station.

Article 30

When stations stop operating business, they shall declare to the competent authority, and at the same time report to the MOTC to hand in license of stations for cancellation. Except transferring transmitter to others, they shall file to the DGT to send personnel for safekeeping or destroying by melting or burning under supervision.
If a station transfers its transmitter mentioned in the proceeding paragraph to others, it shall first apply to the DGT for approval.

Article 31

Stations that don’t get or renew licenses of station or whose licenses are cancelled or abolished shall not broadcast.
When a broadcasting license of station or a TV license is cancelled or abolished by the competent authority or doesn’t allowed for renewal, the MOTC may cancel or abolish the license and rights to use frequency, and transmitters at the station shall file to the DGT to send personnel for safekeeping or destroying by melting or burning under supervision.

Article 32

In order to promote research and development of new technologies for broadcasting and TV, the DGT may draft a plan and apply to the MOTC for approval. After approval, the DGT may conduct or choose appropriate operators to conduct a trial broadcasting.

Article 33

Those who violate these Regulations shall suffer penalty in accordance with the Telecommunications Act.

Chapter 6 Supplementary Provisions

Article 34

Those who apply for establishing station shall pay the fees for inspection, verification, license and radio frequency; stations that change frequency, electric power, location of the establishment or transmitter equipment to conform to government’s policies shall be exempted for the fees mentioned above.

Article 35

For the forms, tables, licenses and certificates specified in this rule, the supervising authority will establish the contents and formats of such documents, unless otherwise noticed.

Article 36

These Regulations shall come into force from the date of promulgation.