Enforcement Rules for the Satellite Broadcasting Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=P0050014

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Article 1


These Enforcement Rules are established in accordance with Article 67 of the Satellite Broadcasting Act (hereinafter referred to as “the Act”).


Article 2


The term “satellite broadcasting program supplier” in the Act refers to shopping channels and those other than shopping channels.
The term “foreign satellite broadcasting business” in the Act refers to foreign direct satellite broadcasting service operators and foreign satellite broadcasting program suppliers.


Article 3


The term “political party worker” in the Act refers to the following persons:
1. An individual holding a position specified in the charter or organizational framework of a political party, but not those holding consultative positions;
2. A supervisor or vice supervisor of a section specified under the charter or organizational framework of a political party and of the branches in special municipalities, counties and cities.
The term “political appointee” in the Act refers to the following personnel as per Article 2 of the Political Appointee Termination and Survivor Relief Act:
1. An individual who is appointed, specially appointed, or specially commissioned by the President in accordance with the Constitution;
2. An individual who is nominated by the President in accordance with the Constitution and appointed with the consent of the Legislative Yuan;
3. An individual who is appointed by the President upon the recommendation of the Premier in accordance with the Constitution;
4. Other persons who hold positions higher than 12th grade of Selected Appointment Rank in central or local government in accordance with the law.
The term “elected public official” in the Act refers to the following persons:
1. President and vice president;
2. Legislators;
3. Chiefs of local governments of special municipalities, counties (cities), rural townships (urban townships and cities) and mountain indigenous districts of special municipalities;
4. Councilmen of special municipalities, counties and cities.


Article 4


In accordance with Paragraph 2 of Article 17 and Paragraph 2 of Article 43 of the Act, where the regulatory agency notifies a business to rectify a situation within a specified period of time, the notification shall be in writing and shall specify:
1. Items to be rectified;
2. Specified period of time for rectification;
3. Requirement for evidence to prove the rectification; and
4. Penalties to be imposed should the rectification not be completed within the specified period of time.


Article 5


In accordance with Paragraph 1 of Article 15 of the Act, to apply for changes to operations, the applicant shall state reasons and submit the following documents:
1. Table of changes and explanation of the amended contents; and
2. Other documents specified by the regulatory agency.
If the aforementioned documents are incomplete, the regulatory agency shall notify the applicant to supplement incomplete sections within a specified period of time. In the event that the applicant fails to do so within the specified period of time, or, if the supplemented sections are still incomplete, the regulatory agency shall reject the application.


Article 6


A direct satellite broadcasting service operator or the branch office of a foreign direct satellite broadcasting service operator that intends to suspend or terminate operations in accordance with Paragraph 1 of Article 21 of the Act shall submit a report to the regulatory agency for its reference; it shall be submitted in writing and shall include the following documents:
1. Reasons for suspension or termination of operations;
2. Duration of suspension;
3. Plan for the notification of subscribers of suspension or termination and plan for the protection of subscribers’ rights and benefits;
4. Plan for the public announcement of suspension or termination;
5. Other documents required by the regulatory agency.
A satellite broadcasting program supplier or the branch office or agent of a foreign satellite broadcasting program supplier that intends to suspend or terminate operations in accordance with Paragraph 1 of Article 21 of the Act shall submit a report to the regulatory agency for its reference; it shall be submitted in writing and shall include the following documents:
1. Reasons for suspension or termination of operations;
2. Duration of suspension;
3. Plan for the notification of subscribers of suspension or termination and plan for the protection of subscribers’ rights and benefits;
4. Other documents required by the regulatory agency.
The notice of Paragraph 1 of Article 21 of the Act shall be made through exclusive channels or the relevant program broadcasts of a satellite broadcasting business or a foreign satellite broadcasting business, or in written form.


Article 7


The regular report, as set forth in Paragraph 1 of Article 22 of the Act, shall be submitted to the regulatory agency each April and October.


Article 8


The satellite broadcasting business and the branch office or agent of the foreign satellite broadcasting business, as set forth in Article 23 of the Act, refer to the satellite broadcasting program supplier and the branch office or agent of the foreign satellite broadcasting program supplier.


Article 9


Where a satellite broadcasting business or the branch office or agent of a foreign satellite broadcasting business violates subparagraph 4, Paragraph 3, Article 27 of the Act, the regulatory agency may notify the said business to submit an investigation report made by the self-regulatory mechanism according to Paragraph 4 of the same Article. The said report shall be deliberated by the regulatory agency.


Article 10


The term “persons planning to participate in campaign”, as set forth in the preceding two subparagraphs of Paragraph 1 of Article 31 of the Act, refer to persons in any one of the following circumstances:
1. Those candidates who have been announced publically by the election regulatory agency.
2. Those who have registered as a candidate with the election regulatory agency.
3. Those who have been nominated as a candidate by a political party.
Where a satellite broadcasting business or foreign satellite broadcasting business has concerns regarding the qualifications of the person planning to participate in campaign, the regulatory agency shall send a written request to the election regulatory agency or the involved political party for confirming the qualification of the said person.


Article 11


The length of time for advertisements, as set forth in Paragraph 1 of Article 33 and Paragraph 1 of Article 36 of the Act, does not include the advance notice of the programs broadcasted on family channels.
The family channel as described in the preceding paragraph refers to channels operated by the same satellite broadcasting business or branch office or agent of a foreign satellite broadcasting business.
The word “advertisement”, as set forth in Paragraph 2 of Article 36 of the Act, shall be identifiable and shall be inserted on the screen during the entire transmission of the said advertisement.
The “right timing”, as set forth in Paragraph 3 of Article 36 of the Act, refers to any one of the following conditions:
1. While broadcasting a sporting event, integrity and periods of the activity shall be taken into consideration. Advertisements shall be broadcasted only during the time out, breaks, or intermission, players’ substitutions, or whenever the timing is appropriate.
2. While broadcasting a cultural/artistic activity, integrity and periods of the activity shall be taken into consideration. Advertisements shall be broadcasted only during the breaks or intermissions, performers’ changing, or whenever the timing is appropriate.


Article 12


When a party involved requests a commensurate opportunity to respond to the commentary of a satellite broadcasting program according to Article 40 of the Act, the request shall be made within three months after the program is broadcasted.


Article 13


The regular report, as set forth in Paragraph 1 of Article 43 of the Act, shall be filed to the regulatory agency each April, July and October.
The items designated by the regulatory agency, as set forth in Paragraph 1 of Article 43 of the Act, refer to:
1. Operation overview: fee standards, broadcasting platforms, handling of complaints, authorization of copyright, etc.
2. Finance overview: regular financial reports, changes of fixed assets and employees, etc.
3. Other items designated by the regulatory agency.


Article 14


These Enforcement Rules shall take effect from the date of promulgation.