Examination Regulations for the License Renewal of Satellite Broadcasting and Foreign Satellite Broadcasting Businesses

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0060101

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Article 1


These Regulations are hereby enacted pursuant to Paragraph 3, Article 18 of the Satellite Broadcasting Act (hereinafter referred to as “the Act”).


Article 2


A branch company or an agent of a satellite broadcasting business or foreign satellite broadcasting business shall, within six months prior to the expiration of its license, submit an application and operations plans for license-renewal to competent authorities, adhering to the following stipulations and methods.


Article 3


A direct satellite broadcasting service operator (hereinafter referred to as “service operator”) that applies for license renewal shall submit the application (Attached Form 1-1), complete with an Operations Plan and Status Report covering the fourth year of the licensed period to six months prior to license expiry, as well as an Operations Plan for the forthcoming six years of operations, and shall state the following matters separately:
1. The Operations Plan and Status Report from the fourth year of the licensed period to six months prior to the license expiry:
(1) Market positioning and status of the channel’s implementation;
(2) Status of the implementation of internal control mechanism and self-disciplinary organization;
(3) Financial planning and fee standards;
(4) Company organization and status of the implementation of personnel training;
(5) Status of the implementation of customer service and complaint procedures.
2. The Operations Plan for the forthcoming six years of operations:
(1) The name, nationality, frequency, and transponder of the satellite, and the coverage area of the satellite signals; and the number of satellite channels;
(2) Financial structure and personnel organization;
(3) Channel or program planning;
(4) Internal control mechanism;
(5) Methods of operation and plan for technological development;
(6) Fee standards and calculation method; and
(7) Other items, as specified by the regulatory agency.
The aforementioned Operations Plan and Status Report and Operations Plan shall be completed as per the specified items in Attached Form 4-1, Attached Form 3, and shall also include the Operations Plan Summary Form (Attached Form 2-1), along with a table of comparison on dissimilarity between the application and the previous license renewal’s operations plan, and any other document or substantive data the competent authorities specify.


Article 4


A foreign direct satellite broadcasting service operator (hereinafter referred to as “foreign service operator”) that applies for license renewal shall submit the application (Attached Form 1-2), complete with an Operations Plan and Status Report from the fourth year of the licensed period to six months prior to the license expiry, as well as an Operations Plan for the forthcoming six years of operations, and shall state the following matters separately:
1. The Operations Plan and Status Report from the fourth year of the licensed period to six months prior to the license expiry:
(1) Market positioning and the status of the channel’s implementation;
(2) Status of the implementation of the internal control mechanism and self-disciplinary organization;
(3) Financial planning and fee standards;
(4) Company organization and status of the implementation of personnel training;
(5) Status of the implementation of customer service and complaint procedures.
2. The Operations Plan for the forthcoming six years of operations:
(1) The name, nationality, frequency, and transponder of the satellite, and the coverage area of the satellite signals; and the number of satellite channels;
(2) Channel or program planning;
(3) Fee standards and calculation method; and
(4) Other items, as specified by the regulatory agency.
The aforementioned Operations Plan and Status Report and Operations Plan shall be completed as per the specified items in Attached Form 4-1 and Attached Form 3, and shall also include the Operations Plan Summary Form (Attached From 2-1), complete with a table of comparison on the dissimilarity between the previous application or the operations plan of the previous license renewal, and other documents and supporting documentation, as specified by the regulatory agency.


Article 5


A Satellite broadcasting program supplier (hereinafter referred to as “program supplier”) that applies for license renewal shall submit the application (Attached Form 1-3), complete with an Operations Plan and Status Report from the fourth year of the licensed period to the six months prior to the license expiry, as well as an Operations Plan for the following six years of operations, and shall state the following matters separately:
1. The Operations Plan and Status Report from the fourth year of the licensed period to six months prior to the license expiry:
(1) Status of channel philosophy and the program or content arrangement;
(2) Status of the implementation of the internal control mechanism and self-disciplinary organization;
(3) Financial status;
(4) Status of the implementation of customer service and complaint procedures;
(5) Other items, as specified by the regulatory agency.
2. The Operations Plan for the forthcoming six years of operations:
(1) The number of operating channels, channel name, and method of transmitting signals;
(2) Program planning;
(3) Proposals for broadcasting domestically produced programs and programs that promote local culture;
(4) Internal control mechanism and program editorial system;
(5) Fee standards and calculation method; and
(6) Other items, as specified by the regulatory agency.
In the case where the application is for a channel in the general channel category, the aforementioned Operations Plan and Status Report and the Operations Plan shall be completed as per the specified detailed items in the Attached Form 4-2, Attached Form 3, and shall also include the Operations Plan Summary Form (Attached Form 2-2), along with a table of comparison on dissimilarity between the application or the operations plan of the previous license renewal, and any other document or substantive data the competent authorities specify.
In the case where the application is for a channel in the shopping channel category, the Operations Plan and Status Report and the Operations Plan, as stated in Paragraph 1, shall be completed as per the specified detailed items in Attached Form 4-3 and Attached Form 3, and shall also include the Operations Plan Summary Form (Attached Form 2-3), along with a table of comparison on dissimilarity between the application and the operations plan of the previous license renewal, and any other document or substantive data the competent authorities specify.


Article 6


A foreign satellite broadcasting program supplier (hereinafter referred to as “foreign program supplier") that applies for license renewal shall submit the application (Attached Form 1-4), complete with an Operations Plan and Status Report from the fourth year of the licensed period to the six months prior to the license expiry, as well as an Operations Plan for the forthcoming six years of operations, and shall state the following matters separately:
1. The Operations Plan and Status Report from the fourth year of the licensed period to six months prior to the license expiry:
(1) Status of channel philosophy and the program or content arrangement;
(2) Status of the implementation of the internal control mechanism and self-disciplinary organization;
(3) Financial status;
(4) Status of the implementation of customer service and complaint procedures;
(5) Other items, as specified by the regulatory agency.
2. The Operations Plan for the forthcoming six years of operations:
(1) The name, nationality, frequency, and transponder of the satellite, and the coverage area of the satellite signals; and the number of satellite channels;
(2) Program planning;
(3) Internal control mechanism and program editing review system;
(4) Fee standards and calculation method; and
(5) Other items, as specified by the regulatory agency.
In the case where the application is for a channel in the general channel category, the aforementioned Operations Plan and Status Report and the Operations Plan shall be completed as per the specified items in the Attached Form 4-2, Attached Form 3, and shall also include the Operations Plan Summary Form (Attached Form 2-2), along with a table of comparison on dissimilarity between the application and the operations plan of the previous license renewal, and any other document or substantive data the competent authorities specify.
In the case where the application is for a channel in the shopping channel category, the Operations Plan and Status Report and the Operations Plan, as stated in Paragraph 1, shall be completed as per the specified items in Attached Form 4-3 and Attached Form 3, and shall also include the Operations Plan Summary Form (Attached Form 2-3), along with a table of comparison on the dissimilarity between the application and the operations plan of the previous license renewal, and any other document or substantive data the competent authorities specify.


Article 7


The regulatory agency shall hold advisory meetings to examine the cases of license establishment and renewal applications and provide advisory opinions to satellite broadcasting businesses, foreign satellite broadcasting businesses, and other type channel and program supply businesses.


Article 8


Should the application for license renewal, Operations Plan and Status Report and the Operations Plan of a satellite broadcasting business or foreign satellite broadcasting business be deemed incomplete, the applicant shall be required to submit retroactive correction within a specified period; when failing to re-submit the application correction within the specified period or when the retroactive correction should be deemed incomplete, the application shall be rejected.


Article 9


A satellite broadcasting business that applies for license renewal and falls under one of the following circumstances may not submit retroactive correction, and the application shall be denied citing reasons for the denial:
1. In violation of Paragraph 3, Article 4 of the Act, stipulating circumstances where foreign nationals directly hold shares of the satellite broadcasting business shares in excess of fifty percent of outstanding total shares the said enterprise has issued;
2. In violation of provisions of Article 5 of the Act, stipulating circumstances of personnel from government, political parties, or related businesses, and foundations investing or taking office.


Article 10


Except for the circumstances aforementioned in the preceding two articles, where the application for license renewal for service operators and foreign service operators shall be rejected, applications shall be examined according to the following items and assessment standards:
1. The Operations Plan and Status Report from the fourth year of the licensed period to six months prior to the license expiry – 40 points
(1) Market positioning and the status of the channel’s implementation;
(2) Status of the implementation of the internal control mechanism and self-disciplinary organization;
(3) Financial status and fee standards;
(4) Company organization and status of the implementation of personnel training;
(5) Status of the implementation of customer service and complaint procedures.
2. The Operations Plan for the forthcoming six years of operations – 60 points:
(1) Market positioning and channel planning;
(2) Internal control mechanism;
(3) Financial planning and fee standards;
(4) Company organization and personnel training;
(5) Customer service and complaint procedures.
Applicants with the foresaid grading totaling to less than 60 points shall be deemed as unsatisfactory, and shall not be issued with a permit.
The review criteria set forth under Subparagraph 1 Paragraph 1 may commensurate to the review criteria defined by the satellite broadcasting business and foreign satellite broadcasting business’s evaluation review measures; the grading criteria for various review items as set forth under Subparagraph 2 Paragraph 1 may commensurate to stipulations set forth under the examination regulations on the establishment application of satellite broadcasting businesses and foreign satellite broadcasting businesses Paragraph 1, Article 12.
In the case where an application violates stipulations of Subparagraphs 3 or 4, Paragraph 1, Article 10, Article 4, Article 12 or Article 19 first section of the Act, the application shall be denied, citing reasons for the denial.


Article 11


Except for the circumstances aforementioned in Articles 8 or 9, where the application for license renewal for program suppliers and foreign program suppliers of the channel category of general channel shall be denied, applications shall be examined according to the following items and assessment standards:
1. The Operations Plan and Status Report from the fourth year of the licensed period to six months prior to the license expiry – 40 points
(1) The status of channel philosophy and the program or content arrangement;
(2) Status of the implementation of the internal control mechanism and self-disciplinary organization;
(3) Financial status;
(4) Status of the implementation of customer service and complaint procedures;
(5) Other items, as specified by the regulatory agency.
2. The Operations Plan for the forthcoming six years of operations – 60 points:
(1) Market positioning and channel planning;
(2) Internal control mechanism and control review system;
(3) Financial planning and fee standards;
(4) Company organization and personnel training;
(5) Customer service and complaint procedures.
Applicants with the foresaid grading totaling to less than 60 points shall be deemed as unsatisfactory, and shall not be issued with a permit.
The review criteria set forth under Subparagraph 1 Paragraph 1 may commensurate to the review criteria defined by the satellite broadcasting business and foreign satellite broadcasting business’s evaluation review measures; the grading criteria for various review items as set forth under Subparagraph 2 Paragraph 1 may commensurate to stipulations set forth under the examination regulations on the establishment application of satellite broadcasting businesses and foreign satellite broadcasting businesses Paragraph 1, Article 13.
In the case where an application violates provisions as stipulated in Subparagraphs 3 or 4, Paragraph 1, Article 10, Article 4, Article 12 or first section of Article 19 of the Act, the application shall be denied, citing reasons for the denial.


Article 12


Except for circumstances as specified in Article 8 or Article 9 in which the applicant shall be denied, applications for license renewal of a program supplier and foreign program that falls under shopping channels applications shall be examined according to the following items and assessment standards:
1. The Operations Plan and Status Report from the fourth year of the licensed period to six months prior to the license expiry – 40 points
(1) The status of channel philosophy and the program or content arrangement;
(2) Status of the implementation of the internal control mechanism and self-disciplinary organization;
(3) Financial status;
(4) Status of the implementation of customer service and complaint procedures ;
(5) Other items, as specified by the regulatory agency.
2. The Operations Plan for the forthcoming six years of operations – 60 points:
(1) Channel positioning and content planning;
(2) Internal control mechanism and content editorial system;
(3) Financial planning and fee standards;
(4) Company organization and personnel training;
(5) Customer service and complaint procedures.
Applicants with the foresaid grading totaling to less than 60 points shall be deemed as unsatisfactory, and shall not be issued with a permit.
The review criteria set forth under Subparagraph 1 Paragraph 1 may commensurate to the review criteria defined by the satellite broadcasting business and foreign satellite broadcasting business’s evaluation review measures; the grading criteria for various review items as set forth under Subparagraph 2 Paragraph 1 may commensurate to stipulations set forth under the examination regulations on the establishment application of satellite broadcasting businesses and foreign satellite broadcasting businesses Paragraph 1 Article14.
If an application violates provisions as stipulated in Subparagraphs 3 or 4, Paragraph 1, Article 10, Article 4, Article 12 or the first section of Article 19 of the Act, the application shall be denied, citing reasons for the denial.


Article 13


The satellite broadcasting business and foreign satellite broadcasting business’ s license renewal application shall heed to each channel as an application unit, with the license also to be approved and issued separately.
An application shall be determined within six months from the case receiving date.
If an application case cannot be processed and concluded within the foresaid period, the competent authorities may extend the review period up to the date the license validation period expires.


Article 14


The provisions of the Regulations on satellite broadcasting program supplier shall apply mutatis mutandis to the approval procedures, examination items, assessment standards, and other matters that shall be complied of other type channel and program supply business, unless otherwise provided by law.


Article 15


The applicants shall remit payment of examination fees and license fees to the regulatory agency according to relevant provisions.


Article 16


These Regulations shall take effect from the date of promulgation