Chapter II Radio and Television Operation Regulation
A radio/television business shall execute its operating plan as approved.
Should there be alterations in the approved operating plan, a radio/television business shall apply to the National Communications Commission (hereinafter referred to as NCC) for approval by submitting the following documents:
1. Purpose and description of the alterations in the operating plan
2. A table of comparison of the original and new operating plans and a description of the alterations
3. Other documents specified by NCC
The organization of a radio/television business referred to in Article 13 of this Act shall be as follows:
1. A radio business shall set up program, engineering, and management departments; and shall set up news, education, business operations, and professional broadcasting or other relevant departments in keeping with the nature of the business. The size of the staff shall be determined by the business itself.
2. A television business shall set up news, program, engineering, and management departments; and shall set up education, business operations or other relevant departments in keeping with the nature of the business. The size of the staff shall be determined by the business itself.
A radio/television business shall, within three months after the end of a year, submit a copy of the following documents prescribed below to NCC for filing for future reference.
1. An annual program report
2. A detailed roster of board directors/supervisors of a privately operated radio/television business and that of station chiefs in general, station directors or branch station chiefs of a publicly operated radio/television business
3. Other materials as specified by NCC
The format of the annual program report mentioned in Subparagraph 1 of the preceding paragraph shall be determined by NCC.
Privately operated radio/television businesses organized as corporations shall, within six months after the end of an operating year, submit a detailed roster of shareholders and the reports and charts stipulated in Article 20 of the Company Act to NCC for filing for future reference.
Privately operated radio/television businesses organized as foundations shall, within three months after the end of a year, submit to NCC an operations report and financial statement for filing for future reference.
The annual program report shall, within three months after the end of a year, and the annual financial and operational overview shall, within six months after the end of a year, be filed to a designated database as per items and formats specified by NCC.
When applying for the transfer of stock shares of a radio/television business, if the transferee is a natural person, the ownership transfer application form, the transferee’s basic personal data, and the complete domicile registration of the transferee shall be submitted to NCC for approval. No application shall be approved if the transferee is found to fall under any one of the following circumstances prescribed below:
1. is not a citizen of the Republic of China;
2. has no domicile or residence in the ROC;
3. in combination with his/her spouse, lineal relatives by blood and marriage, and relatives within the second degree of consanguinity, holds more than 50 percent of the shares of the business; or
4. holds more than 10 percent of the total shares of a newspaper or terrestrial radio/television business.
When applying for the transfer of stock shares under the preceding article, if the transferee is a juridical person, the application for ownership transfer and the registration data of the juridical person shall be submitted to NCC for approval. The application shall not be approved if the transferee is found to fall under any one of the following circumstances prescribed below:
1. is not established or registered in accordance with ROC laws;
2. has no operating or business site in the ROC; or
3. individually or in combination with related businesses, holds more than 50 percent of the total shares of a newspaper or terrestrial radio/television business.
The related businesses mentioned in Subparagraph 3 of the preceding paragraph refer to businesses in which the shareholder of a radio/television business is a board director or supervisor, or businesses in which he/she holds more than 20 percent of the stock.
The provisions of Paragraph 1, Article 14 of this Act requiring the permission of NCC for the transfer of stock shares shall not apply if the radio/television business is already listed on the stock exchange or traded on over-the-counter markets.
For the transfer of the shares of radio/television businesses under the preceding paragraph, the transferee shall not be in any of the conditions stipulated in Subparagraphs 1 and 2 of Article 9, and Subparagraphs 1 and 2 of Paragraph 1 of Article 10.
If correction or further substantiation was called for after NCC review of the application for permission as stipulated in Article 14 of this Act, the radio/television business shall be notified by NCC in writing to rectify the situation within a specified period. If it is not rectified within the specified time or not completely rectified, the application shall be rejected.
NCC may confer with the MOTC when reviewing the application of the preceding paragraph.