Article 1
The measures have been promulgated in accordance with stipulations set forth under Article 11 of the Broadcasting and Television Act.
Those not stipulated by the Broadcasting and Television Act and the measures are to heed to stipulations set by other peripheral laws and regulations.
Article 2
The definition of the terminologies the measures adopt is as follows:
I. Television booster: Referring to the television transceiver equipment for receiving the television signals from wireless television stations and boosting the initial frequency for transmission.
II. Television frequency converter: Referring to television transceiver equipment for accepting the television signals from wireless television stations by boosting the transmission of varied frequencies.
III. Community shared antenna television equipment: Referring to the equipment for intercepting the television signals, via the space directly or indirectly, from wireless television stations that are boosted and transmitted via cable to the reception user's equipment.
Article 3
The installation of television boosters, frequency converters and community shared antenna television equipment shall be limited to television reception impaired areas within a television station's service range as hindered by terrain or building structures.
Article 4
The television boosters or frequency converters shall be applied and set up by a television station on its own, or applied and set up by a local county/city government, village, township, city, district office on its own, or by commissioning a television station to do so. However, to convenient the reception in reception-impaired areas within a television station's service range, the National Communications Commission (hereinafter referred to as the Commission) may on its own or appoint a television station to set up the television booster or frequency converter.
Applying to install the television booster, frequency converter shall fill out the application, describing the following matters, which is to be forwarded to the commission for approval and issuance of an installation permit before the equipment may be installed.
I. The applicant's name (when commissioning a television station to apply, the name of the commissioned station is also to be noted down).
II. The purpose of applying for the setup.
III. The transceiver's electrical power, manufacturer brand, installation site, and project plan.
IV. The antenna's type of radiation project range.
V. The main station's signal strength at the setup site and said transceiver's signal strength ratio.
VI. After the equipment installation, the extended coverage range and the television reception user count.
Article 5
The community shared antenna television equipment shall be applied for set up by government agency organizations, companies, nonprofit incorporated entities or electrical businesses organized and incepted by national citizens of the Republic of China.
Applying for the set of community shared antenna television equipment shall fill out the application in one format with quintuplicate, stating the following matters, to apply with the local village, township, city, district office.
I. The applicant's name, address, name of the managing director, whose place of residence, education and exposure.
II. The purpose of applying for the setup.
III. The financial status.
IV. The operating capability.
V. The applied service area (to include the detailed service area).
VI. The service area's television reception user count.
VII. Source of funding, and operating method.
VIII. Anticipated fee collection revenue.
IX. Service venue/office and maintenance method.
X. Project plan (including the status of the antenna and server wiring equipment).
A village, township, city, or district office is to review item one through item five of the application by designating a service area and also issuing a consent letter, which is to be forwarded to a central-ruled municipal government or a county (city) government to apply for the review of item six and item seven, and upon approved, it is forwarded to the commission to conduct review on item eight through item ten and relevant technology, by which to approve and issue an installation permit before the equipment may be installed.
The community shared antenna television equipment installed by collective tenement buildings or high-rise buildings for providing reception to the residences in the nearby lower floors may be unrestricted by the foresaid section and Article 10. The term collective tenement building refers to a building sharing the same site and the same space or equipment and also houses three or more residential units.
Within the same service area, a general principle calls for that with the presence of community shared antenna television equipment already in existence, no further setup may be made.
Article 5-1
Installing community shared antenna television equipment for shared reception of the general public but without collecting a reception fee shall have the application presented to the commission for approval to be exempt from the restrictions of Article 5 and Article 10.
The foresaid application shall state the following matters:
I. The applicant's name, address, name of the managing director and place of residence.
II. The applied service area (to include detailed map or a user list with addresses).
III. The service area's forecast user count.
IV. Source of funding, and operating method.
Article 6
A television enterprise may not apply to set up and run a community shared antenna television equipment operation. And its investment held in a company, incorporated entity or business operating a community shared antenna television equipment setup is capped to not more than forty-nine percent.
Article 7
The managing director applying to set up a television booster, frequency converter and community shared antenna television equipment business shall assume the absolute liability for all setup-related matters.
Article 8
Those that fall under one of the following circumstances may not act as a managing director or working personnel for a community shared antenna television equipment enterprise.
I. Those having committed or misleading others to commit the treason crime, foreign conspiracy crime and have been confirmed through a judgment, or having been indicted with the case remains pending.
II. Those having been given a pronouncement of detention or rehabilitation, with the case remain pending.
III. Those having been disfranchised and have yet been reinstated.
IV. Those two do not hold a place of residence in the country.
Article 9
The installation license for a television booster, frequency converter and community shared antenna television equipment setup is validated for a three-year period, and effective from the issue date and up to the one-year mark, the installation is to be completed within said period. In the event where the installation cannot be completed within the effective period due to extraordinary circumstances, a request is to be filed with the commission citing the reason why, attaching also the initial installation permit, within a one-month period, before the expiry, to file for extension for three months, provided that only one extension is permitted.
Article 10
Upon completing installing the television booster, frequency converter and community shared antenna television equipment, an application is to be filed with the commission to validate the machinery and equipment's compliance and also to approve and issue a license before the rebroadcasting may begin. The previously obtained equipment installation permit shall be voided.
Article 11
The validation period for a television booster, frequency converter and community shared antenna television equipment license is validated for a three-year period, and an application is to be filed with the commission for a license reissuance one month prior to the expiry.
Article 12
When a community shared antenna television equipment setup is due to apply for a license renewal, it is required to submit the employee list, reception user list and the equipment server inspection report. The report format is to be determined by the commission.
Article 13
Of a community shared antenna television equipment setup that falls under one of the following circumstances, one with the circumstances deemed minor and correctable is to be given a deadline for correction before the license is renowned, and if proven uncorrectable or failure to correct exceeding the deadline, the license will not be renewed.
I. The equipment and the technology protocols should be found to deviate from the regulations.
II. The operation should be found to deviate from the initial setup purpose.
III. The managing director or the working personnel should be found with one of the circumstances stipulated under Article 8.
IV. Circumstances that might jeopardize the safety of the television set.
V. Failure to honor the contract with the user.
VI. Those whose finances are less than solid and require an overhaul per legal requirements.
VII. Those operate exceeding the designated service areas.
VIII. Those who refuse or delay the installation application or refuse to offer fair services without just cause.
IX. Those who also run a television transceiver sales business and utilize such monopolistic operating right to engage in improper competition.
Under the foresaid correction period within a prescribed deadline, an interim license is to be issued, with a validation not exceeding three months.
Article 14
One that loses the installation permit or license shall declare void by subscribing public announcement in major daytime newspaper, and also declare with the commission for a reissue of the permit or license.
Article 15
Any change to the inception matters stated in the installation permit or license shall be declared with the commission for approval and a reissue of a new permit or license.
Article 16
The installation permit or license reissued and replaced per stipulations set forth under the preceding two paragraphs shall still heed to the validation period of the previous permit or license as the validation period.
Article 17
Applying for an approval and issuance, replacement, reissuance of the installation permit or license is required to remit a permit fee or license fee. The sum is to be determined by the commission.
Of the foresaid specified levy of the permit fee and license fee, the levy and fee receipt/expenditure shall be processed per the government budget procedure.
The television booster, frequency converter and community shared antenna television equipment set up by government agencies are exempt from remitting the installation permit or license fee. However, it is still mandated to declare for the issuance, replacement, and reissuance of the installation permit or license.
Article 18
Once a community shared antenna television equipment setup is completed, besides declaring in advance for the commission's approval, it may not be willfully dismantled, cease to be operated upon, or have any shareholding transferred, or the name or its managing director changed. Any temporary suspension of the rebroadcasting due to mechanical damage shall also be declared with the commission voluntarily.
Article 19
Installing the television booster, frequency converter and community shared antenna television equipment shall best avoid other existing telecommunications equipment already installed, so not to hinder or disrupt such equipment's initial communications work.
Article 20
The transmission frequency for the television booster, frequency converter is to be assigned by the commission at the time of approving and issuing the installation period, and unless applied and approved, it may not be modified.
Article 21
A community shared antenna television equipment setup shall transmit the original content of television signals from wireless television stations to the user as required by law.
Article 22
Those whose television booster, frequency converter, or community shared antenna television equipment setup that has not been declared for a license, or the initial license has been revoked, or the license has been lost but without applying for a reissue are barring from operating the rebroadcasting.
Article 23
Once a television booster, frequency converter and community shared antenna television equipment setup has been completed, the operation shall be promoted per the initially applied purpose, and may not be applied for any other purposes.
Article 24
The television booster, frequency converter, and community shared antenna television equipment setup may not be used to insert, rebroadcast programs or advertisements differ that the signals transmitted by the main stations.
Article 25
A community shared antenna television equipment set up, unless otherwise declared for an approval in advance under extraordinary circumstances, shall concurrently rebroadcast all television stations' signals.
Article 26
The managing director of a community shared antenna television equipment setup shall voluntarily declare, in the beginning of each year, with the commission on the reception user count as of the end of the previous year, and the state of distribution.
Article 27
Of a community shared antenna television equipment setup, it is permitted for the operator to collect a fee, with the standard to be declared by the setup's managing director and subject to the commission and relevant government authorities' approval.
Article 28
Dismantling the television booster, frequency converter shall first declare for the commission's approval, and also for the commission to audit and recall the license. The location where the equipment and antenna are stored shall also be declared with the commission pending future audit, and unless preapproved, none of which may be applied in other purposes or resold or transferred.
Article 29
The television booster, frequency converter and community shared antenna television equipment's project technology protocols and major equipment shall conform to the Wireless Television Station Project Technology and Equipment Standard Guideline, and are also subject to the commission's review and approval.
Article 30
The commission may dispatch personnel to audit the television booster, frequency converter, and community shared antenna television equipment, and also to audit the state of the operational management. And if any nonconformity to the stipulations is found, an operator is to be notified to adopt corrective action within a prescribed deadline.
Article 31
The circuit the community shared antenna television equipment setup runs trough shall have electric poles leased from a telecommunications operator or the power company per relevant regulations, and unless preapproved, it is barred from erecting poles or hanging wires.
Article 32
Those operating a community shared antenna television equipment setup found with one of the following circumstances shall be given a warning.
I. Breaching Article 18 by willfully transferring or changing the name or the managing director without obtaining an approval.
II. Breaching the stipulations set forth under Article 10, Article 11, Article 14, Article 15, Article 26, Article 27, or Article 29.
III. Failure to adopt corrective action within the deadline stipulated by Article 30.
Article 32-1
Those found with one of the following circumstances, per stipulations set forth under par 1, Article 45~1 of the Broadcasting and Television Act, shall be penalized.
I. By breaching Article 23 for failing to promote the operation per the applied setup purpose but willfully applying the installed broadcasting system for any other purposes.
II. Breaching Article 24 by inserting and rebroadcasting programs or advertisements differing from signals transmitted by the main stations.
Article 33
Those operating a community shared antenna television equipment setup found with one of the following circumstances shall have their license revoked.
I. Having receiving two warnings in a year.
II. Breaching stipulations set forth under par 1, or par 2 through par 4 of Article 8 by filing to declare for change of the managing director or working personnel.
III. Breaching Article 18 by willfully dismantling or ceasing to run the operation without obtaining an approval.
IV. Beaching stipulations set forth under Article 21 or Article 25.
Article 34
The measures are to be implemented effective on the date of announcement.