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法規名稱(Title) Enforcement Directions for Suspension of Transmission by National Communications Commission in Accordance with Article 37 of the Satellite Broadcasting Act Ch
廢止日期(Abolished Date) 2016.12.16
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I. The enforcement direction applies to channel broadcast suspension rulings made, by the National Communications Commission (hereinafter referred to as the Commission), on satellite broadcasting businesses or foreign satellite broadcasting businesses in accordance with stipulations set forth under Article 37 of the Satellite Broadcasting Act.
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II. The applicable subjects of these Enforcement Directions encompass satellite broadcasting businesses or foreign satellite broadcasting businesses that operate a single channel.
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III. In the instance where a satellite broadcasting business or foreign satellite broadcasting business's channel is reaching the broadcast suspension alert cap, the Commission's operations unit shall inform the said business of the state of reaching the broadcast suspension alert cap, and shall also notify relevant associations; the operations unit shall also coordinate with relevant bodies to study and discuss propositional cautions and improvement measures, with which to provide administrative guidance to said business.
The term broadcast suspension alert cap in the preceding paragraph refers to the sum of penalty fines levied to a satellite broadcasting business or foreign satellite broadcasting business for violating Article 36, Article 37 of the Satellite Broadcasting Act, effective from the date of the initial conduct of violation of Paragraph 1, Article 37, going back two years, having reached 7 million New Taiwan dollars (inclusive) or higher but under 10 million New Taiwan dollars.
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IV. In the instance where a satellite broadcasting business or foreign satellite broadcasting business's channel reaches the broadcast suspension cap, it shall be processed in accordance with the following stipulations:
(I) The operations unit shall promptly coordinate with relevant bodies and refer to the broadcast suspension day-count recommendation table (see the annexed table) to study and discuss whether to issue the business channel (branch station) with a broadcast suspension ruling, recommended broadcast suspension starting/ending dates, the potential impact arising from the suspension, consumer equity, and other related matters, which shall be submitted to the Commission for review at the Commission Meeting.
(II) The Commission Meeting shall render judgment by reviewing the relevant circumstances and determine whether to issue a broadcast suspension and the broadcast suspension day count.
The term broadcast suspension cap in the preceding paragraph refers to the total sum of penalty fines levied to a satellite broadcasting business or a foreign satellite broadcasting business over a two-year period for violating Article 36, Article 37 of the Satellite Broadcasting Act, effective from the date of the first violation of conduct stipulated in Paragraph 1, Article 37, having reached 10 million New Taiwan dollars (inclusive) or higher.
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V. The starting point of the calculation for the sum of penalty fines in a two-year period as stipulated in Directions III and IV of these enforcement directions, refers to penalty fine ruling cases for the violations that occurred after July 1, 2010.
The foresaid penalty fine cap calculation is unaffected by the result of the administrative grievance filing brought; however, the penalty fine cap on ruling that has been confirmed for revocation prior to the broadcast suspension ruling shall be deducted.
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VI. In cases of severe violations of Paragraph 1, Article 37 of the Satellite Broadcasting Act, the Commission's operations unit shall promptly coordinate with relevant bodies and shall gather information on said business's relevant operations, details of its violations over the past two years, potential impact of suspension, and consumer equities, which shall be submitted to the Commission for discussion and verification at the Commission Meeting, before proceeding to a ruling hearing meeting. The operations unit, upon taking into consideration the hearing meeting's positive and negative opinions, shall draft a recommendation whether a broadcast suspension is to apply or not, which in turn shall be presented to the Commission Meeting for review, that does not fall under stipulations set forth in Direction IV.
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VII. Following the Commission councils motioning a broadcast suspension ruling:
(I) The operations unit shall promptly notify the ruling recipient and the cable radio and/or television system operator or direct satellite broadcasting service operators by phone or electronic mail to begin developing relevant remedial measures; it shall also furnish a broadcast suspension ruling judgment within a prescribed period, and notify the cable radio and/or television system operator , the direct satellite broadcasting service operators, the multimedia video on demand audiovisual operators, the Executive Yuan Consumer Protection Commission and various local county/municipal governments, and the Association of Terrestrial Television Networks, Taiwan, R.O.C, among other relevant entities.
(II) The Commission's operations administration division shall summon relevant bodies to form an urgent response team, charged with processing the administrative issues arising from the broadcast suspension ruling.
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VIII. The channel broadcast suspension starting date for a satellite broadcasting business or an foreign satellite broadcasting business receiving a broadcast suspension ruling is to begin on the following day the ruling judgment has been delivered; the suspension period shall not be less than five days, nor more than thirty.
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IX. The channels of a satellite broadcasting business or foreign satellite broadcasting business receiving a broadcast suspension ruling shall duly inform their subscribers of the broadcast suspension period via inserted characters in accordance with stipulations set forth in Paragraph 3, Article 21 of the Satellite Broadcasting Act, effective from the following day the Commission's broadcast suspension ruling has been received until one day prior to the broadcast suspension day; the cable radio and/or television system operator or other platforms that air a channel's program or advertisement receiving a broadcast suspension ruling shall duly inform their subscribers of the broadcast suspension period via inserted characters, effective from the following day the Commission's broadcast suspension ruling copy has been received until one day prior to the broadcast suspension day. The foresaid inserted characters shall be aired at least once every hour.
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X. A satellite broadcasting business or foreign satellite broadcasting business channel receiving a broadcast suspension ruling shall immediately suspend broadcasting effective on the specified broadcast suspension date, and shall also continue to broadcast information on the suspension throughout the broadcast suspension period, with its content to indicate: "The XX Channel, for violating the Satellite Broadcast Television Act, has been issued a broadcast suspension ruling for ( ) days as regulated, and its broadcast will be suspended for the period spanning from ( )M ( )D, ( )Y to ( )M ( )D, ( )Y.