Print Date:111/10/04 04:57

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1. The fines determined by the National Communications Commission (hereinafter as "NCC") to radio and television enterprises, cable radio and television system operators (cable television program broadcasting systems), satellite broadcasting enterprises, and other illegal operators of radio and television enterprises, cable radio and television systems (cable television program broadcasting systems) and satellite broadcasting enterprises (including the legal representatives and the perpetrators ) shall accord with these directions.
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2. The "NCC evaluation table for the pecuniary adjudication procedure on radio and television business (hereinafter as "evaluation table", Table 1: for radio enterprise(s), Table 2: for television enterprise(s) ) and "NCC reference table for illegality rating and fine amount determination" (Table 3), apply to the following cases:
(1) Cases determined according to Article 43, 44 45-1 or 49 of the Radio and Television Act;
(2) Cases determined according to Article 65 to 68 or 70 of the Cable Radio and Television Act;
(3) Cases determined according to Article 36 to 38 or 40 of the Satellite Broadcasting Act; and
(4) Cases determined according to other laws that stipulate NCC as the competent authority.
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3. In the circumstance of applying Subparagraph 1, Paragraph 1, Article 43 of the Radio and Television Act, Subparagraph 1, Paragraph 1, Article 66 of the Cable Radio and Television Act, and Subparagraph 1, Paragraph 1, Article 36 of the Satellite Broadcasting Act:
(1) The situation of "content was not amended after a warning" or "makes no correction after receiving a warning" shall mean that, after receiving a warning, there are still actions containing illegal constitutive elements in the same class as former actions.
(2) The "repeated violation of the preceding article within one year" in last clause of Subparagraph 1, Paragraph 1, Article 43 of the Radio and Television Act shall mean that there are still actions containing illegal constitutive elements in the same class as former actions.
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4.
(1) The "within one year" in Subparagraph 1, Paragraph 1, Article 43 of the Radio and Television Act shall initiate from the day after the date that the warning determination letter is sent.
(2) The "any of the items of the preceding two articles, after being penalized twice within one year" in rticle 44 of the Radio and Television Act, Article 67 of the Cable Radio and Television Act and Article 37 of the Satellite Broadcasting Act shall mean that the period from date of this action traced back to last two determination dates of violation did not exceed 365 days and this action still contains illegal constitutive elements in the same class as former actions
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5. The competent business unit shall use the evaluation table, and take the relevant facts into consideration, choose the items for consideration listed in the table, accumulate points, and compare with the "NCC reference table for illegality rating and fine amount determination" (Table 3). Then it shall draft proper fine suggestion for the determination of the Commission.
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6. The regulations in points 3 and 4 shall apply in the circumstance that the government of special municipality and the county (city) exercise their powers according to Article 63 of the Radio and Television Act.
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7. These Disposal Directions apply to the cases of which the illegal action occurs after May 1st 2010.
Data Source:NCC / Law Source Retrieving System Laws And Regulations