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The amendment of Article 12 and addition of Articles 5-1 Promulgated in accordance with the Order Tung-Chuan-Nei-Rong No. 11348024950 issued by National Communications Commission on Nov 11, 2024
Article 5-1 Should there be no record of violation of this Act from the first to third year of the validity period of the license, direct satellite operators, foreign direct satellite operators, foreign program operators, and program operators, as well as other type channel and program supply businesses, whose channels under assessment do not produce or transmit specific category programs may register the following information on the website designated by the regulatory agency according to the type of business; the provisions of Article 3 and Article 4 shall not apply:
- Basic data, channel planning and arrangement of direct satellite operators and foreign direct satellite operators (Attached Form 1-1);
- Basic data of foreign program operators, program operators, or other type channel and program (Attached Form 2-1), basic data of channels (Attached Form 2-2) and broadcasting platforms (Attached Form 2-3);
- Status of Implementation of commitment matters and matters that should be improved (or corrected) for the establishment application or license renewal (Attached Form 4-1);
- Status of Implementation of other provisions of administrative dispositions, commitment matters or matters of administrative guidance (Attached Form 4-2);
- Detailed statement of operating income (Attached Form 5-1);
- Detailed statement of operating expenses (Attached Form 5-2);
- Financial statements during the assessment period;
- Self-assessment report;
- An Affidavit confirming that there are no violations of the circumstances specified in Article 11 and Article 12 of these regulations (Attached Form 7) and their corroborating documents.
For a business under assessment subjected to provisions provided in the preceding paragraph, the registered items of the business shall be exempt from the examination and assessment based on the examination items specified in Article 8 and Article 9. If there are no circumstances specified in Article 11 and Article 12 of these regulations, it shall be assessed as qualified (see Attached Form 8 for the flow chart).
The production and transmission of specific category programs specified in the first paragraph include the following:
- News programs;
- Financial news programs;
- Finance and stock market programs;
- Children and youth programs;
- Restricted programs.
Provisions of the first and the second paragraphs shall not apply to local channels and shopping channels.
Article 12 Program suppliers and foreign program suppliers of general channels shall be deemed as disqualified from the assessment in any of the following circumstances and shall be ordered to undertake retroactive corrections within a prescribed period:
- The ratio of broadcasting domestic programming does not, without a justifiable reason,
equate with that of the Operations Plan submitted with the application for license establishment or renewal;
- Authorized the operations to a third party or leased, lent, transferred or assigned its license to a third party;
- Inappropriately operated so as to impair, or be likely to impair, the rights and interests of the subscribers or audience.
Program suppliers and foreign program suppliers of general channels that have been disqualified from the assessment of operations plan implementation shall have their permit abolished and license revoked should the matter not be corrected.
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