Regulations Governing the Advisory Committee Review of Applications for Establishment, Assessment, and License Renewal of Satellite Broadcasting Businesses, Foreign Satellite Broadcasting Businesses, and Other Type Channel and Program Supply Businesses
2018-02-08
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Article 1
These Regulations are hereby enacted pursuant to Paragraph 4, Article 20 of the Satellite Broadcasting Act.
Article 2
The National Communications Commission (hereinafter referred to as the Commission) shall form an application for establishment and license renewal advisory committee and an assessment advisory committee (hereinafter referred to as advisory committees) to review applications for establishment, assessment, and license renewal with items stipulated in Paragraph 1, Article 20 of the Satellite Broadcasting Act and to provide advisory suggestions.
Article 3
Each advisory committee shall consist of 9 to 11 members; each member shall serve a tenure of two years; one consecutive tenure upon expiration shall be permitted. In the case where a position becomes vacant during the tenure, the position may be filled by employment or assignment and said person shall hold the tenure until the expiration day of the original term. The number of any gender shall not be less than one-third of the total number of members. The advisory committee members shall consist of the following:
1. Two representatives from the Commission;
2. Three to four representatives from public interest groups respectively employed according to channel and program category;
3. Three to four experts and scholars; and
4. One representative from the national satellite broadcasting association.
1. Two representatives from the Commission;
2. Three to four representatives from public interest groups respectively employed according to channel and program category;
3. Three to four experts and scholars; and
4. One representative from the national satellite broadcasting association.
Article 4
The method of employing or assigning members shall be handled in accordance with the following regulations:
1. The advisory committee members in Subparagraph 1 of the preceding article shall be personnel of at least a position rank-level in the Commission assigned by the Chairperson of the Commission;
2. The advisory committee members in Subparagraph 2 of the preceding article shall be a professional, expert, or scholar recommended by public interest groups related to communications, finance, law, children and youth protection, consumer protection, gender equality, ethnic equality, labor rights, or other channel and program categories employed by the Chairperson of the Commission based on actual needs; and
3. The advisory committee members in Subparagraph 3 of the preceding article shall be experts and scholars in fields related to communications, finance, law, children and youth protection, consumer protection, gender equality, ethnic equality, labor rights, human resource management, business organization management, or channel business management employed by the Chairperson of the Commission based on actual needs;
The advisory committee members in Subparagraphs 2 and 3 of the preceding article shall meet the following requirements:
1. Not currently a director, supervisor, manager or other personnel in a paid position at a satellite broadcasting business, foreign satellite broadcasting business, or other type channel and program supply business ; and
2. Has not served as a director, supervisor, manager, or other personnel in a paid position at a satellite broadcasting business, foreign satellite broadcasting business, or other type channel and program supply business within the two years prior to being elected.
1. The advisory committee members in Subparagraph 1 of the preceding article shall be personnel of at least a position rank-level in the Commission assigned by the Chairperson of the Commission;
2. The advisory committee members in Subparagraph 2 of the preceding article shall be a professional, expert, or scholar recommended by public interest groups related to communications, finance, law, children and youth protection, consumer protection, gender equality, ethnic equality, labor rights, or other channel and program categories employed by the Chairperson of the Commission based on actual needs; and
3. The advisory committee members in Subparagraph 3 of the preceding article shall be experts and scholars in fields related to communications, finance, law, children and youth protection, consumer protection, gender equality, ethnic equality, labor rights, human resource management, business organization management, or channel business management employed by the Chairperson of the Commission based on actual needs;
The advisory committee members in Subparagraphs 2 and 3 of the preceding article shall meet the following requirements:
1. Not currently a director, supervisor, manager or other personnel in a paid position at a satellite broadcasting business, foreign satellite broadcasting business, or other type channel and program supply business ; and
2. Has not served as a director, supervisor, manager, or other personnel in a paid position at a satellite broadcasting business, foreign satellite broadcasting business, or other type channel and program supply business within the two years prior to being elected.
Article 5
The advisory committee meetings shall each consist of one convener, who is to be designated by the Chairperson of the Commission from the advisory committee members in Subparagraph 1 of Article 3.
In the event where the convener is unable to chair the meeting, the convener can appoint a person from the advisory committee members to chair the meeting.
In the event where the convener should be vacant, another shall be appointed by the Chairperson of the Commission.
In the event where the convener is unable to chair the meeting, the convener can appoint a person from the advisory committee members to chair the meeting.
In the event where the convener should be vacant, another shall be appointed by the Chairperson of the Commission.
Article 6
The review processing procedures of the advisory committee meetings shall be handled according to the following provisions:
1. The relevant department of the Commission shall first carry out an examination or review of the documentation of the application submitted by the applicant. Those whose documents are deemed complete can then be submitted to the advisory committee for confirmation and to conduct individual examination;
2. For the individual examination of applications for the establishment, assessment, and license renewal, the advisory committee members shall authorize the review items and review benchmarks set by application, establishment, assessment, and license renewal examination regulations as set by the Commission according to Paragraph 4, Article 6, Paragraph 3, Article 17, and Paragraph 3, Article 18 of the Satellite Broadcasting Act and propose examination opinions; and
3. The opinions of each of the advisory committee member shall be discussed during the advisory committee meetings. A preliminary resolution of the examination and suggestions of all advisory committee members shall be then submitted to the commissioner meeting of the Commission by the relevant department of the Commission, where the re-examination resolution shall be made.
1. The relevant department of the Commission shall first carry out an examination or review of the documentation of the application submitted by the applicant. Those whose documents are deemed complete can then be submitted to the advisory committee for confirmation and to conduct individual examination;
2. For the individual examination of applications for the establishment, assessment, and license renewal, the advisory committee members shall authorize the review items and review benchmarks set by application, establishment, assessment, and license renewal examination regulations as set by the Commission according to Paragraph 4, Article 6, Paragraph 3, Article 17, and Paragraph 3, Article 18 of the Satellite Broadcasting Act and propose examination opinions; and
3. The opinions of each of the advisory committee member shall be discussed during the advisory committee meetings. A preliminary resolution of the examination and suggestions of all advisory committee members shall be then submitted to the commissioner meeting of the Commission by the relevant department of the Commission, where the re-examination resolution shall be made.
Article 7
The members of the advisory committee shall conduct on-site visits of the applicant and shall inform relevant parties and other interested parties of the application so that they submit their opinions to the Commission, either directly or through a letter.
Article 8
For the resolutions of advisory committee meetings to be adopted, at least half of the advisory committee members shall be present with the consent of at least half of those members who are present. For the resolutions concerning the rejection of an application for establishment, license renewal cases or the failure of assessment cases, reasons for the resolution shall be stated.
Article 9
Advisory committee members shall attend the meeting in person; members may exercise voluntary recusal in any one of the following situations:
1. The advisory committee member is currently or has been a director, supervisor, manager, or other personnel in a paid or unpaid position within two years prior to the business being examined;
2. The spouse, former spouse, or the betrothed party of the advisory committee member is a director, supervisor, or manager of the business being examined; and
3. A blood relative within the fourth degree, relative by marriage within the third degree of the advisory committee member or those who once had such kinship is a director, supervisor, or manager of the business being examined.
1. The advisory committee member is currently or has been a director, supervisor, manager, or other personnel in a paid or unpaid position within two years prior to the business being examined;
2. The spouse, former spouse, or the betrothed party of the advisory committee member is a director, supervisor, or manager of the business being examined; and
3. A blood relative within the fourth degree, relative by marriage within the third degree of the advisory committee member or those who once had such kinship is a director, supervisor, or manager of the business being examined.
Article 10
The business being examined or other advisory committee members may exercise recusal of an advisory committee member in one of the following situations; the advisory committee member that has been submitted for recusal may submit explanations and opinions:
1. Those that are in situations set in the preceding article, yet have not exercised voluntary recusal; and
2. Those where there is concrete evidence to support a finding in existing circumstances that they would likely be biased in the exercise of their duties.
1. Those that are in situations set in the preceding article, yet have not exercised voluntary recusal; and
2. Those where there is concrete evidence to support a finding in existing circumstances that they would likely be biased in the exercise of their duties.
Article 11
For the exercise of recusal in the preceding two articles, the advisory committee shall reach a resolution as to whether there should be recusal; the reasons shall be stated within the resolution and shall be recorded in the meeting minutes.
For the exercise of recusal in the preceding two articles, prior to the resolution being reached, the advisory committee member submitted for recusal may not participate in the examination and review procedures of the individual case where he or she shall be in recusal.
For the exercise of recusal in the preceding two articles, prior to the resolution being reached, the advisory committee member submitted for recusal may not participate in the examination and review procedures of the individual case where he or she shall be in recusal.
Article 12
The examination information, meeting discussion items, or other items shall be kept confidential according to law. The advisory committee members and other personnel who have participated in the meeting shall be obliged to confidentiality.
Article 13
Advisory committee members shall all be unpaid positions. However, attendance fees, examination fees, and transportation fees may be defrayed to the advisory committee members in Subparagraphs 2 to 4, Article 3 according to provisions.
Article 14
The staff operations of advisory committee shall be managed by the relevant department of the Commission; the content of meeting resolutions shall be recorded in meeting minutes and shall be confirmed at the next advisory committee meeting.
Article 15
The Regulations shall take effect from the date of promulgation.