國家通訊傳播委員會組織法

The Executive Yuan, in a bid to enforce the Constitution’s protection of freedom of speech, has specifically launched the National Communications Commission (hereinafter referred to as the NCC) to uphold the philosophy of separating the political parties, government, and military from the mass media, to promote the comprehensive development of communications, to protect the media’s professionalism and independence, to effectively administer communications administration, to ensure a fair and effective competition of the communications market, to safeguard the equity and respect of consumers and minority groups, to promote a balanced development of cultural diversity, and to increase nation’s competitiveness.

Effective on the NCC inception date, the competent government agency pertinent communications laws and regulations, including the Telecommunications Act, the Radio and Television Act, the Cable Radio and Television Act, and the Satellite Broadcasting Act, that once had fallen under the purview of the Ministry of Transportation and Communications, the Government’s Information Office, Executive Yuan, and the Directorate General of Telecommunications, Ministry of Transportation and Communications, shall fall under the purview of the NCC. The same also applies to those stipulated by other pertinent laws and regulations that concern the competent responsibilities of the NCC.

1The NCC is charged with the purview of the following duties:

2I. Formulating communications supervisory and internet communications policy, and formulating, drafting, amending, abolishing and implementing laws and regulations pertaining to communications.

3II. Managing the supervision of operations of communications enterprises and approving and issuing licenses.

4III. Supervising and managing the establishment of communications networks.

5IV. Reviewing and inspecting communications systems and equipment.

6V. Regulating the rating system for the content of communications and the internet, and other legally designated matters.

7VI. Maintaining the order of communications competition.

8VII. Presiding over major disputes between communications operators and matters of consumer protection.

9VIII. Supervising and handling offshore affairs and international exchanges and cooperation pertaining to communications.

1The NCC is to appoint seven Commissioners, which are of full-time positions and who shall be nominated by the Head of the Executive Yuan(Premier) and appointed at the consent of the Legislative Yuan. Commissioners shall serve a four-year term and may be re-appointed once to serve a consecutive term. Those who have been re-appointed shall not be re-appointed. However, following the first amendment of the act, among the Commissioners appointed for the first time, three are to serve a two-year term. The Head of the Executive Yuan (Premier) shall appoint one Commissioner to serve as Chairperson, and one as Vice Chairperson.

2The NCC Chairperson is of a special appointment and shall represent the Commission on all external affairs; the Vice Chairperson’s position shall commensurate to abridged appointment of position rank fourteen; the remaining Commissioners’ positions shall commensurate to abridged appointment of position rank thirteen.

3Commissioners shall possess professional knowledge or practical experience in telecommunications, information, broadcast, law or finance and so forth. The number of Commissioners with affiliation to the same political party may not exceed one-half of the total number of Commissioners.

4Effective following the first amendment of the Act, Commissioners, without differentiating terms, shall undergo nominations to appoint renew terms as per procedures stipulated in Paragraph 1, three months prior to the expiry of the said Commissioner's term. When the position of a commissioner becomes available, the term of office of his or her successor shall run until the date of the original term of office concludes. In the event where the Legislative Yuan should disagree with the nominations or the vacancy of the commission seats should fall short of the designated quota, the Head of the Executive Yuan (Premier) shall determine nominations within three months.

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In the event where the Chairperson should be vacant or indisposed to exercise his or her duties, the Vice Chairperson is to act on behalf of the Chairperson; in the event where both the Chairperson and the Vice Chairperson should be vacant or indisposed to exercise their duties, the Head of the Executive Yuan (Premier) shall designate a Commissioner to act on behalf of the Chairperson.

1In the event where a Commissioner should fall under any one of the following circumstances, the Head of the Executive Yuan (Premier) may dismiss his or her position:

2I. A Commissioner is unable to fulfill his or her duties due to contracting illness.

3II. A Commissioner is found breaching the law, neglecting his or her duties, or in other act of breaching his or her fiduciary duties.

4III. A Commissioner is detained or prosecuted in connection with a case.

Commissioners, from three years prior to assuming the position, shall be free of having served in full-time party-affiliated positions, or having participated in civil servant elections, or having served in paid positions or as consultants at a government agency or a state-run enterprise, or having served in paid positions or as consultants as assigned by a government agency or a state-run enterprise. This does not apply to Commissioners that have been appointed as per this Act, or civil servants that have been hired by the Civil Servant Hiring Act or other related laws.

1The NCC is to exercise its functions independently in accordance with the law.

2Commissioners are to perform their duties independently transcending from partisan politics, and throughout their terms, shall stringently abide by the conflict of interest recusal principle, and may not participate in political party activities or serve in government agencies or state enterprise positions or as consultants, and also may not serve in a communications enterprise or organization in a full or part-time capacity.

3Commissioners, within three years upon resignation, may not serve as directors, auditors, managers, or as shareholders or consultants of a profit entity which executes the business directly related to his or her duties within five years prior to the resignation date.

4Commissioners, within three years upon resignation, may not contact or handle, directly or indirectly, any pertinent business to the agency where a commissioner once worked or an agency a commissioner once belonged to on his or her own behalf or on the behalf of others on matters presenting directly conflict of interest to his or her previous functions within five years prior to the resignation date.

1All matters under NCC purview, except those that Commission Meeting resolutions delegated to internal units through government hierarchy responsibility, shall be implemented through resolutions voted before a Commission Meeting.

2The following items shall be discussed before a Commission Meeting for resolutions, and may not be authorized as cited in the preceding paragraph:

3I. Formulating, reviewing, and governing communications supervisory policies and systems.

4II. Reviewing and evaluating critical communications plans and proposals.

5III. Formulating, reviewing, and governing policies and systems for internet communications.

6IV. Reviewing and evaluating critical internet communications plans and proposals.

7V. Reviewing and governing the formulation, drafting, amendment and abolition of the communications-related laws and regulations.

8VI. Reviewing and governing announcements of the communications industry, concession cases and ruling cases involving the acquisition, modification or cessation of communications enterprise management rights.

1The NCC is to convene a Commission Meeting on a weekly basis, and may convene interim meetings when deemed necessary.

2At the Commission Meeting , the Chairperson is to act as the meeting chair, and in the event where the Chairperson should be indisposed to attend the meeting, the Vice Chairperson is to act on behalf of the Chairperson; in the event where both the Chairperson and the Vice Chairperson should be indisposed to attend the meeting, a presiding commissioner is to be nominated among the councils to act as the meeting chair.

3All resolutions voted before a meeting shall be valid at the consent of over half of the total seats on the Commission Meeting. Each commissioner may present concurring opinions or dissenting opinions on this particular resolution, which are to be announced alongside the meeting resolutions.

4The NCC, by obtaining a resolution voted before a Commission Meeting, may convene a subcommittee meeting.

5Commissioners, in pursuant to the Commission Meeting resolution, are to supervise pertinent NCC operations as per their respective expertise and NCC responsibilities through professional task-sharing.

6When convening a Commission Meeting, the NCC may extend invitations to scholars and experts to attend the meeting, and may also extend invitations to relevant agencies, enterprises or organizations to dispatch representatives to present explanations, present facts, or offer opinions.

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The NCC is to appoint a Secretary General, with the position enlisted as an abridged appointment of position rank twelve.

The official titles and member counts of the commission’s various functions are to be promulgated separately by way of compiling an organizational chart.

The NCC may, upon consulting with competent police administrative authorities, install a full-time police body, who is to assist in enforcing matters that breach communications laws and regulations.

1The staffing expenditure required of the Commission shall be allocated as legally stipulated by budgetary procedure; Commissioners may receive remunerations that the Executive Yuan has approved and finalized for investigation and research purposes.

2The Commission shall establish a Communications Supervisory Fund（hereinafter referred to as the Supervisory Fund）as per stipulations set forth under Article 4 of the Fundamental Communications Act; its source of funding is as follows:

3I. Funding appropriations by the government through budgetary procedure.

4II. Five to fifteen percent of the proceeds derived from managing the supervision of communications operations by the government for the legally designated collection of fees from enterprises under NCC purview in the form of concession fees, permit fees, frequency utilization fees, telecommunications number-port utilization fees, review fees, certification fees, review/inspection fees, licensing fees, registration fees, and other regulatory fees. However, this excludes proceeds derived from quota, frequencies, and other fixed quantity or fixed amount of concession licenses the government grants through public auctions or tendering.

5III. Interest accrued on the fund.

6IV. Other incomes.

7Uses of the Supervisory Fund are as follows:

1Prior to the induction of the act, existing working personnel at the Department of Posts and Telecommunications, Ministry of Transportation and Communications, the Directorate General of Telecommunications, Ministry of Transportation and Communications, and the Department of Radio and Television Affairs, Government’s Information Office, Executive Yuan that have been relocated to the NCC along with the operations, their government service rankings, positions, service seniority, remunerations, retirement pension, severance package, bereavement compensation, and other benefits and working conditions shall be protected.

2The foresaid personnel who have been transferred and appointed as per stipulations set forth under Paragraph 1, Article 8 of the Transportation Enterprise Personnel’s Hiring Act shall still fall under the previous transferred appointment stipulations. However, when revamped to other non-transportation agency positions, the transferred appointment shall still be implemented as per stipulations set forth under Paragraph 2, Article 8 of the Transportation Enterprise Personnel’s Hiring Act.

3Personnel that are described in the preceding Paragraph 1 whose new position remunerations are lower than that of their previous positions, their base remunerations (the yearly remunerations) are to be dispensed in commensurate to stipulations set forth under Article 11 of the Civil Service Pay Act, and their technical or professional stipends that are lower than their previous dispensed amount are allowed to make up the deficient amounts. The deficient amounts are to be adjusted and reconciled alongside the pay remunerations. Supervisory personnel who have been adjusted as non-supervisory personnel are no longer eligible to dispense the supervisory positional stipends.

4Personnel that are described in the preceding Paragraph 1 who are of the retained personnel following the revamp of the Directorate General of Telecommunications on July 1, 1996, and of the equivalent retained who have been transferred between July 1, 1996 and June 30, 1998 from Chung Hwa Telecom Company, Limited to the Directorate General of Telecommunications who have chosen to receive the full supplement of remunerations differential amounts before and after the system revamp but have yet to reconcile the dispensation may still be eligible for implementation of making up the remuneration deficient amounts before and after the system revamp.

1The Executive Yuan shall prescribe by order the implementation date of this Act.

2The revision of Article 4 made on 16th July of 2024 and the revision of Article 16 made on 15th November of 2024 of the Republic of China take effect on 1st December of 2024.