衛星廣播電視法

This Act is enacted to promote the sound development of the satellite broadcasting industry, to safeguard the audio-visual rights and interests of the public, to maintain the audiovisual diversity, to promote the development of the ROC's communications industry in the international community, and to strengthen regional cultural exchanges.

1The terms used in this Act shall be defined as follows:

21. Satellite Broadcasting: Refers to the transmission of sound or visual signals, via satellite, for audio and visual reception by the public;

32. Satellite Broadcasting Business: Refers to a direct satellite broadcasting service operator or a satellite broadcasting program supplier;

43. Direct Satellite Broadcasting Service Operator (referred to hereinafter as "service operator"): Refers to a business which uses its own or others' facilities to provide satellite broadcasting services and directly charge subscribers for the service;

54. Satellite Broadcasting Program Supplier (referred to hereinafter as "program supplier"): Refers to a legal entity which transmits programs or advertisements, via satellite, to public audio and visual broadcasting platform with its own transponders or channels or those rented from satellite transponder operators;

65. Foreign Satellite Broadcasting Business: Refers to a foreign satellite broadcasting operator which transmits, via satellite, programs or advertisements to areas within the jurisdiction of the Republic of China;

76. Satellite Transponder (referred to hereinafter as "transponder"): Refers to the communications relay facilities set up on the satellite to receive the up-link signals sent out from earth stations, and then transmit them back to earth stations after they are transponded to the down-link frequencies.

The regulatory agency of this Act is National Communications Commission.

1The organization of a satellite broadcasting business shall be a company limited by shares or a foundation.

2The minimum paid-in capital and total endowment assets of a satellite broadcasting business shall be prescribed by the regulatory agency.

3The total shares of a satellite broadcasting business directly held by foreign shareholders shall be less than 50 percent of the total shares issued by the said business.

1The government and political parties, as well as foundations established with their endowments, and those commissioned by them, shall not directly or indirectly invest in satellite broadcasting businesses.

2Unless otherwise provided by law, the government and political parties shall not provide endowments for the establishment of a satellite broadcasting business.

3Existing situations involving the government, political parties, as well as foundations established with their endowments, and those commissioned by them, that do not meet the provisions of one of the preceding two Paragraphs prior to the implementation of the revision of this Act, shall be corrected within two years of the implementation of this Act.

4Political party workers, political appointees, and elected public officials shall not invest in satellite broadcasting businesses. Total shareholdings by their spouses, relatives by blood within the second degree of relationship, and lineal relatives by marriage, shall not exceed 1 percent of the issued shares of a satellite broadcasting business. Existing situations involving satellite broadcasting businesses that do not meet these provisions prior to the implementation of the revision of this Act shall be corrected within two years of the implementation of the revision of this Act.

5The government, political parties, political workers, and elected public officials shall not be promoters, directors, supervisors, or managerial officers of a satellite broadcasting business. Those who hold these positions prior to the implementation of the revision of this Act shall be relieved of their duties by the satellite broadcasting business within six months of the implementation of the revision of this Act.

1To operate a satellite broadcasting business, an applicant shall complete and submit an application form, along with an operations plan, to the regulatory agency. Satellite broadcasting operation shall begin after the regulatory agency approves the application and issues a satellite broadcasting business license

2To operate a direct satellite broadcasting business, a foreign satellite broadcasting business shall complete and submit an application form, along with an operations plan, to the regulatory agency by its branch office located in the Republic of China. Satellite broadcasting operation shall begin after the regulatory agency approves the application and issues a satellite broadcasting business license.

3To operate a satellite channel and program supply business, a foreign satellite broadcasting business shall complete and submit an application form, along with an operations plan, to the regulatory agency by its branch office or agent located in the Republic of China. Satellite broadcasting operation shall begin after the regulatory agency approves the application and issues a satellite broadcasting business license.

4The approval procedures, examination items, assessment standards and other regulatory matters shall be enacted by the regulatory agency.

1To provide a direct satellite broadcasting business, an applicant shall explicitly include the following details in the operations plan:

21. The name, nationality, frequency, and transponder of the satellite; the number of satellite channels; and the reception area of the satellite signals;

32. The initial date of operation;

43. Financial structure and personnel organization;

54. Channel and program planning;

65. Internal control mechanism;

76. Methods of operation and plan for technological development;

87. Rates and their calculation formula; and

98. Other items, as specifies by the regulatory agency.

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1To provide satellite channel and program supply business, an applicant shall explicitly include the following details in the operations plan:

21. The number of operating channels, channel name and the method of transmitting signals;

32. The initial date of operation;

43. Program planning;

54. Proposals of broadcasting programs that promote our nation’s culture;

65. Internal control mechanism and program editorial system;

76. Rates and their calculation formula;

87. Other items, as specified by the central regulatory agency.

9While planning the programs, satellite channel and program supply business shall take the content diversity into consideration, protect human dignity, fulfill social responsibility and protect the culture of our nation.

Should the application or operations plan of satellite broadcasting business or the branch or agent of a foreign satellite broadcasting business be incomplete, the regulatory agency shall notify the applicant to make up the documents in time. If an applicant fails to do so by the given time, the application shall be rejected.

1Where an applicant of satellite broadcasting business is having any of the following situations, the application shall be rejected with reasons stated.

21. Violation of Article 4 or Article 5

32. The applicant’s director, supervisor or the applicant is a company in preparation; the promoter violates Article 30 of Company Act; or the director, supervisor or manager of the satellite broadcasting business has been sentenced to imprisonment for committing crime with the job position and the sentence has not been completed or three (3) years have not elapsed since the date of sentence completion, the expiration of probation period, or the pardon of such punishment.

43. The applicant’s operations plan may violate compulsory or prohibitive regulations under the law, or adversely affect the national security, overall industrial development, public order or good social customs.

54. The applicant does not have sufficient capital and capability for executing the operations plan.

65. The applicant had its satellite broadcasting business license revoked or abolished less than two years due to the violation of this Act.

7Should the branch office or agent of a foreign satellite broadcasting business that applies for the engagement of satellite broadcasting business operations violates any situations stated in Subparagraph 3 through 5 in preceding Paragraph, the application shall be rejected with reasons stated.

1The license of the satellite broadcasting or the branch office or agent of a foreign satellite broadcasting business is valid for six years.

2The validity of the license of a foreign satellite broadcasting business’ agent depends on the agency right period stated in the agency agreement, which shall not exceed six years.

A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall not have the operations authorized to a third party or have its license leased, lent, transferred, or assigned to a third party unless stipulated by law.

1A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall receive regulatory agency’s permission before installing the earth station.

2The application and permission procedures, installation, examination, issuance / renewal / reissuance of license, abolishment of permit, installation and use management, use frequency, engineer qualifications and evaluation system, and other regulatory matters of the earth station stated in preceding Paragraph shall be enacted by the regulatory agency.

1Anyone who obtains the satellite broadcasting business license and the branch office or agent of a foreign satellite broadcasting business shall initiate the broadcasting according to the date stated in operations plan. Those who are unable to initiate the operations on time shall apply for an extension and submit it to the regulatory agency. The extension shall not exceed six months and is limited to one time only.

2Anyone who obtains the satellite broadcasting business license and the branch office or agent of a foreign satellite broadcasting business and do not initiate the broadcasting according to the date stated in operations plan or within the approved extension period will have the permit abolished and the satellite broadcasting business license revoked.

1When a change is made to an application form and/or operations plan that has already been approved, a satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall file for approval of the changes with the regulatory agency in advance. This provision shall not apply to changes in the contents specified in Subparagraph 3 of Paragraph 1 of Article7.

2If the change mentioned in the preceding Paragraph involves registration of establishment, the said business shall first obtain approval from the regulatory agency before it proceeds with business establishment or the change of registration.

3If the content of changes mentioned in preceding two Paragraphs is having any situation stated in Subparagraph 1 through Subparagraph 4 of Paragraph 1 of Article 10, the application shall be rejected with reasons stated.

1When a change is made to the license of a satellite broadcasting business or the branch office or agent of a foreign satellite broadcasting business, an application for a new license shall be filed with the regulatory agency within 15 days after the change. In the event that the license is lost, an application for its re-issuance shall be filed within 15 days after the loss.

2If the change mentioned in the preceding Paragraph involves registration of establishment, the said business shall first obtain approval from the regulatory agency before it proceeds with business establishment or the change of registration.

1Three years after the satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business acquire the license, the regulatory agency shall conduct an assessment based on the operations plan execution report provided by the said business.

2Should the assessment results mentioned in the preceding Paragraph reveal the said business has failed to live up to the operations plan, the regulatory agency shall notify the said business to make corrections within a specified period of time. In the event that no corrections are made, the regulatory agency shall revoke the satellite broadcasting operation permit and cancel the satellite broadcasting business license.

3The assessment procedures, examination items, assessment standards and other regulatory matters shall be enacted by the regulatory agency.

1Six months prior to the expiry date of the license, a satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall complete and submit an application form, along with an operations plan for license renewal operations, to the regulatory agency.

2In addition to examining the application form and operations plan mentioned in preceding Paragraph, the regulatory agency shall evaluate the following circumstances, when reviewing the application for license renewal.

31. Evaluation of the execution of the operations plan and any improvements;

42. Record of violations of the Act;

53. Record of infringing others' rights by broadcasting certain programs and advertisements; and

64. Handling of disputes with subscribers.

75. Financial status

86. Other circumstances that can affect the operations

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The regulatory agency shall conduct an examination according to Paragraph 2 of preceding Article. In the event that the applicant is potentially having a bad operation, the regulatory agency shall notify the applicant to make up the documents in time. If an applicant fails to do so by the given time or the supplemented sections are still incomplete, the application shall be rejected.

1The regulatory agency shall summon satellite broadcasting business application, establishment, assessment and license renewal advisory meetings to discuss the following proceedings and to provide advices accordingly.

21. The application, installation, assessment and license renewal of the satellite broadcasting business, foreign broadcasting business and other type channel and program supply business.

32. Other things to be done per the request of regulatory agency

4The advisory meeting mentioned in preceding paragraph shall have nine to eleven members, where the number of any gender shall not be less than one-third of the total number of members, including:

51. Two representatives of the regulatory agency;

62.Three to four representatives of public interest groups selected and employed according to the channel and program category;

73.Three to four experts/scholars;

84.One representative of the national satellite broadcasting association;

1When a domestic or foreign satellite broadcasting business plans to suspend or terminate the operations of one or all the channels, the said business or its branch office or agent shall submit a written report to the regulatory agency three months in advance, and notify its subscribers one month in advance.

2The period of suspension of operations mentioned in the preceding Paragraph shall not exceed six months and is limited to one time only.

1The produced and broadcasted news or other satellite channel and program supply business designated by the regulatory agency shall establish an independent self-regulatory mechanism that accepts audience’s appeal related to the accuracy, balance and taste of the broadcast content. The said mechanism shall also submit specific reports to the regulatory agency and make such report open information.

2The self-regulatory mechanism mentioned in preceding Paragraph shall be reported to the regulatory agency for future reference.

A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall put logo on the program and advertisement pictures.

The number of shopping channels of a direct satellite broadcasting business and the branch office of a foreign satellite broadcasting business that operates direct satellite broadcasting business shall be less than ten percent of the total channels.

1A direct satellite broadcasting business and the branch office of a foreign satellite broadcasting business that operates direct satellite broadcasting business shall not treat satellite channel and program supply business and the branch office or agent of a foreign satellite channel supply business differently without justification.

2A satellite channel and program supply business and the branch office or agent of a foreign satellite channel supply business that provides satellite channel and program supply service shall not treat cable radio/television system operator (including the cable television program broadcasting system), direct satellite broadcasting service business or other public audio and visual broadcasting platforms differently without justification .

3The scope of the public audio and visual broadcasting platform mentioned in preceding Paragraph shall be announced by the regulatory agency and be published in the Government Gazette.

1In the event of a natural disaster or emergency, the regulatory agency may direct satellite broadcasting businesses to broadcast specific programs or messages.

2When the situation mentioned in the preceding Paragraph no longer exists, the regulatory agency shall immediately notify the said businesses to revert to broadcast of regular programming.

3Regulations for dealing with natural disasters and emergencies applied to cable radio and television system operators shall apply to satellite broadcasting businesses mutatis mutandis.

1The content of the program and advertisement produced and broadcasted by a satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall respect cultural diversity, protect human dignity and fulfill social responsibility.

2The produced and broadcasted news and comments shall pay attention to fact verification and principles of fairness.

3The contents of programs or advertisements transmitted by a satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall not:

41. Violate compulsory or prohibitive regulations under the law;

52. Impair the physical or mental health of children or juveniles; or

63. Disrupt public order or adversely affect good social customs.

74. The produced and broadcasted news violates the principle of fact verification and caused damage on public interest.

8A satellite broadcasting business or the branch office or agent of a foreign satellite broadcasting business is involved in any of the cases mentioned in Subparagraph 4 of preceding Paragraph shall be investigated by the self-regulatory mechanism established by the said business and then made into an investigation report. The said report shall then be submitted to the regulatory agency for deliberation.

1A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall classify its broadcasted television programs.

2To protect the physical and mental health of children and their visual and audio rights and benefits, the regulatory agency shall make restrictions on the content and hours of the advertisements broadcasted in channels or programs specially designed for the children.

3The program level and audience age mentioned in Paragraph 1, and the advertisement content, time limit and other regulatory matters shall be enacted by the regulatory agency.

1The regulatory agency may broadcast designated program or advertisement in specific time slot or broadcast it under encryption.

2A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall report the encryption method to the regulatory agency for approval.

Programs broadcasted by a satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall be readily recognized and be distinguished with inserted advertisement. However, this shall not apply to what is provided for in this Act.

1A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall not have any one of the following actions:

21. To broadcast a program or advertisement that is financed, produced or sponsored by the government and is related to persons planning to participate in campaign

32. To broadcast a program or advertisement that is financed, produced or sponsored by the government and is based on the topics of persons planning to participate in campaign

43. To broadcast a placement marketing program commissioned by the government.

54. To broadcast a program that is commissioned by the government and does not reveal messages financed, produced, sponsored or subsidized by the government.

6A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall not make placement marketing in news report and children program.

7When the program provided by a satellite broadcasting business or the branch office or agent of a foreign satellite broadcasting business is classified as placement marketing by the regulatory agency, the said business shall not purposely affect the edit of program content, directly encourage the purchase of objects or service, or exaggerate the effect of product. Besides, the said business shall explicitly reveal the placer information before and after the program broadcast in accordance with relevant rules.

Upon acceptance of sponsorship, a satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business shall reveal the sponsor information before and after the broadcast of the program. The sponsor information can also appear in programs of sporting events or cultural/artistic activities under the premise of not affecting the benefits and rights of the viewers.

1The duration of placement marketing and displaying the sponsor information shall not be counted in the duration of advertisements according to Paragraph 3 of Article 31 and preceding Article.

2The category of placement marketing programs; identification of news/report, children, sporting event and cultural/artistic activity programs; readily recognition and distinction of programs and inserted advertisements; methods of the placement marketing and sponsor information being applied or revealed; and restrictions and other regulatory matters shall all be enacted by the regulatory agency.

1A satellite broadcasting business shall not use inserted characters, except under the following circumstances:

21. To report a natural disaster or emergency;

32. To publicize public service information;

43. To announce a change of channel or program;

54. To release non-commercial and information related to the program being broadcast; or

65. As stipulated by other laws or regulations.

1When the contents of an advertisement require the legal approval of central industry competent authorities, certification of approval for the said advertisement shall be obtained before it is transmitted.

2The preceding Paragraph shall apply mutatis mutandis to advertisements transmitted by a foreign satellite broadcasting business on products or services circulated in the Republic of China.

1The duration of advertisements broadcasted by a satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall not exceed one-sixth of the total transmission time of each program.

2The word "advertisement" shall be displayed on the screen, in the event that one single advertisement lasts more than three minutes or an advertisement is transmitted in the form of a program.

3Advertisements can appear in the broadcast of sporting event or cultural/artistic activities at the right timing in the circumstances of not interrupting the program.

4The program starting and ending time, advertisement transmission method and the number of advertisements distributed to each time slot shall be enacted by the regulatory agency.

1A satellite broadcasting business or the branch office or agent of a foreign satellite broadcasting business that has established a shopping channel shall not be limited to Article 34 and Paragraph 1 and Paragraph 2 of preceding Article.

2Regarding inserted characters in shopping channels, the specific use standards, methods and other regulatory matters shall be enacted by the regulatory agency.

A direct satellite broadcasting business and the branch office of a foreign satellite broadcasting business that operates direct satellite broadcasting business shall not broadcast programs or advertisement of satellite channel and program supply business, foreign satellite broadcasting business and other type channel and program supply business that has not been approved in accordance with Article 6 or Article 64 where Paragraph 1 of Article 6 apply.

The regulatory agency may, if it deems necessary, request a satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business to provide a program or an advertisement within 20 days after the transmission of the said program or advertisement.

When a commentary in a satellite broadcasting program involves individuals, institutions, or organizations to the extent that the rights and interests of the involved party are impaired, the request by the said party for a commensurate opportunity to respond shall not be rejected.

A satellite broadcasting business may transmit a domestically produced program overseas to facilitate cultural exchanges and shall comply with international satellite broadcasting conventions and practices.

1A direct satellite broadcasting business and the branch office of a foreign satellite broadcasting business that operates a direct satellite broadcasting business shall sign a written contract with subscribers.

2The content of the contract mentioned in preceding Paragraph shall include:

31. Rates and restrictions on fee adjustment;

42. Numbers and names of channels, and period of authorization;

53. Restrictions on the use of subscriber' basic data;

64. Conditions for compensation in the event that a domestic or foreign satellite broadcasting business is penalized with termination of transmission, or abolishment/revocation of permit;

75. Conditions for giving compensation to subscribers whose rights to visual and audio reception are likely to be impaired in the event that the signals of the subscribed channels are interrupted without justification;

86. Validity of the contract;

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1A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall regularly file the operation status every year according to items designated by the regulatory agency.

2Should the regulatory agency determine that the satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business is inappropriately operated so as to impair, or be likely to impair, the rights and interests of the subscribers, it shall notify the said business or the branch office or agent of the said foreign satellite broadcasting business to rectify the situation within a specified period of time or to take other necessary measures.

3A satellite broadcasting business and the branch office or agent of a foreign satellite broadcasting business shall promptly handle subscribers or audience's complaints and shall retain the files of such complaints for three months. The regulatory agency may request the said business to respond to the subscribers in writing or in relevant programs.

If an involved party considers a satellite broadcasting program or advertisement to be erroneous, the said party may request a correction within 20 days of its broadcast. The satellite broadcasting business shall make the correction in the same program or advertisement in the same time slot, within 10 days of receiving the request. If the satellite broadcasting business considers that there has been no error in the program or advertisement, it shall state its reasons in a written response to the said party.

1Should the broadcast content of a direct satellite broadcasting business and the branch office of a foreign satellite broadcasting business result in damages of another person’s name, reputation, privacy, credit, portrait, personality, and other benefits and rights, the victim may apply to the court for removing the content of that part or for making necessary rectification. Those with concerns of infringement may request for prevention.

2A satellite broadcasting business or the branch office or agent of a foreign satellite broadcasting business that unlawfully infringes upon other people’s rights on purpose or due to negligence shall be liable for the damage and compensation in accordance with the Civil Code.

1A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business shall be fined an amount from NT$300,000 up to NT$3,000,000 and be demanded to suspend the operations in the event of one of the following. If the said business refuses to suspend the operations, the fine may be imposed consecutively and enforcement of dismantling or confiscating the facilities will be conducted accordingly:

21. Violation of Paragraph 1 through 3 of Article 6 or Paragraph 1 of Article 64 where Paragraph 1 of Article 66 apply.

32. A continuation of the operations after the abolishment or revocation of permit.

Other type channel and program supply business that Paragraph 3 or Paragraph 4 of Article 64 shall be fined an amount from NT$300,000 up to NT$3,000,000 and be demanded to suspend the operations. The fines may be imposed consecutively if the said business refuses to suspend the operations.

1A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business shall be fined an amount from NT$400,000 up to NT$2,000,000 and be demanded to suspend the program or advertisement transmission:

21. Violation of Subparagraph 1 of Paragraph 3 of Article 27 or Paragraph 1 of Article 64 where Subparagraph 1 of Paragraph 3 of Article 27 apply.

32. Violation of time slot or methods of broadcasting the program or advertisement prescribed by the regulatory agency as stated in Paragraph 1 of Article 29 or Paragraph 1 of Article 64 where Paragraph 1 of Article 29 apply.

43. Violation of Paragraph 1 and Paragraph 2 of Article 31 or Paragraph 1 of Article 64 where Paragraph 1 and Paragraph 2 of Article 31 apply.

5A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business that refuses follow the disposition of suspending the broadcast of program or advertisement in accordance with preceding Paragraph shall suspend the broadcast of that channel for three to ninety days. Those that refuse to suspend the broadcast will have their permit abolished and license revoked.

1A satellite broadcasting business, foreign broadcasting business or other type channel and program supply business shall be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively or the said business may have its permit abolished and license revoked for failure to make corrections by the prescribed deadline:

21. Violation of Paragraph 1 and Paragraph 3 of Article 4, or Paragraph 1 of Article 64 where Paragraph 1 and Paragraph 3 of Article 4 apply.

32. Violation of the minimum paid-in capital and total endowment assets prescribed by the regulatory agency as stated in Paragraph 2 of Article 4 or Paragraph 1 of Article 64 where Paragraph 2 of Article 4.

A satellite broadcasting business, foreign broadcasting business or other type channel and program supply business that violates Paragraphs 1 through Paragraph 5 of Article 5 or Paragraph 1 of Article 64 where Paragraphs 1 through Paragraph 5 of Article 5 apply shall be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to make corrections by a prescribed deadline. The fine may be imposed consecutively or the said business may have its permit abolished and license revoked for failure to make corrections by the prescribed deadline

A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business or other type channel and program supply business that has failed to make corrections by the deadline prescribed by the regulatory agency according to Paragraph 2 of Article 17 or Paragraph 1 of Article 64 where Paragraph 2 of Article 17 apply shall be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to make corrections by a prescribed deadline. The fine may be imposed consecutively or the said business may have its permit abolished and license revoked for failure to make corrections by the prescribed deadline.

1A satellite broadcasting business, the branch office and agent of a foreign satellite broadcasting business, and other type channel and program supply business shall be warned or be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to make corrections by the prescribed deadline in the event of one of the following. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline

21. Violation of the broadcast time slot and ratio restriction of domestic program as stated in Paragraph 4 of Article 8 or Paragraph 1 of Article 64 where Paragraph 4 of Article 8 apply;

32. Failure to apply for changes of the operations plan during the period as stated in Paragraph 5 of Article 8 or Paragraph 1 of Article 64 where Paragraph 5 of Article 8 applies;

43. Violation of the program level, restrictions on the audience age, advertisement content, time limit or other regulatory matters as stated in Paragraph 3 of Article 28 or Paragraph 1 of Article 64 where Paragraph 3 of Article 28 applies;

54. Violation of Article 30 or Paragraph 1 of Article 64 where Article 30 applies;

65. Violation of Paragraph 1 of Article 36 or Paragraph 1 of Article 64 where Paragraph 1 of Article 36 applies;

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1A satellite broadcasting business, the branch office and agent of a foreign satellite broadcasting business, and other type channel and program supply business shall be fined an amount from NT$200,000 up to NT$2,000,000 and be demanded to suspend the program or advertisement or to take necessary rectification measures:.

21. Violation of Article 24.

32. Violation of Subparagraph 2 through Subparagraph 4 of Paragraph 3 of Article 27 or Paragraph 1 of Article 64 where Subparagraph 2 through Subparagraph 4 of Paragraph 3 of Article 27 apply.

1A satellite broadcasting business, the branch office and agent of a foreign satellite broadcasting business, and other type channel and program supply business shall be fined an amount from NT$200,000 up to NT$2,000,000 in the event of one of the following:

21. Violation of Paragraph 3 of Article 31 or Paragraph 1 of Article 64 where Paragraph 3 of Article 31 applies;

32. Violation of Article 32 or Paragraph 1 of Article 64 where Article 32 applies;

43. Violations of readily recognition and distinction of programs and inserted advertisements; methods of the placement marketing and sponsor information being applied or revealed; and restrictions and other regulatory matters shall all be enacted by the regulatory agency as stated in Paragraph 2 of Article 33 or Paragraph 1 of Article 64 where Paragraph 2 of Article 33 applies;

54. Violation of Paragraph 2 of Article 36 or Paragraph 1 of Article 64 where Paragraph 2 of Article 36 applies

65. Violation of advertisement transmission method and the number of advertisements distributed to each time slot as stated in Paragraph 4 of Article 36 or Paragraph 1 of Article 64 where Paragraph 4 of Article 36 applies.

A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business that violates Article 35 or Paragraph 1 of Article 64 where Paragraph 1 of Article 35 apply shall be fined an amount from NT$200,000 up to NT$2,000,000 and be notified to immediately suspend the broadcast. The fine may be imposed consecutively if the said business refuses to suspend the broadcast.

Direct satellite broadcasting service business, branch office of foreign satellite broadcasting business that operates direct satellite broadcasting business shall be fined an amount from NT$200,000 up to NT$2,000,000 and be prohibited to broadcast the channel program or advertisement if the said business violates Article 38. The fine may be imposed consecutively or the said business may have its permit abolished and license revoked for failure to stop the broadcasting.

Should a satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business, or other type channel and program supply business evades, disturbs or refuses regulatory agency’s action of asking for the program, advertisement and other relevant information in accordance with Article 30 or Paragraph 1 of Article 64 where Article 39 applies shall be fined an amount from NT$200,000 up to NT$2,000,000 and be demanded to provide the said information by a prescribed deadline. The fine may be imposed consecutively for failure to provide the said information by a prescribed deadline.

A satellite channel and program supply business, the branch office and agent of foreign satellite channel business or other type channel and program supply business that violates Article 22 or Paragraph 1 of Article 64 where Article 22 apply shall be warned or be fined an amount from NT$200,000 up to NT$1,000,000 and be notified to make corrections by the prescribed deadline. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline.

1A satellite broadcasting business, the branch office and agent of foreign satellite broadcasting business and other type channel and program supply business shall be warned or be fined an amount from NT$200,000 up to NT$1,000,000 in the event of one of the following:：

21. Violation of Article 23 or Paragraph 1 of Article 64 where Article 23 apply

32. Violation of the use of inserted characters as stated in Article 34 or Paragraph 1 of Article 64 where Article 34 apply

43. Violation of Paragraph 3 of Article 36 or Paragraph 1 of Article 64 where Paragraph 3 of Article 36 apply.

54. Violations of the specific use standards, methods or other regulatory matters of inserted characters as stated in Paragraph 2 of Article 37 or Paragraph 1 of Article 64 where Paragraph 2 of Article 37 apply.

A satellite broadcasting business, the branch office and agent of foreign satellite broadcasting business and other type channel and program supply business that violates Article 12 or Paragraph 1 of Article 64 where Article 12 applies shall be fined an amount from NT$100,000 up to NT$1,000,000 and have its permit abolished and license revoked.

1A satellite broadcasting business, the branch office and agent of foreign satellite broadcasting business and other type channel and program supply business shall be warned or be fined an amount from NT$100,000 up to NT$1,000,000 and be demanded to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline:

21. Violations of Paragraph 1 and Paragraph 2 of Article 15 or Paragraph 1 of Article 64 where Paragraph 1 and Paragraph 2 of Article 15 apply;

32. Violation of Article 16 or Paragraph 1 of Article 64 where Article 16 applies;

43. Violation of Article 21 or Paragraph 1 of Article 64 where Article 21 applies;

54. Violation of broadcasting specific programs or messages directed by the regulatory agency as stated in Paragraph 1 of Article 26 or Paragraph 1 of Article 64 where Paragraph 1 of Article 26 applies;

65. Violation of Paragraph 2 of Article 29 or Paragraph 1 of Article 64 where Paragraph 2 of Article 29 applies;

76. Violation of following the order of regulatory agency to make corrections or take other necessary measures as stated in Paragraph 2 of Article 43 or Paragraph 1 of Article 64 where Paragraph 2 of Article 43 applies.

1A satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business or other type channel and program supply business shall be fined an amount from NT$100,000 from NT$500,000 and be notified to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline.

21. Violation of Paragraph 1 of Article 13

32. Violations of the permission procedures, installation, examination, issuance / renewal / reissuance of license, abolishment of permit, installation and use management, use frequency, engineer qualifications and evaluation system, and other regulatory matters of the installation of earth station stated in Paragraph 2 of Article 13 or Paragraph 1 of Article 64 where Paragraph 2 of Article 13 applies.

1A satellite broadcasting business, the branch office and agent of foreign satellite broadcasting business and other type channel and program supply business shall be warned or fined an amount from NT$60,000 from NT$300,000 and be notified to make corrections by a prescribed deadline in the event of one of the following. The fine may be imposed consecutively for failure to make corrections by the prescribed deadline:

21. Violation of Paragraph 1 and Paragraph 3 of Article 42 or Paragraph 1 of Article 64 where Paragraph 3 of Article 42 apply;

32. The content of the written contract or sample of the viewer contract for subscribers violates Paragraph 2 and Paragraph 5 of Article 42 or Paragraph 1 of Article 64 where Paragraph 5 of Article 42 applies;

43. Violation of Paragraph 6 of Article 42 or Paragraph 1 of Article 64 where Paragraph 6 of Article 42 applies, where the said business fails to change the content of written contract or sample of the viewer contract for subscribers according to regulatory agency’s orders or fails to do so within the deadline prescribed by the regulatory agency;

54. Violation of Paragraph 1 of Article 43 or Paragraph 1 of Article 64 where Paragraph 1 of Article 43 apply;

65. Violation of Paragraph 3 of Article 43 or Paragraph 1 of Article 64 where Paragraph 3 of Article 43 apply, where the said business fails to promptly handle complaints, retain the files of such complaints for three months, or reply to the subscriber or audience as requested by the regulatory agency.

1The provisions of Article 4, Article 5, Paragraph 1 and Paragraph 4 of Article 6, Paragraphs 1 through Paragraph 5 of Article 8, Article 9, Paragraph 1 and Paragraph 3 of Article 10, Paragraph 1 of Article 11, Articles 12 through Article 19, Articles 21 through Article 23, Articles 25 through Article 34, Paragraph 1 of Article 35, Article 36, Article 37, Articles 39 through Article 41, Paragraphs 3 through Paragraph 6 of Article 42, and Articles 43 through Article 45 shall apply mutatis mutandis to operation permit, operation management, program and advertisement management, and right protection of other type channel and program supply business unless otherwise provided by law.

2Anyone who has operated other type channel and program supply business prior to the amendment of this Act made on the 18th of December 2015 shall apply for a permit within four years after the date of promulgating the amendment of this Act in accordance with the law.

3Anyone who has operated other type channel and program supply business prior to the amendment of this Act made on the 18th of December 2015 fails to submit its application before the prescribed deadline as stated in preceding Paragraph shall not carry on the operations starting from the deadline.

4Anyone who has operated other type channel and program supply business prior to the amendment of this Act made on the 18th of December 2015 to submit its application before the prescribed deadline as stated in Paragraph 2 of the Article shall not carry on the operations starting from one month after it has been received by the receiving date of rejection notices.

5Anyone who has operated other type channel and program supply business prior to the amendment of this Act made on the 18th of December 2015 ,whose operating program and advertisement management and right protection of continuously operating period shall be handled in accordance with the provision of Paragraph 1, within the period from the date of promulgating the amendment of this Act to that of obtaining operation permit in accordance with the law, and shall be counted as other type channel and program supply business.

1The regulatory agency may dispatch personnel with certified documents to conduct an investigation on a satellite broadcasting business, the branch office or agent of a foreign satellite broadcasting business or other type channel and program supply business. The regulatory agency may also request the said business to submit a report, provide inform or follow other cooperative measures based on its facility status and provisions of this Act.

2The said business shall not evade, disturb or refuse requests and investigations stated in preceding Paragraph.

The regulatory agency shall charge the applicants review and license fees for processing the applications for review and issuance of license, in accordance with this Act. The standards for the said fees shall be set by the regulatory agency.

1Where disposition made by the competent authority pursuant to this Act are objected or challenged, the procedures for administrative litigation shall apply directly. where disposition or decisions made by the competent authority pursuant to other Acts are objected or challenged,the same rule shall apply.

2Where administrative appeal cases are not concluded prior to the enactment of the amendment of this Act, they shall be concluded in accordance with the Administrative Appeal Act.

The Enforcement Rules for this Act shall be established by the regulatory agency.

The Act shall take effect from the date of promulgation.