National Communications Commission (NCC) has Adopted New Guidelines for Review of Satellite Radio/Television Programs Channel Broadcasting Permit Applications

Taiwan's telecommunication and broadcasting regulator, the NCC, has effectuated new guidelines for its review of applications for domestic and offshore satellite radio/television program channel broadcasting permits. According to the new guidelines, all said applications are to be reviewed by a special examination committee that is to be organized by the NCC and that will consist of 13 to 15 members. Among them, 8 to 9 shall be designated by the NCC and chosen from among industry experts and scholars, 3 to 4 shall be chosen from the general public, and the remaining 2 members will be from the NCC itself. Any resolution passed at such a committee meeting will require a positive majority vote where at least two-thirds of all committee members are in attendance. All permit applications reviewed by the committee will be given a score (on a scale of 1 to 100) and those applications achieving a score of 60 or higher will be passed along to the NCC with a recommendation for NCC approval.

The NCC had, in fact, already adopted the new examination mechanisms provided by the said guidelines prior to having formally effectuated such guidelines.

The NCC has Made Changes to Its Proposed Draft Amendment to the Cable Broadcasting Law

As discussed in an earlier issuance of this update, the NCC formerly proposed an amendment to Taiwan's existing cable broadcasting legislation. As proposed, the draft amendment introduced significant changes to the legal framework for Taiwan's cable industry. After subsequently holding several public hearings on the issue, the NCC recently decided to make certain changes to this draft Amendment. Some of the major changes include:

- Subscription fees charged by cable broadcaster will be reviewed and approved by the NCC and by the local city/county government(s) having jurisdiction over the area where the cable operator at issue operates and will be reviewed according to the following guidelines: subscription fees for basic channel services provided through digital platform shall be reviewed and approved by the NCC, while fees for the same services provided via analog platform shall be reviewed and approved by the local government(s).
- For new market entrants or for operators expanding their existing networks, it is proposed that the construction and preparation period granted for new or newly expanded networks be extended to 6 years from the 4 years proposed by the existing draft Amendment.
- Cable broadcasters and their affiliates are expressly forbidden from causing a programmer to discriminate against another cable broadcasters and cable broadcasters are also expressly forbidden from discriminating against programmers who are proposing to have their channels carried on said other cable broadcasters.

 

Contact
English translations of telecommunications and media laws and regulations are available from YANGMING PARTNERS' Legal Support Department.

This publication is intended to highlight selected legal developments and not to be comprehensive nor to provide legal advice. If you have any questions on issues reported here or if you have any issues you would like to see covered in future editions, please contact the editors:

Robert C. Lee, at 886-2-8725-6601, rclee@yangminglaw.com
Teresa Wang, at 886-2-8725-6642, twang@yangminglaw.com