| National
Communications Commission (NCC) has Adopted New
Guidelines for Review of Satellite Radio/Television
Programs Channel Broadcasting Permit Applications |
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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.
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| The
NCC has Made Changes to Its Proposed Draft Amendment
to the Cable Broadcasting Law |
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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:
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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).
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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.
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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.
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| Contact
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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 |
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