Thu, Feb 19, 2009 - Page 4 News List

NCC set to amend article

TIME FOR CHANGE: The director of the NCC’s Legal Department said the amendment still needed to be approved by the Executive Yuan and Legislative Yuan

By Shelley Shan  /  STAFF REPORTER

The National Communications Commission (NCC) said yesterday it was amending Article 3 of the Framework Act of National Communications (通訊傳播基本法), which will require any individual or organization that disagrees with an NCC ruling to file their lawsuit at the Administrative Court (行政法院).

The article will also stipulate that the requirements listed under Article 117 of the Administrative Procedural Law (行政程序法) regarding the administrative order to cancel or to change the rulings of secondary-level government organizations will not apply to the NCC.

Currently, anyone disagreeing with a ruling can appeal to the NCC’s Appeal Committee. However, some have appealed to the Executive Yuan’s Appeal Committee as well. Disputes may arise if rulings issued by the organizations differ, the NCC said.

Kao Fu-yao (高福堯), director of the NCC’s Legal Department, said a total of 42 disputes of this kind were resolved via the Taipei High Administrative Court. While 26 of them recognized that the NCC could handle appeals filed by individuals or organizations, 16 did not acknowledge the NCC’s authority in this field, he said.

Kao said that Supreme Administrative Court judges had held a joint meeting on the subject in November. The memorandum of the meeting was not disclosed to the public, he said.

“One case has been appealed to the Supreme Administrative Court, and we are waiting for the verdict on that particular case to determine what to do next,” Kao said.

The NCC’s Appeal Committee has handled several controversial cases recently.

Chunghwa Wideband Best Network, one of the bidders for the Worldwide Interoperability for Microwave Access (WiMax) service licenses, filed an appeal to the NCC about the bid results and was rejected. The company then filed an appeal to the Executive Yuan, which revoked the NCC’s judgment for failing to answer questions on the ruling. The case is still ongoing.

The NCC Appeal Committee also revoked the NCC’s previous ruling on Chunghwa Telecom’s buying of shares in Global Mobile Corp.

Prior to the appeal, the commission rejected the purchase for creating unfair competition in the WiMAX market.

Two cable television service providers also chose to appeal to the Executive Yuan over the NCC’s ruling demanding it lower the guarantee deposit fund as a condition for renewing their licenses.

Kao said the amendment would still need to be approved by the Executive Yuan and the Legislative Yuan before taking effect. During the transition, individuals and organizations can appeal to the NCC or the Executive Yuan.

In related news, the commission reached a consensus yesterday that it will finish amending relevant regulations in the Broadcasting Act (廣電法) before they hand out any new radio broadcast licenses.

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