As of December 1, 2024, the National Communications Commission (“NCC”) will be operating with only three commissioners. The NCC, based on its interpretation of its organizational Act ( The National Communications Commission Organization Act, the “Act”), has determined that the Commission cannot convene official meetings without a minimum of four commissioners. Consequently, 104 regulatory matters requiring formal commission resolutions will be temporarily suspended until new commissioners assume office. Entities regulated by the NCC are advised to exercise heightened vigilance during this interim period to safeguard their rights and business interests.
Under the Act, the NCC is composed of seven commissioners, including the Chairperson and Vice Chairperson. However, in late July 2024, the terms of office for three commissioners expired, resulting in their departure. One commissioner temporarily extended their term in accordance with Article 4 of the Act. Subsequently, on November 15, 2024, the Legislative Yuan passed the third reading of an amendment to Article 16 of the Act, stipulating that commissioners whose terms have expired cannot continue to serve if replacements cannot be appointed in time. As a result of this legislative change, the NCC is reduced to only three sitting commissioners as of December 1, 2024. Based on NCC’s current interpretation of the Act, a quorum of at least four commissioners is required for the Commission to adopt any resolutions. This means that any statutory matters requiring formal commission resolutions cannot be approved or implemented until new commissioners are appointed and assume office.
To prevent disruptions to its daily operations, the NCC implemented amendments in July 2024 to its internal guidelines including, the Directions for Matters Requiring NCC Commission Resolutions and Delegation to Internal Units, the Detailed Table of Tiered Responsibilities within the NCC, the Procedural Rules for NCC Commission Meetings, and the Legislative Procedures Guidelines. Through these amendments, 58 matters that previously required formal Commission resolutions were reclassified, enabling them to be managed without the need for Commission approval. However, 104 regulatory matters still require mandatory Commission resolutions before they can be processed.
Several regulatory matters closely tied to businesses under NCC jurisdiction will be significantly affected during the current period of limited Commission functionality. These include critical approvals such as share transfers for broadcasting enterprises, changes to company names or responsible persons, amendments to operational plans, license evaluations, and license renewals. Among these issues, the inability to process license renewals for satellite broadcasting enterprises is particularly concerning. If a satellite broadcasting license expires and cannot be renewed, the enterprise may be forced to cease operations for that channel due to the lack of a valid license. From the perspective of the general public, oversight of inappropriate or non-compliant broadcasting content could also face delays. Typically, when the NCC receives complaints about content violations, it determines whether penalties are warranted. For fines exceeding NT$500,000, formal approval through an NCC Commission resolution is required. Under current circumstances, such fines cannot be issued, potentially affecting the protection of public viewing interests. Adding to these challenges, the Fraud Crime Hazard Prevention Act, which partially took effect on July 31, 2024, designates the NCC as the “Telecommunications Regulatory Authority” responsible for implementing fraud prevention measures specified in Articles 14 through 26. However, any subsidiary regulations requiring formulation or approval by the NCC cannot currently be enacted due to the inability to pass Commission resolutions.
Unless the NCC amends its interpretation of Article 10 of the Act, this situation is expected to persist until the Legislative Yuan approves the appointments of new NCC commissioners. Regulated entities are advised to remain vigilant and take proactive steps to prepare for potential impacts on their operations.
