A Historical Review and Legal Ramifications of National Communications Commission: The Beginning of the End


Yann-Long Chen, James C. Hsiung


J. Y. Interpretation No. 613, National Communications Commission, National Communications Commission Organic Act, independent agency


This paper discusses the legal ramifications after the Honorable Justices of the Judicial Yuan in Taiwan examined the National Communications Commission (NCC) Organic Act and decided the selection of the NCC Commissioners was unconstitutional (J.Y. Interpretation No. 613)∗∗, and focuses on the formulation of a new selection model which could be accepted politically and legally. It will begin with a historical review of the establishment of NCC and disputes between the ruling political party and the majority members of Legislative Yuan in how to regulate the media industry and issues surrounding the selection of NCC Commissioners, then, it will point out the obstacles to deal with old regulatory agencies which still have some uncharted authorities over the NCC jurisdiction. Additionally, there are many existing Acts such as Broadcasting, Cable, and Satellite Acts which all must be combined to face the era and challenges of media convergence. It concludes with a new model for dissolving the present legal concerns and expects that the future NCC is truly independent as it was originally designed.