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TABLE OF CONTETNS CHAPTER I GENERAL RULES CHAPTER II ESTABLISHMENT OF SATELLITE COMMUNICATION NETWORKS CHAPTER III SETTING UP AND USE OF EARTH STATIONS CHAPTER IV RULES FOR PUNISHMENT CHAPTER V SUPPLEMENTARY RULES CHAPTER I GENERAL RULES Article 1. In order to normalize the establishment of satellite communication networks and the setting up as well as the use of earth stations, to avoid the interference between satellite networks, and between earth stations and other radio of the same frequency range and to promote the healthy development of satellite communication, this Provision have been formulated in accordance with the Regulations of the PRC on the Radio Administration and the Regulations of the PRC on Telecommunication. Article 2. The establishment of satellite communication networks and the setting up and use of earth stations within the PRC shall be subject to this Provision. The satellite communication networks used in this Provision shall refer to the communication networks composed of several earth stations communicating via satellite space stations; the earth stations shall refer to the stations set up on the earth surface or within the main part of earth aerosphere that communicate with the space stations or communicate with the stations of the same kind via the space stations. Article 3. The State applies the examination and approval system for the establishment of satellite communication networks and the setting up and use of earth stations. The establishment of satellite communication networks shall be subject to the approval of the Ministry of Information Industry. To set up and use the earth stations, one shall, in accordance with this Provision, go through the examination and approval procedures to get the radio station business license issued by the Ministry of Information Industry or the radio administration bodies of the provinces, autonomous regions and municipalities directly under the Central Government. No unit or individual may establish satellite communication networks, or set up or use earth stations without approval. Article 4. The establishment of satellite communication networks, apart from being in accordance with this Provision, shall also comply with the overall plan of the State on the construction of communication networks, and follow the construction and administration procedures of the State. CHAPTER II ESTABLISHMENT OF SATELLITE COMMUNICATION NETWORKS Article 5. The following conditions shall be met for the establishment of satellite communication networks: (1) Being organizations with corporate qualification; (2) Having feasibility study report and overall technical scheme; (3) Having the capital and professionals sufficient for the construction and operation of satellite communication networks (4) Having available satellite transponder resources; and (5) Other conditions provided for by the State. Article 6. With respect to the establishment of satellite communication networks involving operation of telecommunication services, the relevant telecommunication service license shall be required. Article 7. To apply for the establishment of satellite communication networks, the applicant shall file a written application with the Radio Administration Bureau of the Ministry of Information Industry and submit the following documents: (1) Certificate of corporate qualification; (2) Introduction of the basic information of the applicant unit; (3) Feasibility study report; (4) Documents related to the overall technical scheme required in the attachment of this Provision; (5) Certifications of the usable capital; (6) Certifications of the relevant available satellite transponders; and (7) Other documents required by the Ministry of Information Industry. With respect to the application for the establishment of satellite communication networks involving operation of telecommunication services, the corresponding telecommunication service licenses shall also by submitted. Article 8. The Radio Administration Bureau of the Ministry of Information Industry shall finish the formal examination within 15 days from the day of receiving the application, and make the decision of acceptance for those meeting the requirements of Article 7, and make the decision of rejection for those failing to meet the requirements, and notify those applicants in written form. Article 9. The Radio Administration Bureau of the Ministry of Information Industry shall make the substantive examination on the accepted applications in accordance with the following standards: (1) Whether the satellite communication networks to be established meet the requirements provided for in Articles 5, 6 of this Provision; (2) Whether the frequency to be used and other technical characteristics comply with the relevant provisions of the State on radio administration, and the requirements of the Radio Regulations of the International Telecommunication Union and the bilateral agreements reached with other countries or regions; (3) Whether the domestic space stations to be used have been approved by the Ministry of Information Industry and gotten the space station license; (4) Whether the foreign space stations have finished coordination with the relevant space stations and earth stations of China, whether their technical characteristics are in accordance with the requirements of the bilateral agreements reached with the relevant space stations and earth stations of China; (5) Whether the satellite transponder resources to be used are provided by legal operators; (6) As for the transponder resources to be used that are provided by overseas companies, whether the approval of the Ministry of Information Industry has been obtained; and (7) Whether the overall technical schemes on the satellite communication networks to be established are rational and feasible. Article 10. The Ministry of Information Industry shall finish the substantive examination within 60 days from the day of deciding to accept the application. As for those passing the examination, the Ministry shall grant the documents of approval and the network numbers to the applicants, and give written notices to the radio administration bodies of the provinces, autonomous regions and municipalities directly under the Central Government. As for those failing the examination, the Ministry shall notify the applicants in written form and explain the reasons. Article 11. The satellite communication networks shall be put into use within 1 year from the date of approval. If the networks can't be started to use within the time limit prescribed in the preceding paragraph, the applicants shall notify the Ministry of Information Industry in written form at least 30 days before the expiration of the above mentioned period and explain the reasons. If the networks haven't been put into use within 1 year and the requirements of the second paragraph haven't been met either, the Ministry of Information Industry shall cancel the approval for the establishment of satellite communication networks and the network numbers after the expiration, and notify the applicants in written form. Article 12. Where it is needed to alter the operating unit of satellite communication networks, the work frequency, the transmission volume or the satellites used, the applicant shall file a written application with the Ministry of Information Industry 90 days earlier and obtain the approval. In case of alteration of the nature of satellite communication network service or the operation subject, or ceasing of business, the applicant shall obtain the approval in accordance with the relevant provisions, and report to the Radio Administration Bureau of the Ministry of Information Industry for record. Article 13. The operating unit or operator of satellite communication networks shall, within 30 days from the day of signing the transponder lease agreement with the operator of satellite transponder, report to the Radio Administration Bureau of the Ministry of Information Industry for record. Article 14. Where the operating unit or operator of satellite communication networks self-manages or leases the earth stations within the networks, it shall go through the examination and approval procedures for the setting up of earth stations in accordance with this Provision, and draw the radio station business licenses; where the earth stations within the networks are set up by the users, it shall assist the users in handling the examination and approval procedures and drawing the radio station business licenses. The operating unit or operator of satellite communication networks may not provide satellite channels to the users that haven't gone through the examination and approval procedures for the setting up of earth stations and haven't drawn the radio station business licenses. Article 15. The operating unit or operator of satellite communication networks shall file a written report on the following information about the satellite networks to the Radio Administration Bureau of the Ministry of Information Industry before the end of January of each year: (1) Construction and operation (including the cities or regions opened to, service types, transmission volume, etc.) (2) Use of satellite transponders; (3) Arrangements of users and earth stations within the networks (including receipt earth stations); (4) Handling of radio station service licenses of the earth stations within the network; and (5) Other materials required by the Ministry of Information Industry. Article 16. The operating unit or operator of satellite communication networks shall abide by the laws and regulations of the State on radio administration, be subject to the supervision and inspection of the radio administration bodies, and cooperate with the radio administration bodies to manage the earth stations within the networks. CHAPTER III SETTING UP AND USE OF EARTH STATIONS Article 17. The setting up and use of the following earth stations shall be subject to the examination and approval of the Ministry of Information Industry: (1) Earth stations set up and used by the central state organs and the units directly under them within Beijing area; (2) Earth stations communicating with foreign countries or Hong Kong, Macao and Taiwan area; (3) Earth stations involving international coordination; (4) Earth stations, gateway stations or tracking telemetry and command stations of the feeder links of space radio communication services other than fixed satellite services. The setting up and use of earth stations other than those provided for in the preceding paragraph shall be subject to the examination and approval of the radio administration bodies of the provinces, autonomous regions and municipalities directly under the Central Government where the earth stations are located. Article 18. The establishment of international communication earth stations shall go through the examination and approval procedures for international communication gateway with the Ministry of Information Industry. Article 19. The technical performance, selection of station location and setting up of earth stations shall be in accordance with the standards and relevant provisions of the State. No large and medium sized earth station shall be set up in urban areas or on the top of high buildings. As for the earth stations set up and used within the restrictive ranges in urban areas, the diameter of their antenna may not exceed 4.5 meters, and the actual transmit power may not exceed 20W. Article 20. As for the application for the setting up and use of the earth stations affiliated to some certain satellite, a written application and the following materials shall be submitted to the Radio Administration Bureau of the Ministry of Information Industry or the radio administration bodies of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions of Article 17 of this Provision: (1) Application form for the setting up of radio stations; (2) Report form of earth station technical materials; and (3) Testing report on the electromagnet environment of the location of the earth station. Where there are other radio stations of the same frequency range within the viewing distance transmit scope around the location of the earth station, a report on the analysis of interference of that earth station to other radio stations with the same frequency range shall also be submitted. In case of the setting up of a terminal earth station with the antenna diameter shorter than 4.5 meters, if there is no other radio stations with the same frequency range within the viewing distance transmit scope around that station, the documents listed in item (3) of the first paragraph may be exempted. Article 21. In case of application for the setting up and use of earth stations not affiliated to any certain satellite communication networks, the following documents shall be submitted apart from those listed in Article 20 of this Provision: (1) Certificate of corporate qualification; (2) Calculation of satellite transmit links; (3) Certifications of the relevant satellite transponders available for use; and (4) Other documents needed to be provided to carry out the relevant services. In case of application for the setting up of earth stations involving operation of telecommunication services, the corresponding licenses for telecommunication services shall also be submitted. Article 22. In case of application for the setting up and use of the earth stations listed in items (2), (4) of the first paragraph of Article 17 of this Provision, the copies of the application documents submitted to the Radio Administration Bureau of the Ministry of Information Industry shall be sent for record to the radio administration bodies of the provinces, autonomous regions and municipalities directly under the Central Government where the earth stations are located. Article 23. The Radio Administration Bureau of the Ministry of Information Industry or the radio administration bodies of the provinces, autonomous regions and municipalities directly under the Central Government shall, within 15 days from receiving the application for the setting up and use of earth stations, make examination on the following contents, make the decision of acceptance for those meeting the requirements; make the decision of rejection for those failing to meet the requirements, and notify the applicants in written form: (1) Whether the satellite communication networks that earth station affiliated to have been approved; (2) Whether the space station and frequency to be used are consistent with those listed in the documents of approval for the satellite communication networks the earth station affiliated to; and (3) Whether the application documents for earth station are complete and in accordance with the requirements. Article 24. The Radio Administration Bureau of the Ministry of Information Industry or the radio administration bodies of the provinces, autonomous regions and municipalities directly under the Central Government shall, as for the accepted applications, make substantive examination on the interference between the earth stations to be set up and those that have already been built in the around area or the around radio stations with the same frequency of which the applications have already been accepted. Where harmful interference arises between the earth stations to be set up and the radio stations mentioned above, the administration bodies may ask the applicants to present the feasible schemes for solving the interference problem, and organize the relevant units and technical experts to study and coordinate when necessary. Article 25. As for the earth stations not affiliated to any satellite communication networks, the following contents shall be examined apart from those required by Article 24 of this Provision: (1) Whether the frequency to be used and other technical characteristics comply with the relevant provisions of the State on radio administration, and the requirements of the Radio Regulations of the International Telecommunication Union and the bilateral agreements reached with other countries or regions; (2) Whether the domestic space stations to be used have been approved by the Ministry of Information Industry and gotten the space station business licenses; (3) Whether the foreign space stations to be used have finished coordination with the relevant space stations of China, and whether their technical characteristics meet the requirements of the bilateral agreements reached with the relevant space stations and earth stations of China; (4) Whether the satellite transponders to be used are provided by legal operators; and (5) Where the transponders to be used are provided by overseas companies, whether the approval of the Ministry of Information Industry has been obtained. Article 26. The Radio Administration Bureau of the Ministry of Information Industry shall, after accepting the applications for the setting up and use of the earth stations listed in items (2), (4) of the first paragraph of Article 17, seek opinions from the radio administration bodies of the provinces, autonomous regions and municipalities directly under the Central Government where the earth stations are located. Article 27. When setting up and using large and medium scaled earth stations within the provinces, autonomous regions or municipalities directly under the Central Government that are along the coast or contiguous to other countries or regions, if the coordination area of the earth station to be set up cover other countries or regions, the radio administration bodies of the provinces, autonomous regions or municipalities directly under the Central Government accepting the applications shall, after finish the substantive examination, submit the materials and examination conclusion to the Radio Administration Bureau of the Ministry of Information Industry in accordance with the relevant provisions of the Radio Regulations of the International Telecommunication Union. The Radio Administration Bureau of the Ministry of Information Industry shall, in accordance with the relevant provisions of the Radio Regulations of the International Telecommunication Union or the bilateral agreement, coordinate with the relevant countries or regions. Article 28. The Ministry of Information Industry or the radio administration bodies of the provinces, autonomous regions or municipalities directly under the Central Government, shall within 60 days from the day of accepting the applications for the setting up and use of earth stations, finish the substantive examination and the relevant coordination. For those passing the examination, approval shall be granted, and for those failing the examination, no approval shall be granted, the applicants shall be notified in written form and the reasons shall be explained. With respect to the earth stations involving international coordination, the Ministry of Information Industry shall, after finishing the relevant international coordination, make the decision on approval or not. Where the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government approve the setting up and use of the earth stations of frequency range C and with antenna diameter of 6 meters or more, of frequency range Ku and with antenna diameter of 4.5 meters or more, they shall, within 30 days from the day of approval, report the documents of approval and the relevant technical materials to the Radio Administration Bureau of the Ministry of Information Industry for record. Article 29. The applicants shall, within 15 days from the day of receiving the documents of approval of the radio administration bodies for the setting up and use of earth stations, go through the procedures for setting up and using radio stations at the Radio Administration Bureau of the Ministry of Information Industry or the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government, pay the frequency occupation fee and registration fee and draw the radio station business licenses in accordance with the relevant provisions of the State. Article 30. The earth stations set up upon approval shall be put into use within 1 year from the date of approval. In case of failure to start using within the time limit prescribed in the preceding paragraph, the applicants shall give written notices to the Radio Administration Bureau of the Ministry of Information Industry or the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government at least 30 days before the expiration of that period, and explain the reasons. If earth stations haven't been put into use within 1 year and the requirements of the second paragraph haven't been met either, the Radio Administration Bureau of the Ministry of Information Industry or the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government shall write off the radio station business licenses after the expiration of that period and notify the applicants in written form. Article 31. Earth stations shall work according to the approved items. In case of alteration of the location, frequency, transmit power, antenna characteristics of the earth stations or the satellites to be used, an application shall be filed with the original examination and approval body 60 days earlier. The characteristics, use of the earth stations and the satellites to be used may not be altered without approval. To stop using the earth stations, one shall report it to the original examination and approval bodies and the radio station business licenses shall be returned. Article 32. The users, operating units or operators of earth stations shall pay the annual frequency occupation fee within the designated period, and be subject to the verification of the radio station business licenses conducted by the radio administration bodies. Article 33. The setting up and use of receipt earth stations may be exempted from the application and examination and approval procedures required by this Provision. The radio administration bodies will not provide electromagnet environment protection for the information receipt of such earth stations. In case of the setting up and use of receipt earth stations requesting electromagnet environment protection, the setting units shall file applications in accordance with the relevant provisions of this Provision. Article 34. When setting up and using the earth stations temporarily, the applicants shall, 30 days before the date of starting use, submit the written applications and the relevant technical materials to the Radio Administration Bureau of the Ministry of Information Industry or the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government, and go through the procedures for the temporary setting up of stations upon approval. The use period of earth stations temporarily set up and used shall not exceed 6 months generally. CHAPTER IV RULES FOR PUNISHMENT Article 35. Whoever violates the third paragraph of Article 3 of this Provision shall be ordered to correct the acts by the Ministry of Information Industry or the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government according to their authorities, which shall seal or confiscate the equipment, confiscate the illegal gains, and impose a fine in accordance with the Regulations of the PRC on Radio Administration and the relevant administrative regulations. Article 36. Whoever violates the provisions of the first paragraph of Article 12 and the provisions of the second paragraph of Article 31 of this Provision shall be ordered to correct the acts by the Ministry of Information Industry or the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government according to their authorities, which shall impose a fine in accordance with Regulations of the PRC on Radio Administration and the relevant administrative regulations. If the circumstances are serious, the operation shall be stopped and the radio station business licenses shall be revoked. Article 37. Whoever violates the provisions of the second paragraph of Article 14 of this Provision shall be ordered to correct the acts by the Ministry of Information Industry or the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government according to their authorities, which shall confiscate the illegal gains and impose a fine in accordance with Regulations of the PRC on Radio Administration and the relevant administrative regulations. If the circumstances are serious, the operation shall be stopped and the radio station business licenses shall be revoked. Article 38. Whoever violates the provisions of Article 29 and Article 32 and fails to pay the frequency fee according to the provisions shall be ordered to correct the acts by the Ministry of Information Industry or the radio administration bodies of provinces, autonomous regions or municipalities directly under the Central Government according to their authorities, which shall impose a fine in accordance with Regulations of the PRC on Radio Administration and the relevant administrative regulations. CHAPTER V SUPPLEMENTARY RULES Article 39. Where foreign embassies or consulates stationed in China, the United Union and its special institutions and the representative agencies stationed in China of other international organizations with diplomatic privileges wish to set up and use earth stations, they shall apply to the Ministry of Information Industry for approval through diplomatic approaches. Article 40. The provisions on the administration of mobile earth stations in satellite mobile services shall be formulated by the Ministry of Information Industry separately. Article 41. This Provision shall come into force on October 1, 2002. The Interim Provisions on the Establishment of Satellite Communication Networks and the Setting up and Use of Earth Stations promulgated by the former State Radio Administration Commission on Jan.16, 1995 shall be repealed simultaneously. Attachment: Basic information that shall be included in the overall technical scheme of satellite communication networks (omitted) |
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