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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PERMIT FOR BUSINESS CHAPTER III MANAGEMENT OF TRANSMISSION CHAPTER IV PUNISHMENT PROVISIONS CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Measures are formulated to strengthen the business of transmission of radio and TV programs and regulate the order of transmission of radio and TV programs. Article 2. The term "the business of transmission of radio and TV programs" as mentioned in these Measures refers to the radio and TV program transmission and access services by cables. Article 3. The State Administration of Radio, Film and Television (hereinafter referred to as the SARFT) shall be responsible for the administration of the business of transmission of radio and TV programs throughout the country. The radio and TV administrative departments at or above the county level shall be responsible for the business of transmission of radio and TV programs within their respective administrative areas. Article 4. The state adopts the licensing system for the business of transmission of radio and TV programs. CHAPTER II PERMIT FOR BUSINESS Article 5. To engage in the business of transmission of radio and TV programs by cables, an institution shall obtain a Permit for the Business of Transmission of Radio and TV Programs (hereinafter referred to as the Permit) according to these Measures. To engage in the business of transmission of radio and TV programs by wireless way, microwave, satellite or otherwise, an institution shall go through the relevant examination and approval formalities according to the relevant provisions of the state. Article 6. The following institutions may apply for a Permit: (1) The radio and TV broadcasting institutions established upon approval of the SARFT; (2) The radio, film and TV groups (headquarters) established upon approval of the SARFT and their subordinate institutions; (3) The state-owned or state holding institutions that have the business right to cable broadcasting TV network. Article 7. The solely foreign-funded, Sino-foreign contractual and Sino-foreign equity joint institutions are prohibited from engaging in the business of transmission of radio and TV programs. Article 8. To apply for a Permit, an applicant shall meet the following conditions: (1) Conforming to the overall plan and business requirements of the state for the business of transmission of radio and TV programs; (2) Having equipment, fund, technologies, personnel and relevant management systems that can ensure the safe transmission of radio and TV programs; (3) The fee standards conforming to the relevant provisions of the state; (4) Having site and corresponding network resources for business activities; (5) Having credit standing and capability of longtime provision of transmission service; (6) Having lawful radio and TV program signal sources; and (7) Other conditions as specified by other laws and administrative regulations. Article 9. To apply for a Permit, an applicant shall submit the following materials: (1) The information about the construction and covering of cable TV network, transmission contents (the concrete channel and program name shall be stated), scope, technical method (digital transmission or analog transmission) and form (program transmission or access service); (2) The basic information of the applicant institution. If the applicant institution is an enterprise, it shall provide its articles of association, capital verification report, business license, and descriptions about the background information of the shareholders. If the applicant institution is a public institution, it shall provide the public institution legal person code certificate; (3) An application for a Permit; (4) The technical plan, operating plan and management system for engaging in the business of transmission of radio and TV programs; (5) The certification materials for the personnel, equipment and site (including the qualification certifications and identity certification documents of the legal representative or key person-in-charge, main business manager and professional technicians, as well as certificate document about the right to use the working site); (6) The plan on the safe transmission of radio and TV programs; and (7) The certification about the source of signals of radio and TV programs. Article 10. To apply for engaging in the business of cable transmission of radio and TV programs within a provincial administrative area or by going beyond one province (city), an applicant shall file an application with the radio and TV administrative department at the prefecture (city) level or above and shall submit the application materials that meet the requirements as specified in Article 9 of these Measures, which shall, after level-by-level examination, be subject to the examination and approval by the SARFT. If the applicant meets the relevant requirements, the SARFT shall issue it a Permit. To apply for the business of cable transmission of radio and TV programs within the administrative area of a same prefecture (city), an applicant shall file an application with the radio and TV administrative department at the county level or above, which shall, after level-by-level examination, be subject to the examination and approval of the provincial radio and TV administrative department. If the applicant meets the relevant requirements, the provincial radio and TV administrative department shall issue it a Permit. Engaging in business of transmission of radio and TV programs within 2 or more administrative areas within one same province (city) shall be deemed as engaging in the business of transmission of radio and TV programs within a provincial administrative area, which shall be subject to the examination and approval of the SARFT in pursuance of the provisions of the first paragraph of this Article. Article 11. The radio and TV administrative departments responsible for accepting applications shall, according to the time limit and power as provided for in the Administrative License Law, perform the acceptance and examination functions. If the application of an applicant conforms to the statutory standards, the decision-making radio and TV administrative department shall make a written decision of approval of administrative license; if it makes a disapproval of administrative license, it shall give the applicant a written notice and make an explanation. Article 12. A Permit shall include the transmission contents, scope, technical methods and form. The holder of a Permit shall engage in the business of transmission of radio and TV programs according to the matters as stated in the Permit. Article 13. Where a holder of a Permit intends to change any of the matters as stated in the Permit, its registered capital, shareholder or proportion of shares, or to terminate the business of transmission of radio and TV programs, it shall, 60 days before it does so, report to the original issuing organ for approval. If the state provides otherwise for the termination of transmission business, the relevant provisions of the state shall be followed. Where a holder of a Permit changes its business site, legal representative or any other important matter, it shall give a written notice to the original issuing organ within 30 days. Where a holder of a Permit transmits any program materials for a radio and TV broadcasting institution or radio and TV program production & business institution, it is not required to apply for changing the licensing items separately. CHAPTER III MANAGEMENT OF TRANSMISSION Article 14. An institution engaging in the business of transmission of radio and TV programs shall transmit the channel programs according to the transmission covering scope as stated in the Permit. Article 15. No radio and TV broadcasting institution may transmit its program signals via any institution that has not obtained a Permit. Article 16. An institution engaging in the business of transmission of radio and TV programs shall not illegally launch any TV program by taking the advantage of its network or frequency resources, nor may it provide transmission service for any illegally launched program or any radio or TV program signals from an illegal source, nor illegally transmit any overseas satellite TV program. Article 17. It is prohibited to transmit any radio or TV program signal containing any of the following contents: (1) Opposing the basic principles determined by the Constitution; (2) Endangering the unity, sovereignty and territorial integrity of the state; (3) Divulging state secrets, endangering national security, blemishing the honor of the state or jeopardizing the interests of the state; (4) Stirring up hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, disrespecting ethnic customs or practices; (5) Advocating cult or superstition; (6) Disrupting social order and harming social stability; (7) Propagating obscenity, gambling or violence, or instigating others to commit any crime; (8) Insulting or defaming others, or infringing upon others' legitimate rights and interests; (9) Harming the social morality or the excellent national culture and tradition; or (10) Other contents prohibited by any law, administrative regulation, or provisions of the state. Article 18. No institution engaging in the business of transmission of radio and TV programs may insert any other program, data, picture, character or other information in a program transmitted by it. Article 19. For an institution that holds a Permit and is engaging in the business of access services, before its cable TV network stops broadcasting analog TV signals, it shall, through the analog channel, transmit the complete radio and TV programs as required by the SARFT. Article 20. An institution that holds a Permit and is engaging in the business of access services shall provide long-term stable services. Article 21. An institution engaging in the business of transmission of radio and TV programs shall provide the supervisory institution established by the radio and TV administrative department with complete signals of the programs transmitted by it. It shall not interfere with or obstruct the supervisory activities. CHAPTER IV PUNISHMENT PROVISIONS Article 22. Where any institution violates these Measures due to illegally engaging in the business of transmission of radio and TV programs, the radio and TV administrative department at the county level or above shall order it to stop the violation and confiscate its illegal gains and shall fine it not less than 10,000 yuan but not more than 30,000 yuan. If any crime is constituted, it shall be subject to criminal liabilities. Article 23. Where any institution commits any of the following acts in violation of these Measures, the radio and TV administrative department at the county level or above shall order it to stop the violation, give it a warning, confiscate the illegal gains and may concurrently fine it not more than 20,000 yuan. If any crime is constituted, it shall be subject to criminal liabilities: (1) Failing to transmit the complete radio and TV programs as required by the SARFT; (2) Illegally insert any program, data, picture, character or other information in a program transmitted by it; (3) Failing to engage in the business of transmission as stated in its Permit; (4) Failing to give a written notice to the original issuing organ after its business site, its registered capital, shareholder or proportion of shares, legal representative or any other important matter is changed within the prescribed time limit; or (5) Failing to provide the supervisory institution established by the radio and TV administrative department with complete signals of the programs transmitted by it, or interfering with or obstructing the supervisory activities. Article 24. Where any institution commits any of the following acts in violation of these Measures, the radio and TV administrative department at the county level or above shall order it to stop the violation, give it a warning, confiscate the illegal gains and may concurrently fine it not more than 20,000 yuan. If the circumstances are serious, the original issuing organ shall revoke its Permit. If any crime is constituted, it shall be subject to criminal liabilities: (1) Illegally launching any radio or TV program; (2) Providing transmission service for any illegally produced program or for any radio or TV program signals from an illegal source; or (3) Illegally transmitting any overseas satellite TV program. CHAPTER V SUPPLEMENTARY PROVISIONS Article 25. These Measures shall come into force as of August 10, 2004. The Interim Measures for the Examination and Approval of Operating the Business of Transmission of Radio and TV Programs (No. 714 [1997] of the State Administration of Radio, Film and Television) and the Detailed Rules for the Implementation of Administration of Transmission of Radio and TV Programs (for Trial Implementation) (No. 1497 [2001] of the State Administration of Radio, Film and Television) shall be simultaneously abolished. |
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