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Article 1. In order to strengthen the overall planning and industrial administration of the construction of international communication facilities, to safeguard the interests of the State, to guarantee the communication sovereignty and security of the State, and to promote the healthy and orderly development of international communication network, these Provisions have been formulated in accordance with the Telecommunication Regulations of the People's Republic of China and the relevant provisions of the State. Article 2. Whoever engages in the activities of construction of international communication facilities (including new establishment, alteration, expansion and change of property right of international communication facilities) within the People's Republic of China must observe these Provisions. The international communication facilities used in these Provisions shall refer to the telecommunication facilities such as international communication accesses and international transmission networks. The international communication accesses shall include international communication channel accesses, international communication service accesses and border international communication accesses. The international transmission networks shall refer to all the telecommunication facilities such as the wired and wireless facilities and the satellites that communicate via the international communication channel accesses within China with overseas countries and regions. Article 3. The Ministry of Information Industry shall supervise and administrate the construction of international communication facilities in accordance with these Provisions. The communication administration bureaus of the provinces, autonomous regions, and municipalities directly under the Central Government shall, under the leadership of the Ministry of Information Industry and in accordance with these Provisions, supervise and administrate the international communication facilities within their respective administrative areas. Article 4. The administration of construction of international communication facilities shall follow the principles of safeguarding the communication sovereignty of the State, guaranteeing the security of communication network and information, eradicating monopoly and encouraging competition, promoting the rational utilization of resources and protecting the market order of communication construction and follow the principles of openness, fairness and justice. Article 5. Whoever constructs international transmission networks and international communication channel accesses must have the power of management of international communication infrastructure. Whoever constructs international communication service accesses and border international communication accesses must have the power of management of international communication service. Article 6. The construction of international communication facilities must be in line with the relevant laws and regulations of China and safeguard the rights and interests of China. The construction of international communication facilities must meet the requirements of the international communication development plans of the State. The construction of international communication must, in accordance with the relevant provisions on state security, equip the security facilities required by the relevant departments of the State. Article 7. The power of management and maintenance of international transmission networks and international communication channel accesses within the territory and the territorial sea of China shall only be owned by the telecommunication service operators that have obtained the power of management of international communication infrastructure of China. The power of management and maintenance of the international communication service accesses and border international communication accesses within the territory and the territorial sea of China shall only be owned by the telecommunication service operators that have obtained the power of management of international communication service of China. Article 8. The Department of Comprehensive Planning of the Ministry of Information Industry shall be responsible for drawing up the plans on the development of international communication, and shall administrate the construction of international communication facilities based on those plans. Article 9. The construction of international communication facilities must be subject to the preliminary examination or the examination and approval of the Ministry of Information Industry. Article 10. The examination and approval of the projects of construction of international communication facilities shall observe the following procedures: (1) The infrastructure projects beyond the quota provided for by the State shall, with the approval of the Ministry of Information Industry after the preliminary examination, be subject to the examination and approval by the State Development Planning Commission; (2) The technical reform projects beyond the quota provided for by the State shall, with the approval of Ministry of Information Industry after the preliminary examination, be subject to the examination and approval of the State Economic and Trade Commission; and (3) The construction projects under the quota provided for by the State shall be subject to the examination and approval of the Ministry of Information Industry. Except those examining and approving the construction projects of international communication facilities in accordance with the procedures and limit of authority prescribed in the preceding paragraph, no other department or unit shall have the power to do so. Article 11. The constructing units of international communication facilities shall, when signing memorandums of understanding on the construction of international transmission network and agreements on the construction and maintenance with foreign organizations or individuals, or organizations or individuals of Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan, report to the Ministry of Information Industry for examination and approval prior to the signing, and only upon approval may they sign the documents. Article 12. The constructing units that apply for examination and approval for memorandums of understanding on the construction of international transmission network or agreements on the construction and maintenance shall provide the following materials: (1) Application report, which shall include the main information about the cooperation parties, the main contents and major problems of the memorandums of understanding or agreements; and (2) The text of the memorandums of understanding or agreements. Article 13. The Ministry of Information Industry shall give the applicant a written reply within 20 days from the day of accepting the application of the constructing unit for examination and approval for the memorandum of understanding on the construction of international transmission network or agreement on the construction and maintenance. As for those not approved, the Ministry shall notify the applicant in written form and explain the reasons. Article 14. With respect to the construction projects of international communication facilities not involving cooperation with foreign organizations or individuals, or organizations or individuals of Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan, the constructing units shall submit the following materials to the Ministry of Information Industry when applying for preliminary examination or examination and approval: (1) Application report, which shall include the reasons for the construction of the project, main construction contents and scale, investment estimation and fund raising, schedule arrangements and other main contents; (2) Project proposal, feasibility study report or project construction plan, the contents of which and the qualification of the unit drawing up the documents shall meet the relevant provisions of the State; (3) Copies of the business license and the licenses for operation of the relevant telecommunication services; (4) Credit certifications; and (5) Other materials required by the Ministry of Information Industry. With respect to those involving the construction of international communication accesses, the documents of approval for setting up international communication access shall also be provided. Article 15. With respect to the construction projects of international communication facilities involving cooperation with foreign organizations or individuals, or organizations or individuals of Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan, the constructing units shall, when applying to the Ministry of Information Industry for preliminary examination or examination and approval, provide the text of the memorandums of understanding and the text version of the agreements on the construction and maintenance, apart from those materials listed in Article 14. Article 16. The Ministry of Information Industry may, when making preliminary examination or examination and approval of the construction projects of international communication facilities, adopt the methods of organizing expert review or entrusting consultancy institution to evaluate projects, etc., and shall give the opinions of preliminary examination or the reply on that basis. Article 17. The Ministry of Information Industry shall give the applicants a written reply within 30 workdays after accepting the application of enterprise for industrial preliminary examination of construction projects of international communication facilities beyond the quota. As for those failing to pass the preliminary examination, the Ministry shall notify the applicants in written form and explain the reasons. The Ministry of Information Industry shall give the applicants a written reply within 45 workdays after accepting the application of enterprise for examination and approval for the construction projects under the quota. As for those not approved, the Ministry shall notify the applicants in written form and explain the reasons. Article 18. The constructing units shall, during the implementation of the construction projects of international communication facilities, be subject to the supervision, inspection and direction of the Ministry of Information Industry and the communication administration bureaus of the provinces, autonomous regions and municipalities directly under the Central Government where the construction of international communication facilities are to be constructed. Article 19. With respect to the construction projects of international communication facilities for which agreements are signed with foreign organizations or individuals, or organizations or individuals of Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan without the examination and approval of the Ministry of Information Industry, and to the construction projects of international communication facilities that conceal the relevant problems during the application for preliminary examination or examination and approval, the Ministry of Information industry shall not make the preliminary examination or the examination and approval. As for those that have passed the preliminary examination or the examination and approval, the Ministry of Information industry shall cancel the original opinions of preliminary examination or the documents of approval. As for those that have obtained approval after examination of the State Development Planning Commission or the State Economic and Trade Commission, the Ministry of Information Industry shall inform the examination and approval department of the fact and shall ask them to cancel the documents of approval; those that have started construction may not be put into operation. Article 20. Whoever, without the approval of the Ministry of Information Industry, constructs international communication facilities to make international communication shall be punished by the Ministry of Information Industry or the communication administration bureaus of the provinces, autonomous regions and municipalities directly under the Central Government according to Article 70 of the Telecommunication Regulations of the People's Republic of China. If a crime has been constituted, the criminal responsibilities shall be investigated for. Article 21. The state functionary engaged in the administration of construction of international communication facilities who violates these Provisions shall be punished according to Article 79 of the Telecommunication Regulations of the People's Republic of China. Article 22. The administration of construction of communication facilities for communication with Hong Kong Administrative Special Region, Macao Administrative Special Region and Taiwan shall be carried out in reference to the administration of international communication facilities. Article 23. These Provisions shall be put into implementation as of August 1, 2002. |
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