|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ESTABLISHMENT, ADJUSTMENT AND CANCELLATION OF ICAS CHAPTER III MANAGEMENT AND OPERATION OF ICAS CHAPTER IV PENALTY PROVISIONS CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Measures are enacted in accordance with the "Regulation on Telecommunications of the People's Republic of China" with a view to strengthening the administration of international communication accesses, maintaining the benefits of the state, and promoting the healthy and orderly development of international communications. Article 2. Whoever establishes an international communication access or engages in the international telecommunication business inside the territory of the People's Republic of China must abide by these Measures. Article 3. The international communication accesses (hereinafter referred to the "ICAs") may be divided into three: international communication channel accesses, international communication business accesses and frontier international communication accesses. An international communication channel access means a transfer point between a domestic communication transmission channel and an international communication transmission channel. Such accesses include: (1) landing stations or entry stations of international communication optical cables, electric cables, microwaves, etc. within China; (2) landing stations or entry extension terminals of international communication optical cables, electric cables, microwaves, etc. within China; (3) passes and earth stations, established within China under international satellite communication system; and (4) other transfer points connecting domestic communication transmission channels and international communication transmission channels. An international communication business access means a business transfer point between a domestic communication business network and an international communication business network. Such accesses include: (1) international switch offices of telephone business network (or signal transfer points of international telephone business network); (2) frame relays, digital data networks (DDN), international switch offices of ATM business networks; (3) routers of international access of Internet; and (4) other business transfer points between a domestic communication business network and an international communication business network. A frontier international communication access means an international through circuit maintained with the utilization of a domestic switch office and a communication network in an area outside of but adjacent to China. Article 4. The power to approve and supervise the establishment of ICAs shall remain with the Ministry of Information Industry. Article 5. The establishment of an ICA shall be applied by a wholly state-owned telecommunication business operator, who shall undertake the operation and maintenance of the ICA. Without the approval of the Ministry of Information Industry, no entity or individual shall establish an ICA in any form. Article 6. Whoever intends to engage in the international communication business inside the territory of the People's Republic of China must carry out the business through an ICA established upon the approval of the Ministry of Information Industry. No organization or individual shall carry out international communications through other means. The communications with Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region shall be administered with reference to the international communications. Article 7. Whoever establishes an ICA shall abide by the relevant laws and regulations of the state, and be subject to the supervision, inspection and direction of the Ministry of Information Industry and the relevant administrative bureaus for communications of the province, autonomous region or municipality directly under the Central Government. CHAPTER II ESTABLISHMENT, ADJUSTMENT AND CANCELLATION OF ICAS Article 8. The quantity and places of ICAs to be established shall be determined by the Ministry of Information Industry upon the overall planning of the development of China's international communication networks, the applications by the telecommunication business operators and the needs in the development of international telecommunication business. Article 9. An international communication channel access shall be established at the place where international sea optical cables or land optical cables are easy to land or enter the territory, with factors such as the network security and reliability as well as the convenience for extending to domestic networks, being considered. Article 10. An international communication business access shall be established in a central city where international communication business is intensive. Article 11. A frontier international communication access shall be established in a city at or above the prefecture level and adjacent to the border, other factors that should be considered are: the future development of the city and the volume of its communication business with the adjacent area outside the territory. A frontier international communication access may only be used in the point-to-point communications between this area and the corresponding area outside the territory, and may not be used to transfer any telecommunication business other than this scope. Article 12. Whoever intends to establish an ICA shall apply to the Ministry of Information Industry and submit the following documents: (1) the report on applying for the establishment of the ICA; (2) the operation permit for the international communication infrastructure or the operation permit for the international telecommunication business; (3) the technical proposals for the establishment of the ICA; and (4) other documents required by the Ministry of Information Industry. Article 13. The Ministry of Information Industry shall, within 60 days as of the receipt of all the documents provided for in Article 12, complete the examination and make a reply on whether to approve the application. Article 14. Whoever intends to cancel an established ICA must file a written application to the Ministry of Information Industry 30 days in advance, and may not conduct the cancellation until it is approved by the Ministry of Information Industry. The remaining work shall be completed after the cancellation. The written application shall include the current situation of the ICA to be cancelled and the measures for handling the remaining work after the cancellation. With respect to the expansion of an established ICA, the construction project must be examined and approved in accordance with the relevant provisions. The telecommunication business operator shall submit the expansion proposal to the Ministry of Information Industry for record 90 days before the expansion starts. Where it is otherwise provided for by the state, the state provisions shall prevail. Article 15. A construction project under which an ICA is approved to be established, shall be submitted to the relevant department for examination and approval in accordance with the procedures provided for by the state on the construction and administration of such projects. Article 16. Where an operator intends to operate the business of very small aperture terminal (VSAT) used for international communications, it shall go through the formalities for examination and approval of the ICA, and shall, after being approved to establish the ICA, go through the formalities for the approval of the establishment of the radio station in accordance with the relevant provisions. Whoever intends to establish a radio station used for international communications shall, after being approved to establish the ICA, go through the formalities for the approval of the establishment of the radio station in accordance with the relevant provisions. CHAPTER III MANAGEMENT AND OPERATION OF ICAS Article 17. A telecommunication business operator who has established an international communication channel access must strengthen its management on the international communication transmission channel, and shall not make use of the international communication transmission channel to engage in illegal activities, and shall, once finding other person is making use of the international communication transmission channel to engage in illegal activities, timely contact the relevant department to take restraint measures in accordance with the relevant provisions of the state. Article 18. A telecommunication business operator who has been approved to establish an international communication channel access shall have the obligation to provide the telecommunication business operator who has been approved to establish an international communication business access with the international communication transmission channel, and shall not take discrimination measures against the latter; nor shall it provide a telecommunication business operator who has not been approved to establish an international communication business access with the international communication transmission channel. Article 19. A telecommunication business operator who has established an international communication channel access may lease the line of international communication transmission channel to users, and shall set up the files of users; the said leased line of international communication transmission channel may only be used for point-to-point communications within the specified scope of business, and may only be prepared for internal use by the users, may not be used to operate telecommunication business. The operation of the communication business of very small aperture terminal (VSAT) by leasing the line of international communication transmission channel shall be in accordance with the preceding paragraph. Article 20. A telecommunication business operator who establishes an ICA shall simultaneously construct appropriate information security auxiliary facilities in accordance with the relevant provisions, and may not maintain or operate such facilities until they have been examined and inspected to be qualified by the Ministry of Information Industry. It must also, when reconstructing or extending the construction of the ICA, ensure the normal operation of the information security auxiliary facilities. Article 21. A telecommunication business operator who has established an ICA shall set up and improve the system of secure management, ensure technical prevention measures, and guarantee the secure and reliable operation of the network. In case the ICA meets with a major breakdown or security problem, it shall timely notify the relevant telecommunication business operators, and take emergency measures to recover the normal operation, and shall report to the Ministry of Information Industry within 24 hours after the incident occurs. Article 22. Whoever intends to establish a virtual network through the international access of Internet for the purpose of operating telecommunication business shall report to the Ministry of Information Industry for approval. Whoever intends to establish a special virtual network for internal use through the international access of Internet shall report to the Ministry of Information Industry for record. Article 23. A telecommunication business operator who has established an ICA shall have the obligation to cooperate with the relevant department of the state in carrying out the security inspection and taking corresponding measures in accordance with the law. Article 24. A telecommunication business operator who has established an ICA shall, in accordance with the requirements of the Ministry of Information Industry, report the relevant information on the ICA to the Ministry of Information Industry and the administrative bureau for communications of the province, autonomous region or municipality directly under the Central Government at its locality before June 30 and December 31 of each year separately. The specific contents and requirements of the report shall be enumerated in the annex in these Measures. The Ministry of Information Industry may, upon the actual circumstances, make adjustments on the specific contents and requirements of the submitted documents enumerated in the annex, and then re-promulgate them. Article 25. Any telecommunication business operator who has not been entitled to operate international communication infrastructure shall not directly rent an international communication transmission channel outside the territory, nor shall it purchase, construct or participate in the construction of an international communication transmission channel. Any telecommunication business operator who has not been entitled to operate international communication business shall not directly rent an international communication transmission channel to operate international communication business, nor shall it purchase, construct or participate in the construction of an international communication transmission channel. CHAPTER IV PENALTY PROVISIONS Article 26. Whoever violates these Measures by establishing an ICA without the approval of the Ministry of Information Industry to carry out the international communications, shall be ordered by the Ministry of Information Industry or the administrative bureau for communications of the province, autonomous region or municipality directly under the Central Government according to its powers to dismantle the illegal international communication facilities within 3 days, be confiscated of the illegal proceeds, and be imposed upon a fine of no less than 3 times but no more than 5 times of the illegal proceeds; where there is no illegal proceed or the illegal proceeds are less than 50,000 Yuan, the violator shall be imposed upon a fine of no less than 100,000 Yuan but no more than 1 million Yuan. If the case is serious, the violator shall be ordered to cease its business for rectification. Article 27. Whoever violates Article 11 of these Measures by making use of the frontier international communication access to transfer telecommunication business by exceeding the permitted scope, shall be ordered by the Ministry of Information Industry or the administrative bureau for communications of the province, autonomous region or municipality directly under the Central Government according to its powers to make a correction within 2 days, be confiscated of the illegal proceeds, and be imposed upon a fine of no less than 3 times but no more than 5 times of the illegal proceeds; where there is no illegal proceed or the illegal proceeds are less than 50,000 Yuan, the violator shall be imposed upon a fine of no less than 100,000 Yuan but no more than 1 million Yuan. If the case is serious, the violator shall be ordered to cease its business for rectification. Article 28. Whoever violates these Measures by conducting any of the following acts, shall be ordered by the Ministry of Information Industry or the administrative bureau for communications of the province, autonomous region or municipality directly under the Central Government according to its powers to make a correction, and be imposed upon a fine of no more than 30,000 Yuan: (1) establishing an ICA without being approved by the Ministry of Information Industry, but has not carried out international communications; (2) establishing a virtual network through the international access of Internet without being approved by the Ministry of Information Industry for the purpose of operating the telecommunication business; or (3) a telecommunication business operator provides assistance to others in carrying out international communications not through an ICA. Article 29. Where an operator of international communication channel violates Article 18 of these Measures by taking discrimination measures when providing a telecommunication business operator who has been approved to establish an international communication business access with the international communication channel, or by providing a telecommunication business operator who has not been approved to establish an international communication business access with the international communication channel, it shall be ordered by the Ministry of Information Industry or the administrative bureau for communications of the province, autonomous region or municipality directly under the Central Government according to its powers to make a correction, and be imposed upon a fine of no less than 10,000 Yuan but no more than 30,000 Yuan. Article 30. Whoever violates Articles 17, 19, 20, 21, 23 or 24 of these Measures by not complying with the provisions to construct, manage or use an international communication channel, not performing its obligations or not complying with the provisions to submit the documents to the Ministry of Information Industry, it shall be ordered by the Ministry of Information Industry or the administrative bureau for communications of the province, autonomous region or municipality directly under the Central Government according to its powers to make a correction, and be imposed upon a fine of 10,000 Yuan. The relevant responsible person shall be imposed upon a disciplinary sanction by the entity where he works on the basis of the seriousness of the case; where his offence constitutes a crime, he shall be investigated for criminal liabilities in accordance with the law. Article 31. Whoever violates Article 25 of these Measures shall be ordered by the Ministry of Information Industry or the administrative bureau for communications of the province, autonomous region or municipality directly under the Central Government according to its powers to make a correction, and be imposed upon a fine of 10,000 Yuan. CHAPTER V SUPPLEMENTARY PROVISIONS Article 32. Non-operative international internet entities which establish ICAs may be administered with reference to these Measures. Article 33. These Measures shall come into force as of October 1, 2002. ATTACHMENTS: I. Documents to Be Regularly Submitted by An Operator of International Communication Channel Access II. Documents to Be Regularly Submitted by An Operator of International Communication Business Access III. Documents to Be Regularly Submitted by An Operator of Frontier International Communication Access IV. Documents to Be Regularly Submitted by An Entity Establishing the International Access of Internet V. Requirements on the Submission of Documents by the Operator of An ICA ATTACHMENT I: DOCUMENTS TO BE REGULARLY SUBMITTED BY AN OPERATOR OF INTERNATIONAL COMMUNICATION CHANNEL ACCESS (1) the detailed address of the locality of the international communication channel access; (2) the name of the responsible person and his telephone number; (3) the information on the use of the channel, including the country or region it reaches, the name of the enterprise on the other end, the variety of the undertaken business and the corresponding total communication capacity; (4) the names of the users who use the leased line of international communication transmission channel, the nature of use of the leased line (for own-use or for operating international telecommunication business), the direction of reach, the name of the enterprise on the other end, and the communication capacity. ATTACHMENT II: DOCUMENTS TO BE REGULARLY SUBMITTED BY AN OPERATOR OF INTERNATIONAL COMMUNICATION BUSINESS ACCESS (1) the detailed address of the locality of the international communication business access; (2) the name of the responsible person and his telephone number; (3) the country or region it reaches, the name of the channel provider, the name of the enterprise on the other end, the variety of the business and the corresponding communication capacity. ATTACHMENT III: DOCUMENTS TO BE REGULARLY SUBMITTED BY AN OPERATOR OF FRONTIER INTERNATIONAL COMMUNICATION ACCESS (1) the detailed address of the locality of the frontier international communication business access; (2) the name of the responsible person and his telephone number; (3) the region it reaches, the name of the enterprise on the other end, the method of transmission, the variety of the business and the corresponding communication capacity. ATTACHMENT IV: DOCUMENTS TO BE REGULARLY SUBMITTED BY AN ENTITY ESTABLISHING THE INTERNATIONAL ACCESS OF INTERNET (1) the detailed address of the locality of the international access of Internet; (2) the name of the responsible person and his telephone number; (3) the country or region it reaches, the name of the enterprise on the other end and the corresponding communication capacity; (4) the business data throughput (calculated on the basis of each access in Beijing, Shanghai and Guangzhou); (5) the topological structure drawing; (only submitted at the end of December of each year) (6) the scope of IP address, including all kinds of IP address sections used by the dial-in users; (only submitted at the end of December of each year) (7) the distribution of IP addresses in backbone network, including the geographical location of each IP address in the router of international access and of the backbone IP address. ATTACHMENT V: REQUIREMENTS ON THE SUBMISSION OF DOCUMENTS BY THE OPERATOR OF AN ICA When the operator of the ICA is submitting the above said documents to the Ministry of Information Industry, it shall report to the administrative bureau for communications of the province, autonomous region or municipality directly under the Central Government where the ICA is established. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|