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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II WIRELESS TRANSMISSION COVERING BUSINESS OF RADIO AND TELEVISION CHAPTER III USE OF WIRELESS TRANSMISSION COVERING NETWORK FREQUENCY OF RADIO AND TELEVISION CHAPTER IV ORDER OF RADIO AND TELEVISION WIRELESS LAUNCHING EQUIPMENTS CHAPTER V REMOVAL AND CONSTRUCTION AND PROTECTION OF WIRELESS RADIO AND TELEVISION FACILITIES CHAPTER VI PENALTY PROVISIONS CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures are formulated according to the Regulation on the Administration of Radio and Television and the Regulation on the Protection of Radio and Television Facilities for the purpose of safeguarding the normal operation of the radio and television transmission covering business, maintaining the order of radio and television broadcasting, and strengthening the administration of wireless transmission covering network of radio and television. Article 2. The wireless transmission covering network of radio and television (hereinafter referred to "wireless transmission covering network") referred to in the present Measures includes the transmitting stations for radio and television, relay stations, differential relay stations, stations for listening and transmitting, microwave platforms, program transmitting stations, radio and television satellites, satellite earth stations and monitoring stations. The wireless transmission covering business of radio and television refers to any activity of transmitting radio and television program signals by virtue of the wireless transmission covering network of radio and television. Article 3. The State Administration of Radio, Film and Television (hereinafter referred to "SARFT") shall be responsible for the administration of national radio and television wireless transmission covering network, the formulation of national wireless transmission covering network planning, the examination and approval of wireless transmission covering business of radio and television, the distribution of frequency bands for the exclusive use of radio and television (hereinafter referred to "radio and television frequency") as well as the administration of national wireless transmission covering network. The local radio, film and television administrative departments shall be responsible for the administration of wireless transmission covering networks within their respective administrative divisions. Article 4. A wireless transmission covering network shall be set up by the radio, film and television administrative department at or above the county level pursuant to relevant rules, and the safety and quality of wireless transmission covering network of radio and television within this administrative division shall be guaranteed. Article 5. The site-selection, designing, construction and installation of the project of wireless transmission covering network shall be carried out pursuant to relevant rules of the State, and be undertaken by an entity which has obtained the corresponding qualification. The engineering and wireless radio and television transmission equipments used shall comply with national standards, trade standards or other relevant rules. Article 6. The State implements a license system for the wireless transmission covering business of radio and television, the use of radio and television frequencies, the purchase of radio and television wireless transmission equipments as well as the removal and construction of wireless radio and television transmission facilities. The radio, film and television administrative departments shall handle relevant license matters pursuant to the time limit as specified by the Administrative License Law. The licenses shall be uniformly printed by the SARFT, and no forging, pirating, leasing or transferring may be permitted. Article 7. It shall be strictly forbidden by the State to transmit anything as prohibited by the laws, administrative regulations and ministerial rules by means of the wireless transmission covering network. CHAPTER II WIRELESS TRANSMISSION COVERING BUSINESS OF RADIO AND TELEVISION Article 8. To engage in the wireless transmission covering business of radio and television programs by virtue of ground wireless, microwave and satellite, an entity shall obtain a License of Transmission Covering Business of Radio and Television (Wireless) according to the prescriptions of the present Measures. The period of validity for a license shall be four years. If it needs to continue its operations when the period expires, the formalities shall be handled pursuant to the examination and approval procedures as specified by the present Measures six months before the expiration. Article 9. The following institutions may apply for a License of Transmission Covering Business of Radio and Television (Wireless): (1) a radio and television broadcasting institution established upon the approval of the SARFT; (2) a radio, television and film group (chief station) and its affiliated institutions established upon the approval of the SARFT; (3) a state-owned or state holding institution capable of wireless radio and television transmission covering. Article 10. To apply for a License of Transmission Covering Business of Radio and Television (Wireless), an entity shall: (1) have independent legal entity status; (2) comply with the overall planning and professional requirements of wireless transmission covering network of radio and television ; (3) have necessary design documents or technical appraisal reports and capital construction funds as well as stable fund guarantee; (4) have necessary workplaces and a safe and reliable working environment; and (5) comply with the technical planning of ground radio and television transmission covering network for the application of wireless transmission covering business of ground radio and television; and (6) have lawful sources of transmitted radio and television program signals. Article 11. To apply for a License of Transmission Covering Business of Radio and Television (Wireless), an entity shall provide the following documents: (1) basic information concerning the application institution and a photocopy of legal entity status certificate; (2) an application form of radio and television transmission covering business; (3) transmission covering means, scope, service areas and programs to be adopted; (4) technical schemes and a mechanism for guaranteeing technical safety; (5) fund guarantee and sources; (6) certificates of lawful radio and television program signal sources, transmission means and scope; and (7) the document showing the consent of the people¡¯s government of the same level for operating the business. To apply for operating a satellite transmission covering network of domestic radio and television programs, an entity shall provide the following documents in addition: (1) certificates of lawful radio and television program sources, and transmission means and scope; (2) technical measures and prepared counter-emergency plans to ensure the safety of radio and television transmission; (3) the orbital position of satellite, serial number of transponder, polarization method, symbol rate, frequency as well as access test; (4) systems of safe broadcasting and operation and maintenance; (5) professional technical staff and equipment conditions; and (6) conditions of fund guarantee and working environment. Article 12. The following businesses, an application institution shall submit a written application to the local radio and television administrative department at or above the county level, and report to the SARFT for examination and approval after level-by-level examinations so as to get a License of Transmission Covering Business of Radio and Television (Wireless): (1) medium wave or short wave broadcasting; (2) FM, television broadcasting (using launching equipments with the normal power of the transmitter being 50 watts or more); (3) FM synchronous broadcasting; (4) ground digital sound broadcasting and television broadcasting; (5) multiplex broadcasting; (6) transmission of radio and television programs by using microwave and its coverage involving two or more provinces (autonomous regions or municipalities directly under the Central Government). Article 13. The following businesses which has been entrusted to a provincial radio and television administrative department to examine and approve by the SARFT, an application entity shall submit a written application to the local radio and television administrative department at or above the county level, and report to the provincial radio and television administrative department so as to get the License of Transmission Covering Business of Radio and Television (Wireless) after level-by-level examinations: (1) transmission of radio and television programs by using microwave and its coverage only within a same province (autonomous region or municipality directly under the Central Government); (2) broadcasting by using FM of low power and launching equipments with the normal power of the transmitter being 50 watts or less). Article 14. To operate satellite transmission covering business of radio and television, it shall submit a written application to the radio and television administrative department at or above the provincial level, and upon examination, it shall be subject to examination and approval of the SARFT so as to get a License of Transmission Covering Business of Radio and Television (Wireless). Article 15. In order to guarantee the safety of radio and television transmission, the SARFT shall designate a State-owned radio and television institution as a uniform agent for matters of leasing and using satellite transponders for transmission of radio and television programs. No entity without a License of Transmission Covering Business of Radio and Television (Wireless) may lease or use a satellite transponder to transmit radio and television programs without approval. Article 16. In order to guarantee the safety of radio and television transmission, the SARFT may ask for changing or closing the satellite transponder for transmitting radio and television programs. Article 17. A License of Transmission Covering Business of Radio and Television (Wireless) shall contain the methods and subjects for enforcing transmission coverage business, programs of transmission coverage, and scope, technical methods as well as working frequency band. A license-holding entity shall engage in the wireless transmission covering business of radio and television pursuant to the items as specified by the license. CHAPTER III USE OF WIRELESS TRANSMISSION COVERING NETWORK FREQUENCY OF RADIO AND TELEVISION Article 18. In case an entity which has a License of Transmission Covering Business of Radio and Television (Wireless) applies for transmitting radio and television programs by using non-radio and non-television frequency of microwave and satellite, it shall handle the formalities for using any frequency in a national or provincial wireless administrative institution. Article 19. In case an entity which has obtained a License of Transmission Covering Business of Radio and Television (Wireless) applies for transmitting radio and television programs by using radio and television frequency, it shall offer: (1) an application form of radio and television frequency; (2) a technical appraisal report and coordination documents of the departments or entities concerned if the radio and television frequency which is applied for use may touch on the modification or adjustment of radio and television coverage network planning; and (3) examination opinions of relevant radio and television administrative departments. Article 20. In case an entity which has obtained the License of Transmission Covering Business of Radio and Television (Wireless) on the strength of Items 1 through 5 of Article 12 of the present Measures applies for using any radio and television frequency, it shall submit a written application to the radio and television administrative department at or above the county level, and report to the SARFT for examination and approval after level-by-level examinations so as to obtain a License for Radio and Television Frequency (Class A). The period of validity of license shall be four years. If it needs to continue its operations when the period expires, the formalities shall be handled pursuant to the examination and approval procedures as specified by the present Measures six months before expiration. Article 21. In case an entity which has obtained a License of Transmission Covering Business of Radio and Television (Wireless) on the strength of Item 2 of Article 13 of the present Measures applies for using any radio and television frequency, it shall submit a written application to the radio and television administrative department at or above the county level, and report to the provincial radio and television administrative department for examination and approval after level-by-level examinations, and get a License for Radio and Television Frequency (Class B). The period of validity of the license shall be four years. If it needs to continue its operations when the period expires, the formalities shall be handled pursuant to the examination and approval procedures as specified by the present Measures six months before the expiration. Article 22. In case an entity which has obtained the License for Radio and Television Frequency asks for setting up a radio station, it shall apply to a national or provincial wireless administrative institution for a station license. CHAPTER IV ORDER OF RADIO AND TELEVISION WIRELESS LAUNCHING EQUIPMENTS Article 23. In case an entity which has both the License of Transmission Covering Business of Radio and Television (Wireless) and the License for Radio and Television Frequency needs to purchase wireless radio and television launching equipments, it shall apply for obtaining a Certificate of Order of Wireless Radio and Television Launching Equipments (hereinafter referred to "Certificate of Order") to the organ which has issued the License for Radio and Television Frequency to it, and submit the following documents: (1) an application form of the Certificate of Order; (2) photocopies of the License of Transmission Covering Business of Radio and Television (Wireless) and the License for Radio and Television Frequency; and (3) examination opinions of relevant radio and television administrative departments. Article 24. For the launching equipments used for wireless transmission coverage network, one shall have examination and approval certificates of national radio launching equipment model and network-access certificates of radio and television equipments and facilities. Article 25. A productive enterprise shall produce and sell launching equipments in strict accordance with the technical parameters as stated in the Certificate of Order, and add the serial number of Certificate of Order on an equipment, and simultaneously post the acknowledgement of receipt of the Certificate of Order to the administrative organ which has issued the Certificate of Order. The Certificate of Order shall be filed for future reference as a voucher that the enterprise produces wireless radio and television launching equipments. Article 26. After the wireless radio and television launching equipments are installed, the entity which has installed the said launching equipments shall put forward an inspection application to the radio and television administrative department which has approved and issued the Certificate of Order within 20 days, and the corresponding radio and television administrative department or the entrusted institution thereof shall be responsible for the check and acceptance. The launching equipments may be put into regular operation until they are found to be qualified upon checks. CHAPTER V REMOVAL AND CONSTRUCTION AND PROTECTION OF WIRELESS RADIO AND TELEVISION FACILITIES Article 27. Any and all entities and individuals are obliged to protect the radio and television facilities. The radio and television administrative departments at or above the county level shall be responsible for the protection of radio and television facilities within their respective administrative divisions, and take measures to ensure the safety of radio and television facilities. Article 28. In case any of the wireless radio and television facilities requires removal as a result of significant projects or decision of local people's government, the urban planning administrative department shall obtain the consent of the SARFT prior to the examination and approval of the projects relating to urban planning. To remove and set up radio and television facilities, the following conditions shall be met: (1) complying with the overall planning of urban and rural construction and related rules of the State; (2) technical conditions and infrastructures meeting the requirements of safe broadcasting of radio and television; (3) meeting the requirements of radio and television transmission coverage business, and avoidance of all kinds of interference sources; (4) the surrounding environment meets the national protection standards relating to environmental electromagnetic wave; and (5) ensuring that the various performance of the radio and television facilities are met. Article 29. To apply for the removal and construction of wireless radio and television facilities, an entity shall submit the following documents: (1) approval documents for setting up wireless radio and television facilities and the causes for application of removal and construction; (2) opinions of the urban planning department; (3) approval documents of the local people's government; and (4) a technical appraisal report concerning radio and television transmission coverage. Article 30. The application entity shall submit a written application to the local radio and television administrative department, and report to the SARFT for examination and approval after level-by-level examinations. Article 31. In the removal and construction one shall stick to the principle of "construction prior to removal". The charges incurred from the removal and construction shall be assumed by the entities which cause the move and construction of radio and television facilities. CHAPTER VI PENALTY PROVISIONS Article 32. Anyone who violates the present Measures shall be punished pursuant to the Regulation on the Administration of Radio and Television and the Regulation on the Protection of Radio and Television Facilities. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 33. The present Measures shall come into force as of December 15, 2005. The Interim Provisions for the Administration of Radio and Television (No. 817 of [2001] of the Ministry of Radio, Film and Television) of the SARFT shall be repealed simultaneously. |
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