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	MEASURES FOR THE ADMINISTRATION OF THE LANDING OF FOREIGN SATELLITE TELEVISION CHANNELS (NO. 22)

	(Order of the State Administration of Radio, Film and Television (No.22), December 4, 2003: The Measures for the Administration of the Landing of Foreign Satellite Television Channels, which were adopted at the executive meeting of this Administration on November 14, 2003, are hereby promulgated and shall come into force on January 10, 2004)


SUBJECT : TV; FOREIGN SATELLITE TELEVISION CHANNELS
ISSUING DEPARTMENT : THE STATE ADMINISTRATION OF RADIO, FILM AND TELEVISION
ISSUE DATE : 12/04/2003
IMPLEMENT DATE : 01/10/2004
LENGTH : 1,413 words
TEXT :

Article 1. The present Measures are formulated in order to strengthen the administration of the landing of foreign satellite television channels.

Article 2. The present Measures shall apply to the administration of the landing of foreign satellite television channels within the People's Republic of China through satellite transmission.

Article 3. The State Administration of Radio, Film and Television (hereinafter referred to SARFT) shall be in charge of the centralized administration of the landing of foreign satellite television channels, and apply the system of examination and approval to the landing of foreign satellite television channels.

Article 4. Upon approval of SARFT, foreign satellite television channels may land within the prescribed range, such as foreign-related hotels at the three-star level or above, and the foreign-related flats especially provided to foreigners as office or residence, and other specific ranges.

Article 5. To land in China, a foreign satellite television channel shall satisfy the following conditions:

(1) The contents played shall not violate the provisions of the laws, regulations and rules of China;

(2) The applicant is a legal television media in its home country (region);

(3) The applicant shall possess the comprehensive strength to conduct mutually beneficial cooperation with the radio and television stations of China, and undertake and actively assist in the landing abroad of China's radio and television programs;

(4) The channel applying for landing and the institutions directly related thereto are friendly to China, and have long friendly exchange and cooperation relationship with China in the field of radio and television;

(5) The applicant shall agree that the programs of its channel should be transmitted by the institution designated by SARFT (hereinafter referred to designated institution) in a unified way, and undertake not to land those programs within China through any other means; and

(6) The applicant shall agree to entrust the designated institution to act as its agent to handle all the matters related to the landing within China.

Article 6. SARFT will make the examination and approval of the applications for landing of foreign satellite television channels once every year, between July and September.

Article 7. For one foreign satellite television institution, only one channel thereof may be approved to land within the specific range as a general principle. No news-oriented foreign satellite television channel shall be approved to land within China as a general principle. And no satellite television channel that is launched or jointly operated abroad by any domestic radio and television institution or any other relevant departments, organizations, enterprises or individuals shall be approved to land within China. For any special circumstances, the application shall be submitted to SARFT for special approval.

Article 8. To apply for the landing of a foreign satellite television channel, the applicant must first file the application with the designated institution, fill in the Memorandum of Satellite Television Channels pursuant to the requirements, and submit the certificates prescribed in Articles 5 and 7 herein and the reception devices such as decoders, etc. Where the application materials are incomplete, the applicant shall supplement the lacking part within 14 days from the day of receiving the relevant notice, and shall be deemed as waiving the application automatically if failing to make supplementation within the said time limit. After the application materials are complete, the designated institution shall file the application to SARFT for the landing within China of the foreign satellite television channel for which it acts as an agent.

Article 9. Where SARFT agrees that the designated institution negotiate with the foreign satellite television channel on the agency of the landing of its channel, if that foreign satellite television channel applies for landing for the first time, it shall negotiate on the relevant cooperation matters with the designated institution within 60 days; if it obtained the landing qualification in the last year, it shall make the negotiation within 45 days. And it shall be deemed as waiving the application automatically if failing to make the negotiation within the said time limits.

SARFT shall grant approval for the landing of the foreign satellite television channel, if it satisfies the conditions provided for in Articles 5 and 7 hereof.

Article 10. A foreign satellite television channel approved to land must abide by the relevant provisions of China on the administration of foreign satellite television.

Article 11. A foreign satellite television channel approved to land shall adjust the coverage of the original satellite signals pursuant to the requirements of the designated institution; perform the agreement signed with the designated institution; and may not carry out within China any promotion activities for the television channel, the brand thereof, and the relevant reception devices without authorization.

Article 12. A foreign satellite television channel approved to land shall be prohibited from playing any program containing any of the following contents:

(1) Those endangering the unification of the state and the integrity of the sovereignty and territory of China;

(2) Those endangering the state security of China, impairing the honor and interest of China, and divulging the state secrets of China;

(3) Those inciting the splitting of nationalities, stirring up hatred and discrimination among the nationalities, undermining the solidarity of the nationalities, and infringing upon the customs and habits of the nationalities of China;

(4) Those endangering the social stability of China, advocating obscenity, violence, superstition, evil religions, and instigating commitment of crimes;

(5) Those defaming or insulting others and infringing upon the legitimate rights and interests of others;

(6) Those endangering the public morality of China and defaming the excellent cultural traditions of China; or

(7) Other contents that violate the laws, regulations, and rules of China.

Article 13. Any of the following alterations to a foreign satellite television channel approved to land must be notified to the designated institution in advance for consultation, and the designated institution shall report to SARTF:

(1) Alterations of the shareholding structure, management power, investors, and principal managers of the channel and the institutions directly related thereto;

(2) Alterations of the important matters specified in the Memorandum of Satellite Television Channels, such as the name of the channel, the type of the channel, the constitution of the program, the broadcasting languages, the subtitles, etc.;

(3) Alterations of relevant technical parameters, such as whether the broadcasting signals are coded or not, the transmitting satellites and the coverage, etc.; or

(4) Alterations of any of the contents involved in Articles 5 and 7 hereof.

If SARFT deems that a channel approved to land no longer satisfies the conditions provided for herein due to any of the abovementioned alterations, it may deal with the channel correspondingly or even disqualify that channel from landing.

Article 14. The administrative departments of radio and television at various levels shall administer the reception of relevant foreign satellite television channels pursuant to the Provisions on the Administration of Earth Reception Facilities for Satellite Television and Radio Programs (Order 129 of the State Council) and the relevant provisions.

Article 15. The designated institution shall take necessary prevention and treatment measures to assist the administrative department of radio and television to supervise the relevant acts and the contents played by the foreign satellite television channel for which it acts as an agent, cooperate with SARFT in the relevant handling, and report in good time any problems that have been found out.

Where a foreign satellite television channel approved to land plays any contents that violate Article 12 hereof, the designated institution shall immediately stop the transmission of the rule-breaking contents.

Article 16. Where a foreign satellite television channel approved to land violates any provisions hereof, if the offence is minor, SARFT shall give it a warning and require it to state the situation and make correction; if the offence is serious, SARFT shall suspend the transmission of the specific contents, and suspend or revoke the landing qualification of the relevant channel.

Article 17. Where a foreign satellite television channel approved to land has caused any bad influence, it shall, apart from accepting the corresponding treatments, eliminate such bad influence within the same dissemination range pursuant to the requirements of SARFT.

Article 18. The present Measures shall be referred to with respect to the administration of the foreign satellite television channels approved by SARFT to land within the specified areas within China.

Article 19. The present Measures shall come into force on January 10, 2004. The Interim Measures for the Administration of the Examination and Approval of the Landing of Foreign Satellite Television Channels (Order No.8 of SARFT) shall be repealed at the same time.