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	MEASURES FOR THE ADMINISTRATION OF LANDING OF FOREIGN SATELLITE TELEVISION CHANNELS (NO. 27)

	(Order of the State Administration of Radio, Film and Television (No.27), June 18, 2004: The Measures for the Administration of Landing of Foreign Satellite Television Channels, which were adopted at the executive meeting on June 15, 2004, are hereby promulgated, and shall come into force as of August 1, 2004)


SUBJECT : TV; FOREIGN SATELLITE TELEVISION CHANNELS
ISSUING DEPARTMENT : STATE ADMINISTRATION OF RADIO, FILM AND TELEVISION
ISSUE DATE : 06/18/2004
IMPLEMENT DATE : 08/01/2004
LENGTH : 1,450 words
TEXT :

Article 1. The present Measures are formulated for the purpose of strengthening the administration of landing of foreign satellite television channels (hereinafter referred to the foreign satellite television channel) within the territory of China.

Article 2. 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 3. Upon approval of the SARFT, foreign satellite television channels may land within a prescribed range, such as foreign-related hotels at the three-star level or above, and the foreign-related flats provided exclusively to foreigners as office or residence, and other specific areas.

Article 4. To land in China, a foreign satellite television channel shall satisfy the following conditions:

(1) The contents of the channels shall not violate any of the laws, regulations or 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 make commitments 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 the 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 5. The SARFT shall make examination and approval of application for landing of foreign satellite television channels once a year, between July and September, and the period of validity for each examination and approval shall be one year.

Article 6. For one foreign satellite television institution, only one channel thereof may be approved to land within the specific range in principle. No news-oriented foreign satellite television channel may be approved to land within China in principle. And no satellite television channel that is launched or jointly operated abroad by any domestic radio and television institution or any other relevant department, organization, enterprise or individual shall be approved to land within China. If the circumstances are special, the application shall be submitted to SARFT for special approval.

Article 7. The application for the landing of a foreign satellite television channel shall be filed by the designated institution to the SARFT.

Before filing an application, the designated institution shall make appraisal on whether the foreign satellite television channels to be landed by it as an agent meet the conditions prescribed in Article 4 and the agency technical conditions, and report the relevant work conditions to the SARFT, who shall then propose opinions on whether to allow the designated institution to negotiate with the foreign satellite television channel on the landing matters. If the SARFT does not agree to the negotiation, it may reject the application of the designated institution.

Article 8. A designated institution shall, when apply for landing of foreign satellite television channels, submit:

(1) The Memorandum of Satellite Television Channels filled in by the foreign satellite television channel;

(2) The certificates prescribed in Articles 4 and 6 herein and the reception devices such as decoders, etc., which are provided by the foreign satellite television channel. The relevant documents shall be written in Chinese, if they are written in other language, a Chinese version shall be attached and shall prevail over the foreign language one;

(3) The appraisal report of the designated institution; and

(4) The cooperation agreement signed by the designated institution and the foreign satellite television channel.

Article 9. The SARFT shall make decision on whether to approve the landing of any foreign satellite television channel that meets the conditions prescribed in Articles 4 and 6 of the present Measures within the time limit prescribed by the Administrative License Law.

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 and the broadcast ways pursuant to the requirements of the designated institution; perform the agreement signed with the designated institution; and may not carry out within China any promotional 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 broadcasting 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 national security of China, impairing the reputation and interests of China, and divulging the state secrets of China;

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

(4) Those endangering the social stability of China, advocating obscenity, violence, superstition, cult, 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;

(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 major 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, and the subtitles, etc.;

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

(4) Alterations of any of the contents involved in Articles 4 and 6 hereof.

If the SARFT believes 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 accordingly 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 No. 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 the 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 broadcasts any content that violate Article 12 of the present Measures, the designated institution shall immediately stop the transmission of the violating content.

Article 16. Where a foreign satellite television channel approved to land violates any provisions of the present Measures, if the circumstance is minor, the SARFT shall give it a warning and require it to state the situation and make correction; if the circumstance is serious, the 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 being subject to punishment, eliminate such bad influence within the same dissemination range pursuant to the requirements of the SARFT.

Article 18. The present Measures shall apply, by analogy, to the administration of foreign satellite television channels approved by the SARFT to land within the specified areas within China.

Article 19. The present Measures shall come into force on August 1, 2004. The Measures for the Administration of Examination and Approval of the Landing of Foreign Satellite Television Channels (Order No. 22 of SARFT) promulgated by the SARFT shall be repealed at the same time.