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	PROVISIONS OF LEASING OR PURCHASING CHANNELS AND ESTABLISHMENT OF STATIONS ABROAD (TRIAL)

	(Order No.12 [2002] of the State Administration of Radio, Film and Television, February 10, 2002: The Provisions of leasing or Purchasing Channels and Establishment of Stations Abroad (Trial) were adopted at the executive meeting of this Administration, and are hereby promulgated and shall come into force on March 10, 2002)


SUBJECT : CHANNELS & STATIONS ABROAD
ISSUING DEPARTMENT : STATE ADMINISTRATION OF RADIO, FILM AND TELEVISION
ISSUE DATE : 02/10/2002
IMPLEMENT DATE : 03/10/2002
LENGTH : 1,008 words
TEXT :

Article 1. These Provisions have been enacted in order to further promote and regulate radio and television agencies' rent and purchase of radio or television channels (frequencies), time periods and for establishment of radio stations and television stations (hereinafter referred to rent and purchase of channels and establishment of stations) abroad, and to expand the playing and coverage of China's radio and television programs abroad.

Article 2. The Rent and purchase of channels and the establishment of stations abroad shall comply with the overall arrangements and structure planning of the State Administration of Radio, Film and Television (SARFT), and shall adhere to the principle of "focusing on central agencies and paying attention to local agencies". Central and local radio and television agencies shall bring into play their respective advantages, and strengthen cooperation in terms of program, technology and capital.

Article 3. The SARFT shall be responsible for the examination and approval of the rent and purchase of channels and establishment of stations abroad of the whole country and the coordination among the relevant departments. The provincial-level administrative departments of radio and television shall be responsible for the administration of the rent and purchase of channels and establishment of stations abroad by provincial-level radio and television broadcasting agencies within their respective jurisdictions.

Article 4. Central and provincial-level radio and television broadcasting agencies may apply for the business of rent and purchase of channels and establishment of stations abroad.

Article 5. To undertake rent and purchase of channels and establishment of stations abroad, an entity directly affiliated to the SARFT must file an application with the SARFT, which will make the examination and approval.

To undertake rent and purchase of channels and establishment of stations abroad, an entity directly affiliated to a provincial-level administration of radio, film and television must file an application with the administration, and the application shall, with consent of the provincial-level administrative department of radio and television after examination, be submitted to the SARFT for examination and approval.

With respect to a cooperation project among the provinces (districts, cities), the provincial-level radio and television broadcasting agency of the place where the project is undertaken shall file an application with the SARFT, and the application shall, with consent of the involved provincial-level administrative departments of radio and television after examination, be submitted to the SARFT for examination and approval.

The SARFT may, regarding the circumstances, seek opinions from the relevant departments before the examination and approval.

Article 6. The following documents must be submitted for applying for rent and purchase of channels and establishment of stations abroad.

(1) Project application form;

(2) Demonstration on the necessity and feasibility of the project;

(3) Contents and schemes of the project;

(4) Relevant materials of the specific cooperators (agencies or individuals) about their political, economic and religious backgrounds and credit status;

(5) Agreement on cooperation intention;

(6) Project budget report;

(7) Schemes on the manufacturing, arrangement, transmission or broadcasting of the programs; and

(8) Other documents needed.

Article 7. For rent and purchase of channels and establishment of stations abroad, a radio or television broadcasting agency may adopt the form of sole proprietorship or equity joint or contractual joint venture with other domestic or foreign agencies.

Article 8. The administrative departments of radio and television at the provincial level and above shall be responsible for the supervision and administration of the operation of the projects of rent and purchase of channels and establishment of stations abroad. With respect to the cooperation projects among provinces (districts, cities), the relevant provincial-level administrative departments of radio and television shall, after consultation, designate or set up special agencies to be responsible for the supervision and administration of the operation of the projects.

Article 9. With respect to approved projects of rent and purchase of channels and establishment of stations abroad, if it is needed to alter the cooperator, alter the channel (frequency) and time period, or change or restructure the program on a large scale, the projects shall be submitted for approval anew following Article 5 of these Provisions.

Article 10. The programs broadcasted abroad through rent and purchase of channels or establishment of stations must meet the need for publicity and be pertinent, and shall meet the following requirements at the same time:

(1) Conforming to the laws and regulations of China;

(2) Introducing China to the world in an all-around and correct way;

(3) Helping to establish and maintain a good image of China;

(4) Helping to maintain the state unity and national solidarity;

(5) Helping to spread the excellent culture of the Chinese Nation;

(6) Being helpful to the development of relations between China and foreign countries and the exchange of culture; and

(7) Respecting the laws, national customs and practices, and religious beliefs of the country (region) where the project is broadcasted.

Article 11. The principle of "Centering on China and benefiting China" shall be adhered to in the rent and purchase of channels and the establishment of stations abroad, and Chinese radio and television programs shall be preferred in re-broadcasting and use. Chinese radio and television programs shall account for the majority of the programs broadcasted in the channels, frequencies and time periods rented or purchased and in the stations established.

Article 12. The domestic receipt of the channels rent or purchased and the stations established abroad shall follow the relevant provisions of the state on the administration of overseas satellite television.

Article 13. If anyone violates Article 5, 9, 10 or 11 of these Provisions, the administrative department of radio and television shall give it a warning and order it to stop and correct the rule-breaking act, and shall give administrative sanctions to the directly responsible personnel in charge and other directly responsible personnel.

Article 14. Those that have rent or purchased channels or established stations abroad before the implementation of these Provisions shall go through the formalities anew pursuant to these Provisions within 6 months from the day on which these Provisions are put into implementation.

Article 15. These Provisions shall come into force as of March 10, 2002.