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境外卫星电视频道落地管理办法 Administration of the Landing of Foreign Satellite Television Channels Procedures

2006-05-12 21:37   我要纠错 | 打印 | 收藏 | | |

国家广播电影电视总局令第27号

(Promulgated by the State Administration of Radio, Film and Television on 18 June 2004 and effective as of 1 August 2004.)

颁布日期:20040618  实施日期:20040801  颁布单位:国家广播电影电视总局

  Article 1 These Procedures have been formulated in order to strengthen the administration of the landing of foreign television channels transmitted by way of satellite (Foreign Satellite Television Channels) in China.

  Article 2 The State Administration of Radio, Film and Television (SARFT) is responsible for implementing centralized administration of, and the examination and approval system for, the landing of Foreign Satellite Television Channels.

  Article 3 Subject to the approval of SARFT, Foreign Satellite Television Channels may be landed within stipulated confines such as guest houses and hotels ranked with three stars or above that receive foreign guests and apartment buildings exclusively for office and residential use by persons from abroad, and within other specially designated confines.

  Article 4 In order to apply to land a foreign satellite television channel, the following conditions shall be met:

  1. the channel‘s broadcast contents do not violate the laws, regulations or rules of China;

  2. the channel is a legal television media in its home country (region);

  3. the channel has the actual integrated capabilities to engage in reciprocal cooperation with Chinese radios and televisions and undertakes to land, and actively assists in landing, Chinese radio and television programmes abroad;

  4. the channel applying for landing and its directly related organizations have friendly relations with China and have long-term friendly exchanges and cooperation in radio and television broadcasting with China;

  5. the channel agrees to centrally transmit its programmes by way of the organization designated by SARFT (Designated Organization) and undertakes not to land such programmes in China by any other means; and

  6. the channel agrees on, and entrusts, a Designated Organization to be the exclusive agent for all matters related to landing in China.

  Article 5 SARFT will examine applications for the landing of Foreign Satellite Television Channels once per year, which shall be valid for one year each time. The examination shall be carried out between July and September every year in general.

  Article 6 A foreign radio or television organization will in principle be granted approval to land only one of its satellite television channels within the scope specified. In principle, no approval will be granted to land in China foreign satellite news channels or satellite television channels established or jointly established abroad by domestic radio or television organizations or other relevant departments, groups, enterprises or individuals. In special circumstances, special approval of SARFT will be required.

  Article 7 To apply to land a foreign satellite television channel an application must first be filed by the Designated Organization to SARFT.

  Prior to application, a Designated Organization shall assess the foreign satellite television channel for which it intends to be an agent on the satisfaction of the conditions stipulated in Article 4 and the technical conditions, and shall report the work progress to SARFT. SARFT shall give an opinion on whether it agrees to the consultation of the Designated Organization with the foreign satellite television channel regarding the landing. If it does not agrees to the consultation, SARFT shall not accept such application of the Designated Organization.

  Article 8 When a Designated Organization applies for the landing of a foreign satellite television channel, it shall submit:

  1. a Satellite Television Channel Memorandum completed by the foreign satellite television channel;

  2. supporting materials with particulars specified in Articles 4 and 6 hereof provided by the foreign satellite television channel and reception devices such as decoders. The relevant materials shall be written in Chinese. If the materials are written in another language, a Chinese translation shall be attached, which shall be the standard;

  3. an assessment report of the Designated Organization; and

  4. a cooperation agreement concluded by the Designated Organization with the foreign satellite television channel.

  Article 9 SARFT shall decide on whether or not to approve the landing of the Foreign Satellite Television Channels that satisfy the conditions stipulated in Articles 4 and 6 hereof according to the time limit stipulated in the Administrative Licensing Law.

  Article 10 Foreign Satellite Television Channels that have been granted approval to land shall comply with the various provisions of China concerning the administration of foreign satellite television.

  Article 11 Foreign Satellite Television Channels that have been granted approval to land shall adjust the scope and format of broadcast coverage of the original satellite signals according to the requirements of the Designated Organization correspondingly and perform the agreements with the Designated Organization. They may not carry out promotional activities for their television channel and their brand name, and the relevant receiving equipment in China without authorization.

  Article 12 Foreign Satellite Television Channels that have been granted approval to land are prohibited from broadcasting programmes containing content that:

  1. compromises the national unity, sovereignty or territorial integrity of China;

  2. compromises the national security of China, harms the reputation or interests of China, or discloses State secrets;

  3. incites ethnic disintegration, ethnic hatred, ethnic discrimination in China, damages inter-ethnic unity or violates the customs and habits of ethnic groups in China;

  4. compromises the social stability of China, propagates obscenity, violence, superstitions, evil cults or incites the commission of crimes;

  5. slanders or insults a third party or infringes upon the lawful rights and interests of a third party;

  6. compromises the public morality of China or slanders the refined indigenous culture and traditions of China; or

  7. violates laws, regulations or rules of China.

  Article 13 Where there is a change in the following matters in relation to Foreign Satellite Television Channels, the foreign satellite television channel shall circulate a notice to, and consult with, the Designated Organization in advance, and the Designated Organization shall report the matter to SARFT:

  1. a change in the equity structure, operation rights, investor, main management personnel of the channel and its directly related organizations;

  2. a change in the major items listed in the Satellite Television Channel Memorandum, such as the name or type of the channel, the constituents of programmes, broadcasting language, subtitles, etc.;

  3. a change in whether the signals broadcast by the channel are encrypted, or in the relevant technical parameters such as the satellite transmitting the signals and the areas it covers, etc.; and

  4. a change in the items stipulated in Articles 4 and 6 hereof.

  Where SARFT deems that the channel that has been granted approval to land no longer satisfies the provisions hereof due to a change in the aforementioned items, it may handle the matter correspondingly until the termination of the channel‘s landing qualifications.

  Article 14 Radio and television administrative departments at all levels shall administer the receiving activities of the relevant foreign satellite televisions in accordance with the Administration of Terrestrial Receiving Equipment for Satellite Television Broadcasts Provisions (State Council Order No. 129) and the relevant provisions.

  Article 15 Designated Organizations shall adopt the necessary measures, assist the radio and television administrative department in the supervision of the relevant acts and broadcast contents of the Foreign Satellite Television Channels for which they are the agent, coordinate with the implementation of the relevant handling actions of SARFT, and report the problems discovered in a timely manner.

  If a foreign satellite television channel that has been granted approval to land broadcasts content violates Article 12 hereof, the Designated Organization shall terminate the transmission of contents that are in violation of provisions.

  Article 16 If a foreign satellite television channel that has been granted approval to land violates the provisions hereof and the circumstances are minor, SARFT shall issue a warning, request the channel to state the circumstances and carry out rectification. If the circumstances are serious, the transmission of its specific contents shall be suspended, and the relevant landing qualifications of the channel shall be suspended or revoked.

  Article 17 If a foreign satellite television channel that has been granted approval to land causes negative effects, the channel shall eliminate the negative effects within the same scope as that of the original broadcast as requested by SARFT, in addition to accepting the corresponding handling actions.

  Article 18 Foreign Satellite Television Channels that have been granted approval by SARFT to land in specific regions of China shall be governed by reference to these Procedures.

  Article 19 These Procedures shall be implemented as of 1 August 2004. The Administration of the Landing of Foreign Satellite Television Channels Procedures (SARFT Order No. 22) promulgated by SARFT shall be repealed simultaneously.

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