ADMINISTRATIVE MEASURES FOR RECEPTION OF TELEVISION PROGRAMMESTRANSMITTED VIA FOREIGN SATELLITES BY GROUND SATELLITE RECEIVING FA-CILITIES

ADMINISTRATIVE MEASURES FOR RECEPTION OF TELEVISION PROGRAMMESTRANSMITTED VIA FOREIGN SATELLITES BY GROUND SATELLITE RECEIVING FA-CILITIES This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document ADMINISTRATIVE MEASURES FOR RECEPTION OF TELEVISION PROGRAMMES TRANSMITTED VIA FOREIGN SATELLITES BY GROUND SATELLITE RECEIVING FA- CILITIES (Approved by the State Council on April 9, 1990 and promulgated in the No.1 Decree jointly issued by the Ministry of Radio, Film and Television, the Ministry of Public Security and the Ministry of State Security on May 28, 1990) Article 1 These Measures are formulated for the purpose of strengthening the administration of reception of television programmes transmitted via foreign satellites by ground satellite receiving facilities, safeguarding the economic, technological and cultural exchanges with foreign countries and promoting the construction of socialist material civilization and spiritual civilization.

Article 2 The term "reception of television programmes transmitted via foreign satellites by ground satellite receiving facilities" as used in these Measures refers to the reception by units of foreign-satellite-transmitted television programmes that are directly related to the work or business operations of these units by utilizing their existing ground satellite receiving facilities or installing special ground satellite receiving facilities.

Article 3 The Ministry of Radio, Film and Television shall be in charge of the administration of reception of the television programmes transmitted via foreign satellites by ground satellite receiving facilities throughout China.

The departments (or bureaus) of radio and television of the provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of administration of the reception of the television programmes transmitted via foreign satellites by ground satellite receiving facilities in their respective administrative areas.

Article 4 Units of education, scientific research, journalism, finance, and economic relations and trade and other units that are really necessitated by the needs of work may, in accordance with the provisions of these Procedures, apply to utilize their existing ground satellite receiving facilities or install special ground satellite receiving facilities to receive television programmes transmitted via foreign satellites. Guest houses (or hotels) and apartments which permanently accommodate foreigners may, on condition that it is really necessary for them to provide economic information services concerning international financial and marketing situation, apply to install special ground satellite receiving facilities to receive television programmes transmitted via foreign satellites in accordance with these Procedures.

Services with respect to the installation and administration of ground satellite receiving facilities for receiving television programmes transmitted via foreign satellites shall be organized and provided by Chinese departments of radio and television.

Article 5 A unit that intends to utilize its existing ground satellite receiving facilities or install special ground satellite receiving facilities to receive television programmes transmitted via foreign satellites shall satisfy the following requirements: (1) the work or business operations of the applying unit demands reception of television programmes transmitted via foreign satellites; (2) the direction of reception, the content thereof and the scope of eligible viewers have been definitely specified; (3) the applying unit possesses the technology and equipment that measure up to the standard of the state; (4) the applying unit possesses qualified professional personnel for the administration of such programmes; and (5) there is a sound system of administration in the applying unit.

Article 6 A unit that intends to utilize its existing ground satellite receiving facilities or install special ground satellite receiving facilities to receive television programmes transmitted via foreign satellites shall apply in writing to the competent department at or above the provincial level. If consent is granted thereto upon examination, the applying unit shall proceed to submit the application for examination and approval to the department (or bureau) of radio and television of the province, autonomous region or municipality directly under the Central Government where the applying unit is located. Upon approval by the department (or bureau) of radio and television, a permit to receive television programmes transmitted via foreign satellites (hereinafter referred to as "permit") shall be issued to the applying unit and the case shall be reported by the examining and approving authorities to the Ministry of Radio, Film and Television, the Ministry of Public Security and the Ministry of State Security for the record.

Article 7 Without holding a permit, no unit already in possession of ground satellite receiving facilities may receive television programmes transmitted via foreign satellites, no other units may, without holding a permit, install ground satellite receiving facilities to receive television programmes transmitted via foreign satellites.

Article 8 A unit holding a permit shall, in receiving and making use of foreign television programmes, strictly comply with the requirements specified in the permit as to the purpose of reception, the content, directions and modes thereof and the scope of eligible viewers.

No permit may be tampered with or transferred. If changes in the work or business operations require alterations in the provisions of the permit or make it no longer necessary to receive television programmes transmitted via foreign satellites, the unit concerned shall submit in good time to the examining and approving authorities a request for the issuance of a new permit or for the cancellation of the permit already issued and the examining and approving authorities shall report the case to the authorities concerned for the record in accordance with the provision of Article 6 of these Measures.

Article 9 A unit holding a permit may use the television programmes received from transmission via foreign satellites only in the work or business operations of the unit itself and, unless otherwise approved by the leadership of the unit, no television programmes received from transmission via foreign satellites may be recorded. It shall be strictly forbidden to replay the television programmes received from transmission via foreign satellites at any domestic television stations, closed-circuit television stations or video-tape projection centres or to transmit them by any other means. The catalogue of the audio-visual materials recorded upon approval shall be submitted regularly for the records to the departments of radio and television, public security and state security in the locality where the unit is situated.

The recorded audio-visual materials shall be placed for strict safe- keeping by a specially appointed person.

Article 10 Departments of radio and television, public security and state security shall be responsible for exercising supervision and inspection over the administration of the reception of television programmes transmitted via foreign satellites by ground satellite receiving facilities and shall have the right to stop any acts of violation of these Procedures in receiving, recording or transmitting television programmes transmitted via foreign satellites.

Article 11 If any unit violates the provisions in Articles 8 and 9 of these Measures, the department (or bureau) of the province, autonomous region or municipality directly under the Central Government shall, in conjunction with the Department (or Bureau) of Public Security and the Department (Bureau) of State Security at the same level and in accordance with the seriousness of the case, give such penalties as issuing a warning, imposing a fine of not more than Renminbi 20,000 yuan or, in an extreme case, revoking the permit. Where the permit is revoked, the ground satellite receiving facilities may also be confiscated concurrently. The department (or bureau) of radio and television, the department (of bureau) of public security and the department (or bureau) of state security of the province, autonomous region or municipality directly under the Central Government may suggest to the competent department concerned that administrative sanctions be imposed on the unit's leading personnel in charge of the work and other persons directly responsible. If the violation is so serious as to constitute a crime, criminal liability shall be investigated by the judicial department in accordance with the law.

Article 12 If, in violation of the provision in Article 7 of these Measures, any unit without holding a permit installs ground satellite receiving facilities or receives television programmes transmitted via foreign satellites without authorization, the department (or bureau) of radio and television may, in accordance with the department (or bureau) of public security and the department (or bureau) of state security at the same level, confiscate the ground satellite receiving facilities, with an additional imposition of a fine of not more than Renminbi 50,000 yuan, and may suggest to the competent department concerned to impose administrative sanctions on the unit's leading personnel in charge of the work and other persons directly responsible. Those who have recorded the programmes or disseminated them without authorization, if the circumstances are so serious as to constitute a crime, shall be investigated for criminal liability by the judicial department in accordance with the law.

Article 13 Any party who is not satisfied with the penalty of a fine or of the revocation of the permit may, within 15 days of receipt of the decision on penalty, apply to the people's government at the same level for reconsideration or may file a suit with the people's court. Any party who is not satisfied with the result of the administrative reconsideration may, within 15 days of receipt of the decision of reconsideration, file a suit with the people's court. If no application for reconsideration is submitted or no suit is filed within the prescribed period, the penalty of revoking the permit shall go into effect. If no application for reconsideration is submitted or no suit is filed within the prescribed period and yet the fine imposed is not turned in, the authorities that have made the decision on penalty shall apply to the people's court for compulsory execution.

Article 14 With respect to reception of television programmes transmitted via foreign satellites by units of the armed forces and the departments of public security and state security utilizing their existing ground satellite receiving facilities or installing special ground satellite receiving facilities as are necessitated by national defence and public security and state security, the Headquarters of the General Staff of the Chinese People's Liberation Army, the Ministry of Public Security and the Ministry of State Security shall respectively formulate measures for the administration thereof. If foreign embassies (or consulates) stationed in China and other institutions which enjoy diplomatic privileges and immunities intend to install ground satellite receiving facilities to receive television programmes transmitted via foreign satellites, they shall handle the matter through diplomatic channels.

Article 15 The Ministry of Radio, Film and Television shall be responsible for the interpretation of these Measures.

Article 16 These Measures shall go into effect as of the date of promulgation.

television programmes transmitted via foreign satellites.

Article 11 If any unit violates the provisions in Articles 8 and 9 of these Measures, the department (or bureau) of the province, autonomous region or municipality directly under the Central Government shall, in conjunction with the Department (or Bureau) of Public Security and the Department (Bureau) of State Security at the same level and in accordance with the seriousness of the case, give such penalties as issuing a warning, imposing a fine of not more than Renminbi 20,000 yuan or, in an extreme case, revoking the permit. Where the permit is revoked, the ground satellite receiving facilities may also be confiscated concurrently. The department (or bureau) of radio and television, the department (of bureau) of public security and the department (or bureau) of state security of the province, autonomous region or municipality directly under the Central Government may suggest to the competent department concerned that administrative sanctions be imposed on the unit's leading personnel in charge of the work and other persons directly responsible. If the violation is so serious as to constitute a crime, criminal liability shall be investigated by the judicial department in accordance with the law.

Article 12 If, in violation of the provision in Article 7 of these Measures, any unit without holding a permit installs ground satellite receiving facilities or receives television programmes transmitted via foreign satellites without authorization, the department (or bureau) of radio and television may, in accordance with the department (or bureau) of public security and the department (or bureau) of state security at the same level, confiscate the ground satellite receiving facilities, with an additional imposition of a fine of not more than Renminbi 50,000 yuan, and may suggest to the competent department concerned to impose administrative sanctions on the unit's leading personnel in charge of the work and other persons directly responsible. Those who have recorded the programmes or disseminated them without authorization, if the circumstances are so serious as to constitute a crime, shall be investigated for criminal liability by the judicial department in accordance with the law.

Article 13 Any party who is not satisfied with the penalty of a fine or of the revocation of the permit may, within 15 days of receipt of the decision on penalty, apply to the people's government at the same level for reconsideration or may file a suit with the people's court. Any party who is not satisfied with the result of the administrative reconsideration may, within 15 days of receipt of the decision of reconsideration, file a suit with the people's court. If no application for reconsideration is submitted or no suit is filed within the prescribed period, the penalty of revoking the permit shall go into effect. If no application for reconsideration is submitted or no suit is filed within the prescribed period and yet the fine imposed is not turned in, the authorities that have made the decision on penalty shall apply to the people's court for compulsory execution.

Article 14 With respect to reception of television programmes transmitted via foreign satellites by units of the armed forces and the departments of public security and state security utilizing their existing ground satellite receiving facilities or installing special ground satellite receiving facilities as are necessitated by national defence and public security and state security, the Headquarters of the General Staff of the Chinese People's Liberation Army, the Ministry of Public Security and the Ministry of State Security shall respectively formulate measures for the administration thereof. If foreign embassies (or consulates) stationed in China and other institutions which enjoy diplomatic privileges and immunities intend to install ground satellite receiving facilities to receive television programmes transmitted via foreign satellites, they shall handle the matter through diplomatic channels.

Article 15 The Ministry of Radio, Film and Television shall be responsible for the interpretation of these Measures.

Article 16 These Measures shall go into effect as of the date of promulgation.