Administration of the Examination and Approval of the Landing of Foreign Satellite Television Channels Tentative Measures

境外卫星电视频道落地审批管理暂行办法

Foreign satellite TV channels may be broadcasted in designated venues receiving persons from abroad with state approval.

Clp Reference: 5600/01.12.26 Promulgated: 2001-12-26 Effective: 2002-02-01

(Promulgated by the State Administration of Radio, Film and Television on December 26 2001 and effective as of February 1 2002.)

(国家广播电影电视总局二零零一年十二月二十六日发布,自二零零二年二月一日起实施。)

Article 1: These Measures have been formulated in order to strengthen the administration of the landing of foreign satellite television channels.

第一条  为加强境外卫星电视频道落地管理,特制定本办法。

Article 2: These Measures shall apply to the administration of the landing in the People's Republic of China, by way of satellite transmission, of radio and television media established outside the mainland of the People's Republic of China.

第二条  本办法适用于在中华人民共和国大陆地区以外设立的广播电视媒体通过卫星传送方式在中华人民共和国境内落地的管理。

Article 3: The State Administration of Radio, Film and Television is in charge of implementing centralized administration of, and the examination and approval system for, the landing of foreign satellite television channels.

第三条  国家广电总局负责对境外卫星电视频道落地实行归口管理,对境外卫星电视频道落地实行审批制度。

Article 4: Subject to the approval of the State Administration of Radio, Film and Television, 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.

第四条  经国家广电总局批准,境外卫星电视频道可以在三星级以上涉外宾馆饭店,专供境外人士办公居住的涉外公寓等规定的范围及其他特定的范围落地。

Article 5: In order to apply to land a foreign satellite television channel, the following conditions shall be met:

第五条  申请落地的境外卫星电视频道,应具备下列条件:

(1) the channel's broadcast contents do not violate Chinese laws, regulations or related rules;

(一)      所播放的内容不违背中国法律、法规及相关规章制度的规定;

(2) the channel is ranked among the top three television media in its home country (region) in terms of overall strength and audience rating;

(二)      具有在本国(地区)电视媒体综合实力及收视率排名前三名的实力;

(3) the channel has the actual capabilities to engage in "reciprocal" cooperation with China and undertakes to land, and actively assists in landing, Chinese radio and television programmes abroad;

(三)      具备与我进行"互惠互利"合作的实力,承诺并积极协助中国广播电视节目在境外落地。

(4) the channel has friendly relations with China and actively encourages friendly exchanges and cooperation between Chinese and foreign radio and television broadcasters; and

(四)      对我友好,积极促进中外广播电视的友好交流和合作;

(5) the channel agrees to centrally transmit its programmes by way of the organization designated by the State Administration of Radio, Film and Television and undertakes not to land such programmes in China by any other means.

(五)      同意通过国家广电总局指定的机构统一向传送其频道节目,并承诺不通过其他途径在中国境内落地。

Article 6: To apply to land a foreign satellite television channel an application must first be filed with the organization designated by the State Administration of Radio, Film and Television, a Satellite Television Channel Memorandum must be completed in accordance with requirements, and documents evidencing the capabilities specified in Article 5 hereof, other materials requiring special explanation and reception devices such as decoders must be submitted.

第六条  境外卫星电视频道申请落地,须先向国家广电总局指定的机构提出,并按要求填写《卫星电视频道备忘录》,提交本办法第五条规定能够内容的证明材料、其他需要特别说明的材料以及解码器等收视装置。

Article 7: After receiving all the application materials specified in Article 6 hereof, the organization designated by the State Administration of Radio, Film and Television shall forward the same thereto for examination and approval.

第七条  国家广电总局指定的机构在收齐本办法第六条所规定的申报材料后,上报国家广电总局审批。

Article 8: If the submitted materials are incomplete, the missing materials shall be submitted within two weeks after receipt of the relevant notice. Failure to submit such materials within the time limit will be construed as voluntary abandonment of the application.

第八条  申报材料不齐全的,应在接到有关通知两周内补齐材料,逾期视为自动放弃申请。

Article 9: The State Administration of Radio, Film and Television will examine applications for the landing of foreign satellite television channels once per year, between July and September.

第九条  国家广电总局每年审批一次境外卫星电视频道的落地申请,每年7月至9月办理。

Article 10: If a foreign satellite television channel the landing in China of which is approved fails to conclude a contract with the organization designated by the State Administration of Radio, Film and Television within 90 days after approval thereby, it will be deemed to have voluntarily abandoned its landing qualifications.

第十条  经批准在中国境内落地的境外卫星电视频道,如在国家广电总局批准后90天内未与国家广电总局指定的机构签约,视为自动放弃落地资格。

Article 11: A foreign satellite television organization will in principle be granted approval to land only one of its channels within the scope specified. No approval will be granted to land in China foreign satellite news channels or satellite television channels established abroad by domestic radio or television organizations or relevant departments or groups. If there is a special need to land such channels, special approval will be required.

第十一条  一个境外卫星电视机构原则上只批准其一个频道在规定的范围内落地。不批准新闻类境外卫星电视频道在我境内落地,不批准境内广播电视机构及有关部门、团体在境外开办的卫星电视频道在境内落地。如有特殊需要,需特殊报批。

Article 12: An organization designated by the State Administration of Radio, Film and Television must be engaged as an exclusive agent for all matters related to the landing in China of a foreign satellite television channel that has been granted the approval to land in China.

第十二条  经批准落地的境外卫星电视频道,必须委托国家广电总局指定的机构独家代理其在中国境内落地的所有相关事宜。

Article 13: After a foreign satellite television channel has been granted approval to land, the various provisions of the Chinese government concerning the administration of foreign satellite television must be complied with, television programmes with content running contrary to the laws, regulations and policies of China may not be broadcast and no activities to promote such television channel and the relevant receiving equipment may be carried out in China without authorization.

第十三条  经批准落地的境外卫星电视频道,必须遵守中国政府关于境外卫星电视管理的各项规定,不得播出含有违法我国法规政策内容的电视节目,不得擅自在中国境内开展其电视频道及有关接收设备的推广活动。

Article 14: If content broadcast by a foreign satellite television channel that has been granted approval to land violates Chinese laws, regulations or rules, resulting in negative consequences, the channel shall eliminate the negative consequences within the same scope as that of the original broadcast, in addition to accepting the order to suspend broadcasting.

第十四条  经批准落地的境外卫星电视频道其所播出的内容,违反中国法律法规规章造成不良影响的,除接受停播处理外,应在同样的传播范围内消除不良影响。

Article 15: If content broadcast by a foreign satellite television channel granted approval to land violates Chinese laws or regulations three times in one year, the landing qualifications thereof will be revoked. An application for landing a foreign satellite television channel the landing qualifications of which have been revoked may not be filed for a period of three years after such revocation.

第十五条  经批准落地的境外卫星电视频道其所播出的内容,在一年捏三次违反中国法律法规规定的,将被取消落地资格。被取消落地资格的境外卫星电视频道,三年内不得提出落地申请。

Article 16: These Measures shall be implemented as of February 1 2002.

clp reference:5600/01.12.26promulgated:2001-12-26effective:2002-02-01

第十六条  本办法自2002年2月1日起实施。

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