New Procedures to Control Satellite Television in China

Baker & McKenzie

In line with WTO membership, China has begun to open up previously sensitive and restricted industries to foreign participation. One recent development relates to foreign satellite television. The Administration of the Examination and Approval of the Landing of Foreign Satellite Television Channels Tentative Procedures (the Procedures) were issued by the SARFT and came into effect on February 1 2002 (see also page 35).

Although the principal aim of the Procedures is to tighten control over foreign satellite television, they also centralize the administration, review and approval system of all satellite broadcasting into the PRC. While the Procedures clarify the administration and approval process under the SARFT, they also leave some issues open to interpretation and are not without controversy. There are a number of implications for foreign broadcasters in the form of content controls and transmission fees. Notably, foreign satellite broadcasters must appoint an exclusive agent (designated by the SARFT) to represent them in all matters relating to broadcasts to China.