Administration of International Communications Gateway Exchanges Measures

Article 3: International communications gateway exchanges (International Communications Gateways) are divided into International Communications Channel Gateways, International Communications Service Gateways and Border Area International Communications Gateways.

The term "International Communications Channel Gateway" means the transfer point between a domestic communications transmission channel and an international communications transmission channel and includes the following:

(1) landing or entry stations in China of international communications optical cables, electrical cables, microwaves, etc.;

(2) landing or entry extension terminal stations in China of international communications optical cables, electrical cables, microwaves, etc.;

(3) gateway stations, earth stations, etc. in China for international satellite communications systems;

(4) other transfer points that link domestic communications transmission channels and international communications transmission channels.

The term "International Communications Service Gateway" means the service transfer point between a domestic communications service network and an international communications service network and includes the following:

(1) international exchanges for telephone service networks (including international telephone service network signal transfer points);

(2) international exchanges for frame relay, DDN and ATM service networks;

(3) internet international switching routers;

(4) other service transfer points that link domestic communications service networks and international communications service networks.

The term "Border Area International Communications Gateway" means international direct circuits connected to the communications networks of adjacent foreign regions by means of domestic switchboards.

Article 4: The Ministry of Information Industry is responsible for the examination and approval of the establishment of International Communications Gateways and for the supervision and administration of such gateways.

Article 5: Applications for the establishment of International Communications Gateways shall be made by wholly State-owned telecommunications service providers, which shall also be responsible for their operation and maintenance.

No work unit or individual may establish any form of International Communications Gateway without the approval of the Ministry of Information Industry.

Article 6: International communications services in the People's Republic of China must be provided through International Communications Gateways the establishment of which has been approved by the Ministry of Information Industry. No work unit or individual may engage in international communications by other means.

Communications with the Hong Kong and Macao Special Administrative Regions and Taiwan shall be handled with reference to the administration of international communications.

Article 7: The establishment of International Communications Gateways shall comply with relevant State laws and regulations and be subject to supervision, inspection and guidance by the Ministry of Information Industry and the communications administrations of the provinces, autonomous regions and municipalities directly under the central government.

PART TWO: ESTABLISHMENT, ADJUSTMENT AND CLOSING DOWN OF INTERNATIONAL COMMUNICATIONS GATEWAYS

Article 8: The number and locations of International Communications Gateways to be established shall be determined by the Ministry of Information Industry in accordance with the master plan for the development of China's international communications network, the applications from telecommunications service providers and the requirements of the development of international telecommunications services.

Article 9: International Communications Channel Gateways shall be established at locations where international marine optical cables or terrestrial optical cables can easily be landed or enter. Furthermore, consideration shall be given to such factors as network security and reliability and the convenience of extension to the domestic network.

Article 10: International Communications Service Gateways shall be established in core cities where international communications business is concentrated.

Article 11: Border Area International Communications Gateways shall be established in cities at or above the prefectural level that border on foreign territory and consideration shall be given to such factors as the future development of such cities, the volume of their communications traffic with the adjacent foreign regions, etc.

A Border Area International Communications Gateway may only be used for point to point communications between the area where it is located and the corresponding area across the border and may not be used to switch telecommunications services beyond such area.

Article 12: To establish an International Communications Gateway, an application accompanied by the materials set forth below shall be submitted to the Ministry of Information Industry:

(1) an application for the establishment of an International Communications Gateway;

(2) the international communications infrastructure operating permit or international telecommunications service operating permit;

(3) the technical plan for the establishment of the International Communications Gateway; and

(4) other materials that the Ministry of Information Industry requests be submitted.

Article 13: The Ministry of Information Industry shall complete its examination and issue an official reply as to its approval or rejection of the application within 60 days from the date of its receipt of all the materials specified in Article 12.

Article 14: To close down an established International Communications Gateway, a written application must be submitted to the Ministry of Information Industry 30 days in advance and the International Communications Gateway may only be shut down after approval by the Ministry of Information Industry. Furthermore, outstanding issues shall be duly handled. The written application shall include the current state of the International Communications Gateway that is to be closed down and the measures to be taken to handle the outstanding issues after the closure.

Construction projects for expanding the capacity of or making adjustments to established International Communications Gateways are subject to examination, approval and consent in accordance with relevant provisions; the telecommunications service provider shall submit the plan for expansion of capacity or adjustment to the Ministry of Information Industry for the record 90 days before the commencement of work; unless otherwise specified in State provisions.

Article 15: Construction projects for International Communications Gateways the establishment of which have been approved shall be reported to the relevant authorities for examination and approval in accordance with the Measures for the administration of project construction specified by the State.

Article 16: To provide VSAT services for international communications, the provider shall carry out examination and approval Measures for International Communications Gateways and after receiving approval to establish the same shall carry out the examination and approval Measures for the establishment of wireless stations in accordance with relevant provisions.

To establish a wireless station for international communications, the examination and approval Measures for the establishment of wireless stations shall be carried out in accordance with relevant provisions after approval to establish an International Communications Gateway has been received.

PART THREE: ADMINISTRATION AND OPERATION OF INTERNATIONAL COMMUNICATIONS GATEWAYS

Article 17: Telecommunications service providers that establish International Communications Channel Gateways must strengthen their administration of international communications transmission channels and may not use international communications transmission channels to engage in illegal activities. If a telecommunications service provider discovers that a third party is using international communications transmission channels to engage in illegal activities, it shall assist the relevant authorities in taking measures to halt the same in a timely manner in accordance with relevant State provisions.

Article 18: Telecommunications service providers that have received approval to establish International Communications Channel Gateways are under obligation to provide international communications transmission channels to telecommunications service providers that have received approval to establish International Communications Service Gateways and may not discriminate against them. They may not provide international communications transmission channels to telecommunications service providers that have not received approval to establish International Communications Service Gateways.

Article 19: Telecommunications service providers that have established International Communications Channel Gateways may lease private international communications transmission channel lines to subscribers and shall establish a central subscriber filing system. Such private international communications transmission channel lines may only be used for point to point communications within the specified service scope; and they shall be for the subscribers' internal use only and may not be used to provide telecommunications services.

The lease of private international communications transmission channel lines by providers of VSAT communications services shall be handled in accordance with the preceding paragraph.

Article 20: Telecommunications service providers that establish International Communications Gateways shall simultaneously construct commensurate ancillary information security facilities and may only commence operations after examination and acceptance thereof by the Ministry of Information Industry. When altering or expanding International Communications Gateways, the normal operation of the ancillary information security facilities must be ensured.

Article 21: Telecommunications service providers that establish International Communications Gateways shall establish sound security management systems and implement technical precautions so as to ensure the secure and reliable operation of their networks. If an International Communications Gateway experiences a serious malfunction or serious security problem, the relevant telecommunications service provider shall be notified in a timely manner, emergency measures shall be taken to restore normal operations and the matter shall be reported to the Ministry of Information Industry within 24 hours after the occurrence of the event.

Article 22: The establishment of virtual networks via internet international gateways with the aim of providing telecommunications services shall be reported to the Ministry of Information Industry for its approval. The establishment of virtual private networks for internal use via internet international gateways shall be reported to the Ministry of Information Industry for the record.

Article 23: Telecommunications service providers that establish International Communications Gateways shall be under obligation to cooperate in security inspections carried out by the relevant State authorities in accordance with the law and the corresponding measures such authorities take.

Article 24: Twice a year, by June 30 and by December 31, telecommunications service providers that have established International Communications Gateways shall report relevant details of their International Communications Gateways to the Ministry of Information Industry and the communications administration of the province, autonomous region or municipality directly under the central government where they are located in accordance with the requirements of the Ministry of Information Industry. The specific information to be included in, and the requirements concerning, such reports are set forth in the Addendum hereto. The Ministry of Information Industry may, in accordance with actual circumstances, make adjustments to the specific information to be included in, and the requirements concerning, the materials to be submitted set forth in the Addendum and publish the Addendum anew.

Article 25: Telecommunications service providers that have not obtained the right to operate international telecommunications infrastructure may not directly lease foreign international communications transmission channels, nor may they purchase, construct themselves or participate in the construction of international communications transmission channels.

Telecommunications service providers that have not obtained the right to provide international communications services may not lease international communications transmission channels to provide international communications services nor may they purchase, construct themselves or participate in the construction of international communications transmission channels.

PART FOUR: PENAL PROVISIONS

Article 26: If these Measures are violated by establishing International Communications Gateways to engage in international communications without the approval of the Ministry of Information Industry, the Ministry of Information Industry or the communications administration of the province, autonomous region or municipality directly under the central government will ex officio issue an order to demolish the illegal international communications facilities within three days, confiscate the illegal income and impose a fine of not less than three times and not more than five times the illegal income; if there was no illegal income or such income was less than
Rmb50,000, it will impose a fine of not less than
Rmb100,000 and not more than Rmb1,000,000; if the circumstances are serious, it will issue an order to suspend operations and to carry out rectification.

Article 27: If Article 11 hereof is violated by using Border Area International Communications Gateways to switch telecommunications services beyond the area, the Ministry of Information Industry or the communications administration of the province, autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter within two days, confiscate the illegal income and impose a fine of not less than three times and not more than five times the illegal income; if there was no illegal income or such income was less than
Rmb50,000, it will impose a fine of not less than
Rmb100,000 and not more than Rmb1,000,000; if the circumstances are serious, it will issue an order to suspend operations and to carry out rectification.

Article 28: The Ministry of Information Industry or the communications administration of the province, autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter and impose a fine of not more than
Rmb30,000 if these Measures are violated by:

(1) establishing an International Communications Gateway without the approval of the Ministry of Information Industry but not yet having engaged in international communications;

(2) establishing without the approval of the Ministry of Information Industry a virtual network via an internet international gateway with the aim of providing telecommunications services; or

(3) a telecommunications service provider's providing assistance to a third party to engage in international communications while bypassing International Communications Gateways.

Article 29: If an operator of international communications channels violates Article 18 hereof by taking discriminatory measures when providing international communications channels to a telecommunications service provider that has received approval to establish an International Communications Service Gateway or by providing international communications channels to a telecommunications service provider that has not received approval to establish an International Communications Service Gateway, the Ministry of Information Industry or the communications administration of the province, autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter and impose a fine of not less than
Rmb10,000 and not more than Rmb30,000.

Article 30: If Article 17, 19, 20, 21, 23 or 24 hereof is violated by failing to comply with provisions when constructing, administering or using international communications channels, by failing to perform obligations or by failing to submit materials to the Ministry of Information Industry in accordance with provisions, the Ministry of Information Industry or the communications administration of the province, autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter and impose a fine of Rmb10,000. The relevant persons in charge shall be subjected by their work units to disciplinary punishment commensurate with the seriousness of the circumstances. If the violation constitutes a criminal offence, criminal liability shall be pursued.

Article 31: If Article 25 hereof is violated, the Ministry of Information Industry or the communications administration of the province, autonomous region or municipality directly under the central government will ex officio issue an order to rectify the matter and impose a fine of Rmb10,000.

PART FIVE: SUPPLEMENTARY PROVISIONS

Article 32: The establishment of International Communications Gateways by non-commercial internet international interconnection work units shall be administered by reference to these Measures.

Article 33: These Measures shall be implemented as of October 1 2002.

Addendum:

1. Content of the materials that International Communications Channel Gateway operators are required to periodically submit:

(1) detailed addresses of the places where their International Channel Gateway is located;

(2) persons in charge and their contact telephones;

(3) details on the use of the channels including the accessible countries or regions, names of the enterprises at the opposite end, types of service carried and total corresponding communications capacity;

(4) names of the subscribers leasing private international communications transmission channel lines and nature of the use of such private lines (for own use or used to offer international communications services), accessible areas, names of the enterprises at the opposite end and communications capacities.

2. Content of the materials that International Communications Service Gateways operators are required to periodically submit:

(1) detailed addresses of the places where their International Communications Service Gateway are located;

(2) persons in charge and their contact telephones;

(3) accessible countries or regions, name of the channel provider, names of the enterprises at the opposite end, types of service and corresponding communications capacities.

3. Content of the materials that Border Area International Communications Gateway operators are required to periodically submit:

(1) detailed addresses of the places where their Border Area International Communications Gateways are located;

(2) persons in charge and their contact telephones;

(3) accessible areas, names of the enterprises at the opposite end, transmission methods, types of service and corresponding communications capacities.

4. Content of the materials that work units having established internet International Communications Gateways are required to periodically submit:

(1) detailed addresses of the places where their internet International Communications Gateway are located;

(2) persons in charge and their contact telephones;

(3) accessible countries or regions, names of the enterprises at the opposite end and corresponding communications capacities;

(4) traffic data flows (as calculated by each of the Beijing, Shanghai and Guangzhou gateways);

(5) topological drawings (to be submitted only in December each year);

(6) IP ranges, including the IP address segments used by connected subscribers (to be submitted only in December each year);

(7) distribution of IP addresses on the backbones, which shall include the geographical location of each IP address on the international gateway routers and the IP addresses of the backbones.

5. Requirements concerning the materials to be submitted by International Communications Gateway operators:

When submitting the foregoing materials to the Ministry of Information Industry, International Communications Gateway operators shall additionally submit the same to the communications administration of the provinces, autonomous regions or municipalities directly under the central government where their International Communications Gateways are located.