Measures for the Administration of Permission to Provide Telecommunications Services

Article 2: These Measures shall govern the application for, and the examination, approval and administration of, permits to provide telecommunications services (Permits).

Article 3: The Ministry of Industry and Information Technology of the People's Republic of China (MIIT) and communications administrations of provinces and autonomous regions, and municipalities directly under the central government (collectively, Telecoms Authorities) are the authorities responsible for the examination, approval and administration of Permits.

In the examination, approval and administration of Permits, Telecoms Authorities shall adhere to the principles of benefiting the people, efficiency, transparency, fairness and impartiality.

Article 4: To provide telecommunications services, a Permit issued by the Telecoms Authority shall be obtained in accordance with the law.

In its telecommunications business activities a telecommunications service provider shall comply with the provisions of its Permit and subject itself to and co-operate with the oversight by the Telecoms Authority.

The telecommunications business provided by a telecommunications service provider in accordance with the provisions of its Permit shall be subject to the protection of state laws.

PART TWO: APPLICATION FOR A PERMIT

Article 5: To apply for the provision of basic telecommunications services, the following conditions shall be satisfied:

(1) the provider is a lawfully-established company dedicated to the provision of basic telecommunications services, and the state-owned equity or shares in the company account for not less than 51% of its equity or shares;

(2) having a business development research report and technical solution for networking;

(3) having the funds and professional personnel appropriate to engage in the business activities;

(4) having the premises, facilities and appropriate resources to engage in the business activities;

(5) having the reputation or the capabilities to provide long-term services to subscribers;

(6) if the services are to be provided within a province, autonomous region or municipality directly under the central government, having minimum registered capital of Rmb100 million; if the services are to be provided nationwide or in two or more provinces, autonomous regions and/or municipalities directly under the central government, having minimum registered capital of Rmb1 billion;

(7) the company, its main investors and its principal operating and management personnel do not have a record of violation of telecommunications oversight rules or regulations during the last three years; and

(8) other conditions as specified by the state.

Article 6: To apply for the provision of value-added telecommunications services, the following conditions shall be satisfied:

(1) the provider is a lawfully-established company;

(2) having the funds and professional personnel appropriate to engage in the business activities;

(3) having the reputation or the capabilities to provide long-term services to subscribers;

(4) if the services are to be provided within a province, autonomous region or municipality directly under the central government, having minimum registered capital of Rmb1 million; if the services are to be provided nationwide or in two or more provinces, autonomous regions and/or municipalities directly under the central government, having a minimum registered capital of Rmb10 million;

(5) having the necessary premises, facilities and technical solutions;

(6) the company, its main investors and its principal operating and management personnel do not have a record of violation of telecommunications oversight rules and regulations during the last three years; and

(7) other conditions as specified by the state.

Article 7: When applying for a Permit to provide basic telecommunications services, the following materials shall be submitted to the MIIT:

(1) a written application to provide basic telecommunications services signed by the company's legal representative, which shall include the type of telecommunications services for which the application is made, the geographical coverage of the services, the name of the company, the company's correspondence address, postal code, contact person, contact telephone, e-mail address, etc.;

(2) the duplicate and a photocopy of the company's business licence of an enterprise with legal personality;

(3) an overview of the company, covering the company's basic particulars, an account of the organisational structure for and management of the telecommunications services that are to be provided, an account of the company's technical strengths and its operating and management personnel, details of the premises and facilities that are appropriate for the business activities to be engaged in, etc.;

(4) the company's most recent annual financial accounting reports of an enterprise with legal personality audited by an accounting firm or capital verification report and other related accounting information specified by the MIIT;

(5) the company's articles of association, equity structure and relevant information on the shareholders;

(6) a business development study report, covering the business development and implementation plans for the telecommunications services for which the application is made, the services, the geographical coverage of the services, the pricing plan, anticipated service quality, effectiveness analysis, etc.;

(7) the technical solution for networking, covering the network structure, network size, the network rollout plan, the network interconnection plan, technical standards, the deployment of the telecommunications equipment, telecommunications resource use plan, etc.;

(8) the measures for the long-term provision of the services to subscribers and the measures to ensure their quality;

(9) the measures to ensure the security of the network and information;

(10) relevant materials attesting to the reputation of the company; and

(11) a written undertaking signed by the company's legal representative that the company will provide the telecommunications services in accordance with the law.

If an applicant has not yet obtained a business licence of an enterprise with legal personality, it shall submit the notice of preliminary approval of an enterprise name and shall not be required to submit the materials set forth in Items (2) and (10) of the preceding paragraph. If a limited liability company is to be established, the written application specified in Item (1) and the written undertaking specified in Item (11) of the preceding paragraph shall be signed by all of the shareholders; if a company limited by shares is to be established, they shall be signed by all of the sponsors.

Article 8: When applying for a Permit to provide value-added telecommunications services, the following materials shall be submitted to the Telecoms Authority:

(1) a written application to provide valued-added telecommunications services signed by the company's legal representative, which shall include the type of telecommunications services for which the application is made, the geographical coverage of the services, the name of the company, the company's correspondence address, postal code, contact person, contact telephone, e-mail address, etc.;

(2) the duplicate and a photocopy of the company's business licence of an enterprise with legal personality;

(3) an overview of the company, covering the company's basic particulars, and details of the personnel, premises, facilities, etc. that will be involved in the provision of the valued-added services;

(4) the company's most recent annual financial accounting reports of an enterprise with legal personality audited by an accounting firm or capital verification report and other related accounting information specified by the Telecoms Authority;

(5) the company's articles of association, equity structure and relevant information on the shareholders;

(6) the business development plan, implementation plan and technical solutions for the telecommunications services for which the application is made;

(7) the measures for the long-term provision of the services to subscribers and the measures to ensure their quality;

(8) measures to ensure information security;

(9) relevant materials attesting to the reputation of the company; and

(10) a written undertaking signed by the company's legal representative that the company will provide the telecommunications services in accordance with the law.

If the telecommunications services applied for require, in accordance with laws, administrative regulations and relevant state provisions, the prior examination and approval of relevant competent departments, the approval documents of such departments shall be submitted.

If an applicant has not yet obtained a business licence of an enterprise with legal personality, it shall submit the notice of preliminary approval of an enterprise name and shall not be required to submit the materials set forth in Items (2) and (9) of the preceding paragraph. If a limited liability company is to be established, the written application specified in Item (1) and the written undertaking specified in Item (10) of the preceding paragraph shall be signed by all of the shareholders; if a company limited by shares is to be established, they shall be signed by all of the sponsors.

PART THREE: EXAMINATION AND APPROVAL OF PERMITS

Article 9: Permits are divided into Permits for the Provision of Basic Telecommunications Services and Permits for the Provision of Value-added Telecommunications Services. The latter are further divided into Permits for the Cross-regional Provision of Value-added Telecommunications Services and Permits for the Provision of Value-added Telecommunications Services within a province, autonomous region or municipality directly under the central government.

Permits for the Provision of Basic Telecommunications Services and Permits for the Cross-regional Provision of Value-added Telecommunications Services shall be subject to the examination and approval of the MIIT. Permits for the Provision of Value-added Telecommunications Services within a province, autonomous region or municipality directly under the central government shall be subject to the examination and approval of the communications administration of the province, autonomous region or municipality directly under the central government.

Permits to provide telecommunications services of foreign-invested telecommunications enterprises shall be subject to the examination and approval of the MIIT pursuant to the Provisions for the Administration of Foreign-invested Telecommunications Enterprises.

Article 10: The MIIT shall conduct an examination of the application materials for an application to provide basic telecommunications services. If the application materials are complete and in the statutory format, a written notice of acceptance shall be issued to the applicant. If the application materials are incomplete or not in the statutory format, the applicant shall be informed once on the spot or within five days of all of the missing/inaccurate information it is required to provide/correct.

After acceptance of an application, the MIIT shall arrange for experts to assess the application materials set forth in Items (6) and (7) of the first paragraph of Article 7 and produce an assessment opinion.

The MIIT shall complete the examination within 180 days from the date of acceptance of the application. If it grants approval, it shall issue a Permit for the Provision of Basic Telecommunications Services. If it withholds approval, it shall notify the applicant thereof in writing and give the reasons therefor.

Article 11: The Telecoms Authority shall conduct an examination of the application materials for an application to provide value-added telecommunications services. If the application materials are complete and in the statutory format, a written notice of acceptance shall be issued to the applicant. If the application materials are incomplete or not in the statutory format, the applicant shall be informed once on the spot or within five days of all of the missing/inaccurate information it is required to provide/correct.

The Telecoms Authority shall complete the examination and render its decision on whether or not to grant approval within 60 days from the date of acceptance of the application. If it grants approval, it shall issue a Permit for the Cross-regional Provision of Value-added Telecommunications Services or a Permit for the Provision of Value-added Telecommunications Services within a province, autonomous region or municipality directly under the central government. If it withholds approval, it shall notify the applicant thereof in writing and give the reasons therefor.

Article 12: A Permit shall comprise the approval documents and the permit issued by the Permit issuing authority.

The approval documents from the Permit issuing authority include documents such as the provisions on the use of the Permit, the rights and obligations of the provider, matters particularly provided for, and record of annual inspections and violations of the law. The original issuing authority may, in line with administration requirements, add relevant information in accordance with MIIT provisions.

The actual permit shall record the company's name, legal representative, type of services, geographical coverage of the services, the term of validity, the Permit issuing authority and issue date, the issuer, the Permit number, etc.

The specific contents of a Permit shall be formulated separately by the MIIT in accordance with the law. The MIIT may revise the contents of Permits to provide telecommunications services in accordance with the law in line with actual circumstances and announce them anew.

Article 13: A Permit for the Provision of Basic Telecommunications Services shall be valid for five years or 10 years, depending on the type of telecommunications services.

A Permit for the Cross-regional Provision of Value-added Telecommunications Services or a Permit for the Provision of Value-added Telecommunications Services within a province, autonomous region or municipality directly under the central government shall be valid for five years.

Article 14: Permits for the Provision of Basic Telecommunications Services, Permits for the Cross-regional Provision of Value-added Telecommunications Services and permits to provide telecommunications services of foreign-invested telecommunications enterprises shall be issued by the Minister of the MIIT.

Permits for the Provision of Value-added Telecommunications Services within a province, autonomous region or municipality directly under the central government shall be issued by the director of the communications administration of the province, autonomous region or municipality directly under the central government.

Article 15: A Permit shall be collected by the legal representative of the company or by his appointed agent on the strength of a power of attorney.

PART FOUR: USE OF PERMITS

Article 16: A company that has received approval to provide telecommunications services shall provide telecommunications services as specified on its Permit within the specified geographical coverage area and within the term in accordance with the type of telecommunications services specified on the Permit.

Article 17: A company that has received approval to provide telecommunications services shall carry out the procedures for the amendment of company registration with the administration for industry and commerce on the strength of its Permit.

If approval has been received to provide wireless communications services, application procedures for the use of radio frequencies shall be carried out with the radio administration authority on the strength of the Permit.

Article 18: A company that has received approval to provide telecommunications services in more than one region shall, in accordance with the requirements of its Permit, establish branches, subsidiaries or other such appropriate establishments in the relevant provinces, autonomous regions and/or municipalities directly under the central government to provide the telecommunications services.

The percentage of state-owned equity or shares in the subsidiary of a basic telecommunications service provider shall comply with relevant state telecommunications laws and administrative regulations.

Article 19: A company that has received approval to provide telecommunications services may, with the approval of the Permit issuing authority, authorise a subsidiary in which it holds at least 51% of the shares and that satisfies the conditions to provide telecommunications services to provide the telecommunications services in which the company has received approval to engage. The subsidiary's name, legal representative, type of services, geographical coverage of the services, etc. shall be recorded by the Permit issuing authority on a supplementary page to the actual permit of the company that has received approval to provide telecommunications services. Two or more subsidiaries may not be authorised to provide the same telecommunications service in the same region.

Article 20: A company that has received approval to provide basic telecommunications services or the provision of value-added telecommunications services in more than one region shall carry out record-filing procedures with the communications administrations of the relevant provinces, autonomous regions and/or municipalities directly under the central government on the strength of its Permit and submit the following materials for the record:

(1) details of the relevant establishment or establishments that is/are responsible for business operations, customer services and other such matters in the region, which shall cover the name(s) of the company's establishment or establishments that is/are responsible for business operations, subscriber services and other such matters in the place of record filing, its/their correspondence address(es), postal code(s), contact person(s), contact telephone number(s), e-mail address(es), etc.;

(2) a photocopy of the Permit;

(3) (a) photocopy(ies) of the business licence(s), the articles of association and other such relevant materials of the company's establishment or establishments that is/are responsible for business operations, subscriber services and other such matters in the region; and

(4) the plan for the business in the region.

If the materials submitted for record filing as specified in the preceding paragraph are complete, the communications administration of the province, autonomous region or municipality directly under the central government shall issue a written confirmation of record filing and report the same to the MIIT within 15 days after receipt of the materials. If the materials are incomplete, it shall inform the company in writing once within five days of all of the missing/inaccurate information it is required to provide/correct.

Engagement in the provision of telecommunications services in the region is prohibited if the record-filing procedures have not been carried out. The establishment that is responsible for business operations, subscriber services and other such matters in the region in question may be the company that has obtained approval to provide telecommunications services itself or the relevant establishment set up in a province, autonomous region or municipality directly under the central government other than in the place of record filing, provided that it satisfies the requirements of the Permit.

In the event of a change in any of the materials set forth in the first paragraph, the relevant establishment responsible for business operations, subscriber services or other such matters shall report the same to the communications administration of the province, autonomous region or municipality directly under the central government and the Permit issuing authority within 20 days.

Article 21: Unless otherwise expressly specified in the Permit, once a telecommunications service provider has obtained its Permit, it shall provide the telecommunications services in accordance with the type of services and within the geographical coverage of the services specified on the Permit within one year. If it will not be able to provide the telecommunications services within one year, the same shall be stated, and the reason given, when applying for the Permit, be reported to the Telecoms Authority for approval and be expressly specified on the Permit.

Article 22: No work unit or individual may fabricate, alter, fraudulently use or transfer in any manner its Permit.

PART FIVE: CODE OF OPERATIONS

Article 23: A basic telecommunications service provider shall, in line with the principles of transparency and equality, provide the telecommunications services and telecommunications resources required by companies with a Permit to provide relevant telecommunications services, and may not provide the telecommunications resources required to provide telecommunications services, or service-access or network-access services to work units or individuals that do not have a Permit or have not carried out record-filing procedures.

Article 24: A telecommunications service provider may not engage in any form of unfair competition.

Article 25: A basic telecommunications service provider that provides network access, charge collection and business co-operation to value-added telecommunications service providers shall codify and manage the content, charges and pricing of the relevant value-added telecommunications services, co-operative acts, etc. and establish the relevant discovery, monitoring and handling systems and measures.

Article 26: When a basic telecommunications service provider wishes to revise the terms of co-operation, the agreement, etc. with a value-added telecommunications service provider, it shall inform the relevant value-added telecommunications service provider thereof in advance and fully listen to its opinions.

Details of the seeking of such opinions and records shall be retained and be provided when the Telecoms Authority conducts a monitoring inspection.

Article 27: A valued-added telecommunications service provider that provides website access services shall comply with the following provisions:

(1) to engage in its business activities, it shall lease the network access and other such telecommunications resources provided by a basic telecommunications service provider with the appropriate Permit, and may not transfer its lease of the network access or other such telecommunications resources to another value-added telecommunications service provider that engages in the provision of website access services;

(2) it may not provide access, charge collection or other such services to a website that has not obtained permission or not carried out record-filing procedures;

(3) it shall, in accordance with the provisions of the Telecoms Authority, establish the appropriate business management systems for permission management and record-filing management of website operations, realise the dynamic safeguarding and updating of the information of the subscribers of the websites for which it is doing the record filing, and regularly submit to the Telecoms Authority relevant information required for the administration of websites;

(4) it shall monitor the transmission of illegal information on websites to which it gives access, and if it discovers the transmission of information that clearly falls under Article 57 of the PRC Telecommunications Regulations, it shall promptly suspend the provision of access and charge collection services, preserve relevant records and report the same to the relevant state authorities; and

(5) it shall, as required by the Telecoms Authority, terminate or suspend the provision of access services to a website that is in violation of the law.

Article 28: A Telecoms Authority shall establish a system for the recording and public announcement of violations of the law by telecommunications service providers and closely monitor those telecommunications service providers that have a record of violation of the law.

When a basic telecommunications service provider is to provide network access, charge collection and business co-operation to a value-added telecommunications service provider, it shall take into consideration the record of violations of the law announced by the Telecoms Authority.

Article 29: A Telecoms Authority shall establish a system for the monitoring of the telecommunications service market. Relevant telecommunications service providers shall submit pertinent monitoring information to the Telecoms Authority in accordance with provisions.

PART SIX: AMENDMENT AND CANCELLATION OF PERMITS

Article 30: If a telecommunications service provider wishes to continue operations after the expiration of its Permit, it shall submit an application to the original issuing authority for renewal of its Permit 90 days in advance. If it is to cease operations, it shall submit a report to the original issuing authority 90 days in advance and duly handle outstanding issues.

Article 31: If a company with a Permit to provide telecommunications services or a subsidiary authorised by it to provide telecommunications services is to be merged or divided, is to experience a change in its shareholders (in the case of a limited liability company), its right to engage in business is to be transferred or another change in the main operating body is to occur, or if its scope of business needs to be changed, an application shall be submitted to the original issuing authority within 30 days from the date on which the company made the decision, and it may only proceed with the change after receiving approval.

If a change in the shareholders (in the case of a limited liability company) or a transfer in the right to engage in business is involved, the following conditions shall be satisfied:

(1) the post-change company shall satisfy the conditions set forth in Article 5 or 6 hereof; and

(2) at the time of submission of the application, the company has been providing the services and has not committed any violation of telecommunications oversight rules and regulations.

Article 32: If the company name or legal representative is to be changed during the term of the Permit, application procedures for amendment of the permit to provide telecommunications services shall be carried out with the original issuing authority within 30 days after completion of the procedures to amend the business registration of the company.

Article 33: If a telecommunications service provider wishes to terminate its operations during the term of its Permit, it shall satisfy the following conditions:

(1) if it is to terminate the provision of basic telecommunications services, it shall comply with the master deployment of telecommunications industry administration determined by the Telecoms Authority; and

(2) it has a feasible plan for duly handling subscribers and it has duly handled outstanding subscriber issues.

Article 34: If a telecommunications service provider wishes to terminate its operations during the term of its Permit, it shall submit the following application materials to the original issuing authority:

(1) a written application to terminate the provision of telecommunications services signed by the company's legal representative and bearing the company's official seal, which shall include the company's name, contact information, Permit number, the type of telecommunications services that it is applying to cease providing, the geographical coverage of the service(s), etc.;

(2) the decision of the company's shareholders' meeting approving the termination of the provision of the telecommunications services;

(3) the written undertaking signed by the company's legal representative to duly handle outstanding subscriber issues;

(4) an account of the manner in which the outstanding subscriber issues are to be handled by the company, covering the plan for the handling of the subscribers, an account of the public announcements, a summary of subscriber opinions, the implementation plan, etc.; and

(5) the original of the company's permit to provide telecommunications services and a photocopy of its business licence of an enterprise with legal personality.

Once the Permit issuing authority receives the application for the termination of the provision of the telecommunications services, it shall make a public announcement. The announcement period shall be 30 days. The original issuing authority shall complete the examination and render its decision on whether or not to grant its approval within 60 days of the conclusion of the announcement period. If the applicant satisfies the conditions for withdrawing from the telecommunications service market, the original issuing authority shall grant its approval, recover and cancel the Permit to provide telecommunications services, or cancel the relevant type of telecommunications services or geographical coverage of the telecommunications services. If the applicant does not satisfy the conditions to withdraw from the telecommunications service market, the Permit issuing authority shall withhold its approval, notify the applicant in writing and give the reason therefor.

If an application is made to terminate the provision of basic telecommunications services or terminate the provision of value-added telecommunications services in more than one region, the MIIT shall copy its decision to grant or withhold approval to the communications administration(s) of the relevant province(s), autonomous region(s) and/or municipality(ies) directly under the central government and the communications administration(s) of the relevant province(s), autonomous region(s) and/or municipality(ies) directly under the central government shall cancel in accordance with the law the relevant record filing for the permission to provide telecommunications services.

Article 35: If a telecommunications service provider is penalised in accordance with the law by a relevant authority and is unable to continue providing telecommunications services, the Permit issuing authority shall recover and cancel its Permit.

Article 36: Once the Permit issuing authority revokes or cancels the Permit of a telecommunications service provider, it shall notify the appropriate administration(s) for industry and commerce thereof and publicly announce the same.

If an issuing authority revokes, withdraws or cancels the Permit of a telecommunications service provider and outstanding subscriber issues are involved, it may, through an invitation for bids, designate a work unit to take over the service.

A company that has had its Permit revoked or cancelled shall carry out the relevant procedures with the appropriate administration(s) for industry and commerce in a timely manner.

PART SEVEN: PERMIT MONITORING INSPECTIONS

Article 37: Issuing authorities shall implement an annual inspection system for Permits. A telecommunications service provider shall submit the following annual inspection materials to the original issuing authority by the first quarter of the year subsequent to the reporting year:

(1) an account of its provision of telecommunications services for the year, an account of its network rollout, business development and changes in its personnel and organisation; an account of its service quality; and an account of its compliance with relevant state and Telecoms Authority provisions;

(2) a photocopy of the company's business licence of an enterprise with legal personality; and

(3) other materials that the Permit issuing authority requires to be submitted.

Article 38: The communications administration of a province, autonomous region or municipality directly under the central government shall conduct monitoring inspections of relevant aspects of the telecommunications services provided in the region by a cross-regional telecommunications service provider and report the relevant results of such inspection to the MIIT.

Article 39: When the Permit issuing authority conducts a Permit annual inspection, it shall conduct a comprehensive review of the materials submitted by the telecommunications service provider and conduct an inspection of the main operating body, business acts, the rollout of telecommunications facilities, telecommunications charges, service quality, compliance with relevant state and Telecoms Authority provisions, etc.

A telecommunications service provider shall be deemed to have passed the annual inspection if it participated in the annual inspection on schedule and the items inspected were found to comply with provisions. If a telecommunications service provider fails to participate in the annual inspection in accordance with provisions or an item that was inspected was found not to comply with provisions, the Telecoms Authority shall order rectification and impose the attendant administrative penalties in accordance with the law. If the telecommunications service provider punctually effects rectification, it will be deemed to have passed the annual inspection after rectification. If it refuses to rectify, it shall be deemed to have failed the annual inspection.

The results of annual inspections and details of penalties shall be recorded on the Record of Annual Inspections and Violations of the Law attached to the Permit, publicly announced and circulated to administrations for industry and commerce.

Article 40: When conducting the annual inspection or other such monitoring inspection of Permits, the Telecoms Authority may not impede the normal production and other business activities of the telecommunications service providers nor charge any fee therefor.

When conducting the annual inspection or other such monitoring inspection of Permits, the Telecoms Authority shall keep a record of the conduct of the monitoring inspection and the results of the handling of matters, which shall be signed by the inspectors and filed. The public shall have the right to review such monitoring inspection records.

A telecommunications service provider shall provide secure, convenient and stable services to subscribers in accordance with state formulated service standards, pricing policies and Telecoms Authority provisions and perform common service obligations. A telecommunications service provider may not suspend operations or close down its operations without the approval of the Permit issuing authority. If a telecommunications service provider fails to perform the aforementioned obligations, the Telecoms Authority shall order it to rectify the matter within a specified period of time or take effective measures in accordance with the law to procure its performance of such obligations.

PART EIGHT: PENAL PROVISIONS

Article 41: If relevant information is withheld or fraudulent materials are provided when applying for permission to provide telecommunications services, the Telecoms Authority shall not accept the application or withhold the administrative permission; it shall give a warning and the applicant may not re-apply for the same administrative permission for one year.

If improper means such as fraud or bribery are used to obtain permission to provide telecommunications services, the Telecoms Authority shall revoke such administrative permission, give a warning and, depending on the seriousness of the circumstances, impose a fine of not less than Rmb5,000 and not more than Rmb30,000. The applicant may not re-apply for the same administrative permission for three years. If a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 42: If Article 16 or 31 hereof is violated, penalties shall be imposed in accordance with Article 70 of the PRC Telecommunications Regulations.

Article 43: If Article 22 hereof is violated, penalties shall be imposed in accordance with Article 69 of the PRC Telecommunications Regulations.

Article 44: If Article 24 hereof is violated, penalties shall be imposed in accordance with Article 72 of the PRC Telecommunications Regulations.

Article 45: If the second paragraph of Article 4, Article 18, Article 19, the third or fourth paragraph of Article 20, Article 21, Article 23, Article 25, Article26, Article 27, Article30, Article 32, Article 34 or Article 37 hereof is violated, the Telecoms Authority shall order rectification, give a warning and impose a fine of not less than Rmb5,000 and not more than Rmb30,000.

Article 46: If a party is dissatisfied with the administrative permission or administrative penalty decision rendered by the Telecoms Authority, it may apply for administrative review or institute an administrative action in accordance with the law.

If a party fails to apply for administrative review or institute an administrative action by the deadline and fails to perform the administrative penalty decision, the Telecoms Authority that rendered the administrative penalty decision shall apply to a people's court for enforcement.

Article 47: If a member of the working personnel of a Telecoms Authority is derelict in his/her duties, abuses his/her authority or practises favouritism by committing fraud in the course of Permit administration work and the same constitutes a criminal offence, the case shall be transferred to the judicial authority for criminal prosecution in accordance with the law. If a criminal offence is not constituted, his/her work unit or the higher-level department in charge shall impose administrative sanctions.

PART NINE: SUPPLEMENTARY PROVISIONS

Article 48: Permits shall be printed centrally by the MIIT.

Article 49: These Measures shall be effective as of April 10 2009. The Measures for the Administration of Permits to Provide Telecommunications Services (Order of the Ministry of Information Industry of the People's Republic of China No.19) promulgated on December 26 2001 shall be repealed simultaneously.