Administrative Measures For Reception of Television Programmes Transmitted Via Foreign Satellites by

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Administrative Measures For Reception of Television Programmes Transmitted Via Foreign Satellites by

Administrative Measures For Reception of Television Programmes Transmitted Via Foreign Satellites by Ground Satellite Receiving Facilities
卫星地面接收设施接收外国卫生传送电视节目管理办法

(Effective Date:1990.05.28--Ineffective Date:)

Article 1. These Measures are formulated for the propose 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 reception of the administration 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 maintenance 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 applies 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 the 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 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 the 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 seal be placed for strict safekeeping 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 ease, 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 conjunction 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 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, they 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.

卫星地面接收设施接收外国卫生传送电视节目管理办法

（１９９０年４月９日国务院批准
１９９０年５月２８日广播电影电视部、公安部、国家安全部令第１号发布）

第一条　为了加强对卫星地面接收设施接收外国卫星传送的电视节目的管理，保障对外经济、科技和文化交流，促进社会主义物质文明和精神文明建设，制定本办法。

第二条　本办法所称卫星地面接收设施接收外国卫星传送的电视节目，是指单位利用已有的卫生地面接收设施或者设置专门的卫星地面接收设施接收与本单位业务工作有直接关系的外国卫星传送的电视节目。

第三条　广播电影电视部负责全国卫星地面接收设施接收外国卫星传送的电视节目的管理工作。
省、自治区、直辖市广播电视厅（局）负责本行政区内卫星地面接收设施接收外国卫星传送的电视节目的管理工作。

第四条　教育、科研、新闻、金融、经贸以及其他确因业务工作需要的单位，可以按照本办法的规定，申请利用已有的卫星地面接收设施或者设置专门的卫星地面接收设施接收外国卫星传送的电视节目。
常住外国人的涉外宾馆（饭店）、公寓确需提供国际金融、商情等经济信息服务的，可以按照本办法的规定，申请设置专门接收外国卫星传送的电视节目的卫星地面接收设施。
接收外国卫星传送的电视节目的卫星地面接收设施，由中国广播电视部门组织提供安装和维修服务。

第五条　申请利用已有的卫星地面接收设施或者申请设置专门的卫星地面接收设施接收外国卫星传送的电视节目，应当具备下列条件：
（一）本单位的业务工作确有接收外国卫星传送的电视节目的必要；
（二）有确定的接收方位、接收内容和收视对象范围；
（三）有符合国家标准的技术设备；
（四）有合格的专职管理人员；
（五）有健全的管理制度。

第六条　利用已有的或者设置专门的卫星地面接收设施接收外国卫星传送的电视节目的单位，应当向省级以上主管部门提出书面申请，经审查同意的，由申请单位报所在省、自治区、直辖市广播电视厅（局）审批。广播电视厅（局）批准的，发给《卫星地面接收设施接收外国卫星传送的电视节目许可证》（以下简称《许可证》），并由审批机关报广播电影电视部、公安部、国家安全部备案。

第七条　已有卫星地面接收设施的单位，未持有《许可证》的，不得接收外国卫星传送的电视节目；其他单位，未持有《许可证》的，不得设置卫星地面接收设施接收外国卫星传送的电视节目。

第八条　持有《许可证》的单位，必须严格按照《许可证》载明的接收外国卫星传送的电视节目的接收目的、接收内容、接收方位、接收方式和收视对象的范围等要求，接收和使用外国电视节目。
《许可证》不得涂改或者转让。因业务工作发生变化需要改变《许可证》规定的内容或者不再接收外国卫星传送的电视节目的，应当及时报请审批机关换发或者注销《许可证》，由审批机关按照本办法第六条的规定，报有关机关备案。

第九条　持有《许可证》的单位，接收外国卫星传送的电视节目，只允许在本单位业务工作中使用。除本单位领导批准外，一律不得录制。严禁将所接收的外国卫星传送的电视节目在国内电视台、有线电视台、录像放映点播放或者以其他方式进行传播。
经批准录制的音像资料目录，必须定期报所在地的广播电视、公安和国家安全部门备案。
录制的音像资料必须指定专人严格保管。

第十条　广播电视、公安和国家安全部门负责监督检查卫星地面接收设施接收外国卫星传送的电视节目的管理工作，对违反本办法接收、录制、传播外国卫星传送的电视节目的行为有权予以制止。

第十一条　违反本办法第八条、第九条规定的单位，由省、自治区、直辖市广播电视厅（局）会同公安、国家安全厅（局）视情节轻重，给予警告、二万元以下的罚款、直到吊销《许可证》的处罚。吊销《许可证》的，可以同时没收其使用的卫星地面接收设施。对单位的直接负责的主管人员和其他直接责任人员，省、自治区、直辖市广播电视、公安、国家安全厅（局）可以建议其主管部门给予行政处分；情节严重构成犯罪的，由司法机关依法追究刑事责任。

第十二条　违反本办法第七条的规定，未持有《许可证》而擅自设置卫星地面接收设施或者接收外国卫星传送的电视节目的单位，省、自治区、直辖市广播电视厅（局）会同公安、国家安全厅（局）可以没收其卫星地面接收设施，并处以五万元以下的罚款。对单位的直接负责的主管人员和其他直接责任人员，可以建议其主管部门给予行政处分；有私自录制、传播行为，情节严重构成犯罪的，由司法机关依法追究刑事责任。

第十三条　当事人对罚款或者吊销《许可证》的处罚不服的，可以在收到处罚决定书之日起十五日内，向同级人民政府申请复议，也可以向人民法院起诉；对行政复议不服的，可以在收到复议决定书之日起十五日内向人民法院起诉。逾期不申请复议或者不起诉的，吊销《许可证》的处罚生效；逾期不申请复议或者不起诉又不交纳罚款的，罚款的处罚由作出处罚决定的机关申请人民法院强制执行。

第十四条　军队以及公安、国家安全部门因国防、公安和国家安全工作需要利用已有的或者专门设置的卫星地面接收设施接收外国卫星传送的电视节目，由中国人民解放军总参谋部、公安部、国家安全部分别制定措施进行管理。
外国驻华使（领）馆，以及其他享有外交特权与豁免的机构设置卫星地面接收设施接收外国卫星传送的电视节目，通过外交途径办理。

第十五条　本办法由广播电影电视部解释。

第十六条　本办法自发布之日起施行。

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