Cable Tv Operators Service Management Interim Provisions

Original Language Title: 有线广播电视运营服务管理暂行规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362001.shtml

Cable TV operators service management interim provisions

    (Released December 2, 2011 the State administration of radio, film and television, the 67th since March 1, 2012) Chapter I General provisions

    First in order to regulate cable TV operators service, improve service quality, maintain users legitimate rights and interests, in accordance with the radio and television regulations, this provision is enacted.

    Cable TV operators service referred to in the provisions of article refers to a legally established cable TV operators service providers, cable radio and television transmission coverage networks provides services to user activity.

    Article cable TV operators service should follow user-centered, safe, fair, public priority principle.

    Cable TV operators service providers shall, in accordance with scientific prudence, the principles of safety, reliability, efficiency, and speed up the digitalization of cable TV conversion, continuous improvement of quality of service, so the popularity of cable television network is a national information service platform.

    Fourth cable TV operators service regulatory work should follow the open, fair and just principles, the implementation of government regulation and industry self-regulation, a combination of social supervision mechanism to promote cable TV operators service providers and constantly enhance the level of public services, improving coverage and quality of service to your users.

    Article fifth Department of State administration of radio, film and television sector is responsible for the supervision and administration of national cable TV operators service.

    Local people's Governments at or above the county level broadcast and television administrative departments responsible for supervision and management of CATV operations within their respective administrative areas.

    Sixth people's Governments above the county level administration of radio, film and television sectors in accordance with relevant regulations, for cable TV operators have made outstanding contributions to service organizations, individual rewards.

    Chapter services

    Article seventh cable TV operators service providers should publicize its business lines, service areas, service time, rates, and to the people's Governments of provinces, autonomous regions and municipalities directly under the administration of radio, film and television Department.

    Cable TV operators service providers to provide business users with the quality indicators and the quality of service indicators should conform to national and industry standards and requirements.

    Article eighth cable TV operators service providers shall publicize the basic list of TV channels that are transmitted. Number of basic TV channels should be consistent with the provisions of the State administration of radio, film and television sectors.

    Basic TV channels should be included in the State administration of radio, film and television sector require broadcast radio and television programmes and local people's Governments at or above the county level broadcast of radio, film and television administration requirements as approved by the State administration of radio, film and television, local radio and television.

    Nineth cable TV operators service providers in the process of switching from analogue TV to digital TV, in radio, film and television Administration Department under the State Council should be retained for a period of a certain number of analog TV programs for users to choose to watch.

    Encourages cable TV operators service providers use the cable radio and television transmission coverage networks to send broadcasts.

    Tenth article except for the following cases, the cable TV operators service providers shall not change the basic TV channels transmitted by:

    (A) the decision of the State administration of radio, film and television authorities;

    (B) the transfer conditions are not met or if it has stopped broadcasting the signal source;

    (C) the program provider agreement expires or program provider liable;

    (D) the laws, administrative regulations, and rules and regulations of the other case. Termination of transfer of basic TV channels, cable TV operators service providers shall be announced to the users involved, and to take measures to guarantee the basic number of TV channels.

    The preceding paragraph (b) provides, cable TV operators service providers shall on that day to the provinces, autonomous regions, or municipalities directly under the administration of radio, film and television reports.

    11th cable TV operators service provider ceases to carry on a business, shall notify the users involved early 30th, and fairly user aftermath. 12th cable TV operators service provider shall be in written or other form, specifically to users of their rights and obligations.

    Standard contract terms should be fair and reasonable, accurate, comprehensive, straightforward, and take appropriate means to remind the user that exclusion or limitation of liability for service providers terms.

    13th cable TV operators service providers should be based on network size and distribution of user settings and service outlets, reasonable arrangement of service time, easy to handle related matters.

    Cable TV operators service providers shall, in accordance with the requirements of the local people's Governments, to persons with disabilities and older persons with mobility, providing convenient services to users.

    Article 14th cable TV operators service providers of services should be provided to the user including installation, service, transfer, change, suspend, resume, terminate (log off), maintenance, payment, inquiries, complaints, and notices, and so on.

    15th cable TV operators service providers should be when the user's business, accurately to the user to indicate the business functionality, use, cancellation, charges and payment methods, service support, customer service, and more.

    16th cable TV operators service providers in receives the user install or after service of the application, user shall, within 2 working days in urban areas in response to a rural or inaccessible area users shall reply within 5 working days; does not accept the reasons shall be notified to the user. Article 17th cable TV operators service providers should set up a uniform customer service number, to provide users with services such as fault repair 7x24 hours, enquiries and complaints.

    Fault repair manual service 7x24 hours should be provided.

    Article 18th cable TV operators service providers after receiving the malfunction, needed home maintenance, shall within 24 hours upon receiving the report and user the home repair time.

    19th article town user of network and equipment fault, cable TV operation service provides who should since received reported of day of next day up or user agreed of door maintenance time up 24 hours within repair, major fault should in 48 hours within repair; rural or traffic inconvenience area user of fault, cable TV operation service provides who should since received reported of day of next day up or user agreed of door maintenance time up 72 hours within repair.

    20th due to causes of force majeure could not maintain or repair in time, cable TV operators service providers shall indicate to the user in a timely manner, after fixing the time disappeared from the force majeure is counted. Article 21st cable TV operators service providers on-site maintenance personnel delegate shall comply with appointments, show proof of work and wearing the unit identification, care for user facilities.

    Need to charge a fee, shall be indicated to the user in advance.

    22nd article cable TV operation service provides who change, and adjustment digital broadcast TV channel serial number, or for system equipment and the line plans maintenance, and equipment relocation, and engineering cut received, and network and the software upgrade, can foreseen of reasons effect user watch or using of, should ahead of 72 hours to by involved of user announcement; effect user of time over 24 hours of, should while to location County above place Government broadcast television administrative sector report.

    After the Elimination of the reasons provided in the preceding paragraph, shall promptly restore service for cable television service.

    23rd due to force majeure, major network failures or emergencies affecting users, cable TV operators service providers to the involved users should notice users being affected by other unforseen reasons, can not notice, but shall be notified when the user Advisory reasons.

    Article 24th cable TV operators service providers should implement state regulations on price management, price, need to adjust the rates, charges and other important matters, shall be announced to the user.

    Cable TV operators service providers shall provide users payment and inquiry costs, facilitated and provided free of charge within one year of payment records for the user query. 25th user fails to pay the cable TV basic maintenance fee in accordance with the contract, cable TV operators service providers may suspend or terminate the service, but it should be 24-hour advance notice to users.

    During the maintenance period shall not be suspended first program of CCTV signal transmission service.

    Complement the fee payable by the user, shall promptly restore service for cable television service, and shall not be more than 24 hours at the latest. Article 26th cable TV operators service providers user complaint handling mechanism should be established, including receiving, investigating, processing, feedback, assessment, reporting, and archiving process complete workflow.

    Complaints about the service to the user, shall reply within 15 working days.

    Cable TV operators service providers receive radio, film and television administration or the establishment of complaint-handling agencies turn to user complaints, should be completed within the period for complaints handling; couldn't finish, to the relevant radio and television administration and complaint-handling bodies forward and clarify the situation.

    27th cable TV operators service providers if entrust other unit is required to provide users with installation, maintenance, payment services, should choose to have the appropriate technology, services, and management capacity, the Administration for industry and commerce registration, no bad record, and shall enter into a trust agreement, entrusted to carry out regular inspection and assessment to strengthen day-to-day management.

    Entrusted with the unit because of the dispute with the user of our services, operated by cable TV service provider shall bear the liability. 28th article cable TV operators service providers user information security supervision system should be established, registered users ' personal information, and shall be confidential.

    Without permission from the user shall not disclose users ' personal information.
Article 29th cable TV operators service providers shall in accordance with the requirements of the State administration of radio, film and television sector, in China for training in service standards.

    30th article cable TV operators service providers must meet the supervision and inspection of radio, film and television administration according to law, provide relevant information and circumstances.

    31st cable TV operators service providers should establish and improve service quality management system, according to the provinces, autonomous regions and municipalities directly under the people's Governments above the requirements of the radio, film and television administration, quality service on this unit for self-examination, and to publicize the quality of service.

    Cable TV operators service providers shall annually be self-examination by provinces, autonomous regions, or municipalities directly under the administration of radio, film and television sectors to report to the State administration of radio, film and television sectors.

    Articles 32nd to cope with emergencies, cable TV operators service providers shall, in accordance with deployment and requirements of the local government, radio and television administrative departments dispatch, as well as on the principle of allocation of network resources.

    Article 33rd shall create conditions for cable television service, positive integration, operation and management of the urban community cable TV systems, provides to its users in accordance with the requirements of the service.

    Chapter III supervision and management

    34th of provinces, autonomous regions and municipalities directly under the people's Governments above the radio, film and television administration work plan should be developed, organized its cable TV operation service quality evaluation activities, timely service, push cable TV operators service providers continuously improve service quality.

    Article 35th of State administration of radio, film and television Department of the national cable television operation service quality evaluation of specific criteria, and to guide and supervise the provinces, autonomous regions, or municipalities directly under the administration of radio, film and television departments of the implementation.

    National cable television operation service quality evaluation of user satisfaction as quality of service standards should be evaluating core indicators.

    36th of provinces, autonomous regions and municipalities directly under the people's Governments above the radio, film and television that the Administration does not organize regular cable TV operators service providers within the administrative area of spot checks of the quality of service, and publicize the inspection results.

    37th people's Governments above the county level administration of radio, film and television sectors should be established according to cable TV operators service complaint handling bodies, actively deal with and resolve user complaints and consumer complaints as cable TV operators service quality evaluation index and content.

    38th radio, film and television administration, or complaint-handling bodies after receiving the complaint shall record and investigate and handle in a timely manner; user responses, should inform users of the results.

    39th article of radio, film and television administration staff in the supervision and inspection of cable TV operators service quality, and handling user complaints, may exercise the following powers:

    (I) asked the unit to be checked and the person concerned, and requested to provide relevant information;

    (B) enter into the inspected unit workplace, query, copy the relevant information and records. 40th article of radio, film and television administration staff supervision and inspection work should be carried out jointly by two or more staff members.

    Law enforcement officials shall show their certificates for law enforcement and information, copying confidential by law.

    41st people's Governments above the county level broadcast and television administrative departments may appoint a supervisor of social obligations, on cable TV operators service providers against interests of users and the staff of the departments concerned in the supervision and inspection of illegal failure to supervise.

    The fourth chapter legal liability

    42nd cable TV operators service provider in violation of the provisions of article seventh, eighth, tenth, 28th, 30th, 31st, and the Administrative Department of people's Governments above the county-level radio, film and television ordered corrective action and warning in serious cases, and to a fine of up to 10,000 yuan and 30,000 yuan.

    Article 43rd cable TV operators service provider in violation of the provisions of article 11th, 22nd, 23rd, and the Administrative Department of people's Governments above the county-level radio, film and television ordered corrective action and give a warning in serious cases, and to a fine of up to 5000 Yuan and 20,000 yuan.

    44th cable TV operators service provider in violation of the provisions of article 17th, 18th, 19th, 21st, 26th, 29th, by the people's Governments above the county-level radio, film and television administrative departments shall issue a warning in serious cases, and a fine of up to 5000 Yuan.

    Article 45th radio, film and television administration, complaint handling bodies not in accordance with the provisions of staff perform their duties or other acts of abuse of power, negligence, malpractice, shall be subject to punishment.

    The fifth chapter by-laws

    Article 46th cable TV operators service specifications and requirements, shall be separately formulated by the State administration of radio, film and television sector.

    47th served by cable TV operators service providers based on regional situation, developing not less than the requirements of a specific service standards. 48th article of the regulations come into force on March 1, 2012.