Telecommunications Business License Management Approach

Original Language Title: 电信业务经营许可管理办法

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Telecommunications business license management approach

    (March 5, 2009 Ministry of industry and information technology announced 5th as of April 10, 2009) Chapter I General provisions

    First to strengthen the telecommunications business license management, in accordance with the People's Republic of China Telecom and other provisions of laws and administrative regulations, these measures are formulated.

    Article People's Republic of China business license application, approval and management of telecommunications in the territory (hereinafter referred to as business license), for these measures.

    Article People's Republic of China Ministry of industry and information technology (hereinafter referred to as Ministry of industry and information technology) and the provinces, autonomous regions and municipalities directly under the Communications Authority (hereinafter referred to as the telecommunications regulators) is operating permit approval authority.

    Telecommunications regulatory agencies in the management of business licensing shall follow the convenient, efficient, open, fair and impartial principle.

    Article fourth telecommunication services, shall obtain a license issued by the Telecommunications Authority.

    Telecommunication business operators in the telecommunications business activities, shall comply with the provisions of the license, acceptance, combined with supervision and administration of telecommunications regulators.

    Telecommunication business operators in accordance with the provisions of the license business telecommunication services subject to state law.

    Chapter II application for business license

    Fifth applied for basic telecommunications services, shall comply with the following conditions:

    (A) the operator is legally established company specializing in basic telecommunications services, and State-owned shares or shares in a company not less than 51%.

    (B) business development programme of studies and networking technology.

    (C) there are compatible with the operating funds and professionals.

    (D) engaged in business in the premises, facilities and resources.

    (E) service to provide users with long-term credibility or ability.

    (Vi) in the provinces, autonomous regions and municipalities within the scope of business, minimum registered capital of 100 million yuan renminbi; across the country or across provinces, autonomous regions and municipalities directly under the scope of, minimum amount of the registered capital of RMB 1 billion.

    (G) the company and its major investors and key management personnel notarized within three years telecommunication supervision and management system of record.

    (VIII) other conditions stipulated by the State.

    Article sixth operating value-added telecom service, shall comply with the following conditions:

    (A) the operators for the legally established companies.

    (B) compatible with the operating funds and professionals.

    (C) service to provide users with long-term credibility or ability.

    (D) in the provinces, autonomous regions and municipalities within the scope of business, minimum amount of the registered capital of RMB 1 million; across the country or across provinces, autonomous regions and municipalities directly under the scope of, minimum registered capital is 10 million RMB.

    (E) has the necessary space, facilities and technology.

    (F) the company and its major investors and key management personnel within three years of non-violation of the telecommunications regulatory regime illegal records.

    (VII) other conditions stipulated by the State.

    Article seventh application for basic telecommunications business license shall submit the following application materials to the Ministry of industry and information technology: (A) signed by the legal representative of the company to operate basic telecommunications business in writing.

    Includes: applying the types of telecommunications services, business coverage, the company name, company, mailing address, postal code, contact person, contact phone, e-mail address, and so on.

    (B) the copy of the company's business license and copy of. (C) the company profile.

    Includes the basic situation of the company, intends to engage in the telecommunications business organization and management, technical and management personnel, engaged in business activities and suitable venues, facilities, and so on.

    (D) the company recently audited by the accounting firm of enterprise annual financial report or verification report and other relevant accounting information provided by the Ministry of industry and information.

    (E) the company's articles of Association, ownership structure and shareholder information. (F) the business development study.

    Includes: apply operating telecom services business development and implementation plan, service projects, expected the fare package, business coverage, service quality, benefit, and so on. (G) networking technology solutions.

    Includes: network, network, network planning, network interconnection schemes, technical standards, such as configuration, use of telecommunications resources and telecommunication equipment.

    (VIII) to provide users with long-term services and quality assurance measures.

    (IX) network and information security safeguards.

    (10) to demonstrate the credibility of the related materials.

    (11) company law signed by the legal representative of the company business of a telecommunications undertaking. Has not received business license applicants, should be submitted to the company's business name prior approval written notice without submitting the preceding paragraph (b) and (j) the provision of materials.

    For the preceding paragraph (a) provides the written application and (11) provides an undertaking, intended to set up a limited liability company shall be signed by all the shareholders; setting up a corporation, shall be signed by all the promoters.

    Article eighth of value-added telecommunications business license applications made, shall apply to the telecommunications authority to submit the following materials: (A) operating value-added telecommunications services signed by the legal representative of the company in writing.

    Includes: applying the types of telecommunications services, business coverage, the company name, company, mailing address, postal code, contact person, contact phone, e-mail address, and so on.

    (B) the copy of the company's business license and copy of. (C) the company profile.

    Includes: basic situation of the company, to engage in value-added telecommunications services of personnel, premises and facilities, and so on.

    (D) the company recently audited by the accounting firm of enterprise annual financial report or verification report and other related telecommunications authority accounting data.

    (E) the company's articles of Association, ownership structure and shareholder information.

    (F) to apply for operating telecom services business development, implementation plan and technical solutions.

    (VII) to provide users with long-term services and quality assurance measures.

    (VIII) information security safeguards.

    (I) demonstrate the credibility of the related materials.

    (J) the company signed by the legal representative of the company in accordance with an undertaking engaged in telecommunications business.

    Application for business telecommunications services in accordance with the laws, administrative regulations and the relevant regulations of the State shall be subject to prior approval of the competent authorities, shall submit the relevant competent departments for examination and approval of documents. Has not received business license applicants, should be submitted to the company's business name prior approval written notice without submitting the preceding paragraph (b), (I) the provision of materials.

    For the preceding paragraph (a) the provision of a written application and (10) of commitment, setting up a limited liability company shall be signed by all the shareholders; setting up a corporation, shall be signed by all the promoters.

    Chapter III business license approval Nineth operating licenses are divided into basic telecommunications business license and the two types of value-added telecommunications business license.

    Among them, the value-added telecommunications business license into the trans-regional value-added telecommunications business license and the provinces, autonomous regions and municipalities within the value-added telecommunications business license. Basic telecommunications business license and the trans-regional value-added telecommunications business license by the industry and information technology Ministry approval.

    The provinces, autonomous regions and municipalities within the value-added telecommunications business license by the provinces, autonomous regions and municipalities directly under the communication approved by the administration.

    Telecommunications the telecommunications business license of the enterprise with foreign investment, industry and information technology Ministry in accordance with the provisions on the examination and approval of foreign-invested telecommunications enterprise management. Article tenth of industry and information technology Ministry to review the applications to operate basic telecommunications business materials. Application materials are complete and comply with the statutory format, it shall issue a notice of acceptance of the application to the applicant.

    Application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to supplement the content.

    After the Ministry of industry and information technology applications, should organize experts to seventh subparagraphs (f) and (g) review the application materials, formation of review comments. Industry and information technology Ministry shall be completed within 180 days from the date of the acceptance of the application review process. Approving, issuing basic telecommunications business license.

    Is not granted, and shall notify the applicant in writing and state the reasons. 11th telecommunications regulators will be expected to apply for operating value-added telecom service applications for review. Application materials are complete and comply with the statutory format, it shall issue a notice of acceptance of the application to the applicant.

    Application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to supplement the content. Telecommunications regulatory bodies should be completed within 60 days from the date of receipt of the application review process, making the decision to approve or not to approve. Approval shall issue a trans-regional value-added telecommunications business license or provinces, autonomous regions and municipalities within the value-added telecommunications business license.

    Is not granted, and shall notify the applicant in writing and state the reasons.

    12th operating permit approved by the authority that issued the certificate file and license form. Certification authority files include license terms of use, the Manager of rights and duties, special provisions, inspection and criminal records and other documents.

    Original issuing authority based on administrative needs, the industry and information technology Ministry provides for an increase in the corresponding content.

    License shall include the company name, legal representative, business type, business coverage of expiry, issuing body and issuing date, issuer, license number, and more. Content of the license by the Ministry of industry and information technology law separately.

    Ministry of industry and information technology, according to the actual situation, according to the telecommunications business license content and republished.
13th article of the basic telecommunications business license is valid, according to the telecommunications business is divided into 5 years, 10 years.

    The trans-regional value-added telecommunications business license and provinces, autonomous regions and municipalities within the value-added telecommunications business license is valid for 5 years.

    Article 14th basic telecommunications business license and the trans-regional value-added telecom service license, as well as foreign-invested telecommunications enterprise telecom business license by the industry and information technology issued by the Minister.

    The provinces, autonomous regions and municipalities within the value-added telecommunications business license by the provinces, autonomous regions and municipalities directly under the communication issued by the authority.

    15th license received by the legal representative of the company, or by its authorized agent with power of attorney received.

    Business licenses of the fourth chapter

    16th were allowed to operate telecom services company shall set forth the types of telecommunications services pursuant to license, during the term of coverage and provided, in accordance with the provisions of the license business telecommunications services.

    17th approved to operate telecom services company business license to the administrative organ for industry and commerce company registration procedures.

    Approved to operate radiocommunication services, license holders to the radio authority to apply radio frequency procedures.

    18th allowed to trans-regional operation of telecom service company, shall, in accordance with license requirements in the relevant provinces, autonomous regions and municipalities to set up branches or subsidiary bodies, such as the telecommunications business.

    Subsidiaries of basic telecommunication business operators, the proportion of State-owned shares or stakes should comply with the relevant national telecommunications laws, administrative laws and regulations. Article 19th were allowed to operate telecommunications services approved by the certification authority, you can authorize it to shareholders not less than 51% and meets the conditions for operating telecommunications services subsidiaries operate its telecommunications operations were allowed to operate. The subsidiary's name, legal representative, business type, business coverage of content, licensed to operate by the certification authority certificate for telecommunication services the company's operating license set out in the attached pages.

    In one area cannot authorize two or more subsidiaries to operate the same telecommunications business.

    20th were allowed to operate basic telecommunications service or trans-regional operation of value-added telecommunications services company shall use license to the relevant provinces, autonomous regions and municipalities directly under the communications authority filing procedures, and submit the following registration materials: (A) responsible for the local business, customer service and their corresponding institutions.

    Includes: company is responsible for the record business, customer service and their corresponding organization's name, address, postal code, contact person, contact phone, e-mail address, and so on.

    (B) the copy of the business license.

    (Iii) the company is responsible for the local business, customer service, and be given copy of business license, articles of incorporation and other related materials.

    (D) operational programmes on the ground. The provinces, autonomous regions and municipalities directly under the communications authority upon receipt of the filing provided for in the preceding paragraph, the materials, and shall issue a confirmation of filing in the 15th, and reported to the Ministry of industry and information technology.

    Material is not complete, it should be written in the 5th told to correct everything at once. Not the filing formalities, shall not operate in local telecommunications business.

    Local business, customer service and other institutions can be allowed to operate telecom services company itself or its records outside of the relevant provinces, autonomous regions, municipalities directly under the established institutions, but should conform to the license requirements.

    Material changes that are listed in the first paragraph, in charge of the local business, customer service and other corresponding bodies should in the 20th, from local provinces, autonomous regions, municipalities directly under the communications authority and certification authorities. Article 21st unless there are special provisions in the operating license, a telecommunications business operators to obtain operating licenses, shall, within 1 year of business in accordance with license types and coverage to provide telecommunications services.

    Not providing telecommunications services in 1 year, should be submitted when applying for a business license and rationale, and telecommunications regulatory body, and made special provisions in the license.

    22nd no unit and individual shall forge, alter, fraudulently use and transfer of business licenses in any way.

    Fifth chapter operation behavior standard

    23rd basic telecommunication business operators shall open, equal to obtain a business license for companies providing business-related telecommunications services required for telecommunications services and telecommunications resources may not be without a business license or not filing procedures units or individuals for telecommunications business of telecommunication resources or provide network access, access business services.

    Article 24th telecommunications business operators shall not in any manner of unfair competition.

    25th for value-added telecommunications services operators to provide network access, basic telecommunication business operators of agent fees and operational cooperation, should be on the contents of the corresponding value-added telecommunications services, tariffs and charges, cooperative behavior, such as specifications, management, discovery, monitoring and disposal of and establish the systems and measures.

    Article 26th basic telecommunication business operators adjust the conditions of cooperation with value-added telecommunications business operators, agreements, shall inform the relevant value-added telecommunication business operators and to listen to their views fully.

    For the consultation information and records should be retained and be provided in telecommunication management monitoring and checking.

    27th site access value-added telecommunications business operators shall comply with the following requirements:

    (A) shall lease to obtain the appropriate operating license provides network access for basic telecommunication business operators and other telecommunications resources engaged in business activities, not to other sites access value-added telecommunication service operators to sublet available telecommunications resources such as network access.

    (B) not being licensed and registered Web site provides access to or the collection and other services.

    (C) in accordance with the provisions of the Telecommunications Authority, established website business license management and records management business management system, realize the age dynamic maintenance of the site information and updates, and report regularly to management agencies submit information required for site management.

    (D) to access Web sites, to supervise the acts of illegal information, find the communication clearly falls within the People's Republic of China Telecommunication Ordinance section 57th information shall immediately stop accessing services such as the collection and, keep records, and report to the relevant authorities of the State.

    (E) in accordance with the requirements of telecommunications regulators terminate or suspend access to illegal sites.

    28th telecommunications regulatory bodies shall establish violations of the telecommunications business operators recording and notification system, there are records of illegal telecommunications business operators ' implementation of the key regulatory.

    Basic telecommunication business operators to value-added telecommunications business operators to provide Internet access, fees and business cooperation, and related violations of the telecommunications regulators should be considered public records. Article 29th telecommunication management establish telecom services market monitoring system.

    Telecommunication business operators shall comply with the requirements to the Telecommunication Authority submitted the appropriate monitoring information.

    Sixth chapter license change and cancellation

    30th expiry date of the license needed to continue operation, should be a 90-day license issuing authority to renew business licenses application no longer continue to operate, shall report a 90-day original issuing authority, and the aftermath.

    Article 31st telecommunications business license of the company or its authorized subsidiaries engaged in Telecom business, in the event of the merger or Division, limited liability company, business operation rights transfer, and related business entities need to change the situation, or business needs change, shall make a decision within 30th of the original issuing agencies for the approval to be implemented.

    Among them, the change involves shareholders of a limited liability company, business operation rights transfer, shall comply with the following conditions:

    (A) after the change of company shall comply with the fifth and sixth conditions provided for in article.

    (B) on application, the company's operations had been opened and there is no violation of the telecommunications regulatory regime.

    32nd in the license validity period, change of corporate name, legal representative, shall after the completion of the company's business registration procedures apply to the issuing authority in the 30th for the telecommunications business license change procedures.

    33rd in the operating license is valid within the telecommunications business operators need terminates its operation, shall comply with the following conditions:

    (A) termination of basic telecommunications services shall comply with telecommunications regulatory bodies to determine the overall layout of the telecommunications industry.

    (B) feasible user treatment plan properly and securely handle user issues.

    Article 34th within the validity period of the license, telecommunication business operators need terminates its operation, shall apply to the issuing authority to submit the following materials: (A) signed by the legal representative and stamped with the official seal of the termination of the telecommunication business in writing.

    Includes: company name, contact information, business license number, types of application for termination of telecommunications business, business coverage, and so on.

    (B) the shareholders agreed to terminate the business telecom services decisions.

    (C) signed by the legal representative of the company user commitment to deal with the aftermath. (D) company information note on resolving user issues.

    Includes: user programmes, public information, user comments in summary, implementation plans, and so on.

    (E) the company's telecommunications business license original, copy of business license. Primary certification authority upon receipt of the application for termination of the telecommunications business to the public, publicity for 30th. Since the end of the publication period 60 days, the original issuing authorities shall complete the review, make a decision to approve or not to approve.
Exit the telecom services market conditions are met, the original issuing authorities shall approve, recovery and log off telecommunications business license, or cancellation of the corresponding type of telecommunication service or telecommunications service coverage to exit the telecom market conditions are not met, the issuing authority shall not be approved, notify the applicant in writing and state the reasons.

    Discontinued operations on the application of basic telecommunications services, or trans-regional value-added telecom service, Ministry of industry and information technology should be approving or not approving decided to send a copy of the relevant province, autonomous region, or municipality directly under the communications authority, relevant provinces, autonomous regions, municipalities directly under the communications authority should log off the telecommunications business license according to law.

    35th telecommunications business operators be about punishment according to law, cannot continue to operate telecom services, the issuing authority shall be operating licenses withdrawn for cancellation.

    Article 36th-issuing authority revocation or cancellation after the telecom business operator's license, it shall notify the appropriate administration of industry and commerce, and to the public.

    Issuing authority revocation, revocation or cancellation of license of telecommunication business operators, addresses the issue of user rehabilitation, business units can be specified through bidding.

    Suspension or cancellation of business licenses of companies and related formalities shall promptly to the appropriate administration of industry and commerce.

    Seventh chapter license supervision and inspection 37th issuing authority to adopt an annual inspection system of operating licenses.

    Telecommunication business operators first quarter of next year in the report should be submitted to the issuing authority inspection of the following materials:

    (A) the telecommunications business of the year; networking, business development, personnel and institutional change; service; national and relevant provisions of the Telecommunication Authority, and so on.

    (B) the copy of the business license of the company.

    (C) the issuing authority required of other materials.

    Article 38th of provinces, autonomous regions, municipalities directly under the communications authority of trans-regional telecommunications business operators should be in supervision and inspection of the circumstances of local telecommunications business, and reported to the Ministry of industry and information technology on the inspection results.

    39th to license issuing authority during the annual roadworthiness inspection, should the telecommunications business operators to submit materials for review, and its main business, management, telecommunications facilities, Telecom tariffs and service quality, implementation of the national and the relevant provisions of the Telecommunication Authority, for inspection. Attend annual inspections and inspection matters in accordance with provisions of the annual examination.

    Is not required to participate in the annual inspection or annual inspection items not in conformity with provisions of the telecommunications regulatory bodies shall be ordered to correct and given administrative penalty according to law; corrected on time, for the annual inspection of rectification; refuses, for annual inspections failed.

    Inspection results and penalties should be in annex to the business license of the inspection records in the record and, to inform the public and industrial and commercial administrative organs.

    40th telecommunications regulators to adopt an annual inspection, supervision and inspection of operating licenses, shall be without prejudice to the telecommunications business operator the normal production and operation activities, shall not be charged any fees. Telecommunications regulators imposed on business license annual inspection, supervision and inspection, supervision and inspection and processing of the results shall be recorded, after being signed by the inspectors from the archive.

    The public right of access supervision and inspection records. Telecommunications business operator shall, in accordance with the national service standards and tariff policies and the provisions of the telecommunications regulators, to provide users with safe, convenient and stable service, and to fulfil universal service obligations without the approval of the certification authority may not be closed for business.

    Telecommunication business operators fail to fulfil the above-mentioned obligations, telecommunications management should a rectification, or to take effective measures to urge them to fulfil their obligations.

    The eighth chapter penalty

    41st to hide relevant information or provides false information to apply for telecommunications business license, telecommunications regulators not to accept or not the administrative licensing, and give a warning, the applicant may not apply again for the administrative license within a year.

    Obtained by fraud, bribery or other improper means telecommunications business license, the telecommunications regulators revoked the administrative license and give a warning, and depending on the seriousness of 5000 Yuan and 30,000 yuan fine, the applicant may not apply again for the administrative license within three years constitutes a crime, criminal responsibility shall be investigated according to law.

    42nd article violates these measures stipulated in article 16th and 31st in accordance with the People's Republic of China Telecom 70th of the Ordinance shall be punished.

    43rd in violation of provisions of this article 22nd, in accordance with the People's Republic of China Telecom 69th of the Ordinance shall be punished.

    44th in violation of article 24th of this law, in accordance with the People's Republic of China Telecom 72nd of the Ordinance shall be punished.

    45th in violation of paragraph II of this article fourth, 18th, 19th, 20th, the third and fourth paragraphs, 21st, 23rd, 25th, 26th, 27th, 30th, 32nd, 34th and 37th article, by telecommunications regulatory agency ordered corrective action and given a warning and a fine of less than 5000 Yuan and 30,000 yuan.

    Article 46th on the telecommunications regulatory body of administrative license and refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Party fails to apply for administrative reconsideration or bring an administrative action, nor performs the decision of administrative penalty, made the administrative punishment decision telecommunication regulatory agencies apply to the people's Court for compulsory execution.

    47th article telecommunications regulatory agency staff in the management of business licenses, dereliction of duty, abuse of power, favoritism and constitutes a crime, judicial organs shall investigate the criminal liability does not constitute a crime, administrative sanctions by the unit or by the competent departments.

    Nineth chapter by-laws

    48th article license to operate uniformly printed by the Ministry of industry and information technology. 49th article of the rules as of April 10, 2009. Published on December 26, 2001, the telecommunications business license regulations (People's Republic of China Ministry of information industry, the 19th) repealed simultaneously.

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