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Interim Measures For The Satellite Television Broadcasting Floor Receiving Installation/service

Original Language Title: 卫星电视广播地面接收设施安装服务暂行办法

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Interim measures for the satellite television broadcasting floor receiving installation/service

    (Released August 6, 2009, State administration of radio, film and television, the 60th since as of January 1, 2010) first in order to regulate the satellite television broadcast ground receives facilities (hereinafter referred to as ground satellite receiving facilities) installation services, safeguarding legitimate rights and interests of the parties involved, in accordance with the provisions on administration of ground receiving facilities for satellite television transmissions, radio and television Management Ordinance and other relevant provisions, these measures are formulated.

    Second approach applies to the installation of ground satellite receiving facilities and supply, after-sales service ground proxies and satellite program maintenance, program authorization-related service activities. Third article County above Government broadcast television administrative sector with other about sector, according to their duties, is responsible for on this administrative within of satellite ground received facilities installation service activities implementation supervision management, guide engaged in satellite ground received facilities installation service activities of institutions (following referred to satellite ground received facilities installation service institutions) points level, and points regional established sound satellite ground received facilities installation franchise service system and the dot, to user provides timely convenient service, maintenance user basic public culture interests

    And safeguarding the normal order of radio, film and television career-building and program dissemination, to combat the illicit production, sale, installation of ground satellite receiving facilities.

    Superior government administration of radio, film and television Department and other relevant departments, should strengthen the lower level people's Governments administration of radio, film and television Department and other relevant departments management of supervision and inspection.

    The fourth State shall practice a licensing system for ground receiving satellite installation services. Establishment of ground receiving satellite installation/service shall be obtained for the ground receiving satellite installation/service license.

    Do not hold the ground receiving satellite installation/service license shall not engage in the installation of ground satellite receiving facilities and supporting supply, after-sales service ground proxies and satellite program, program authorization-related service activities. Ground receiving satellite installation/service, shall use the user certificate issued by provinces, autonomous regions and municipalities administration of radio, film and television sector issuance of proof of purchase, to provide ground receiving satellite installation/service. By installation of satellite ground received facilities, should by province, and autonomous regions, and municipalities above Government broadcast television administrative sector approved of satellite ground received facilities installation service institutions, from legal of satellite ground received facilities production enterprise directed purchase; purchase Shi, should nuclear inspection the enterprise by holding national unified organization tender of bid notice and and province, and autonomous regions, and municipalities Government broadcast television administrative sector signed of facilities procurement contract, file.

    Ground satellite receiving facilities shall not enter into circulation in the Community market. Ground receiving satellite installation/service, shall be subject to satellite programming operations entrusted to implement satellite programming utilities such as floor agent, authorized activities.

    Satellite TV operators are not allowed to without the ground receiving satellite installation/service license units commissioned satellite ground proxies and perform authorization.

    Established by section fifth ground receiving satellite installation/service, subject to the following conditions:

    (A) has an independent legal personality, in which enterprises should be State-owned or State-controlled enterprises;

    (B) in accordance with national legislation and regulations of the organization name, organization and articles, have a sound management system and safety measures;

    (C) its operational activities of the professionals, funds, equipment and business premises;

    (D) clear service, service programs and the necessary service resources are available;

    (E) the legal representatives, major investors and operators at the three years before the date of application, is not in violation of State provisions of the ground satellite receiving facilities management and by relevant departments to give more than twice because of administrative penalties;

    (Vi) compliance with laws, administrative regulations and other conditions prescribed by the relevant regulations of the State.

    Administration of radio, film and television sector in examining the above conditions, should also be taken into account the planning and construction of radio and TV coverage in the local arrangements.

    Sixth application for the establishment of ground receiving satellite installation services shall submit the following materials:

    (A) the application and application form;

    (B) the proposed scope of application service;

    (C) the main list of engineers and supporting documents;

    (D) the legal representative, the main operator of identity and resume and major granting agency of relevant documents;

    (E) the place of proof.

    Article seventh ground receiving satellite installation and service should be based on the proposed scope of service, to apply to the local people's Governments above the county-level radio, film and television administration, step by step after the audit, provincial, autonomous regional and municipal people's Government above the radio, film and television administration departments for approval. Provinces, autonomous regions and municipalities directly under the people's Governments above the radio, film and television administration shall receive applications or preliminary review opinions in the 20th, to approve the permit or not permit decisions.

    Granting permits, permits issued; no permission, and shall notify the applicant in writing and state the reasons.

    The ground receiving satellite installation/service license uniformly printed by the State administration of radio, film and television sectors.

    Eighth ground receiving satellite installation/service agencies must follow the ground receiving satellite installation/service license as set out in the business category, service and other matters engaged in ground receiving satellite installation and service activities.

    Ground receiving satellite installation services intends to change name, legal representative, major investors, the main operator, type of business, service areas and other important matters should be 30th prior to the changes to the licensing authority for the renewal of the ground receiving satellite installation/service license. Ground receiving satellite installation/service organization services are to be terminated shall be submitted 60 day license issuing authority terminates before the end service applications and rehabilitation programme, approved by the original licensing authority terminates.

    Rehabilitation services by the local people's Governments at the county level administration of radio, film and television authorities monitor implementation. The Nineth ground receiving satellite installation/service agencies and between ground satellite receiver manufactures, apart from the formation of supplier relations, but other associations may not exist. Related delivery products repair outlets, the parties may establish, by way of principal, agent, cooperation, ground satellite receiver manufactures his own establishment or equity participation.

    Establishment of a maintenance network maintenance management should have the necessary conditions, examined by the people's Governments at the county administration of radio, film and television sectors, Governments of provinces, autonomous regions and municipalities directly under the approval of the radio, film and television administration, with approval documents to the administrative authority for industry and commerce, or after you register a business license before they can open.

    Tenth ground receiving satellite installation/service not to disseminate the following satellite programming signals to provide ground receiving satellite installation and service:

    (A) against the basic principles of the Constitution;

    (B) harm national unity, sovereignty and territorial integrity;

    (C) disclosing State secrets, endangered national security or damages State honor and interests;

    (D) incitement to ethnic hatred or ethnic discrimination, undermining national unity, or violate ethnic customs and traditions;

    (E) promote cults and superstition;

    (Vi) disturb social order and undermine social stability;

    (VII) promoting obscenity, gambling, violence, or abet crimes;

    (VIII) insult or slander others, infringe upon the legitimate rights and interests;

    (I) endanger social morality or national cultural traditions;

    (J) the State administration of radio, film and television sectors approved or prescribed by the State administration of radio, film and television Department range and other specific areas drop foreign television;

    (11) the laws, administrative regulations and other contents prohibited by State regulations.

    11th ground receiving satellite installation/service providers shall comply with the following specifications:

    (A) ensure the quality of ground receiving satellite installation/construction, following the strong, stable, safe, reliable, economical and easy to maintain the principle of; (B) ensure that ground satellite receiving facilities and Accessories products are legal, are qualified.

    Involved in the installation and maintenance of products, issued by the State administration of radio, film and television sectors should be made network certificate of broadcast television equipment, included in the national publication of ground satellite receiver manufactures and directory of certified products, and through the national ground satellite receiving facilities technical safety inspection auditing;

    (C) the delegate shall, in accordance with satellite programming operation, provided to the users list can apply for receiving satellite programs of their choice, the agent, authorization user viewing source of satellite programming and content must be legal, ensure that the user viewing quality, protect legal rights of satellite programs and program sides;

    (D) after the completion of construction, should be reported to the user approval authorities or their authorized agencies to carry out the inspection and the qualified logo, users can open use;

    (V) opened a repair service call, developing service standards and procedures, in time to provide comprehensive advice and convenient services to users;

    (F) establishing business documents and information management system, keep user information on installation procedures, permits, proof of purchase, ensuring information authenticity, legality, accuracy, initiative to the management of supervision and inspection.

    12th of provinces, autonomous regions, or municipalities directly under the administration of radio, film and television authorities shall, in accordance with the regulations, within their respective administrative areas of the ground receiving satellite installation/service management rules, subject to public supervision.

    13th of provinces, autonomous regions, or municipalities directly under the administration of radio, film and television authorities shall, within their respective administrative areas of the ground receiving satellite installation/service agencies to supervise and check.

    14th article violates these rules, and provide ground receiving satellite installation/service without authorization, the Administrative Department of people's Governments above the county-level radio, film and television of the confiscation of their illegal activities and facilities, tools, personal and may be fined not more than 5,000 yuan, the unit may be fined not more than 50,000 yuan.

    Ground receiving satellite installation service and ground satellite receiver manufactures, and associated interests of a violation of these rules, the Administrative Department of people's Governments above the county-level radio, film and television ordered corrective action and may be fined not more than 30,000 yuan in serious cases, the original permit issuing authority shall revoke the ground receiving satellite installation/service license.

    Violations of other provisions in these procedures, the people's Governments above the county level administration of radio, film and television sectors in accordance with the provisions on administration of ground receiving facilities for satellite television transmissions, radio and television Management Ordinance and the relevant regulations of the State shall be punished; constitutes a crime, criminal responsibility shall be investigated according to law.

    Administration of radio, film and television sectors in dealing with violations of the acts as provided herein, is found operating without a license, shall be transferred to the industrial and commercial administration departments dealt with according to law.

    15th users mentioned in these measures refers to comply with national regulations set using ground satellite receiving facilities, and application or of the receiving satellite TV license units or individuals.

    User approval authorities mentioned in these measures refers to provisions under the administration of ground receiving facilities for satellite television transmissions, the satellite television broadcast ground receives facilities management provisions of the rules for the implementation of the provisions and approve setting using ground satellite receiving facilities of the State Council, provincial and prefectural (City) three-level radio, film and television administration.

    Ground satellite receiver manufactures mentioned in these measures refers to Administrative Department of industry and information technology specified by the State Council, and State administration of quality supervision, inspection and quarantine issued a production license for satellite television broadcast ground receives facilities business.

    16th overseas programs receiving user, digital cinema and other ground receiving satellite installation/service for a particular user, provided by designated bodies of the State administration of radio, film and television, in accordance with the relevant provisions of the State administration.

    17th these measures come into force on January 1, 2010.

    Before the implementation of these measures has been legally obtained ground receiving satellite installation/licensing unit shall, within 6 months from the date of implementation of this approach, based on review of these measures registration, renewal of license; fails to get a new license, legally be dealt with by the Administrative Department of radio, film and television. This approach purposes Qian has law set satellite ground received facilities of units user and personal user, should in this approach purposes of day up a years within, independent select delegate where service district within of satellite ground received facilities installation service institutions, into its unified run maintenance range; does have special need and has provides conditions of units user, can application established satellite ground received facilities installation service institutions, itself bear this units satellite ground received facilities of run maintenance.