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PROVISIONS ON THE ADMINISTRATION OF GROUND RECERIVING FACILITIES FOR SATELLITE TELEVISION TRANSMISSIONS

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1993-10-05 Effective Date  1993-10-05  

Provisions on the Administration of Ground Receriving Facilities for Satellite Television Transmissions





(Approved at the 7th Executive Meeting of the State Council on August

20, 1993, promulgated by Decree No.129 of the State Council on October 5,
1993, and effective as of the date of promulgation)

    Article 1  These Provisions are formulated for the sake of strengthening
the administration of ground receiving facilities for satellite television
transmissions and promoting the building up of socialist spiritual
civilization.

    Article 2  The term "ground receiving facilities for satellite television
transmissions" (hereinafter abbreviated to "ground receiving facilities for
satellites") referred to in these Provisions denotes the facilities used for
reception of television programmes transmitted via satellites, including
antennas, h.f. tuners, receivers, coders, decoders, etc.

    Article 3  A licensing system shall be implemented by the State for the
production, importation, selling, installation and putting into use of the
ground receiving facilities for satellites. Conditions on the licensing for
the production, importation, selling, installation and putting into use of
the ground receiving facilities for satellite shall be formulated by the
administrative departments concerned under the State Council.

    Article 4  Ground receiving facilities for satellites shall be produced
by enterprises designated by the administrative department of electronic
industry under the State Council and not by any other units.

    Article 5  Selling of the ground receiving facilities for satellites
shall be conducted by units designated jointly by administrative departments
of industry and commerce, of domestic trade, of radio and television and of
electronic industry under a provincial people's government (or a people's
government of autonomous region or municipality directly under the Central
Government). Any other units or individuals must not engage in the said
selling.

    Article 6  An importer of ground receiving facilities for satellites shall
bring a certificate issued by the administrative department of radio and
television under the State Council and an importer of components used
specifically in ground receiving facilities for satellites shall bring a
certificate issued by the administrative department of electronic industry
under the State Council and apply to the administrative department of import
and export of mechanical and electrical products under the State Council for
implementation of examination and approval procedures. The Customs shall give
clearance against effective instruments of ratification.

    Entrance into the country of ground receiving facilities for satellites
by means of carrying by individuals or mailing shall be prohibited.

    Article 7  Instruments and marks of quality accreditation for ground
receiving facilities for satellites shall be issued by administrative
department of quality supervision of products under the State Council of
accreditation organizations authorezed by the said administrative department,
after having accredited the facilities produced as up to standard in
accordance with the relevant law and/or regulations on quality accreditation.
Those products without having been accredited must not be sold or put into
use.

    Article 8  A unit intending to install ground receiving facilities for
satellites shall submit and application to the administrative department of
radio and television under the local county or municipal people's government,
which should be transferred to the administrative department of radio and
television under the competent provincial people's government (or people's
government of autonomous region or municipality directly under the Central
Government) for examination and approval. The unit shall purchase ground
receiving facilities for satellites relying on the certificate issued by the
body exerting the examination and approval. After the completion of
installation, a "License for Reception of TV Programmes Transmitted by
Satellites" will be issued by the said body.

    Article 9  Individuals must not install and put into use ground receiving
facilities for satellites.

    In special situations, an individual who is really necessitated by the
needs to install and put into use ground receiving facilities for satellites
and meets the conditions for permit formulated by the administrative
department of radio and television under the State Council, shall submit an
application to the unit with which he or she is associated. The application,
after having been endorsed by the administrative department of radio and
television under the local county or municipal people's government, shall be
transferred to the administrative department of radio and television under
the competent provincial people's government (or people's government of
autonomous region or municipality directly under the Central Government) for
examination and approval.

    Article 10  For those ground receiving facilities for satellites
installed without having been approved before the promulgation of these
Provisions, procedures seeking for examination and approval shall be
implemented within six months after the promulgation of these Provisions.

    Article 11  Production conducted presumptuously in violation of these
Provisions of ground receiving facilities for satellites shall be ordered
to cease by the competent administrative department of electronic industry.

    Selling conducted presumptuously in violation of these Provisions of
ground receiving facilities for satellites shall be ordered to cease by the
competent administrative department of industry and commerce. The ground
receiving facilities for satellites in the possession of the seller shall
be confiscated and a fine equivalent to less than two times the aggregate
sales may be imposed on the seller.

    For any individual or unit which has installed and put into use ground
receiving facilities for satellites presumptuously in violation of these
Provisions, the facilities installed and put into use shall be confiscated
by the competent administrative department of radio and television and a
fine below five thousand yuan may be imposed on the individual concerned,
or a fine below fifty thousand yuan on the unit concerned.

    Article 12  Any party concerned who doed not accept the decision on
penalties may appeal for and administrative reconsideration or bring an
administrative lawsuit before a people's court in accordance with the
relevant law and/or administrative regulations.

    Article 13  Rules for the implementation of these Provisions shall be
formulated by the administrative department of radio and television under
the State Council in consultation with administrative departments concerned
under the State Council.

    Article 14  These Provisions shall go into effect on the date of
promulgation.



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