(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.
