中华人民共和国广播影视法规汇编:汉英对照中国国家广播电影电视总局法规司编译(2013年版)
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Rules for the Administration of Ground-Based Reception Equipment for Satellite Television Broadcasts

(Adopted on August20,1993 at the 7th Executive Meeting of the State Council,Promulgated on October 5,1993 by the State Council of the People's Republic of China as Decree No.129 and effective as of the date of promulgation)

Article 1 These provisions are formulated with a view to strengthening the control of ground-based reception equipment for satellite television broadcasts and promoting socialist ethical and cultural progress.

Article 2 The ground-based reception equipment for satellite television broadcasts (hereinafter referred to as the ground-based satellite reception equipment)mentioned in these Provisions refers to such installations as antennas,R.F.tuners,receivers,coders and decoders for receiving TV programmes transmitted by satellite.

Article 3 The State shall practise a system of granting licences in respect to the production,import,sale,installation and use of ground-based satellite reception equipment.

The conditions for granting licences for the production,import,sale,installation and use of ground-based satellite reception equipment shall be stipulated by the relevant administrative departments under the State Council.

Article 4 The enterprises designated by the administrative department of electronics industry under the State Councilmay produce the groundbased satellite reception equipment and no other unitsmay be allowed to produce such installations.

Article 5 The units designated by the administrative departments for industry and commerce of the people's governments of the provinces,autonomous regions and municipalities directly under the Central Government and together with the administrative departments of internal trade,radio and television,and electronics industry may sell groundbased satellite reception equipment.No other units or individualsmay be allowed to sell such installations.

Article 6 Where ground-based satellite reception equipment or special parts of ground-based satellite reception equipmentare imported,the certificatemust be issued by the administrative department of radio,film and television under the State Council or by the administrative department of electronics industry under the State Council.With the certificate,the formalities of examination and approvalmay be handled at the administrative department ofmachinery,electronics product import and export under the State Council.The Customs shall permit the installations and special parts to pass with the documents of examination and approval.

Individuals shall be forbidden to bring with or mail ground-based satellite reception equipment onto the Chinese territory.

Article 7 The certificate of quality accreditation and accreditation mark for groundbased satellite reception equipmentmay be granted by the accreditation organ recognized by the administrative department of product quality supervision under the State Council.Alternatively the certificate of quality accreditation and accreditation mark may be given by the department authorized by the above-said supervisory department after they have accredited the quality of ground-based satellite reception equipment as being in accordance with the provisions of laws,rules and regulations on quality accreditation.Without quality accreditation,no such installations shall be allowed to be sold or used.

Article 8 A unitwhich wishes to install ground-based satellite reception equipment must apply to the administrative department of radio and television of the local people's governments of the counties and cities and report it for examination and approval to the administrative department of the provinces,autonomous regions,or themunicipalities directly under the Central Government.They may then perchase ground-based satellite reception equipment with the certificate issued by the organ having examined and approved the application.When the installation of the ground-based satellite reception equipment is completed,a“licence of receiving TV programmes transmitted by satellite”shall be granted by the organs having examined and approved that application.

Article 9 No individuals shall be allowed to install or use the ground-based satellite reception equipment.

If an individual has a real need to install or use ground-based satellite reception equipment under special circumstances which are in conformity with licenced conditions stipulated by the administrative department of radio,film and television under the State Council,he must make an application to the unit to which he belongs.Through the administrative department of radio and television of the local people's governments of the counties or cities,the application shall be submitted for examination and approval to the administrative department of radio and television of the people's governments of the provinces,autonomous regions ormunicipalities'directly under the Central Government.

Article 10 Where the ground-based satellite reception equipment have been installed without approval before the promulgation of these provisions,the formalities of examination and approvalmustbe handled in accordancewith the stipulation of these provisionswithin six months from the date of the promulgation.

Article 11 Where ground-based satellite reception equipment are,without authorization,produced in violation of the stipulations of these provisions,the administrative department of electronic industry shall order the production stopped.

Where ground-based satellite reception equipment are,without authorization,sold in violation of the stipulation of these provisions,the administrative department of industry and commerce shall order the selling stopped,confiscate the ground-based satellite reception equipment and a fine valued at approximately two times or less than two times of the total salesmay be imposed upon.

Where ground-based satellite reception equipment are,without authorization,installed or used in violation of the stipulation of these Provisions,the administrative department of radio and television shall confiscate the ground-based satellite reception equipment installed or used,and may impose a fine of RMB5,000 or less than RMB5,000 on individuals or a fine of RMB50,000 or less than RMB50,000 on units.

Article 12 If a person concerned is not satisfied with decision of penalty,he or she may apply for administrative reconsideration or take legal proceedings in accordance with the provisions of relevant laws,administrative rules and regulations.

Article 13 After the consultation with the administrative departments concerned,the detailed rules for implementation of these provisions shall be formulated by the administrative department of radio,film and television under the State Council.

Article 14 These provisions shall be put into force as of the date of promulgation.