Radio and Television Station Establishment Examination, Approval and Management Rules

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Ministry of Radio, Film and Television

24 May 1996

Article 1: In order to strengthen management over the establishment of radio and television stations, and on the basis of relevant State regulations, these Rules are formulated.

Article 2: Radio and television stations as named in these Rules refers to wireless radio and television stations established by county-level or higher People’s Governments.

The establishment of cable radio and television stations is to be handled according to the provisions of relevant administrative regulations and departmental rules.

Article 3: The principles of uniform regulation, rational structuring, hierarchical construction and coordinated development are implemented for the establishment of radio and television stations.

The Ministry of Radio, Film and Television is responsible for planning of nationwide radio and television stations, examination and approval of establishment and macro-level management.

Provincial-level administrative radio and television departments are responsible for planning of radio and television stations within their administrative areas, examination and verification of establishment and concrete management, and are to accept the leadership of the Ministry of Radio, Film and Television.

Article 4: The administrative radio and television departments of four levels of government, Central, provincial, districted city and county (city), may apply for the establishment of radio and television stations, and coverage is to be conducted according to national general radio and television plans.

Article 5: Administrative education departments may apply for the establishment of specialized education television stations, no other administrative departments, enterprise and undertaking work units or individuals may establish radio and television stations.

It is prohibited for foreign organizations or individuals to establish radio and television stations individually or in cooperation with domestic organizations or individuals.

It is prohibited for local radio and television stations to jointly open radio and television stations across administrative regions or national radio and television stations.

Article 6: For the establishment of radio and television stations, the following conditions shall be met:

(1) conforming to general planning for radio and television construction and development;

(2) having frequency resources;

(3) having the necessary basic construction investments and stable funding guarantees;

(4) having a personnel allocation with the necessary quantities of editing, production, broadcast and other such specialized technological personnel and management personnel;

(5) having corresponding organs to exercise administrative radio and television management functions;

(6) other conditions provided by the Ministry of Radio, Film and Television.

Localities that are not yet covered by the first programme channel of Central and provincial-level radio and television stations who apply for the establishment of radio stations (except for county-level FM stations) or television stations, shall also have the facilities and funding to transmit the first programme channel of Central and provincial-level radio and television stations.

Article 7: Central radio and television stations are established by the Ministry of Radio, Film and Television.

In order to establish local radio and television stations, local administrative radio and television departments put forward an application, after the government at the same level approves this, provincial level administrative radio and television departments are to examine and verify this, and report it to the Ministry of Radio, Film and Television for examination and approval.

Article 8: Where permission is obtained to establish radio and television stations, project construction shall be conducted according to provided procedures and radio and television technology standards, only after projects are checked and approved, and frequency licenses, and radio or television licenses are obtained, may they be put into use.

Frequency licenses and radio or television licences are uniformly printed by the Ministry of Radio, Film and Television.

Article 9: After radio and television stations’ broadcasting towers, transmitter frequencies, power, aerial height and other technological parameters are approved, they may not be changed without authorization; where they need to be changed, they must be reported to the Ministry of Radio, Film and Television after examination and verification after examination and verification by administrative radio and television departments.

Article 10: The call signs of radio and television stations are determined by the Ministry of Radio, Film and Television.

Local radio and television stations’ call signs are to be named after the local administrative area. Radio and television stations that have been approved to use non-administrative area names as call signs are to add the name of the local administrative area before their original call sign without exception from the date of promulgation of these Rules.

After radio and television stations’ call signs are determined, they may not be changed without authorization.

Article 11: Radio and television stations that terminate must report for approval according to the original examination and approval procedure, their radio or television licence is recalled by the issuing department.

Where radio and television stations need to cease broadcasting because of special circumstances, they must obtain agreement from the provincial-level or higher administrative radio and television department. Where they have ceased broadcasting for a continuous period of 30 days without approval, they shall be considered as having ended, and relevant procedures are to be conducted according to the above clause.

Article 12: Where it is necessary for radio and television stations because of propaganda work needs, under conditions where economic circumstances, frequency resources and programme production capacities permit it, and the Ministry of Radio, Film and Television approves it, it is permitted to increase programme channels or launch specialist stations. Their examination and approval procedure takes reference to Article 7 of these Rules.

Article 13: A number of provincial and autonomous regions with large territories and complex geographies may apply for the use of satellite transmission methods to resolve provincial (regional) radio and television programme coverage. Their examination and approval procedure is: provincial, autonomous region or municipal administrative radio and television departments put forward an application, after agreement of the same level’s People’s Government, this is reported to the Ministry of Radio, Film and Television for examination and approval. Concrete management rules are formulated separately.

Article 14: Administrative education departments that apply for the establishment of educational television channels shall conform to the general nationwide radio and television plan, and after examination and verification by the State Education Commission, report to the Ministry of Radio, Film and Television for approval, the necessary channels are uniformly allocated by the Ministry of Radio, Film and Television. Educational television station establishment management rules are formulated separately by the Ministry of Radio, Film and Television together with the State Education Commission.

Article 15: Those violating Article 5 of these Rules, are ordered by the provincial-level or higher administrative radio and television department to cease broadcasts, their facilities are confiscated, and in view of the gravity of the circumstances, a fine of one to two times the total investment value is imposed; the directly responsible persons are punished with a fine of 2.000 Yuan to 5.000 Yuan.

Article 16: Those violating Article 9 or Article 10 of these Rules will be subject to a warning by the county-level or higher administrative radio and television department, they are ordered to cease the unlawful act, and ordered to rectify matters within a limited time, a fine of 5.000 to 20.000 Yuan may be additionally or individually imposed; where circumstances are grave, the Ministry of Radio, Film and Television cancels their radio or television licence, and suggests that their leading persons are subject to administrative punishment.

Article 17: Radio and television stations violating Article 12 of these Rules are subject to a warning by the provincial-level or higher administrative radio and television department, they are ordered to cease the unlawful act, their facilities are confiscated, and a fine of two to five times the total investment value may be additionally or individually imposed; where circumstances are grave, the Ministry of Radio, Film and Television cancels their radio or television licence, and suggests that their leading persons are subject to administrative punishment.

Article 18: Those violating Article 13 of these Rules are subject to a warning by the provincial-level administrative radio and television department, they are ordered to cease the use of satellite transmission methods, and a fine of 20.000 Yuan to 50.000 Yuan may be additionally or individually; where circumstances are grave, the Ministry of Radio, Film and Television cancels the radio licence or television licence, and suggests that their leading persons are subject to administrative punishment.

Article 19: Radio and television post establishment is examined and approved by provincial-level administrative radio and television departments according to these Rules.

Article 20: Radio and television stations of which the establishment was approved before the promulgation of these Regulations, are to be re-examined and verified by the provincial-level or higher administrative radio and television department according to these Rules within half a year from the date of promulgation of these Rules. To those who conform to conditions, the Ministry of Radio, Film and Television will issue radio or television licenses.  Those not conforming to conditions are ordered to rectify matters within a limited time. Those who still do not conform to provided conditions after rectifications have their call sign cancelled by the Ministry of Radio, Film and Television, and are transformed into transmission stations.

Article 21: The interpretation of these Rules is the responsibility of the Ministry of Radio, Film and Television.

Article 22: These Rules take effect on the date of promulgation, the earlier document GFDZ No. (1984)224 is abolished at the same time.

广播电台电视台设立审批管理办法
第一条

为加强对设立广播电台、电视台的管理,根据国家有关规定,制定本办法。

第二条

本办法所称广播电台、电视台是指县级以上各级人民政府设立的无线广播电台、电视台。

有线广播电台、电视台的设立按有关行政法规和部门规章的规定办理。

第三条

广播电台、电视台的设立实行统一规划、合理布局、分级建设、协调发展的原则。

广播电影电视部负责全国广播电台、电视台的规划、设立审批和宏观管理。

省级广播电视行政部门负责本行政区域内广播电台、电视台的规划、设立审核和具体管理,并接受广播电影电视部的领导。

第四条

中央、省、设区的市、县(市)四级政府的广播电视行政部门可以申请设立广播电台、电视台,并按全国广播电视的总体规划进行覆盖。第五条

教育行政部门可以申请设立专业性的教育电视台,其他行政部门、企事业单位或者个人不得设立广播电台、电视台。

禁止境外组织或个人单独或者与境内组织、个人合作在境内设立广播电台、电视台。

禁止地方广播电台、电视台联合开办跨行政区域的或全国性的广播电台、电视台。

第六条

设立广播台、电视台,应该具备下列条件:

(一)符合广播电视建设、发展的总体规划;

(二)有频率资源;

(三)有必需的基本建设投资和稳定的资金保障;

(四)有必要数量的采编、制作、播出等专业人员和管理人员编制;

(五)有相应的行使广播电视行政管理职能的机构;

(六)广播电影电视部规定的其他条件。

中央和省级广播电台、电视台第一套节目未覆盖到的地方申请设立广播电台(县级调频台除外)、电视台,还应具有转播中央和省级广播电台、电视台第一套节目的设备和经费。

第七条

中央广播电台、电视台由广播电影电视部设立。

设立地方广播电台、电视台,由当地广播电视行政部门提出申请,经同级政府同意后,由省级广播电视行政部门审核,报广播电影电视部审批。

第八条

获准设立广播电台、电视台的,应按规定的程序和广播电视技术标准进行工程建设,工程验收合格,领取频率执照和广播或电视执照后,方可投入使用。

频率执照和广播或电视执照由广播电影电视部统一印制。

第九条

广播电台、电视台的发射台址、发射机频率、功率、天线高度和其他技术参数经批准后,不得擅自变更;确需变更的,应由省级广播电视行政部门审核后,报广播电影电视部审批。

第十条

广播电台、电视台的呼号由广播电影电视部审定。

地方广播电台、电视台的呼号以当地行政区域名称命名。已经批准的用非行政区域名称作呼号的广播电台、电视台自本办法发布之日起,一律在原有呼号前冠以当地行政区域名称。

广播电台、电视台的呼号经审定后,不得擅自变更。

第十-条

广播电台、电视台终止须按原审批程序报批,其广播或电视执照由发放部门收回。

广播电台、电视台因特殊情况需停止播出的,须经省级以上广播电视行政部门同意。未经批准连续停止播出超过30天的,视为终止,应按前款规定办理有关手续。

第十二条

广播电台、电视台因宣传工作需要,在经济条件、频率资源和节目制作能力允许的情况下,经过广播电影电视部批准,可以增加节目套数或开办专业台。其申报程序参照本办法第七条。

第十三条

部分地域辽阔、地形复杂的省、自治区可以申请利用卫星传送方式解决本省(区)的广播电视节目覆盖。其报批程序是:省、自治区广播电视行政部门提出申请,经同级政府同意后,报广播电影电视部批准。具体管理办法另行制定。

第十四条

教育行政部门申请设立教育电视台应符合全国广播电视的总体规划,并由国家教育委员会审核后,报广播电影电视部审批,其所需频道由广播电影电视部统一指配。教育电视台设立管理办法由广播电影电视部会同国家教育委员会另行制定。

第十五条

违反本办法第五条的,由省级以上广播电视行政部门责令其停止播出,没收其设备,并视情节轻重,处以其投资总额一至二倍的罚款;对直接责任人处以两千元至五千元的罚款。

第十六条

违反本办法第九条、第十条规定的,由县级以上广播电视行政部门给予警告,责令其停止违法行为,并限期整改,可以并处、单处五千元至两万元的罚款;情节严重的,由广播电影电视部吊销其广播或电视执照,并建议给予其领导人行政处分。

第十七条

违反本办法第十二条规定的广播电台、电视台,由省级以上广播电视行政部门给予警告,责令其停止违法行为,没收其设备,可以并处、单处其投资总额二至五倍的罚款;情节严重的,由广播电影电视部吊销其广播或电视执照,并建议给予其领导人行政处分。

第十八条

违反本办法第十三条规定的,由省级以上广播电视行政部门给予警告,责令其停止利用卫星传送节目,可以并处、单处二万元至五万元的罚款;情节严重的,由广播电影电视部吊销其广播或电视执照,并建议给予其领导人行政处分。

第十九条

广播电视站的设立由省级广播电视行政部门参照本办法审批。

第二十条

本办法发布前经批准设立的广播电台、电视台,在本办法发布之日起半年内,由省级以上广播电视行政部门依照本办法进行重新审核。符合条件的,由广播电影电视部发给广播或电视执照。不符合条件的,责令其限期整改。经整改仍达不到规定条件的,由广播电影电视部取消其呼号,改为转播台。

第二十一条

本办法由广播电影电视部负责解释。

第二十二条

本办法自发布之日起施行,原广发地字〔1984〕224号文同时废止。

One thought on “Radio and Television Station Establishment Examination, Approval and Management Rules

    Latest Updates | China Copyright and Media said:
    November 23, 2013 at 8:01 am

    […] Radio and Television Station Establishment Examination, Approval and Management Rules (MRFT, 1996) […]

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