State Administration for Radio, Film and Television Decree
Director: Xu Guangchun
10 February 2002
The “Provisional Regulations on Going Abroad to Rent or Buy Frequency Channels and Establishing Stations” have been passed by the Administration Council, are hereby promulgated, and take effect on 10 March 2002.
Article 1: In order to further stimulate and standardize radio and television organs going abroad to rent or buy radio or television frequency channels, time slots and establish radio stations and television stations (hereafter simply named renting or buying frequency channels and establishing stations) work, expand broadcast and cover of radio and television programmes of our country, these Regulations are formulated.
Article 2: Going abroad to rent or buy frequency channels and establish stations shall conform to the planning, distribution and structure formulated by the State Administration for Radio, Film and Television, and shall abide by the principle of “the Centre is dominant, the local supplements”. Central and local radio and television organs shall give free rein to their superiority, strengthen cooperation in areas such as programming, art and funding, etc.
Article 3: The State Administration for Radio, Film and Television is responsible for examination and approval of going abroad to rent or buy frequency channels and establish stations and the coordination of relevant entities nationwide. Provincial administrative radio, film and television entities are responsible for management work over provincial-level radio and television broadcast organs in their jurisdiction going abroad to rent or buy frequency channels and station establishment programmes.
Article 4: Central and provincial-level radio and television organs may apply to engage in business of going broad to rent or buy frequency channels and establish stations.
Article 5: Work units directly subordinate to the State Administration of Radio, Film and Television, must put forward applications to the State Administration of Radio, Film and Television, which are examined and approved by the State Administration of Radio, Film and Television.
Provincial-level radio and television broadcast organs going abroad to rent or buy frequency channels or establish stations, must put forward an application with the provincial-level administrative radio, film and television department, and after agreement by the provincial level administrative radio, film and television department, report to the State Administration of Radio, Film and Television for examination and approval.
For cross-provincial (regional, municipal) cooperation programmes, an application must be put forward by the sponsoring provincial-level radio or television broadcast organ with the State Administration of Radio, Film and Television, and after the examination, verification and approval by all involved provincial-level administrative radio, film and television departments, be reported to the State Administration of Radio, Film and Television for examination and approval.
Before examination and approval, the State Administration of Radio, Film and Television may solicit the opinion of relevant departments in consideration of the circumstances.
Article 6: For applications to engage in going abroad to rent or buy frequency channels or establish stations, the following documents must be submitted:
(1) a programme application letter
(2) an argument of the programme’s necessity and feasibility;
(3) programme content and plans;
(4) the political, economic and religious background as well as the credit situation and other materials of the concrete co-operators (organs or individuals);
(5) a letter of intent to cooperate;
(6) a programme financial budget report;
(7) programme production, arrangement, transmission or broadcast plans;
(8) other necessary documents.
Article 7: Radio and television structures going abroad to rent of buy frequency channels or establish stations, may adopt exclusive investment methods or cooperative and joint venture methods with other domestic and foreign organs.
Article 8: Provincial-level and higher administrative radio, film and television departments are responsible for supervision and management over the programme business of radio and televisions in their jurisdiction going abroad to rent or buy channels or establish platforms. For cross-provincial (regional, municipal) cooperation programmes, after consultation by all related provincial-level administrative radio, film and television departments, a special organ is appointed or established to be responsible for supervision and management over the business operations.
Article 9: If programmes approved to go abroad to rent or buy frequency channels or establish stations, need to change cooperation partners, change frequency channels and time slots, or make large-scale changes or reorganizations of programmes, they shall report for approval again according to the provisions of Article 5 of these Regulations.
Article 10: Programmes broadcast abroad using the method of renting or buying frequency channels or establishing stations must conform to the requirements of foreign-aimed propaganda, and be focused. At the same time, they must conform to the following requirements:
(1) conforming to the provisions of our country’s laws and regulations;
(2) completely and correctly introducing China to the world;
(3) benefiting the establishment and safeguarding of a good image of China;
(4) benefiting and safeguarding national unity and the and the uniting of the nation
(5) benefiting carrying forward the excellent culture of the Chinese nation;
(6) benefiting the development of Sino-foreign relations and cultural exchange;
(7) respecting the laws of the host country (region) as well as national customs, habits and religious beliefs.
Article 11: When going abroad to rent or buy channels or establish stations, the principle of “giving place to ourselves, benefiting ourselves” shall be observed, and the broadcast and use of Chinese radio and television programmes given priority. Among the programmes broadcast by the rented or bought channels, frequencies, time slots and established channels, Chinese radio and television programmes must occupy the main proportion.
Article 12: The receiving of frequency channels rented or bought, or stations established abroad will be carried out according to State regulations relating to foreign satellite television management.
Article 13: Thos violating Article 5, Article 9, Article 10 and Article 11 of these Regulations, will be issued with a warning by the administrative radio, film and television departments, ordered to cease the unlawful activity, rectify it, and impose administrative punishment on the directly responsible controlling personnel and other directly responsible personnel.
Article 14: Those already engaging in the business of renting or buying frequency channels and establishing stations abroad before these Regulations take effect, shall conduct formalities again according to these Regulations within 6 months of the day these Regulations take effect.
Article 15: These Regulations take effect on 10 March 2002.
第 12 号
局 长 徐光春