Radio Station and Television Station Examination, Approval and Management Rules

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State Administration of Radio, Film and Television Decree (No. 37)

The “Radio and Television Station Examination, Approval and Management Rules” were passed at the Administration meeting of 15 June 2004, are hereby promulgated, and take effect on 20 September 2004
Director: Xu Guangchun
18 August 2004

Article 1, In order to standardize radio and television station management and guarantee the healthy development of the radio and television undertaking and industry, on the basis of the “Radio and Television Management Regulations”, these Rules are formulated.

Article 2: Radio and television stations as named in these Rules, refers to radio and television broadcasting organs who compile and produce radio and television programmes, and broadcast them to the social public through wired, wireless, satellite and other means (including radio and television stations, educational television stations, radio and television groups, general stations, radio stations that have independent legal person status, television stations’ sub-stations, etc.).

Article 3: The State Administration of Radio, Film and Television (hereafter simply name SARFT) is responsible for the formulation of radio and television station design and planning, determining the total radio and television station quantity, their distribution and structuring, and is responsible for nationwide radio and television station establishment examination and approval, and supervision and management work. County-level or higher local administrative radio and television departments are responsible for management work concerning radio and television stations in their administrative areas.

Article 4: The State prohibits the establishment of foreign-invested, Sino-foreign contractual joint venture and Sino-foreign cooperative joint venture radio and television stations.

Article 5: Radio and television stations are to be established in principle by administrative radio and television departments at the county and non-districted city-level or higher, or by approved radio, film and television groups (general stations), educational television stations may be established by administrative education departments at the level of districted cities and self-governing prefectures or higher.

Article 6: The establishment and merger of radio and television stations shall meet the following criteria:

(1) conforming to State radio and television undertaking and industry development plans as well as corresponding State and sector standards;

(2) having specialist radio and television personnel technological equipment and the necessary premises conforming to State provisions;

(3) having the necessary basic construction funds and stable financial guarantees;

(4) having a clear channel orientation and determined transmission coverage;

(5) transmission coverage methods and technological parameters conforming to State radio and television transmission coverage network rules.

Article 7: The establishment and merger of and modifications of matters concerning Central-level radio and television stations are to be reported for examination and approval directly to SARFT. The establishment and modification of local-level radio and television stations is to be applied for by the administrative radio and television department of that level with the higher-level administrative radio and television department, and after progressive examination and verification, is to be reported to SARFT for examination and approval.

The establishment and merger of and the modification of matters relating to educational television stations is, after administrative education departments at the districted city or autonomous prefecture level or higher obtain agreement from the administrative radio and television department at the same level, to be applied for with the higher-level administrative education department, and after progressive examination and verification, and examination, verification and agreement by the State Council administrative education department, to be reported to SARFT for examination and approval.

Article 8: When applying for the establishment or merger of radio and television stations, the following application materials must be submitted:

(1) a letter of application;

(2) a feasibility report. The report shall indicate the following content:

1, human resources;

2, funding guarantees and sources;

3, premises and facilities;

4, programme channel setup plans (including channel orientations and the setup of columns);

5, transmission coverage scope, methods and technological parameters;

6, operational plans.

(3) the planned station name, station logo and call sign, and colour proofs, creative description and electronic draft of the station logo design;

(4) approval documents of the same level’s People’s Government agreeing to the establishment or merger

(5) plans and arrangements.

Article 9: Where radio and television stations apply for the adjustment of programme sets and the scope of programme setups, they must submit the following materials:

(1) a letter of application;

(2) A feasibility report. The report shall indicate the following content:

1, the reason for adjusting programme cycles and the scope of programme setups

2, human resources

3, funding guarantees and sources;

4, premises and facilities;

5, programme channel setup plans (including channel orientations and column setups);

6, transmission coverage scopes, methods and technological parameters;

7, operational plans.

(3) Advance planning.

Article 10: The name, call sign, etc., of radio and television stations shall in principle be consistent with the name of the administrative region determined by the State Council

Station logos may be composed of images, Chinese characters, numbers and letters, they should be clearly different from logos already used by other radio and television stations and other organs, and be displayed in the upper left corner of the screen during broadcast times. The logo of channels belonging to radio and television stations shall have the station logo at the centre, and be composed of the channel name or abbreviation, serial number, etc.

Article 11: Where radio and television stations apply to change station names, logos or call signs, they must submit the following application materials:

(1) a letter of application

(2) the station name, station logo or call sign they plan to use and their colour design proofs, creative descriptions and electronic drafts. Where change occurs because of administrative districting,  a copy of the approval documents of the State Council concerning change to administrative districting is to be submitted.

Where station names or call signs are changed because of other reasons, the letter of application shall fully explain the reason for the change

Article 12: Where radio and television stations apply for the change of their transmission coverage scope, method or technological parameters, they must submit the following application materials to the administrative radio and television department of the same level:

(1) a letter of application;

(1) a report concerning usage suggestions concerning technological parameters, the necessary design documents and technological evaluation reports.

The letter of application shall explain the reasons for the modification of transmission coverage scope, methods and technological parameters and the influence on the radio and television transmission coverage network.

Article 13: Administrative radio and television departments at the vice-provincial-level city level or higher or radio and television stations established by approved radio and television groups (general stations) may, according to State planning for the radio and television undertaking, industrial construction and technological development plans, use satellite methods to transmit the radio and television programmes of that station.

Those using satellite methods to transmit that station’s radio and television programmes shall put forward an application to the administrative radio and television department of the same level, after the same level’s administrative radio and television department reports this to the same level’s People’s Government for agreement, it is to be progressively reported upwards, and examined and approved by SARFT.

Article 14: Those applying for the use of satellite methods to transmit that station’s radio and television programmes, must submit the following materials:

(1) a letter of application;

(2) a feasibility report. The report shall indicate the following content:

1, the reasons for transmitting radio and television programmes through satellite methods;

2, human resources;

3, funding guarantees and sources;

4, premises and facilities;

5, programme channel setup plans (including channel orientations and column setup);

6, operational plans.

(3) programme examination and management systems;

(4) transmission and broadcast security plans, technical parameters;

(5) approval documents of the same level’s People’s Government;

(6) advance plans.

Article 15: As long as radio and television stations established by administrative radio and television departments at the vice-provincial city level and higher or approved radio and television groups (general stations) exist lawfully, they may apply for the establishment of branch stations for the same administrative regional scope with the same level’s administrative radio and television department, after progressive examination and verification, SARFT examines and approves this.

Where radio and television stations establish branch stations, they must submit the following application materials:

(1) a letter of application;

(2) a feasibility report. The report shall indicate the following content:

1, human resources;

2, funding sources;

3, premises and facilities;

4, programme channel setup plans (including channel orientations and column setup);

5, transmission coverage scopes, methods and technological parameters.

(3) the station name, logo and call signs, with colour design proofs, creative descriptions and electronic manuscripts attached.

Article 16: Branch stations of radio and television stations shall file with the local administrative radio and television department before starting broadcasts, and accept the localized management of the local administrative radio and television department.

Article 17: Applicants shall submit all application materials in fivefold. The administrative radio and television department responsible for acceptance shall, according to the time limits and competences provided in administrative licensing law, conduct acceptance, examination and verification duties. SARFT conducts final examination of application material, where the applicant’s application conforms to statutory standards, it shall issue a written decision of administrative approval; where an administrative approval decision is not issued according to the law, the applicant is to be notified in writing and the reasons explained.

Article 18: SARFT issues a “Radio and Television Broadcast Organ Permit” to radio and television stations of which the establishment is approved, and at the same time issues a “Radio and Television Channel Permit” to every radio and television programme channel that is approved.

The period of validity of permits is three years, to be calculated from the date of issuance. Where it is necessary to continue operations at the expiry of the time period, applications are to be submitted 180 days before the expiry of the period of validity, according to the provisions of Article 6, Article 7 and Article 8 of these Rules, and permits are exchanged after progressive examination and agreement.

The “Radio and Television Broadcast Organ Permit” and “Radio and Television Channel Permit” are uniformly printed and exchanged by SARFT.

Article 19: Where radio and television stations are terminated, the reasons shall be fully explained, and this is to be reported according to original establishment examination and approval procedures to SARFT for examination and approval, the “Radio and Television Broadcast Organ Permit” and the “Radio and Television Channel Permits” are to be recalled by SARFT.

Article 20: Radio and television stations shall produce and broadcast programmes according to the originally approved establishment subjects, station names, call signs, station logos, programme setup scopes, programme cycles, transmission coverage scopes, methods, technological parameters, etc.

Article 21: Where radio and television stations need to provisionally cease broadcasts because of special circumstances, they shall obtain the agreement of the provincial-level or higher administrative radio and television department; those who, without approval, cease broadcast in excess of 30 continuous days or who have not started broadcasting within 180 days of SARFT approval, shall be considered as having ended.

Article 22: Radio and television station channels may be divided into two categories, public interest channels and commercial channels. It is permitted for both channel categories to be appropriately separated in terms of organic setup, according to the different characteristics, objectives and requirements of each, corresponding organizational management methods, production and operational methods may be adopted. Concrete management rules are formulated separately.

Article 23: Radio and television stations may jointly run cross-regional radio and television channels and columns if the establishment thereof is permitted.

Article 23: For jointly-run radio and television channels and columns applications shall be filed by the radio or television station of the channel or column in question with the administrative radio and television department at the same level, after progressive examination and verification, SARFT examines and approves this.

For jointly-run radio and television channels or columns, the following application materials are to be submitted:

(1) a letter of application;

(2) a feasibility report. The report shall indicate the following content:

1, the reason to jointly run a radio and television channel or column;

2, human resources;

3, funding guarantees and sources;

4, premises and facilities;

5, programme resource and setup plans;

6, transmission coverage scopes, methods and technological parameters;

7, operational plans.

(3) a cooperation contract.

Article 25: County-level radio and television stations are in principle not to run television channels themselves, the local news programmes as well as economic, scientific, technological, legal, agricultural, major event-type or topical programmes or literature and art programmes with local characteristics that they produce, as well as advertising, etc., is to be slotted into the timeslots preserved in intra-regional public channels of their province, autonomous region or municipality.

Article 26: Fee-paying radio and television channel examination, approval and management is to be implemented according to corresponding SARFT regulations

Article 27: Technical plans, transmission and broadcast security plans, reported by radio and television stations, and the scope, method and technological parameters of broadcast coverage shall conform to relevant SARFT regulations

Article 28: Those violating these Rules are punished according to the “Radio and Television Management Regulations”

Article 29: These Rules take effect on 20 September 2004. The Ministry of Radio, Film and Television “Radio and Television Station Establishment Application and Approval Management Rules” (Ministry of Radio, Film and Television Decree No. 19) is abolished at the same time.

国家广播电影电视总局令

(第 37 号)

《广播电台电视台审批管理办法》经2004年6月15日局务会议通过,现予发布,自2004年9月20日起施行。

局 长 徐光春

二○○四年八月十八日

广播电台电视台审批管理办法

 

第一条 为规范广播电台、电视台管理,保障广播电视事业和产业的健康发展,根据《广播电视管理条例》,制定本办法。

第二条  本办法所称广播电台、电视台是指采编、制作并通过有线、无线、卫星或其他方式向社会公众播放广播电视节目的广播电视播出机构(含广播电视台、教育电视台、广播影视集团、总台、具备独立法人资格的广播电台、电视台分台等)。

第三条  国家广播电影电视总局(以下简称广电总局)负责制定全国广播电台、电视台的设立规划,确定广播电台、电视台的总量、布局和结构,负责全国广播电台、电视台的设立审批和监督管理工作。县级以上地方广播电视行政部门负责本行政区域内广播电台、电视台的管理工作。

第四条  国家禁止设立外资经营、中外合资经营和中外合作经营的广播电台、电视台。

第五条  广播电台、电视台原则上由县、不设区的市以上广播电视行政部门或经批准的广播影视集团(总台)设立,其中教育电视台可以由设区的市、自治州以上教育行政部门设立。

第六条  广播电台、电视台的设立、合并应当具备下列条件:

(一)符合国家广播电视事业和产业发展规划以及相关的国家、行业标准;

(二)有符合国家规定的广播电视专业人员、技术设备和必要的场所;

(三)有必要的基本建设资金和稳定的资金保障;

(四)有明确的频道定位和确定的传输覆盖范围;

(五)传输覆盖方式和技术参数符合国家广播电视传输覆盖网规划。

第七条  中央级广播电台、电视台的设立、合并和相关事项变更,直接报广电总局审批。地方级广播电台、电视台的设立和变更,由本级广播电视行政部门向上级广播电视行政部门提出申请,逐级审核后,报广电总局审批。

教育电视台的设立、合并和相关事项的变更,由设区的市、自治州以上教育行政部门征得同级广播电视行政部门同意后,向上级教育行政部门提出申请,逐级审核后,经国务院教育行政部门审核同意,报广电总局审批。

第八条   申请设立、合并广播电台、电视台的,须提交以下申请材料:

(一)申请书;

(二)可行性报告。报告应载明以下内容:

1、人力资源;

2、资金保障及来源;

3、场地、设备;

4、节目频道设置规划(含频道定位、栏目设置);

5、传输覆盖范围、方式和技术参数;

6、运营规划。

(三)拟使用的台名、台标、呼号,并附台标设计彩色样稿、创意简述和电子文稿;

(四)本级人民政府同意设立、合并的批准文件;

(五)筹备计划。

第九条  广播电台、电视台申请调整节目套数和节目设置范围的,须提交以下申请材料:

(一)申请书;

(二)可行性报告。报告应载明以下内容:

1、调整节目套数和节目设置范围的理由;

2、人力资源;

3、资金保障及来源;

4、场地、设备;

5、节目频道设置规划(含频道定位、栏目设置);

6、传输覆盖范围、方式和技术参数;

7、运营规划。

(三)筹备计划。

第十条  广播电台、电视台的台名、呼号等原则上应与国务院确定的行政区划名称一致。

台标可以由图案、汉字、数字和字母组合而成,并与其他广播电台、电视台或其他机构已使用的标识有明显区别,播出时在屏幕左上角标出。广播电台、电视台所属节目频道的标识应

以台标为主体,与频道名称或简称、序号等组合而成。

第十一条  广播电台、电视台申请变更台名、台标、呼号的,须提交以下申请材料:

(一)申请书;

(二)拟变更的台名、台标、呼号及其设计彩色样稿、创意简述和电子文稿。因行政区划变更的,须提交国务院关于变更行政区划的批准文件复印件。

因其他原因变更台名、呼号的,申请书中应充分说明变更的理由。

第十二条  广播电台、电视台申请变更传输覆盖范围、方式、技术参数的,须向本级广播电视行政部门提交以下申请材料:

(一)申请书;

(二)对技术参数的使用建议、必要的设计文件或技术评估报告。

申请书中应说明变更传输覆盖范围、方式、技术参数的理由及对广播电视传输覆盖网的影响。

第十三条  副省级城市以上广播电视行政部门或经批准的广播影视集团(总台)设立的

广播电台、电视台可以按照国家广播电视事业、产业建设和技术发展规划,利用卫星方式传

输本台广播电视节目。

利用卫星方式传输本台广播电视节目的,应向本级广播电视行政部门提出申请,由本级广播电视行政部门报经同级人民政府同意后,逐级上报,由广电总局审批。

第十四条  申请利用卫星方式传输本台广播电视节目的,须提交以下申请材料:

(一)申请书;

(二)可行性报告。报告应载明以下内容:

1、以卫星方式传输广播电视节目的理由;

2、人力资源;

3、资金保障及来源;

4、场地和设备;

5、节目频道设置规划(含频道定位、栏目设置);

6、运营规划。

(三)节目审查和管理制度;

(四)安全传输与播出方案、技术方案;

(五)本级人民政府批准文件;

(六)筹备计划。

第十五条  副省级城市以上广播电视行政部门或经批准的广播影视集团(总台)设立的

广播电台、电视台在合法存续期间,可以向本级广播电视行政部门申请在本行政区域范围内

设立分台,经逐级审核后,由广电总局审查批准。

广播电台、电视台设立分台的,须提交以下申请材料:

(一)申请书;

(二)可行性报告。报告应载明以下内容:

1、人力资源;

2、资金来源;

3、场地、设备;

4、节目频道设置规划(含频道定位、栏目设置);

5、传输覆盖范围、方式和技术参数。

(三)台名、台标、呼号,并附台标设计彩色样稿、创意简述和电子文稿。

第十六条  广播电台、电视台设立的分台,应于开播前向所在地的广播电视行政部门备案,并接受所在地广播电视行政部门的属地管理。

第十七条  申请人提交的所有申请材料均一式五份。负责受理的广播电视行政部门应按照行政许可法规定的期限和权限,履行受理、审核职责。广电总局对申请材料做最终审查,申请

人的申请符合法定标准的,作出准予行政许可的书面决定;依法作出不予行政许可决定的,应

当书面通知申请人并说明理由。

第十八条  广电总局对经批准设立的广播电台、电视台颁发《广播电视播出机构许可证》,并同时对批准开办的每套广播电视节目颁发《广播电视频道许可证》。

许可证有效期为三年,自颁发之日起计算。期满后如需继续开办,须于有效期届满180日前按本办法第六条、第七条、第八条规定提出申请,经逐级审核同意后换发许可证。

《广播电视播出机构许可证》和《广播电视频道许可证》由广电总局统一印制、换发。

第十九条  广播电台、电视台终止的,应充分说明理由,并按原设立审批程序逐级上报广

电总局审批,其《广播电视播出机构许可证》及《广播电视频道许可证》由广电总局收回。

第二十条  广播电台、电视台应当按照批准的设立主体、台名、呼号、台标、节目设置范围、节目套数、传输覆盖范围、方式、技术参数等制作、播放节目。

第二十一条 广播电台、电视台因特殊情况需要暂时停止播出的,应当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日的或自广电总局批准之日起超过180日尚未开播的,视为终止。

第二十二条  广播电台、电视台频道可区分为公益性频道和经营性频道两类。允许两类频道按照各自不同的特点和目标要求,从机构设置上适当分开,采用相应的组织管理方式和生产

经营方式。具体管理办法另行制定。

第二十三条  广播电台、电视台可以跨地区合办经批准设立的广播电视频道或栏目。

第二十四条 合办广播电视频道及栏目,应由该频道或栏目所属广播电台、电视台向本级广播电视行政部门提出申请,经逐级审核后,由广电总局审查批准。

合办广播电视频道或栏目的,应提交以下申请材料:

(一)申请书;

(二)可行性报告。报告应载明以下内容:

1、合办广播电视频道或栏目的理由;

2、人力资源;

3、资金保障及来源;

4、场地、设备;

5、节目资源及设置规划;

6、传输覆盖范围、方式和技术参数;

7、运营规划。

(三)合作合同。

第二十五条 县级广播电视台原则上不自办电视频道,其制作的当地新闻和经济类、科技类、法制类、农业类、重大活动类专题、有地方特色的文艺节目以及广告等,在本省、自治区、直辖市行政区域内公共频道预留时段中插播。

第二十六条  广播电视付费频道的审批管理按照广电总局有关规定执行。

第二十七条  广播电台、电视台申报的技术方案、安全传输与播出方案、传输覆盖范围、方式、技术参数应符合广电总局有关规定。

第二十八条  违反本办法的,依照《广播电视管理条例》进行处罚。

第二十九条  本办法自2004年9月20日起施行。广播电影电视部《广播电台、电视台设立审批管理办法》(广播电影电视部第19号令)同时废止。

 

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

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

    […] Radio Station and Television Station Examination, Approval and Management Rules (SARFT, 2004) […]

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