国务院令第129号
(Approved at the 7th Executive Meeting of the State Council on August 20, 1993, promulgated1 by Decree No. 129 of the State Council on October 5, 1993, and effective as of the date of promulgation2)
颁布日期:19931005 实施日期:19931005 颁布单位:国务院
Article 1 These Provisions are formulated3 for the sake of strengthening the administration of ground receiving facilities for satellite television transmissions and promoting the building up of socialist4 spiritual civilization.
Article 2 The term “ground receiving facilities for satellite television transmissions” (hereinafter abbreviated5 to “ground receiving facilities for satellites”) referred to in these Provisions denotes the facilities used for reception of television programmes transmitted via satellites, including antennas6, h. f. tuners, receivers, coders, decoders, etc.
Article 3 A licensing7 system shall be implemented8 by the State for the production, importation, selling, installation and putting into use of the ground receiving facilities for satellites. Conditions on the licensing for the production, importation, selling, installation and putting into use of the ground receiving facilities for satellite shall be formulated by the administrative9 departments concerned under the State Council.
Article 4 Ground receiving facilities for satellites shall be produced by enterprises designated by the administrative department of electronic industry under the State Council and not by any other units.
Article 5 Selling of the ground receiving facilities for satellites shall be conducted by units designated jointly10 by administrative departments of industry and commerce, of domestic trade, of radio and television and of electronic industry under a provincial11 people's government (or a people's government of autonomous12 region or municipality directly under the Central Government)。 Any other units or individuals must not engage in the said selling.
Article 6 An importer of ground receiving facilities for satellites shall bring a certificate issued by the administrative department of radio and television under the State Council and an importer of components13 used specifically in ground receiving facilities for satellites shall bring a certificate issued by the administrative department of electronic industry under the State Council and apply to the administrative department of import and export of mechanical and electrical products under the State Council for implementation14 of examination and approval procedures. The Customs shall give clearance15 against effective instruments of ratification16.
Entrance into the country of ground receiving facilities for satellites by means of carrying by individuals or mailing shall be prohibited.
Article 7 Instruments and marks of quality accreditation17 for ground receiving facilities for satellites shall be issued by administrative department of quality supervision18 of products under the State Council of accreditation organizations authorized19 by the said administrative department, after having accredited20 the facilities produced as up to standard in accordance with the relevant law and/or regulations on quality accreditation. Those products without having been accredited must not be sold or put into use.
Article 8 A unit intending to install ground receiving facilities for satellites shall submit and application to the administrative department of radio and television under the local county or municipal people's government, which should be transferred to the administrative department of radio and television under the competent provincial people's government (or people's government of autonomous region or municipality directly under the Central Government) for examination and approval. The unit shall purchase ground receiving facilities for satellites relying on the certificate issued by the body exerting the examination and approval. After the completion of installation, a “License for Reception of TV Programmes Transmitted by Satellites” will be issued by the said body.
Article 9 Individuals must not install and put into use ground receiving facilities for satellites.
In special situations, an individual who is really necessitated21 by the needs to install and put into use ground receiving facilities for satellites and meets the conditions for permit formulated by the administrative department of radio and television under the State Council, shall submit an application to the unit with which he or she is associated. The application, after having been endorsed22 by the administrative department of radio and television under the local county or municipal people's government, shall be transferred to the administrative department of radio and television under the competent provincial people's government (or people's government of autonomous region or municipality directly under the Central Government) for examination and approval.
Article 10 For those ground receiving facilities for satellites installed without having been approved before the promulgation of these Provisions, procedures seeking for examination and approval shall be implemented within six months after the promulgation of these Provisions.
Article 11 Production conducted presumptuously23 in violation24 of these Provisions of ground receiving facilities for satellites shall be ordered to cease by the competent administrative department of electronic industry.
Selling conducted presumptuously in violation of these Provisions of ground receiving facilities for satellites shall be ordered to cease by the competent administrative department of industry and commerce. The ground receiving facilities for satellites in the possession of the seller shall be confiscated25 and a fine equivalent to less than two times the aggregate26 sales may be imposed on the seller.
For any individual or unit which has installed and put into use ground receiving facilities for satellites presumptuously in violation of these Provisions, the facilities installed and put into use shall be confiscated by the competent administrative department of radio and television and a fine below five thousand yuan may be imposed on the individual concerned, or a fine below fifty thousand yuan on the unit concerned.
Article 12 Any party concerned who does not accept the decision on penalties may appeal for and administrative reconsideration or bring an administrative lawsuit27 before a people's court in accordance with the relevant law and/or administrative regulations.
Article 13 Rules for the implementation of these Provisions shall be formulated by the administrative department of radio and television under the State Council in consultation28 with administrative departments concerned under the State Council.
Article 14 These Provisions shall go into effect on the date of promulgation.