境外卫星电视频道落地管理办法

国家广播电影电视总局令第27号

（Promulgated¹ by the State Administration of Radio， Film and Television on 18 June 2004 and effective as of 1 August 2004.）

颁布日期：20040618 　实施日期：20040801 　颁布单位：国家广播电影电视总局

　　Article 1　These Procedures have been formulated² in order to strengthen the administration of the landing of foreign television channels transmitted by way of satellite （Foreign Satellite Television Channels） in China.

　　Article 2　The State Administration of Radio， Film and Television （SARFT） is responsible for implementing³ centralized administration of， and the examination and approval system for， the landing of Foreign Satellite Television Channels.

　　Article 3　Subject to the approval of SARFT， Foreign Satellite Television Channels may be landed within stipulated⁴ confines such as guest houses and hotels ranked with three stars or above that receive foreign guests and apartment buildings exclusively for office and residential⁵ use by persons from abroad， and within other specially⁶ designated confines.

　　Article 4　In order to apply to land a foreign satellite television channel， the following conditions shall be met：

　　1. the channel‘s broadcast contents do not violate the laws， regulations or rules of China；

　　2. the channel is a legal television media in its home country （region）；

　　3. the channel has the actual integrated capabilities⁷ to engage in reciprocal cooperation with Chinese radios and televisions and undertakes to land， and actively⁸ assists in landing， Chinese radio and television programmes abroad；

　　4. the channel applying for landing and its directly related organizations have friendly relations with China and have long-term friendly exchanges and cooperation in radio and television broadcasting with China；

　　5. the channel agrees to centrally transmit its programmes by way of the organization designated by SARFT （Designated Organization） and undertakes not to land such programmes in China by any other means； and

　　6. the channel agrees on， and entrusts⁹， a Designated Organization to be the exclusive agent for all matters related to landing in China.

　　Article 5　SARFT will examine applications for the landing of Foreign Satellite Television Channels once per year， which shall be valid¹⁰ for one year each time. The examination shall be carried out between July and September every year in general.

　　Article 6　A foreign radio or television organization will in principle be granted approval to land only one of its satellite television channels within the scope specified¹¹. In principle， no approval will be granted to land in China foreign satellite news channels or satellite television channels established or jointly¹² established abroad by domestic radio or television organizations or other relevant departments， groups， enterprises or individuals. In special circumstances， special approval of SARFT will be required.

　　Article 7　To apply to land a foreign satellite television channel an application must first be filed by the Designated Organization to SARFT.

　　Prior to application， a Designated Organization shall assess the foreign satellite television channel for which it intends to be an agent on the satisfaction of the conditions stipulated in Article 4 and the technical conditions， and shall report the work progress to SARFT. SARFT shall give an opinion on whether it agrees to the consultation¹³ of the Designated Organization with the foreign satellite television channel regarding the landing. If it does not agrees to the consultation， SARFT shall not accept such application of the Designated Organization.

　　Article 8　When a Designated Organization applies for the landing of a foreign satellite television channel， it shall submit：

　　1. a Satellite Television Channel Memorandum¹⁴ completed by the foreign satellite television channel；

　　2. supporting materials with particulars specified in Articles 4 and 6 hereof provided by the foreign satellite television channel and reception devices such as decoders. The relevant materials shall be written in Chinese. If the materials are written in another language， a Chinese translation shall be attached， which shall be the standard；

　　3. an assessment¹⁵ report of the Designated Organization； and

　　4. a cooperation agreement concluded by the Designated Organization with the foreign satellite television channel.

　　Article 9　SARFT shall decide on whether or not to approve the landing of the Foreign Satellite Television Channels that satisfy the conditions stipulated in Articles 4 and 6 hereof according to the time limit stipulated in the Administrative¹⁶ Licensing¹⁷ Law.

　　Article 10　Foreign Satellite Television Channels that have been granted approval to land shall comply with the various provisions of China concerning the administration of foreign satellite television.

　　Article 11　Foreign Satellite Television Channels that have been granted approval to land shall adjust the scope and format¹⁸ of broadcast coverage¹⁹ of the original satellite signals according to the requirements of the Designated Organization correspondingly and perform the agreements with the Designated Organization. They may not carry out promotional activities for their television channel and their brand name， and the relevant receiving equipment in China without authorization²⁰.

　　Article 12　Foreign Satellite Television Channels that have been granted approval to land are prohibited from broadcasting programmes containing content that：

　　1. compromises the national unity²¹， sovereignty or territorial²² integrity of China；

　　2. compromises the national security of China， harms the reputation or interests of China， or discloses State secrets；

　　3. incites²³ ethnic²⁴ disintegration²⁵， ethnic hatred²⁶， ethnic discrimination in China， damages inter-ethnic unity or violates the customs and habits of ethnic groups in China；

　　4. compromises the social stability of China， propagates obscenity， violence， superstitions²⁷， evil cults²⁸ or incites the commission of crimes；

　　5. slanders²⁹ or insults a third party or infringes³⁰ upon the lawful³¹ rights and interests of a third party；

　　6. compromises the public morality of China or slanders the refined indigenous³² culture and traditions of China； or

　　7. violates laws， regulations or rules of China.

　　Article 13　Where there is a change in the following matters in relation to Foreign Satellite Television Channels， the foreign satellite television channel shall circulate a notice to， and consult with， the Designated Organization in advance， and the Designated Organization shall report the matter to SARFT：

　　1. a change in the equity³³ structure， operation rights， investor³⁴， main management personnel of the channel and its directly related organizations；

　　2. a change in the major items listed in the Satellite Television Channel Memorandum， such as the name or type of the channel， the constituents³⁵ of programmes， broadcasting language， subtitles³⁶， etc.；

　　3. a change in whether the signals broadcast by the channel are encrypted， or in the relevant technical parameters³⁷ such as the satellite transmitting the signals and the areas it covers， etc.； and

　　4. a change in the items stipulated in Articles 4 and 6 hereof.

　　Where SARFT deems that the channel that has been granted approval to land no longer satisfies the provisions hereof due to a change in the aforementioned items， it may handle the matter correspondingly until the termination of the channel‘s landing qualifications.

　　Article 14　Radio and television administrative departments at all levels shall administer the receiving activities of the relevant foreign satellite televisions in accordance with the Administration of Terrestrial Receiving Equipment for Satellite Television Broadcasts Provisions （State Council Order No. 129） and the relevant provisions.

　　Article 15　Designated Organizations shall adopt the necessary measures， assist the radio and television administrative department in the supervision³⁸ of the relevant acts and broadcast contents of the Foreign Satellite Television Channels for which they are the agent， coordinate³⁹ with the implementation⁴⁰ of the relevant handling actions of SARFT， and report the problems discovered in a timely manner.

　　If a foreign satellite television channel that has been granted approval to land broadcasts content violates Article 12 hereof， the Designated Organization shall terminate the transmission of contents that are in violation⁴¹ of provisions.

　　Article 16　If a foreign satellite television channel that has been granted approval to land violates the provisions hereof and the circumstances are minor⁴²， SARFT shall issue a warning， request the channel to state the circumstances and carry out rectification⁴³. If the circumstances are serious， the transmission of its specific contents shall be suspended， and the relevant landing qualifications of the channel shall be suspended or revoked⁴⁴.

　　Article 17　If a foreign satellite television channel that has been granted approval to land causes negative effects， the channel shall eliminate the negative effects within the same scope as that of the original broadcast as requested by SARFT， in addition to accepting the corresponding handling actions.

　　Article 18　Foreign Satellite Television Channels that have been granted approval by SARFT to land in specific regions of China shall be governed by reference to these Procedures.

　　Article 19　These Procedures shall be implemented⁴⁵ as of 1 August 2004. The Administration of the Landing of Foreign Satellite Television Channels Procedures （SARFT Order No. 22） promulgated by SARFT shall be repealed⁴⁶ simultaneously⁴⁷.