Regulations on Radio and Television Administration
(Adopted on August1，1997 at the 61th Executive Meeting of the State Council，Promulgated on August11，1997 by the State Council of the People's Republic of China as Decree No.228 and effective as of September 1，1997)
Chapter Ⅰ General Provisions
Article 1 These Regulations are enacted in order to enhance radio and television administration and expand radio and television undertakings so as to promote socialist material，ideological and ethical progress.
Article 2 These Regulations are applicable to such activities as establishing radio and television stations，collecting，editing，producing，broadcasting and transmitting radio and television programswithin the territory of the People's Republic of China.
Article 3 Radio and television undertakings shall adhere to the principles of serving the people and socialism and guiding public opinion in a correctway.
Article 4 The State promotes the development of radio and television undertakings.Local people's governments at or above the county level shall bring radio and television undertakings into plans for national economic and social development and shall gradually increase invested capital，based on the needs and financial resources，to expand the coverage of radio and television broadcast.
The State encourages the development of radio and television undertakings in rural areas.
The State supports the development of radio and television undertakings in national autonomous regions and outlying or impoverished areas.
Article 5 The Administrative Department for Radio and Television under the State Council is responsible for national radio and television administration.
The department or institution which is entitled to be responsible for radio and television administration under the local people's government at or above the county level(hereafter referred to as“the administrative department for radio and television”)shall be in charge of local radio and television administration within its own jurisdiction.
Article 6 National public organisations engaged in the line of radio or television shall practice self-disciplined management according to their own charters and conduct activities under the guidance of the Administrative Department for Radio and Television under the State Council.
Article 7 The State rewards units or individuals thatmake remarkable contributions to the development of radio or television undertakings.
Chapter Ⅱ Radio and Television Stations
Article 8 The Administrative Department for Radio and Television under the State Council is responsible for working out national plans for the establishment of radio and television stations and deciding on the number，layout and structure of radio and television stations.
Radio and television stations asmentioned in these Regulations refer to institutions that collect，edit and broadcast radio or television programs by wire or wirelessmeans.
Article 9 In order to establish a radio or television station，the following conditions must bemet:
1.employment of professionals in the field of radio or television qualified by the relevant State provisions;
2.possession of techniques and equipment for radio or television up to the standards regulated by the State;
3.the stationsmust have essential funds for construction and guarantees for stabilised capital resources;and
4.necessary places.
Examination and approval of the establishment of a radio or television station shall conform to the State plans for radio and television construction and the development of relevant technology in addition to the conditions listed above.
Article 10 A radio or television station shall only be established by the administrative department for radio and television under the people's government at or above the county level or at or above the level of city not divided into districts，while a educational television stationmay be established by the administrative department for education under the people's government at or above the level of city divided into districts or autonomous prefecture.No other unit or individualmay establish any radio or television station.
The State prohibits the establishment of any radio or television station in the form of foreign-capital enterprise，Chinese-foreign equity joint venture or Chinese-foreign contractual joint venture.
Article 11 National radio or television station shall be established by the Administrative Department for Radio and Television under the State Council.If a local radio or television station to be established，an application shall be made by the administrative department for radio and television under the local people's governmentator above the county level or at or above the level of city not divided into districts; after approved by the local people's government upon examination，the application shall be submitted to the departments at higher level and shall finally be examined and approved by the Administrative Department for Radio and Television under the State Council.
National educational television stations shall be established by the Administrative Department for Education under the State Council upon the examination and approval of the Administrative Department for Radio and Television under the State Council.If a local educational television station is to be established，an application for it shall bemade by the administrative department for education under the local people's government at or above the level of city divided into districts or autonomous prefecture; after obtaining approval from the administrative department for radio and television and the local people's government at the same level upon examination，the application shall be submitted to the relevant department at the higher level and shall be finally be examined and approved by the Administrative Department for Education and the Administrative Department for Radio and Television under the State Council.
Article 12 Any radio or television station that is approved to be established shall be constructed according to the construction procedures and the technical standards for radio and television regulated by the State.
Any radio or television station that has been constructed shall be issued a licence after being examined for compliance with the conditions prescribed by the Administrative Department for Radio and Television under the State Council.Each radio and television station shall produce and broadcast programs in conformity with the requirement on name，logo，scope of programs and number of channels specified in the licence.
Article 13 No alteration of the name，logo，scope of programs or number of channels of a radio or television station may be made without first obtaining approval of the Administrative Department for Radio and Part I-Administrative Regulations on Radio，Film and Television Television under the State Council.
No radio and television station may rent out or transfer broadcast time to others.
Article 14 The application for terminating a radio or television station shall be examined and approved according to the procedure of applying for the licence，in which case the licence shall be taken back by the Administrative Department for Radio and Television under the State Council.
If a radio or television station wishes to suspend its broadcast because of special circumstances，it shall obtain permission from the administrative department for radio and television under the local people's government at or above the provincial level; if a radio or television station suspends its broadcast formore than 30 dayswithout permission，its act shall be deemed to be the termination of broadcast，and the relevant procedures specified in the preceding paragraph shall be implemented.
Article 15 Establishment of a radio or television rediffusion station in the village or town shall be subject to examination by the administrative department for radio and television under the local people's government at or above the county level and approval according to the relevant provisions set by the Administrative Department for Radio and Television under the State Council.
In order for government agencies，military units，public organisations，enterprises or institutions to establish cable radio stations or cable television stations，the relevant provisions for examination and approval by the Administrative Department for Radio and Television under the State Council shall be observed.
Article 16 No unit or individualmay forcibly enter a radio or television station， damage facilities of a radio or television station，or endanger the safety of broadcast.
Chapter Ⅲ Networks for Radio and Television Transm ission
Article 17 The Administrative Department for Radio and Television under the State Council shall plan national networks for radio and television transmission in a unified way according to national standards，and the networks should be constructed and developed at different levels.
The administrative department for radio and television under the local people's government at or above the county level shall，in accordance with the relevant State regulation，work to organise，construct and manage the local network for radio and television transmission within its administrative region.
In organising and constructing of networks for radio and television transmission，includingmaking full use of various national network sources such as public communication networks，the quality and smooth transmission of radio or television programs shall be ensured.A network for radio and television transmission asmentioned in these Regulations refers to the composition of radio or television transmitting stations，relay stations(including transposer stations，the same hereinafter)，radio or television broadcast satellites，satellite uplink stations，satellite downlink and relay stations，micro-wave stations，monitoring and testing stations，cable radio and television transmission networks，etc.
Article 18 The Administrative Department for Radio and Television under the State Council shall be in charge of assigning frequencieswithin specified frequency bands for radio or television broadcast and examining and issuing certificates for the assigned frequencies.
Article 19 The establishment of a radio and television transmitting station，relay station，micro-wave station or satellite uplink station shall conform with the relevant State regulations.The holder of the certificate for the assigned frequencies issued by the Administrative department for Radio and Television under the State Council shall go through the procedure of examination and approval by the radio regulatory organs of the State，province，autonomous region ormunicipality directly under the Central Government to obtain a licence for a radio station.
Article 20 Any radio or television transmitting station or relay station shall transmit and relay radio or television programs in accordancewith the relevant provisions stipulated by the Administrative Department for Radio and Television under the State Council.
No radio or television transmitting station or relay station may rent out or transfer any frequency or frequency band that have been examined and approved for use，nor may they alter any approved technical parameter without authorization.
Article 21 No radio or television transmitting station or relay station may broadcast its own produced programs or insert advertisementswithout authorization.
Article 22 Choices of site，design，construction and installation of a network for radio and television transmission shall be conducted according to the relevant State regulations and undertaken by the units that possess corresponding qualification certificates.
Construction of a network and use of radio or television techniques or equipment for radio and television transmission shall meet both State and professional standards.The network may be put into use after examined to be up to such standards by the administrative department for radio and television.
Article 23 Regional cable networks for radio and television transmission shall be established and managed by the administrative department for radio and television under the local people's government at or above the county level.
Plans for a regional cable network for radio and television transmission and its construction shall be implemented after being approved by the administrative department for radio and television under the local people's governmentof the province，autonomous region or municipality directly under the Central Government by the corresponding administrative departmentunder the people's governmentator above the county level or ator above the level of city divided into districts or autonomous prefecture;or upon approval after being submitted to the Administrative Department for Radio and Television under the State Council by the corresponding administrative department under the people's government of the province，autonomous region ormunicipality directly under the Central Government.
Only one regional cable network for radio and television transmissionmay be established within the same administrative region.A cable television rediffussion station shall netwith the regional cable network for television transmission according to the plan.
Article 24 No unit or individual may use a cable network for radio and television transmission to broadcast programswithout permission.
Article 25 Management and use of space location resources of satellites to transmit radio or television programs shall conform to the relevant State regulations.
A radio or television station that transmits radio or television programs via satellite shall meet the conditions set by the State and be approved by the Administrative Department for Radio and Television under the State Council.
Article 26 Whoever installs or uses satellite radio or television ground receiving facilities shall submit an application to the administrative department for radio and television under the people's government of the province，autonomous region or municipality directly under the Central Government for a licence in accordancewith the relevant State regulations.Importation of decoders，decompressors or other satellite radio or television ground receiving facilities shall be approved by the Administrative Department for Radio and Television under the State Council.
Article 27 The destruction of facilities of a network for radio and television transmission by any unit or individual whether by occupying or plundering shall be prohibited.
Article 28 No unit or individual may invade，occupy or interfere with specified frequencies for radio or television，or intercept and transmit，interfere with，descramble or decrypt radio and television signalswithout authorisation.
Article 29 The administrative department under the local people's government at or above the county level shall adopt variousways such as satellite transmission，wireless relaying， cable broadcasting or cable television，etc.to increase coverage of radio and television broadcasts in rural areas.
Chapter Ⅳ Radio and Television Programs
Article 30 Radio and television stations shall broadcast programs within the limits approved by the Administrative Department for Radio and Television under the State Council.
Article 31 Radio and television programs shall be produced by the radio or television stations or the institutions for radio and television program production and managementwhich are established upon the approval of the administrative department for radio and television under the people's government at or above the provincial level.No radio or television station may broadcast any program produced by institutionswhich do not have a licence to produce radio or television programs.
Article 32 Any radio or television station shall improve the quality of radio or television programs and increase the quantity of highly-rated Chinese programs butmust not produce or broadcast any program containing any of the following content:
1.which endangers the unification，sovereignty of the State and territorial integrity;
2.which endangers national security or honour and interests of the State;
3.which instigates national splits to undermine the national unity;
4.which discloses State secrets;
5.which slanders or insulting others;
6.which disseminates pornography or superstition or exaggerates on violence;and
7.any other content prohibited by law or administrative regulations or rules.
Article 33 Radio and television stations shall，in accordance with the provisions stipulated in Article 32 of these Regulations，examine radio or television programs prior to broadcast，or conduct re-examination of the programs prior to re-broadcast.
Article 34 Radio and television newsmust be truthful and fair.
Article 35 Permission from the Administrative Department for Radio and Television under the State Council shall be obtained for the establishment of an institution to produce television plays;and a licence shall be obtained prior to producing a television play.
Measures on production and broadcast of television plays shall be provided by the Administrative Department for Radio and Television under the State Council.
Article 36 Radio and television stations shall use standardised spoken and written languages.Radio and television stations shall work to popularise putonghua or standard Chinese.
Article 37 Local radio and television stations or radio and television redifussion stations shall rebroadcast radio and television programs according to the relevant regulations prescribed by the Administrative Department for Radio and Television under the State Council.
No radio and television redifussion station in a village or town may broadcast its own television programs.
Article 38 Radio and television stations shall broadcast radio and television programs in accordancewith advance program schedules;if alteration of previously announced program schedules is required，notice of such attention shall bemade in advance.
Article 39 Foreign movies or television plays broadcast by any radio and television station shall be examined and approved by the Administrative Department for Radio and Television under the State Council.Other foreign radio or television programs broadcast by any radio and television station shall be examined by the Administrative Department for Radio and Television under the State Council or by other institutions authorised by it.
Radio and television programs that are supplied to foreign countries shall，according to the relevant State regulations，be put on file at the administrative department for radio and television under the people's government at or above the provincial level.
Article 40 The proportion of time assigned to broadcast foreign radio and television programs compared to the total broadcasting time shall be regulated by the Administrative Department for Radio and Television under the State Council.
Article 41 Application of a radio or television station for importing or rebroadcasting any foreign radio and television programs via satellite shall be approved by the Administrative Department for Radio and Television under the State Council.
Article 42 No radio and television stationmay broadcast advertisements in excess of the time limit prescribed by the Administrative Department for Radio and Television under the State Council.
Radio and television stations should be encouraged to broadcast public interest advertisements.
Article 43 The Administrative Department for Radio and Television under the State Council has the right to，under special circumstances，make decision of terminating broadcast and altering or rebroadcasting specific programs.
Article 44 Educational television stations shall，in accordance with the relevant State regulations，broadcast various educational，teaching and learning programs，and shall not be allowed to broadcastmovies or television plays that are irrelevant to teaching and learning subjects.
Article 45 Convening international or national radio and television program fairs must be approved by the Administrative Department for Radio and Television under the State Council and shall be conducted by the assigned institutions.Convening regional radio or television program fairsmust be approved by the local people's government of the province，autonomous region or municipality directly under the Central Government and must be conducted by the assigned institutions.
No unit or individual may organise radio or television program fairs without obtaining approval.
Article 46 Broadcast and use of radio and television programs which are under copyright protection must conform with the provisions set in the Copyright Law of the People's Republic of China.
Chapter Ⅴ Penalty Provisions
Article 47 Any radio or television station，educational television station or cable network for radio and television transmission or radio and television rediffusion station that has been established without authorization and in violation of these Regulations shall be banned by the administrative department for radio and television under the local people's government at or above the county level; its equipment used for illegal activities shall be confiscated，and a fine ofmore than one time and less than two times total investment shall be imposed.
Any radio or television station，relay station，micro-wave station or satellite uplink station established without authorisation shall be banned by the administrative department for radio and television under the people's government at or above the county level;and its equipment used for illegal activities shall be confiscated，a fine ofmore than one time and less than two times the total investments shall be imposed，or the case shall be dealt by the radio regulatory organ according to the State regulations on radio administration.
Article 48 Any private acts of establishing institutions to produce and manage radio or television programs，or of privately producing television plays or any other radio or television programs in violation of these Regulations shall be banned by the administrative department for radio and television under the people's government at or above the county level; the special instruments and equipment used for the illegal activity and the illegal products shall be confiscated form those involved，and a fine of not less than RMB10，000 and notmore than RMB50，000 shall be imposed to those involved.
Article 49 Anyone who，in violation of these Regulations，produces，broadcasts or provides foreign countrieswith programswhose contents are prohibited in Article 32 of these Regulations shall be ordered to terminate the illegal acts，confiscated of the illegal products and imposed with a fine of more than RMB10，000 and less than RMB50，000 by the administrative department for radio and television under the people's government at or above the county level; if the case is serious，the licence shall be revoked by the authority that originally issued it;if the acts violate the regulations on the administration of public security，the person shall be punished by the public security organ according to the relevant regulations on the administration of public security; if the acts constitute a crime，the person shall be investigated for criminal responsibility according to law.
Article 50 Anyone who violates the provisions prescribed in these Regulations by committing any of the following acts shall be ordered to terminate his illegal activities，confiscated of the illegal earnings and imposed with a warning and a fine of less than RMB20，000; if the case is serious，the licence shall be revoked by the authority that originally issued it:
1.altering the name，symbol，scope of programs or number of channels of a radio and television station without authorization;
2.renting out or transferring broadcast time to others;
3.rebroadcasting or broadcasting radio or television programs in violation of the relevant Regulations;
4.broadcasting foreign radio or television programs or advertisements beyond the specified time limit;
5.broadcasting radio or television programs thatare produced by units that do nothave a licence for producing and managing such programs，or broadcasting any television plays produced by any unit that does not have a licence for television play production;
6.broadcasting foreign movies，television plays or other radio or television programs without approval;
7.broadcasting programs prohibited in Article 44 of these Regulations on educational television stations;or
8.convening radio or television program fairswithout authorization.
Article 51 Anyone who，in violation of these Regulations，commits any of the following acts shall be ordered to terminate the illegal activities，confiscated of illegal earnings and instruments and equipment used for illegal activities，and imposed with a warning and a fine of less than RMB20，000 by the administrative department for radio and television under the people's government at or above the county level; if the case is serious，the licence shall be revoked by the authority that originally granted it:
1.renting out or transferring frequencies or any frequency band，or altering the technical parameters of a radio or televisiontransmitting station or relay station without authorization;
2.broadcasting，without approval，its own produced programs or inserting advertisements by any radio or television transmitting station or relay station without authorization;
3.transmitting radio or television programs via satellite without authorization;
4.importing or rebroadcasting foreign radio or television programs via satellite without authorization;
5.broadcasting programs by way of a cable network for radio and television transmission without authorization;
6.choosing sites，designing，constructing or installing a network for radio and television transmission without authorization;or
7.occupying or interfering with special frequencies for radio or television broadcast，or intercepting and transmitting，interfering with，descrambling or decrypting radio or television signalswithout authorization.
Article 52 Anyone who，in violation of these Regulations，endangers the transmitting safety of radio and television stations，or damages radio or television facilities shall be ordered to terminate the illegal activities by the administrative department for radio and television under the people's government at or above the county level; if the case is serious，the person shall be imposed with a fine ofmore than RMB20，000 and less than RMB50，000; if any losses have been caused，the person shall be responsible for compensation according to law;if the activities constitute a crime，he shall be investigated for criminal responsibility.
Article 53 Any administrative department for radio or television broadcast or any of its staffmembers that abuses authority，derelicts duty or engages inmalpractice for selfish ends and therefore commits a crime，shall be investigated for criminal responsibility; if it does not constitute a crime，administrative sanctions shall be imposed.
Chapter Ⅵ Supplementary Provisions
Article 54 Radio and television stations，educational television stations，radio and television transmitting stations，relay stations and institutions for producing and managing radio or television programs that have been established prior to the implementation of these Regulations shall，within six months from the date when these Regulations enter into force，undergo the procedures of re-examination according to the provisions stipulated in these Regulations; the licence of any station or institution that fails to meet the provisions of these Regulations shall be rescinded; the existing educational television stations at the county level may merge with the television broadcasting station at the same level and to operate as educational channel.
Article 55 These Regulations shall be implemented with effect as of September 1，1997.