国际通信出入口局管理办法 Administration of International Communications Gateway Exchanges Procedures

信息产业部令第22号

（Promulgated by the Ministry of Information Industry on 21 June 2002 and effective as of 1 October 2002.）

颁布日期：20020621 　实施日期：20021001 　颁布单位：信息产业部

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Procedures have been formulated pursuant to the PRC， Telecommunications Regulations， in order to strengthen the administration of international communications gateway exchanges， safeguard State interests and promote the healthy and orderly development of international communications.

　　Article 2　The establishment of international communications gateway exchanges and the offering of international telecommunications services in the People's Republic of China must comply with these Procedures.

　　Article 3　International communications gateway exchanges （International Communications Gateways） are divided into International Communications Channel Gateways， International Communications Service Gateways and Border Area International Communications Gateways.

　　The term “International Communications Channel Gateway” means the transfer point between a domestic communications transmission channel and an international communications transmission channel and includes the following：

　　（1） landing or entry stations in China of international communications optical cables， electrical cables， microwaves， etc.；

　　（2） landing or entry extension terminal stations in China of international communications optical cables， electrical cables， microwaves， etc.；

　　（3） gateway stations， earth stations， etc. in China for international satellite communications systems；

　　（4） other transfer points that link domestic communications transmission channels and international communications transmission channels.

　　The term “International Communications Service Gateway” means the service transfer point between a domestic communications service network and an international communications service network and includes the following：

　　（1） international exchanges for telephone service networks （including international telephone service network signal transfer points）；

　　（2） international exchanges for frame relay， DDN and ATM service networks；

　　（3） internet international switching routers；

　　（4） other service transfer points that link domestic communications service networks and international communications service networks.

　　The term “Border Area International Communications Gateway” means international direct circuits connected to the communications networks of adjacent foreign regions by means of domestic switchboards.

　　Article 4　The Ministry of Information Industry is responsible for the examination and approval of the establishment of International Communications Gateways and for the supervision and administration of such gateways.

　　Article 5　Applications for the establishment of International Communications Gateways shall be made by wholly State-owned telecommunications service providers， which shall also be responsible for their operation and maintenance.

　　No work unit or individual may establish any form of International Communications Gateway without the approval of the Ministry of Information Industry.

　　Article 6　International communications services in the People's Republic of China must be provided through International Communications Gateways the establishment of which has been approved by the Ministry of Information Industry. No work unit or individual may engage in international communications by other means.

　　Communications with the Hong Kong and Macao Special Administrative Regions and Taiwan shall be handled with reference to the administration of international communications.

　　Article 7　The establishment of International Communications Gateways shall comply with relevant State laws and regulations and be subje

ct to supervision， inspection and guidance by the Ministry of Information Industry and the communications administrations of the provinces， autonomous regions and municipalities directly under the central government.

　　PART TWO　ESTABLISHMENT， ADJUSTMENT AND CLOSING DOWN OF INTERNATIONAL COMMUNICATIONS GATEWAYS

　　Article 8　The number and locations of International Communications Gateways to be established shall be determined by the Ministry of Information Industry in accordance with the master plan for the development of China's international communications network， the applications from telecommunications service providers and the requirements of the development of international telecommunications services.

　　Article 9　International Communications Channel Gateways shall be established at locations where international marine optical cables or terrestrial optical cables can easily be landed or enter. Furthermore， consideration shall be given to such factors as network security and reliability and the convenience of extension to the domestic network.

　　Article 10　International Communications Service Gateways shall be established in core cities where international communications business is concentrated.

　　Article 11　Border Area International Communications Gateways shall be established in cities at or above the prefectural level that border on foreign territory and consideration shall be given to such factors as the future development of such cities， the volume of their communications traffic with the adjacent foreign regions， etc.

　　A Border Area International Communications Gateway may only be used for point to point communications between the area where it is located and the corresponding area across the border and may not be used to switch telecommunications services beyond such area.

　　Article 12　To establish an International Communications Gateway， an application accompanied by the materials set forth below shall be submitted to the Ministry of Information Industry：

　　（1） an application for the establishment of an International Communications Gateway；

　　（2） the international communications infrastructure operating permit or international telecommunications service operating permit；

　　（3） the technical plan for the establishment of the International Communications Gateway； and

　　（4） other materials that the Ministry of Information Industry requests be submitted.

　　Article 13　The Ministry of Information Industry shall complete its examination and issue an official reply as to its approval or rejection of the application within 60 days from the date of its receipt of all the materials specified in Article 12.

　　Article 14　To close down an established International Communications Gateway， a written application must be submitted to the Ministry of Information Industry 30 days in advance and the International Communications Gateway may only be shut down after approval by the Ministry of Information Industry. Furthermore， outstanding issues shall be duly handled. The written application shall include the current state of the International Communications Gateway that is to be closed down and the measures to be taken to handle the outstanding issues after the closure.

　　Construction projects for expanding the capacity of or making adjustments to established International Communications Gateways are subject to examination， approval and consent in accordance with relevant provisions； the telecommunications service provider shall submit the plan for expansion of capacity or adjustment to the Ministry of Information Industry for the record 90 days before the commencement of work； unless otherwise specified in State provisions.

　　Article 15　Construction projects for International Communications Gateways the establishment of which have been approved shall be reported to the relevant authorities for examination and approv

al in accordance with the procedures for the administration of project construction specified by the State.

　　Article 16　To provide VSAT services for international communications， the provider shall carry out examination and approval procedures for International Communications Gateways and after receiving approval to establish the same shall carry out the examination and approval procedures for the establishment of wireless stations in accordance with relevant provisions.

　　To establish a wireless station for international communications， the examination and approval procedures for the establishment of wireless stations shall be carried out in accordance with relevant provisions after approval to establish an International Communications Gateway has been received.

　　PART THREE　ADMINISTRATION AND OPERATION OF INTERNATIONAL COMMUNICATIONS GATEWAYS

　　Article 17　Telecommunications service providers that establish International Communications Channel Gateways must strengthen their administration of international communications transmission channels and may not use international communications transmission channels to engage in illegal activities. If a telecommunications service provider discovers that a third party is using international communications transmission channels to engage in illegal activities， it shall assist the relevant authorities in taking measures to halt the same in a timely manner in accordance with relevant State provisions.

　　Article 18　Telecommunications service providers that have received approval to establish International Communications Channel Gateways are under obligation to provide international communications transmission channels to telecommunications service providers that have received approval to establish International Communicatio

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