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电信设备进网管理办法 Administration of the Network Connection of Telecommunications Equipment Procedures

2009-03-24 法律英语 来源:互联网 作者:

信息产业部令第11号
(Promulgated by the Ministry of Information Industry on, and effective as of, 10 May 2001.)
颁布日期:20010510  实施日期:20010510  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 ensure the security of, and unimpeded communications on, public telecommunications networks, strengthen the administration of the connection of Telecommunications Equipment to networks and safeguard the lawful rights and interests of telecommunications subscribers and carriers.

  Article 2 For the purposes of these Procedures, the term "Telecommunications Equipment" means Telecommunications Terminal Equipment, Wireless Communications Equipment and Network Interconnection Equipment.

  The term "Telecommunications Terminal Equipment" means the Telecommunications Equipment that is connected to the end of a public telecommunications network and that provides subscribers the capability to transmit and receive information.

  The term "Wireless Communications Equipment" means Telecommunications Equipment that is connected to a public telecommunications network and that permits communications wirelessly.

  The term "Network Interconnection Equipment" means Telecommunications Equipment that permits interconnection and mutual communication between the networks of different telecommunications carriers or between networks that provide different telecommunications services.

  Article 3 The State subjects Telecommunications Terminal Equipment, Wireless Communications Equipment and Network Interconnection Equipment that are to be connected to public telecommunications networks to a system of network connection permits.

  A network connection permit issued by the Ministry of Information Industry must be obtained for Telecommunications Equipment subject to the system of network connection permits. If a network connection permit has not been obtained for such equipment, it may not be connected to a public telecommunications network and may not be used or sold domestically.

  Article 4 The list of Telecommunications Equipment subject to the system of network connection permits will be formulated and issued by the Ministry of Information Industry in concert with the product quality supervision department of the State Council.

  Article 5 Producers of Telecommunications Equipment (Producers) that apply for network connection permits for their Telecommunications Equipment must comply with State laws, regulations and policies. Telecommunications Equipment for which a network connection permit is applied must comply with State standards, communications industry standards and the regulations of the Ministry of Information Industry. Producers shall have a comprehensive quality assurance system and comprehensive after-sales service capabilities.

  Article 6 When a Producer applies for a Telecommunications Equipment network connection permit, it shall include a test report issued by a testing institution, or a product quality certificate issued by a certification institute, recognized by the State Council's product quality supervision department and authorized by the Ministry of Information Industry.

  A testing institute's bases and procedures for testing Telecommunications Equipment for which a network connection permit is applied and the test reports issued therefor shall comply with the regulations of the State or the Ministry of Information Industry.

  Article 7 The Telecommunications Regulatory Bureau of the Ministry of Information Industry is responsible for the specific administration, supervision and examination work related to the network connection of Telecommunications Equipment nationwide.

  The communications regulatory bureaux of the provinces, autonomous regions and municipalities directly under the central governme

nt are responsible for the administration, supervision and examination work related to the network connection of Telecommunications Equipment in their respective administrative territories.

  The handling institutions authorized by the Ministry of Information Industry shall be responsible for the specific matters connected with the acceptance of applications for Telecommunications Equipment network connection permits.

  PART TWO NETWORK CONNECTION PERMIT PROCEDURES

  Article 8 When a Producer applies for a Telecommunications Equipment network connection permit, it shall submit to the handling institution authorized by the Ministry of Information Industry the following application materials:

  1. An application for a Telecommunications Equipment network connection permit (see attachment). The Producer's legal representative or a person authorized by him shall sign and affix the Producer's official seal to the application. Foreign Producers shall engage a domestic agency to submit the application on their behalves and provide the agency with a power of attorney.

  2. Enterprise legal person business licence. A domestic Producer shall submit its enterprise legal person business licence. An agency that is engaged by a foreign Producer to apply for a Telecommunications Equipment network connection permit on its behalf shall submit the Agency's valid licence.

  3. An introduction to the enterprise including an overview of the enterprise, production conditions, instruments and equipment, quality assurance system and after-sales service capabilities, etc. For products that the State requires to be covered by a repair, replacement and return warranty, a document concerning the performance of the relevant responsibilities shall be submitted as well.

  4. Quality system certification or examination report. Producers that have obtained quality system certification shall submit their certification whereas Producers that have not obtained quality system certification shall submit quality system examination reports prepared by quality system examination institutions authorized by the Ministry of Information Industry.

  5. An introduction to the Telecommunications Equipment including the equipment's functions, performance indicators, schematic diagram, photographs of the internal and external designs and user manual, etc.

  6. A test report or product certification. The test report or product certification shall respectively have been issued by a testing institution or a certification institution recognized by the State Council's product quality supervision department and authorized by the Ministry of Information Industry.

  A Wireless Transmission Equipment Model Approval Certificate issued by the Ministry of Information Industry shall be submitted with network connection permit applications for wireless transmission equipment.

  A comprehensive technical scheme and test report shall be submitted for Wireless Communications Equipment, Network Interconnection Equipment and new products.

  When submitting certificates and licences as part of the above-mentioned application materials, either the original and one photocopy or a photocopy bearing the certification seal of the certificate issuing authority shall be submitted. The other materials must be in Chinese.

  Article 9 The Telecommunications Regulatory Bureau of the Ministry of Information Industry shall examine the application materials submitted by a Producer within 60 days of the date of receipt of the complete set of application materials by the handling institution. The Telecommunications Regulatory Bureau of the Ministry of Information Industry shall issue a network connection permit and a network connection permission mark to Producers whose applications are found to meet requirements after examination. The said Bureau shall give a written reply to Producers whose applications are

found not to meet requirements.

  Article 10 Producers that have obtained quality system certification shall themselves select the prescribed quantity of samples to be submitted for testing to the testing institution.

  The samples to be submitted for testing to a testing institution by a Producer that has not obtained quality system certification shall be handled by the communications regulatory bureau of the province, autonomous region or municipality directly under the central government in accordance with the sampling measures of the Ministry of Information Industry, and the communications regulatory bureau of the province, autonomous region or municipality directly under the central government shall arrange for the Producer's quality system to be examined by a quality system examination institution authorized by the Ministry of Information Industry.

  Article 11 Wireless Communications Equipment, Network Interconnection Equipment and new products for which a network connection permit application is made shall be tested for a minimum of three months on a domestic telecommunications network, or a simulated test network designated by the Ministry of Information Industry, and the testing unit shall issue a test report thereon.

  The Communications Regulatory Bureau of the Ministry of Information Industry shall arrange for experts to evaluate the comprehensive technical schemes, test reports, etc. for Telecommunications Equipment mentioned in the preceding paragraph. Network connection permits shall be issued for equipment that is found to meet requirements after examinations based on the evaluation opinions of the experts.

  Article 12 If a Producer modifies the technology or external form of Telecommunications Equipment for which it has obtained a network connection permit, it mus

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