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

try shall give it a warning; if the circumstances are serious, the Ministry of Information Industry shall revoke its qualifications for applying for network connection permits or will no longer accept its applications for network connection permits:

　　1. it

submits untruthful application materials when applying for a network connection permit;

　　2. it fails to ensure the consistency of its Telecommunications Equipment before and after obtaining a network connection permit therefor;

　　3. it fails to provide after-sales services or fails to perform its obligation in connection with products that the State requires to be covered by a repair, replacement and return warranty; or

　　4. it fails to file a record with the communications regulatory bureau of the province, autonomous region or municipality directly under the central government or to participate in annual inspections in accordance with regulations.

　　Article 33　If a telecommunications carrier violates these Procedures by preventing a subscriber from connecting his own Telecommunications Terminal Equipment for which a network connection permit has been obtained, the communications regulatory bureau of the province, autonomous region or municipality directly under the central government shall order it to rectify the matter, apologize to the telecommunications subscriber and compensate the telecommunications subscriber for his loss. If the telecommunications carrier refuses to rectify the matter or apologize or compensate the telecommunications subscriber for his loss, it shall be punished with a warning and a fine of not less than Rmb 10,000 and not more than Rmb 100,000. If the circumstances are serious, it shall be ordered to suspend operations and undergo rectification.

　　Article 34　If these Procedures are violated by subjecting Telecommunications Equipment for which a network connection permit has already been obtained to new testing and the issuance of a new certificate, the Ministry of Information Industry will issue an order for rectification of the matter.

　　Article 35　If a testing institution or product quality certification institution violates these Procedures by committing any of the acts set forth below, the Ministry of Information Industry will not recognize the test reports or certifications issued by it; if the circumstances are serious, the Ministry of Information Industry will revoke its authorization of the institution:

　　1. it engages in falsification and fabrication or practises fraud;

　　2. it disregards the prescribed standards when conducting testing or certification; or

　　3. it disregards Ministry of Information Industry regulations when issuing test reports or certificates.

　　Article 36　If a person engaged in work concerning network connection permits for Telecommunications Equipment, that is the acceptance of applications, testing, examination and approval or related work, abuses his authority, practises graft or uses his position to steal or disclose technical secrets of Producers, he shall be subjected to administrative punishment in accordance with the law. If a crime is constituted, his criminal liability shall be pursued in accordance with the law.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 37　The Ministry of Information Industry will formulate separate measures for the administration of the testing of the shock-proofing of Telecommunications Equipment connected to public telecommunications networks.

　　Article 38　Producers of Telecommunications Equipment not subject to the system of network connection permits may voluntarily apply for product certification to Telecommunications Equipment network connection certification institutions recognized by the State Council's product quality supervision department.

　　Article 39　These Procedures shall be implemented as of the date of promulgation. The Administration of Examination and Approval in Relation to Network Access by Telecommunication Equipment Procedures promulgated by the Ministry of Information Industry on 31 December 1998 are simultaneously repealed

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