中华人民共和国电信条例 PRC, Telecommunications Regulations

quipment network connection permit, or by fraudulently using a third party's telecommunications service operating permit or telecommunications equipment network connection permit, or by fabricating the network connection permit code marked on telecommunications equipment, the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall ex officio confiscate the illegal income and impose a fine of not less than three times and not more than five times the illegal income; if there is no illegal income or if the illegal income is less than Rmb 10,000, it shall impose a fine of not less than Rmb 10,000 and not more than Rmb 100,000.

　　Article 70　If these Regulations are violated by the commission of any of the acts set forth below, the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall ex officio order rectification of the matter, confiscate the illegal income and impose a fine of not less than three times and not more than five times the illegal income; if there is no illegal income or if the illegal income is less than Rmb 50,000, it shall impose a fine of not less than Rmb 100,000 and not more than Rmb 1,000,000; if the case is serious, it shall order the perpetrator to suspend operations and undergo rectification:

　　1. operating telecommunications business without authorization or beyond one's scope of business, in violation of the third paragraph of Article 7 hereof or by commission of an act specified in Item (1) of Article 59 hereof;

　　2. establishing an international communications gateway and operating international communications without the approval of the State Council's department in charge of the information industry;

　　3. using, assigning or leasing telecommunications resources, or changing the purpose for which the telecommunications resources are used, without authorization;

　　4. severing a network interconnection, or discontinuing access services, without authorization; or

　　5. refusing to perform obligations in respect of making services universally available.

　　Article 71　If these Regulations are violated by the commission of any of the acts set forth below, the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall ex officio order rectificati

on of the matter, confiscate the illegal income and impose a fine of not less than one time and not more than three times the illegal income; if there is no illegal income or if the illegal income is less than Rmb 10,000, it shall impose a fine of not less than Rmb 10,000 and not more than Rmb 100,000; if the case is serious, it shall order the perpetrator to suspend operations and undergo rectification:

　　1. violating regulations by charging additional fees in the course of telecommunications network interconnection;

　　2. failing to take effective measures to eliminate a malfunction arising in the technology for communications between networks;

　　3. providing, without authorization, to a third party the content of information transmitted through a telecommunications network by telecommunications subscribers; or

　　4. refusing to pay fees for the use of telecommunications resources in accordance with regulations.

　　Article 72　If the provisions of Article 42 hereof are violated by competing unfairly in the course of engaging in telecommunications business, the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall ex officio order rectification of the matter and impose a fine of not less than Rmb 100,000 and not more than Rmb 1,000,000; if the case is serious, it shall order the perpetrator to suspend operations and undergo rectification.

　　Article 73　If these Regulations are violated by the commission of any of the acts set forth below, the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall ex officio order rectification of the matter and impose a fine of not less than Rmb 50,000 and not more than Rmb 500,000; if the case is serious, it shall order the perpetrator to suspend operations and undergo rectification:

　　1. refusing requests from other telecommunication business operators for interconnection;

　　2. refusing to implement the decision on interconnection rendered in accordance with the law by the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government; or

　　3. providing to other telecommunications business operators services through network interconnection that are inferior in quality to those on the telecommunications business operator's own network or to those it provides to its subsidiaries or branches.

　　Article 74　If a telecommunications business operator violates the provisions of the first paragraph of Article 34 or the second paragraph of Article 40 hereof by refusing to provide to a telecommunications subscriber a list of charges for domestic long-distance communications, international communications, mobile communications and information services free of charge or refuses to provide to a telecommunications subscriber free of charge with the basis on which the local telephone charges are billed when such subscriber has an objection to his local telephone charges and requests to be informed of such basis, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order it to rectify the matter and apologize to the telecommunications subscriber. If the telecommunications business operator refuses to rectify the matter and apologize to the telecommunications subscriber, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall punish it with a warning and a fine of not less than Rmb 5,000 and not more than Rmb 50,00

0.

　　Article 75　If a telecommunications business operator violates the provisions of Article 41 hereof, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order it to rectify the matter, apologize to the telecommunications subscribers and compensate such subscribers for their losses. If the telecommunications business operator refuses to rectify the matter, apologize to the telecommunications subscribers and compensate such subscribers for their losses, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall punish it with a warning and a fine of not less than Rmb 10,000 and not more than Rmb 100,000. If the case is serious, it shall order the telecommunications business operator to suspend operations and undergo rectification.

　　Article 76　If these Regulations are violated by the commission of any of the acts set forth below, the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall order rectification of the matter and impose a fine of not less than Rmb 10,000 and not more than Rmb 100,000:

　　1. selling telecommunications terminal equipment for which no network connection permit has been obtained;

　　2. unlawfully preventing or hindering a telecommunications business operator from providing public telecommunications services to telecommunications subscribers; or

　　3. modifying or moving a third party's telecommunications circuits or other telecommunications facilities without authorization.

　　Article 77　If these Regulations are violated by lowering the quality or performance of products after a telecommunications equipment network connection permit has been obtained therefor, the product quality supervision authority shall impose punishment in accordance with the relevant laws and administrative regulations.

　　Article 78　If any of the prohibited acts specified in Article 57, Article 58 and Article 59 hereof is carried out and the case is serious, the original authority that issued the perpetrator's telecommunications business permit shall revoke the same.

　　After the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government has revoked a telecommunications business permit, it shall notify the enterprise's registration authority thereof.

　　Article 79　If an employee of the State Council's department in charge of the information industry or the telecommunications administration authority of a province, autonomous region or municipality directly under the central government is derelict in his duties, abuses his authority or practises graft and such act constitutes a criminal offence, his criminal liability shall be pursued; if such act is insufficient to constitute a criminal offence, he shall be subjected to administrative sanctions.

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