广播电视管理条例 REGULATIONS ON BROADCASTING AND TELEVISION ADMINISTRATION

国务院令第228号
(Adopted at the 61st Executive Meeting of the State Council on August 1, 1997, and promulgated by Decree No. 228 of the State Council of the People's Republic of China on August 11, 1997)
颁布日期：19970811 　实施日期：19970901 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated for the purpose of enhancing broadcasting and television administration, developing the cause of broadcasting and television and promoting the building of socialist spiritual civilization and material civilization.

　　Article 2 These Regulations shall be applicable to such activities as the establishment of broadcasting stations and television stations and gathering and editing, making, broadcasting and transmitting broadcasting and television programmes within the territory of the People's Republic of China.

　　Article 3 The cause of broadcasting and television should adhere to the orientation of serving the people and socialism and persevere in correct media guidance.

　　Article 4 The State develops the cause of broadcasting and television. People's governments at or above the county level should integrate the cause of broadcasting and television into national socio-economic development plans and gradually increase input in the light of requirements and financial resources to improve the coverage of broadcasting and television.

　　The State supports the development of the cause of broadcasting and television in rural areas.

　　The State supports the nationalities autonomous areas and poor remote regions in the development of the cause of broadcasting and television.

　　Article 5 The department of broadcasting and television administration under the State Council shall be responsible for broadcasting and television administration across the country.

　　The departments or agencies in charge of broadcasting and television administration (hereinafter referred to as departments of broadcasting and television administration) of local people's governments at or above the county level shall be responsible for broadcasting and television administration within their respective administrative areas.

　　Article 6 National societies for the broadcasting and television trade shall practise self-disciplined management in accordance with their constitutions and conduct activities under the guidance of the department of broadcasting and television administration under the State Council.

　　Article 7 The State shall give rewards to units and individuals having made outstanding contributions to the development of the cause of broadcasting and television.

　　Chapter II Broadcasting Stations and Television Stations

　　Article 8 The department of broadcasting and television administration under the State Council shall be responsible for the formulation of the plan for the establishment of broadcasting stations and television stations nationwide and the determination of the aggregate, distribution and structure of broadcasting stations and television stations.

　　The broadcasting stations and television stations referred to in these Regulations mean agencies gathering and editing, making and broadcasting broadcasting and television programmes via cable or wireless mode.

　　Article 9 Establishment of a broadcasting station or television station should fulfil the following qualifications:

　　(1) having specialized personnel of broadcasting and television conforming to state provisions;

　　(2) having technical equipment of broadcasting and television conforming to state provisions;

　　(3) having necessary capital construction funds and stable fund guarantee; and

　　(4) having a necessary site.

　　In addition to compliance of the qualifications listed in the preceding paragraph, examination and approval of establishment of a broadcasting station or television station should

also conform to the state construction plan for broadcasting and television and the technological development plan.

　　Article 10 Broadcasting stations and television stations shall be established by departments of broadcasting and television administration of people's governments of counties and municipalities without subordinate districts and above, among which educational television stations may be established by departments of education administration of people's governments of municipalities with subordinate districts and autonomous prefectures and above. No other units or individuals shall establish broadcasting stations and television stations.

　　The State prohibits the establishment of foreign capital operated, Sino-foreign joint venture and Sino-foreign cooperative venture broadcasting stations and television stations.

　　Article 11 The central broadcasting station and television station shall be established by the department of broadcasting and television administration under the State Council. For the establishment of broadcasting stations and television stations by localities, applications shall be filed by the departments of broadcasting and television administration of people's governments of counties and municipalities without subordinate districts and above and upon the examination and consent of the people's governments at the same level, submitted level by level and preparations for construction may be undertaken only upon the examination and approval of the department of broadcasting and television administration under the State Council.

　　The central educational television station shall be established by the department of education administration under the State Council, subject to the examination and approval of the department of broadcasting and television administration under the State Council. For establishment of educational television stations by localities, applications shall be filed by the departments of education administration of local people's governments of municipalities with subordinate districts and autonomous prefectures and above, submitted level by level upon gaining the consent of the department of broadcasting and television administration at the same level and the examination and approval of the people's government at the same level, and preparations for construction may be undertaken only upon the examination and approval of the department of broadcasting and television administration under the State Council following the examination and verification of the department of education administration under the State Council.

　　Article 12 Engineering construction of broadcasting stations and television stations the preparations for construction of which have been approved should proceed in accordance with the construction procedures and technological standards for broadcasting and television prescribed by the State.

　　Licences for broadcasting station and television station shall be issued to those broadcasting stations and television stations the construction of which has been completed upon examination by the department of broadcasting and television administration under the State Council which finds them to conform to the qualifications. Broadcasting stations and television stations should make and broadcast programmes in accordance with such particulars as the station name, station sign, programme scope and set number of programmes specified in the licences.

　　Article 13 Changes in station names, station signs, programme scope or set number of programmes of broad casting stations and television stations shall be subject to the approval of the department of broadcasting and television administration under the State Council.

　　No broadcasting station or television station shall lease or transfer broadcasting time bands.

　　Article 14 Termination of a broadcasting station or television station shall be submitted in accord

ance with the original examination and approval procedures, and its licence shall be withdrawn by the department of broadcasting and television administration under the State Council.

　　A broadcasting station or television station which finds it necessary to suspend broadcasts owing to extraordinary circumstances should be subject to the consent of the department of broadcasting and television administration of the people's government at or above the provincial level; a broadcasting station or television station the continuous stoppage of broadcasting of which exceeds 30 days without approval shall be regarded as termination and shall go through the relevant formalities pursuant to the provisions of the preceding paragraph.

　　Article 15 The departments of broadcasting and television administration of people's governments at or above the county level of the localities shall be responsible for the examination and verification of the establishment of broadcasting and television stations by villages and townships therein, and the examination and approval of which shall be handled in accordance with the relevant provisions of the department of broadcasting and television administration under the State Council.

　　Examination and approval of establishment of cable broadcasting and television stations by organs, army units, societies, enterprises and institutions shall be handled pursuant to the relevant provisions of the State Council.

　　Article 16 No unit or individual shall forcibly enter broadcasting stations and television stations, or damage the installations of broadcasting stations and television stations, or endanger their secure broadcasts.

　　Chapter III Networks of Broadcasting and Television Transmission Coverage

　　Article 17 The department of broadcasting and telev

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