(1990年11月16日广播电影电视部令第2号发布 根据2011年1月8日《国务院关于废止和修改部分行政法规的决定》第一次修订 根据2018年9月18日《国务院关于修改部分行政法规的决定》第二次修订)
(Promulgated by Order No. 2 of the Ministry of Radio, Film and Television on November 16, 1990; first revised in accordance with the Decision of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011; second revised in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on September 18, 2018)
为了加强有线电视的管理,宣传国家的法律和方针政策,传播科学文化知识,丰富人民的精神生活,促进社会主义物质文明和精神文明建设,制定本办法。
These Measures are formulated to strengthen the administration of cable television, publicize the laws and policies of the state, disseminate scientific and cultural knowledge, enrich the spiritual life of the people, and promote the construction of socialist material civilization and spiritual civilization.
本办法所称的有线电视,是指下列利用电缆或者光缆传送电视节目的公共电视传输系统:
For the purposes of these Measures, cable television refers to the following public television transmission systems that use cables or optical fibers to transmit television programs:
(一)接收、传送无线电视节目,播放自制电视节目和录像片的有线电视台;
(1) Cable television stations that receive and transmit wireless television programs, and broadcast self-produced television programs and video tapes;
(二)接收、传送无线电视节目,播放录像片的有线电视站;
(2) Cable television relay stations that receive and transmit wireless television programs, and broadcast video tapes;
(三)接收、传送无线电视节目的共用天线系统。
(3) Community antenna systems that receive and transmit wireless television programs.
国务院广播电视行政管理部门负责全国有线电视管理工作和有线电视事业发展规划。
The administrative department for radio and television under the State Council shall be responsible for the nationwide administration of cable television and the development planning of cable television undertakings.
省、自治区、直辖市广播电视行政管理部门负责本行政区域内的有线电视管理工作和有线电视事业发展规划。
The administrative departments for radio and television of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the administration of cable television and the development planning of cable television undertakings within their respective administrative regions.
机关、部队、团体、企业事业单位,符合下列条件的,可以申请开办有线电视台:
State organs, military units, organizations, enterprises, and institutions that meet the following conditions may apply to establish a cable television station:
(一)符合当地电视覆盖网络的整体规划要求;
(1) Complying with the overall planning requirements of the local television coverage network;
(二)有专门的管理机构,专职的采访、编辑、制作、摄像、播音、传输以及技术维修人员;
(2) Having a specialized management institution and full-time personnel for interviewing, editing, producing, filming, broadcasting, transmission, and technical maintenance;
(三)有可靠的经费来源;
(3) Having a reliable source of funding;
(四)有省级以上广播电视行政管理部门根据国家有关技术标准认定合格的摄像、编辑、播音设备;
(4) Having filming, editing, and broadcasting equipment that has been certified as qualified by the administrative department for radio and television at or above the provincial level in accordance with relevant national technical standards;
(五)有固定的节目制作场所;
(5) Having a fixed program production site;
(六)有省级以上广播电视行政管理部门根据国家有关技术标准认定合格的传输设备;
(6) Having transmission equipment that has been certified as qualified by the administrative department for radio and television at or above the provincial level in accordance with relevant national technical standards;
(七)有固定的播映场所。
(7) Having a fixed broadcasting venue.
具备前款第(一)项、第(三)项、第(六)项和第(七)项规定条件的,可以申请开办有线电视站。
Entities that meet the conditions specified in items (1), (3), (6), and (7) of the preceding paragraph may apply to establish a cable television relay station.
禁止利用有线电视站播放自制电视节目。
It is prohibited to use a cable television relay station to broadcast self-produced television programs.
个人不得申请开办有线电视台、有线电视站。
Individuals shall not apply to establish a cable television station or a cable television relay station.
单位或者个人设置共用天线系统,必须健全管理措施或者配备管理人员,必须使用省级以上广播电视行政管理部门根据国家有关技术标准认定合格的传输设备。
Any unit or individual that sets up a community antenna system must establish management measures or assign management personnel, and must use transmission equipment that has been certified as qualified by the administrative department for radio and television at or above the provincial level in accordance with relevant national technical standards.
禁止利用共用天线系统播放自制电视节目和录像片。
It is prohibited to use a community antenna system to broadcast self-produced television programs or video tapes.
开办有线电视台,必须经省级广播电视行政管理部门初步审查同意后,报国务院广播电视行政管理部门批准,由国务院广播电视行政管理部门发给《有线电视台许可证》。
To establish a cable television station, it must first be preliminarily examined and approved by the provincial administrative department for radio and television, then reported to the administrative department for radio and television under the State Council for approval, and the administrative department for radio and television under the State Council shall issue the "Cable Television Station License."
开办有线电视站,必须经县级广播电视行政管理部门初步审查同意后,报省级广播电视行政管理部门批准,由省级广播电视行政管理部门发给《有线电视站许可证》。
To establish a cable television relay station, it must first be preliminarily examined and approved by the county-level administrative department for radio and television, then reported to the provincial administrative department for radio and television for approval, and the provincial administrative department for radio and television shall issue the "Cable Television Relay Station License."
设置共用天线系统,由设置共用天线系统的单位或者个人向县级广播电视行政管理部门备案。
The establishment of a community antenna system shall be filed with the county-level administrative department for radio and television by the unit or individual setting up the system.
工程设计、安装单位承担有线电视台的工程设计、安装任务的,必须经省级广播电视行政管理部门批准,由省级广播电视行政管理部门发给《有线电视台设计(安装)许可证》。
Engineering design and installation units that undertake the design and installation tasks of a cable television station must be approved by the provincial administrative department for radio and television, and the provincial administrative department for radio and television shall issue the "Cable Television Station Design (Installation) License."
工程设计、安装单位承担有线电视站、共用天线系统的设计、安装任务的,必须经县级广播电视行政管理部门批准,由县级广播电视行政管理部门发给《有线电视站、共用天线系统设计(安装)许可证》。
Engineering design and installation units undertaking the design and installation of cable television stations and shared antenna systems must be approved by the county-level radio and television administrative department, which shall issue the 'Cable Television Station and Shared Antenna System Design (Installation) Permit'.
有线电视台、有线电视站工程竣工后,由省级广播电视行政管理部门组织或者委托有关单位验收。未经验收或者验收不合格的,不得投入使用。
After the completion of a cable television station or cable television substation project, the provincial radio and television administrative department shall organize or entrust relevant units to conduct acceptance inspection. No project that has not been inspected or has failed inspection may be put into use.
有线电视台、有线电视站播映的电视节目必须符合有关法律、法规和国家有关部门关于电视节目和录像制品的规定。严禁播映反动、淫秽以及妨碍国家安全和社会安定的自制电视节目或者录像片。
The television programs broadcast by cable television stations and cable television substations must comply with relevant laws, regulations, and provisions of relevant state departments concerning television programs and video recordings. It is strictly prohibited to broadcast self-produced television programs or video recordings that are reactionary, obscene, or detrimental to national security and social stability.
有线电视台、有线电视站必须完整地直接接收、传送中央电视台和地方电视台的新闻和其他重要节目。
Cable television stations and cable television substations must directly receive and transmit the news and other important programs of China Central Television and local television stations in their entirety.
开办有线电视台、有线电视站的单位应当建立健全设备、片目、播映等管理制度,必须按月编制播映的节目单,经开办单位主管领导审核后,报县级广播电视行政管理部门备案。
Units that establish cable television stations or cable television substations shall establish and improve management systems for equipment, program catalogs, and broadcasting. They must compile monthly broadcast program schedules, which shall be submitted to the county-level radio and television administrative department for record after being reviewed by the responsible leader of the establishing unit.
已开办的有线电视台、有线电视站,因条件发生变化,不再继续开办的,应当在1个月内向审批机关报告,由审批机关注销。
If an established cable television station or cable television substation ceases operation due to changed conditions, it shall report to the approving authority within one month, and the approving authority shall cancel the registration.
行政区域性的有线电视台、有线电视站,由当地广播电视行政管理部门根据国务院广播电视行政管理部门的有关规定开办。
Administrative regional cable television stations and cable television substations shall be established by the local radio and television administrative department in accordance with the relevant provisions of the State Council's radio and television administrative department.
学校开办用于教学目的的有线电视,由有关教育行政管理部门参照本办法的规定审批、管理,并由审批机关抄学校所在地的县级以上广播电视行政管理部门备案。
Cable television established by schools for teaching purposes shall be approved and managed by the relevant education administrative department with reference to these Provisions, and the approving authority shall send a copy to the county-level or above radio and television administrative department where the school is located for record.
县级以上地方各级广播电视行政管理部门负责对当地有线电视设施和有线电视播映活动进行监督检查,对违反本办法的行为,视情节轻重,给予相应的行政处罚:
The radio and television administrative departments at or above the county level shall be responsible for supervising and inspecting local cable television facilities and cable television broadcasting activities, and shall impose corresponding administrative penalties depending on the severity of violations of these Provisions:
(一)对违反本办法第八条、第九条、第十条或者第十一条的规定的有线电视台、有线电视站,可以处以警告、2万元以下的罚款或者吊销许可证,并可以建议直接责任人所在单位对其给予行政处分;
(1) For cable television stations or cable television substations that violate the provisions of Articles 8, 9, 10, or 11, a warning, a fine of not more than 20,000 yuan, or revocation of the license may be imposed, and it may be recommended that the unit to which the directly responsible person belongs impose administrative sanctions;
(二)对违反本办法第六条的规定未获得许可证私自开办有线电视台、有线电视站,违反本办法第四条的规定私自利用有线电视站播映自制电视节目以及违反本办法第五条的规定私自利用共用天线系统播映自制电视节目或者录像片的,可以处以警告、2万元以下的罚款,并可以同时没收其播映设备;
(2) For those who, in violation of Article 6, privately establish a cable television station or cable television substation without obtaining a license, or in violation of Article 4, privately use a cable television substation to broadcast self-produced television programs, or in violation of Article 5, privately use a shared antenna system to broadcast self-produced television programs or video recordings, a warning, a fine of not more than 20,000 yuan may be imposed, and their broadcasting equipment may also be confiscated;
(三)对违反本办法第七条的规定未获有线电视台或者有线电视站、共用天线系统设计(安装)许可证,私自承揽有线电视台、有线电视站或者共用天线系统设计、安装任务的,除责令其停止非法业务活动外,可以处以1万元以下的罚款。
(3) For those who, in violation of Article 7, privately undertake the design or installation of a cable television station, cable television substation, or shared antenna system without obtaining the corresponding design (installation) permit, in addition to ordering the cessation of illegal business activities, a fine of not more than 10,000 yuan may be imposed.
当事人对广播电视行政管理部门的行政处罚决定不服的,可以在收到处罚决定书之日起15日内,向作出行政处罚决定的机关的上一级机关申请复议。上一级广播电视行政管理部门应当在收到复议申请之日起1个月内作出复议决定。当事人对复议决定不服的,可以在接到复议决定之日起15日内向人民法院提起诉讼。当事人在规定的期限内不申请复议、也不向人民法院提起诉讼、又不履行处罚决定的,由作出处罚决定的机关申请人民法院强制执行。
If a party disagrees with the administrative penalty decision of the radio and television administrative department, they may apply for reconsideration to the authority at the next higher level within 15 days of receiving the penalty decision. The higher-level radio and television administrative department shall make a reconsideration decision within one month of receiving the reconsideration application. If the party disagrees with the reconsideration decision, they may file a lawsuit with the People's Court within 15 days of receiving the reconsideration decision. If the party neither applies for reconsideration nor files a lawsuit within the prescribed period nor complies with the penalty decision, the authority that made the penalty decision shall apply to the People's Court for compulsory enforcement.
对违反本办法,构成违反治安管理的行为,由公安机关依照《中华人民共和国治安管理处罚法》的规定予以处罚;情节严重构成犯罪的,由司法机关依法追究刑事责任。
For violations of these Provisions that constitute acts against public security, the public security organs shall impose penalties in accordance with the 'Law of the People's Republic of China on Public Security Administration Punishments'; if the circumstances are serious enough to constitute a crime, the judicial authorities shall pursue criminal liability according to law.
用于国防、公安、国家安全业务的有线电视系统由中国人民解放军有关部门、公安部、国家安全部分别管理。
Cable television systems used for national defense, public security, and national security operations shall be managed separately by the relevant departments of the People's Liberation Army, the Ministry of Public Security, and the Ministry of State Security.
本办法由国务院广播电视行政管理部门负责解释。
These Provisions shall be interpreted by the radio and television administrative department of the State Council.
本办法自发布之日起施行。
These Provisions shall come into effect as of the date of promulgation.