(1990年4月9日国务院批准 根据2018年9月18日《国务院关于修改部分行政法规的决定》修订)
(Approved by the State Council on April 9, 1990; revised in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on September 18, 2018)
为了加强对卫星地面接收设施接收外国卫星传送的电视节目的管理,保障对外经济、科技和文化交流,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 the reception of television programs transmitted by foreign satellites via satellite ground receiving facilities, to safeguard foreign economic, scientific, technological and cultural exchanges, and to promote the construction of socialist material civilization and spiritual civilization.
本办法所称卫星地面接收设施接收外国卫星传送的电视节目,是指单位利用已有的卫星地面接收设施或者设置专门的卫星地面接收设施接收与本单位业务工作有直接关系的外国卫星传送的电视节目。
For the purposes of these Measures, the reception of television programs transmitted by foreign satellites via satellite ground receiving facilities refers to the reception by entities of television programs transmitted by foreign satellites that are directly related to their business work, using existing satellite ground receiving facilities or installing dedicated satellite ground receiving facilities.
国务院广播电视行政管理部门负责全国卫星地面接收设施接收外国卫星传送的电视节目的管理工作。
The administrative department of radio and television under the State Council shall be responsible for the administration of the reception of television programs transmitted by foreign satellites via satellite ground receiving facilities nationwide.
省、自治区、直辖市人民政府广播电视行政管理部门负责本行政区内卫星地面接收设施接收外国卫星传送的电视节目的管理工作。
The administrative departments of radio and television of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the administration of the reception of television programs transmitted by foreign satellites via satellite ground receiving facilities within their respective administrative regions.
教育、科研、新闻、金融、经贸以及其他确因业务工作需要的单位,可以按照本办法的规定,申请利用已有的卫星地面接收设施或者设置专门的卫星地面接收设施接收外国卫星传送的电视节目。
Entities in education, scientific research, news, finance, economy and trade, and other entities that indeed need such reception for their business work may, in accordance with the provisions of these Measures, apply to use existing satellite ground receiving facilities or install dedicated satellite ground receiving facilities to receive television programs transmitted by foreign satellites.
常住外国人的涉外宾馆(饭店)、公寓确需提供国际金融、商情等经济信息服务的,可以按照本办法的规定,申请设置专门接收外国卫星传送的电视节目的卫星地面接收设施。
Foreign-related hotels (guesthouses) and apartment buildings where foreign nationals reside permanently, if they indeed need to provide economic information services such as international finance and business information, may, in accordance with the provisions of these Measures, apply to install satellite ground receiving facilities dedicated to receiving television programs transmitted by foreign satellites.
接收外国卫星传送的电视节目的卫星地面接收设施,由广播电视行政管理部门组织提供安装和维修服务。
The installation and maintenance services for satellite ground receiving facilities that receive television programs transmitted by foreign satellites shall be provided by the administrative departments of radio and television.
申请利用已有的卫星地面接收设施或者申请设置专门的卫星地面接收设施接收外国卫星传送的电视节目,应当具备下列条件:
To apply for using existing satellite ground receiving facilities or installing dedicated satellite ground receiving facilities to receive television programs transmitted by foreign satellites, the following conditions must be met:
(一)本单位的业务工作确有接收外国卫星传送的电视节目的必要;
(1) The entity's business work indeed requires the reception of television programs transmitted by foreign satellites;
(二)有确定的接收方位、接收内容和收视对象范围;
(2) There is a defined reception direction, reception content, and scope of viewers;
(三)有符合国家标准的技术设备;
(3) There are technical equipment that meets national standards;
(四)有合格的专职管理人员;
(4) There are qualified full-time management personnel;
(五)有健全的管理制度。
(5) There is a sound management system.
利用已有的或者设置专门的卫星地面接收设施接收外国卫星传送的电视节目的单位,应当向省级以上主管部门提出书面申请,经审查同意的,由申请单位报所在省、自治区、直辖市人民政府广播电视行政管理部门审批。省、自治区、直辖市人民政府广播电视行政管理部门批准的,发给《卫星地面接收设施接收外国卫星传送的电视节目许可证》(以下简称《许可证》),并由审批机关报国务院广播电视行政管理部门、公安部门、国家安全部门备案。
Entities that use existing or install dedicated satellite ground receiving facilities to receive television programs transmitted by foreign satellites shall submit a written application to the competent department at or above the provincial level. Upon examination and approval, the applying entity shall submit the application to the administrative department of radio and television of the people's government of the province, autonomous region, or municipality directly under the Central Government for approval. If approved by the administrative department of radio and television of the people's government of the province, autonomous region, or municipality directly under the Central Government, a License for the Reception of Television Programs Transmitted by Foreign Satellites via Satellite Ground Receiving Facilities (hereinafter referred to as the License) shall be issued, and the approving authority shall report to the administrative department of radio and television under the State Council, the public security department, and the national security department for record.
已有卫星地面接收设施的单位,未持有《许可证》的,不得接收外国卫星传送的电视节目;其他单位,未持有《许可证》的,不得设置卫星地面接收设施接收外国卫星传送的电视节目。
Entities that already have satellite ground receiving facilities but do not hold a License shall not receive television programs transmitted by foreign satellites; other entities that do not hold a License shall not install satellite ground receiving facilities to receive television programs transmitted by foreign satellites.
持有《许可证》的单位,必须严格按照《许可证》载明的接收外国卫星传送的电视节目的接收目的、接收内容、接收方位、接收方式和收视对象的范围等要求,接收和使用外国电视节目。
Entities holding a License must strictly receive and use foreign television programs in accordance with the requirements specified in the License, including the purpose of reception, content of reception, reception direction, reception method, and scope of viewers.
《许可证》不得涂改或者转让。因业务工作发生变化需要改变《许可证》规定的内容或者不再接收外国卫星传送的电视节目的,应当及时报请审批机关换发或者注销《许可证》,由审批机关按照本办法第六条的规定,报有关机关备案。
The License shall not be altered or transferred. If the business work changes and the content specified in the License needs to be modified or the reception of television programs transmitted by foreign satellites is no longer needed, the entity shall promptly report to the approving authority for a replacement or cancellation of the License, and the approving authority shall report to the relevant authorities for record in accordance with Article 6 of these Measures.
持有《许可证》的单位,接收外国卫星传送的电视节目,只允许在本单位业务工作中使用。除本单位领导批准外,一律不得录制。严禁将所接收的外国卫星传送的电视节目在国内电视台、有线电视台、录像放映点播放或者以其他方式进行传播。
Entities holding a License may only use the received television programs transmitted by foreign satellites in their own business work. Unless approved by the entity's leadership, recording is prohibited. It is strictly forbidden to broadcast or otherwise disseminate the received television programs transmitted by foreign satellites on domestic television stations, cable television stations, video projection venues, or by other means.
经批准录制的音像资料目录,必须定期报所在地的广播电视行政管理部门、公安机关、国家安全机关备案。
A catalog of audio and video materials recorded with approval must be regularly reported to the local administrative department of radio and television, public security authority, and national security authority for record.
录制的音像资料必须指定专人严格保管。
Recorded audio and video materials must be kept under strict custody by designated personnel.
广播电视行政管理部门、公安机关、国家安全机关负责监督检查卫星地面接收设施接收外国卫星传送的电视节目的管理工作,对违反本办法接收、录制、传播外国卫星传送的电视节目的行为有权予以制止。
The administrative departments of radio and television, public security authorities, and national security authorities shall be responsible for supervising and inspecting the administration of the reception of television programs transmitted by foreign satellites via satellite ground receiving facilities, and have the right to stop any acts of receiving, recording, or disseminating television programs transmitted by foreign satellites in violation of these Measures.
违反本办法第八条、第九条规定的单位,由省、自治区、直辖市人民政府广播电视行政管理部门会同公安机关、国家安全机关视情节轻重,给予警告、二万元以下的罚款、直至吊销《许可证》的处罚。吊销《许可证》的,可以同时没收其使用的卫星地面接收设施。对单位的直接负责的主管人员和其他直接责任人员,省、自治区、直辖市人民政府广播电视行政管理部门、公安机关、国家安全机关可以建议其主管部门给予行政处分;情节严重构成犯罪的,由司法机关依法追究刑事责任。
For entities that violate the provisions of Articles 8 and 9 of these Measures, the administrative department of radio and television of the people's government of the province, autonomous region, or municipality directly under the Central Government shall, together with the public security authority and the national security authority, depending on the severity of the circumstances, impose a warning, a fine of not more than 20,000 yuan, or even revoke the License. If the License is revoked, the satellite ground receiving facilities used may also be confiscated. For the directly responsible person in charge and other directly responsible personnel of the entity, the administrative department of radio and television of the people's government of the province, autonomous region, or municipality directly under the Central Government, the public security authority, and the national security authority may recommend that their competent department impose administrative sanctions; if the circumstances are serious enough to constitute a crime, the judicial authorities shall pursue criminal liability in accordance with the law.
违反本办法第七条的规定,未持有《许可证》而擅自设置卫星地面接收设施或者接收外国卫星传送的电视节目的单位,省、自治区、直辖市人民政府广播电视行政管理部门会同公安机关、国家安全机关可以没收其卫星地面接收设施,并处以五万元以下的罚款。对单位的直接负责的主管人员和其他直接责任人员可以建议其主管部门给予行政处分;有私自录制、传播行为,情节严重构成犯罪的,由司法机关依法追究刑事责任。
For entities that violate the provisions of Article 7 of these Measures by installing satellite ground receiving facilities or receiving television programs transmitted by foreign satellites without holding a License, the administrative department of radio and television of the people's government of the province, autonomous region, or municipality directly under the Central Government shall, together with the public security authority and the national security authority, confiscate their satellite ground receiving facilities and impose a fine of not more than 50,000 yuan. For the directly responsible person in charge and other directly responsible personnel of the entity, administrative sanctions may be recommended to their competent department; if there are acts of unauthorized recording or dissemination, and the circumstances are serious enough to constitute a crime, the judicial authorities shall pursue criminal liability in accordance with the law.
当事人对罚款或者吊销《许可证》的处罚不服的,可以在收到处罚决定书之日起十五日内,向同级人民政府申请复议,也可以向人民法院起诉;对行政复议不服的,可以在收到复议决定书之日起十五日内向人民法院起诉。逾期不申请复议或者不起诉的,吊销许可证的处罚生效;逾期不申请复议或者不起诉又不交纳罚款的,罚款的处罚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 penalty of a fine or revocation of the License, it may, within 15 days from the date of receipt of the penalty decision, apply for reconsideration to the people's government at the same level, or file a lawsuit with the people's court; if dissatisfied with the reconsideration decision, it may file a lawsuit with the people's court within 15 days from the date of receipt of the reconsideration decision. If no application for reconsideration or lawsuit is filed within the time limit, the penalty of revocation of the License shall take effect; if no application for reconsideration or lawsuit is filed and the fine is not paid within the time limit, the penalty of the fine shall be enforced by the people's court upon application by the authority that made the penalty decision.
军队以及公安机关、国家安全机关因国防、公安和国家安全工作需要利用已有的或者专门设置的卫星地面接收设施接收外国卫星传送的电视节目,由军队有关部门、国务院公安部门、国务院国家安全部门分别制定措施进行管理。
For the military, public security organs, and state security organs that need to use existing or specially installed satellite ground receiving facilities to receive television programs transmitted by foreign satellites for national defense, public security, and national security work, the relevant military departments, the State Council's public security department, and the State Council's state security department shall respectively formulate measures for management.
外国驻华使(领)馆,以及其他享有外交特权与豁免的机构设置卫星地面接收设施接收外国卫星传送的电视节目,通过外交途径办理。
Foreign embassies and consulates in China, as well as other institutions enjoying diplomatic privileges and immunities, shall handle the installation of satellite ground receiving facilities to receive television programs transmitted by foreign satellites through diplomatic channels.
本办法由国务院广播电视行政管理部门解释。
These Measures shall be interpreted by the administrative department of radio and television under the State Council.
本办法自发布之日起施行。
These Measures shall come into force as of the date of promulgation.