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Regulations on Broadcasting and Television (2013 Revision) [Revised]
广播电视管理条例(2013修订) [已被修订]
【法宝引证码】

Regulations on Broadcasting and Television 

广播电视管理条例

(Promulgated as the Order No. 228 of the State Council of the People's Republic of China on August 11, 1997; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013) (1997年8月11日中华人民共和国国务院令第228号公布 根据2013年12月7日《国务院关于修改部分行政法规的决定》》修订)

Chapter I General Provisions 

第一章 总  则

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.   第一条 为了加强广播电视管理,发展广播电视事业,促进社会主义精神文明和物质文明建设,制定本条例。
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.   第二条 本条例适用于在中华人民共和国境内设立广播电台、电视台和采编、制作、播放、传输广播电视节目等活动。
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.   第三条 广播电视事业应当坚持为人民服务、为社会主义服务的方向,坚持正确的舆论导向。
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.   第四条 国家发展广播电视事业。县级以上人民政府应当将广播电视事业纳入国民经济和社会发展规划,并根据需要和财力逐步增加投入,提高广播电视覆盖率。
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. 国家支持农村广播电视事业的发展。
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. 国家扶持民族自治地方和边远贫困地区发展广播电视事业。
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.   第五条 国务院广播电视行政部门负责全国的广播电视管理工作。
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. 县级以上地方人民政府负责广播电视行政管理工作的部门或者机构(以下统称广播电视行政部门)负责本行政区域内的广播电视管理工作。
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;   第六条 全国性广播电视行业的社会团体按照其章程,实行自律管理,并在国务院广播电视行政部门的指导下开展活动。
(2) having technical equipment of broadcasting and television conforming to state provisions; 
(3) having necessary capital construction funds and stable fund guarantee; and   第七条 国家对为广播电视事业发展做出显著贡献的单位和个人,给予奖励。
(4) having a necessary site. 

第二章 广播电台和电视台

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.   第八条 国务院广播电视行政部门负责制定全国广播电台、电视台的设立规划,确定广播电台、电视台的总量、布局和结构。
The State prohibits the establishment of foreign capital operated, Sino-foreign joint venture and Sino-foreign cooperative venture broadcasting stations and television stations. 本条例所称广播电台、电视台是指采编、制作并通过有线或者无线的方式播放广播电视节目的机构。
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.   第九条 设立广播电台、电视台,应当具备下列条件:
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. (一)有符合国家规定的广播电视专业人员;
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. (二)有符合国家规定的广播电视技术设备;
Article 13 Modification of the name, logo, scope of programs or set number of programs of a radio or television station shall be subject to the approval of the administrative department for radio and television of the State Council; however, the modification of the logo of a radio or television station established by the administrative department for radio and television of the people's government at the level of a county or a city divided into districts shall be subject to the approval of the administrative department for radio and television of the people's government of the province, autonomous region or municipality directly under the Central Government of the place where the radio or television station is located. (三)有必要的基本建设资金和稳定的资金保障;
No broadcasting station or television station shall lease or transfer broadcasting time bands. (四)有必要的场所。
Article 14 Termination of a broadcasting station or television station shall be submitted in accordance 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. 审批设立广播电台、电视台,除依照前款所列条件外,还应当符合国家的广播电视建设规划和技术发展规划。
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.   第十条 广播电台、电视台由县、不设区的市以上人民政府广播电视行政部门设立,其中教育电视台可以由设区的市、自治州以上人民政府教育行政部门设立。其他任何单位和个人不得设立广播电台、电视台。
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. 国家禁止设立外资经营、中外合资经营和中外合作经营的广播电台、电视台。
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   第十一条 中央的广播电台、电视台由国务院广播电视行政部门设立。地方设立广播电台、电视台的,由县、不设区的市以上地方人民政府广播电视行政部门提出申请,本级人民政府审查同意后,逐级上报,经国务院广播电视行政部门审查批准后,方可筹建。
Article 17 The department of broadcasting and television administration under the State Council shall carry out unified planning on the coverage of broadcasting and television transmissions across the country in accordance with uniform state standards, and construction and development shall be carried out at different levels. The departments of broadcasting and television administration of local people's governments at or above the county level should, pursuant to relevant state provisions, construct and manage networks of broadcasting and television transmission coverage within their respective administrative areas. 中央的教育电视台由国务院教育行政部门设立,报国务院广播电视行政部门审查批准。地方设立教育电视台的,由设区的市、自治州以上地方人民政府教育行政部门提出申请,征得同级广播电视行政部门同意并经本级人民政府审查同意后,逐级上报,经国务院教育行政部门审核,由国务院广播电视行政部门审查批准后,方可筹建。
Construction of networks of broadcasting and television transmission coverage including full exploitation of all kinds of existing resources of public telecommunications of the state should ensure the quality and unimpeded traffic of transmissions of broadcasting and television programmes. 
The networks of broadcasting and television transmission coverage referred to in these Regulations shall be composed of broadcasting and television transmitting stations, relay stations (including differential relay stations and reception relay stations, the same hereinafter), broadcasting and television satellites, satellite up-link stations, satellite reception and relay stations, microwave stations, monitoring stations (posts) and networks of cable broadcasting and television transmission coverage.   第十二条 经批准筹建的广播电台、电视台,应当按照国家规定的建设程序和广播电视技术标准进行工程建设。
Article 18 The department of broadcasting and television administration under the State Council shall be responsible for the designation and allocation of frequencies of special-purpose channels and bands for broadcasting and television and the verification and issuance of certificates of designation and allocation of special-purpose frequencies. 建成的广播电台、电视台,经国务院广播电视行政部门审查符合条件的,发给广播电台、电视台许可证。广播电台、电视台应当按照许可证载明的台名、台标、节目设置范围和节目套数等事项制作、播放节目。
Article 19 Establishment of broadcasting and television transmitting stations, relay stations, microwave stations, satellite up-link stations should, pursuant to relevant state provisions, go through formalities of examination and approval at the radio control agencies of the State, or the province, autonomous region and municipality directly under the Central Government on the strength of the certificates of designation and allocation of special-purpose frequencies issued by the department of broadcasting and television administration under the State Council and obtain radio station licences. 
Article 20 Broadcasting and television transmitting stations and relay stations should transmit and relay broadcasting and television programmes in accordance with the relevant provisions of the department of broadcasting and television administration under the State Council.   第十三条 广播电台、电视台变更台名、台标、节目设置范围或者节目套数的,应当经国务院广播电视行政部门批准。但是,县级、设区的市级人民政府广播电视行政部门设立的广播电台、电视台变更台标的,应当经所在地省、自治区、直辖市人民政府广播电视行政部门批准。
Frequencies, channels and bands of broadcasting and television transmitting stations and relay stations the use of which has been verified and approved shall not be leased or transferred, and all technical parameters already approved shall not be changed without authorization. 广播电台、电视台不得出租、转让播出时段。
Article 21 No broadcasting and television transmitting station and relay station shall broadcast self-sponsored programmes or insert advertisements without authorization. 
Article 22 Site selection, design, construction and installation of projects of the networks of broadcasting and television transmission coverage should be handled pursuant to the relevant state provisions and undertaken by units with acquisition of corresponding certificates of qualifications according to law.   第十四条 广播电台、电视台终止,应当按照原审批程序申报,其许可证由国务院广播电视行政部门收回。
Construction of projects of the networks of broadcasting and television transmission coverage and the technical equipment of broadcasting and television used therein should conform to state standards and trade standards. Acceptance checks shall be organized by the departments of broadcasting and television administration upon completion of the projects which may be put into operation only upon passing the acceptance checks. 广播电台、电视台因特殊情况需要暂时停止播出的,应当经省级以上人民政府广播电视行政部门同意;未经批准,连续停止播出超过30日的,视为终止,应当依照前款规定办理有关手续。
Article 23 Regional networks of cable broadcasting and television transmission coverage shall be set up and managed by the departments of broadcasting and television administration of local people's governments at or above the county level. 
Plans and construction schemes for the regional networks of cable broadcasting and television transmission coverage shall be carried out upon approval by the departments of broadcasting and television administration of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government when submitted by the departments of broadcasting and television administration of people's governments at the county level or those of the municipalities with subordinate districts and autonomous prefectures, or carried out upon approval by the department of broadcasting and television administration under the State Council when submitted by the departments of broadcasting and television administration of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.   第十五条 乡、镇设立广播电视站的,由所在地县级以上人民政府广播电视行政部门负责审核,并按照国务院广播电视行政部门的有关规定审批。
Only one regional network of cable broadcasting and television transmission coverage shall be set up in the same administrative region. Cable television stations shall be hooked up with the regional network of cable television transmission coverage according to the plan. 机关、部队、团体、企业事业单位设立有线广播电视站的,按照国务院有关规定审批。
Article 24 No unit or individual shall broadcast any programme via a network of cable broadcasting and television transmission coverage without approval. 
Article 25 Control and use of satellite space band resources for the transmission of broadcasting and television programmes should conform to the relevant state provisions.   第十六条 任何单位和个人不得冲击广播电台、电视台,不得损坏广播电台、电视台的设施,不得危害其安全播出。
Transmission of broadcasting and television programmes using the satellite mode by broadcasting stations or television stations should conform to the requirements prescribed by the State and be subject to the examination, verification and approval of the department of broadcasting and television administration under the State Council. 

第三章 广播电视传输覆盖网

Article 26 For installation and use of ground reception facilities for satellite broadcast and television, an application for the acquisition of a licence should, pursuant to the relevant state provisions, be submitted to the department of broadcasting and television administration of the people's government of the province, autonomous region or municipality directly under the Central Government. Import of decipherer, depressurizers and other ground reception facilities for satellite broadcast and television for external satellite broadcasting and television programmes shall be subject to the examination and approval of the department of broadcasting and television administration under the State Council. 
Article 27 Infringing on or occupying, gathering together to rob, or destroying in other forms facilities of networks of broadcasting and television transmission coverage by any unit or individual shall be prohibited.   第十七条 国务院广播电视行政部门应当对全国广播电视传输覆盖网按照国家的统一标准实行统一规划,并实行分级建设和开发。县级以上地方人民政府广播电视行政部门应当按照国家有关规定,组建和管理本行政区域内的广播电视传输覆盖网。
Article 28 No unit or individual shall infringe on or occupy and interfere with the special-purpose broadcasting and television frequencies, or intercept the transmission of, interfere with or descramble broadcast and television signals. 组建广播电视传输覆盖网,包括充分利用国家现有的公用通信等各种网络资源,应当确保广播电视节目传输质量和畅通。
Article 29 The departments of broadcasting and television administration of people's governments at or above the county level should adopt diverse forms of satellite transmission, radio relay, cable broadcast and cable television to improve the rate of broadcasting and television coverage in rural areas. 本条例所称广播电视传输覆盖网,由广播电视发射台、转播台(包括差转台、收转台,下同)、广播电视卫星、卫星上行站、卫星收转站、微波站、监测台(站)及有线广播电视传输覆盖网等构成。
Chapter IV Broadcasting and Television Programmes 
Article 30 Broadcasting stations and television stations should run programmes according to the scope for the setting up of programmes approved by the department of broadcasting and television administration under the State Council.
......
   第十八条 国务院广播电视行政部门负责指配广播电视专用频段的频率,并核发频率专用指配证明。
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