| Order of the State Council of the People's Republic of China | | 中华人民共和国国务院令 |
(No.228) | |
（第２２８号） |
The Regulations on Broadcasting and Television Administration, as adopted at the 61st executive meeting of the State Council on August 1, 1997, is hereby issued and effective from September 1, 1997. | |
《广播电视管理条例》已经１９９７年８月１日国务院第６１次常务会议通过，现予发布，自１９９７年９月１日起施行。 |
Premier, Li Peng | |
总理 李鹏 |
August 11, 1997 | |
１９９７年８月１１日 |
Regulations on Broadcasting and Television Administration | |
广播电视管理条例 |
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| Chapter I General Provisions | | $ 第一章 总则 |
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| 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. | | 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。 |
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| 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。 |
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| 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. | | 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。 |
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| 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。 |
The State supports the development of the cause of broadcasting and television in rural areas. | |
国家支持农村广播电视事业的发展。 |
The State supports the nationalities autonomous areas and poor remote regions in 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。 |
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| Article 5 The department of broadcasting and television administration under the State Council shall be responsible for broadcasting and television administration across the country. | | 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 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. | |
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。 |
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| 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. | | 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。 |
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| 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. | | 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。 |
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| Chapter II Broadcasting Stations and Television Stations | | 第二章 广播电台和电视台 |
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| 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 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. | |
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。 |
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| Article 9 Establishment of a broadcasting station or television station should fulfil the following qualifications: | | 第九条 设立广播电台、电视台，应当具备下列条件： |
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| (1) having specialized personnel of broadcasting and television conforming to state provisions; | | （一）有符合国家规定的广播电视专业人员； |
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| (2) having technical equipment of broadcasting and television conforming to state provisions; | | （二）有符合国家规定的广播电视技术设备； |
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| (3) having necessary capital construction funds and stable fund guarantee; and | | （三）有必要的基本建设资金和稳定的资金保障； |
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| (4) having a necessary site. | | （四）有必要的场所。 |
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. | |
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。 |
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| 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。 |
The State prohibits the establishment of foreign capital operated, Sino-foreign joint venture and Sino-foreign cooperative venture broadcasting stations and television stations. | |
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。 |
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| 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. | | 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。 |
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. | |
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。 |
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| 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. | | 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。 |
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. | |
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。 |
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| Article 13 Changes in station names, station signs, programme scope or set number of programmes of broadcasting stations and television stations shall be subject to the approval 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。 |
No broadcasting station or television station shall lease or transfer broadcasting time bands. | |
广播电台、电视台不得出租、转让播出时段。 |
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| 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. | | 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。 |
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. | |
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。 |
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| 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。 |
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. | |
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。 |
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| 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. | | 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。 |
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| Chapter III Networks of Broadcasting and Television Transmission Coverage | | 第三章 广播电视传输覆盖网 |
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| 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. | | 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。 |
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. | |
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。 |
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. | |
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。 |
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| 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. | | 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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