Telecommunication Regulation of China (2016 Revision)

 2018-05-18  29


Telecommunication Regulation of China (2016 Revision)


· Document Number:Order No. 666 of the State Council of the People's Republic of China

· Area of Law: Post and Telecommunications

· Level of Authority: Administrative Regulations

· Date issued:02-06-2016

· Effective Date:09-25-2000

· Status: Effective

· Issuing Authority: State Council

 

Telecommunication Regulation of China
(Issued by the Order No. 291 of the State Council of the People's Republic of China on September 25, 2000 amended for the first time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on July 29, 2014 (Order No. 653 of the State Council) and amended for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016 (Order No. 666 of the State Council) )
Chapter I General principles
Article 1 This Regulation is formulated to regulate the order of the telecommunications market, to protect the lawful rights and interests of telecommunications users and service providers and to ensure the safety of telecommunications network and information so as to promote the healthy development of telecommunications.
Article 2 Anyone engaged in telecommunications activities or activities in connection with telecommunications within the territory of the People's Republic of China shall abide by this Regulation.
Telecommunications in this Regulation refer to the use of wired or wireless electromagnetic systems, or photoelectric systems, to transmit, emit or receive speech, text, data, graphics or any other form of information.
Article 3 The Ministry of Information Industries (MII) under the State Council is responsible for the nation-wide supervision and administration of telecommunications in accordance with this Regulation.
The telecommunications administrative authorities of all provinces, autonomous regions and cities under the direct control of the Central Government are responsible, under the guidance of MII, for the supervision and administration of telecommunications in their regions in accordance with this Regulation.
Article 4 The supervision and administration of telecommunications shall be carried out according to the principles of separation of the Government and enterprises, anti-monopoly, development promotion, openness, fairness and impartiality.
Article 5 The telecommunications service providers shall provide services in accordance with the law and business ethics. They shall be subject to supervision and administration which are conducted in accordance with the law.
Article 6 The safety of the telecommunications networks and information is protected by the law. Any organisation or individual shall not be engaged, by using the telecommunication networks, in activities detrimental to State Security, social and public interests or the lawful rights and interests of others.
Chapter II Telecommunication business and market
Subsection 1Telecommunication business licensing
Article 7 The State establishes a licensing system for telecommunications business according to the different categories of business.
Telecommunications business shall be conducted with a licence obtained from MII or the telecommunications administrative authorities of the provinces, autonomous regions and cities under the direct control of the Central Government.
Any organisation or individual that does not obtain a telecommunication business licence shall not be engaged in telecommunications business.
Article 8 Telecommunications business is divided into two categories: basic telecommunications business and value-added telecommunications business.
Basic telecommunications business refers to the provision of basic facilities of public networks, public data transmission and basic speech communication. Value-added telecommunications business refers to the provision of telecommunication and information services by using the basic facilities of public networks.
For detailed categories of the telecommunications business, please refer to the Appendix of this Regulation: Catalogue of Telecommunications Business. MII may update and renew this Catalogue in accordance with the real situation.
Article 9 Anyone that intends to be engaged in basic telecommunications business shall be approved by MII and obtain a Business Licence for Basic Telecommunications Business.
Anyone that intends to be engaged in value-added telecommunications business covering more than two provinces, autonomous regions or cities under the direct control of the Central Government shall be approved by MII and obtain a Business Licence for Cross-region Value-added Telecommunications Business. Anyone that intends to be engaged in value-added telecommunications business covering only one province, autonomous region or city under the direct control of the Central Government shall be approved by the telecommunications administrative authority of the relevant province, autonomous region or city under the direct control of the Central Government and obtain a Business Licence for Value-added Telecommunications Business.
Anyone that is engaged, by using new technology, in new-type telecommunication business not covered by the Catalogue of Telecommunications Business shall record his business at the telecommunications administrative authority of the relevant province, autonomous region or city under the direct control of the Central Government.
Article 10 A basic telecommunications business provider shall meet the following requirements:
(1)being a company established in accordance with the law and specialised in basic telecommunications business and the State-owned equity or shares in the company not lower than 51%;
(2)preparing feasibility study report and a plan for the structuring of networks;
(3)having capital and professionals commensurate to its business;
(4)having a fixed place and the corresponding resources for the business;
(5)having the credibility and capacity to provide long-term services;
(6)other requirements provided by the State.
Article 11 The application for provision of basic telecommunications business shall be addressed to MII together with the relevant documents as provided by Article 10 of this Regulation. MII shall examine the application and approve or disapprove it within 180 days after receiving the application. If approved, a Business Licence for Basic Telecommunication Business shall be granted; if not approved, a written notice explaining the reasons shall be given.
Article 12 When examining applications for provision of basic telecommunications business, MII shall mainly take into consideration of such factors as Stare security, safety of telecommunications networks, sustainable development of telecommunications resources, environmental protection, and competition of the telecommunications market.
The granting of the Business Licences for Basic Telecommunication Business shall use the method of tender.
Article 13 A value-added telecommunications business provider shall meet the following requirements:
(1)being a company established in accordance with the law;  
(2)having capital and professionals commensurate to its business;
(3)having the credibility and capacity to provide long-term services;
(4)other requirements provided by the State.
Article 14 The application for provision of value-added telecommunications business shall, in accordance with Article 9(2) of this Regulation, be addressed to MII or to the administrative authorities of the relevant province, autonomous region or city under the direct control of the Central Government, together with the relevant documents as provided by Article 13 of this Regulation. If the approval of the relevant competent authority is also required by the law, the document of such an approval shall also be provided. MII or the administrative authorities of the relevant province, autonomous region or city under the direct control of the Central Government shall examine the application and approve or disapprove it within 60 days after receiving the application. If approved, a Business Licence for Cross-region Value-added Telecommunications Business or for Value-added Telecommunications Business shall be granted; If not approved, a written notice explaining the reasons shall be given.
Article 15 If, during its term of business, a telecommunications business provider intends to change the business provider, business scope or to terminate the business, it shall apply to the original authority granting the Business Licence and go through relevant formalities. In case of termination of business, a settlement shall be made in accordance with State regulations.
Article 16 The operator of a dedicated telecommunications network which intends to provide telecommunications services in the area where it is located shall file an application in accordance with the conditions and procedures as prescribed in this Regulation, and upon approval, obtain a permit for engaging in the telecommunications business.
Sub-section 2 Link ups between telecommunications networks
Article 17 Linking-up between telecommunications networks shall be carried out according to the principles of technological feasibility, economy, fairness and co-ordination.
Principal public telecommunications business providers shall not reject the requests for link-up of other public telecommunications business providers or dedicated networks operators.
Principal public telecommunications business providers refer to telecommunications business providers that control necessary basic telecommunications facilities and account for a large proportion of the market, thus able to influence substantially the market access of other business providers.
The list of the principal public telecommunications business providers shall be defined by MII.
Article 18 Principal public telecommunications business providers shall, on the basis of non-discrimination and transparency, formulate the link-up rules including the procedure, time limit, and catalogue of non-tied-up network elements. The link-up rules shall be approved by MII and be binding to Principal public telecommunications business providers in their link-ups.
Article 19 The inter-network link-up between public networks, and between public and dedicated networks shall be carried out by the parties involved through consultation in accordance with the relevant regulation of MII. Agreements on such inter-network link-ups shall also be reached and filed for record at MII.
Article 20 If the two parties can not reach an agreement on the inter-network link-up, within 60 days after one party requests such link-up, either party can apply for co-ordination to MII or to the telecommunications administrative authority at the level of province, autonomous region, or city under the direct control of the Central Government according to the area covered by the link-up. The authority receiving such an application shall conduct co-ordination in accordance with Article 17(2) of this Regulation in order to reach an agreement between the two parties. Despite the co-ordination, in case no agreement can be reached within 45 days after either party applies for co-ordination, the co-ordination authority shall invite, through random selection, telecommunication specialists and other professionals to a public hearing to raise proposals for the link-up. The co-ordination authority shall make a decision of compulsive link-up on the basis of the hearing.
Article 21 The link-up shall be made within the time limit as provided in the link-up agreement or decision. Either party shall terminate the link-up in abiding by the agreements on inter-network link-ups and the relevant provisions of the administrative department of information technology under the State Council and ensuring inter-network communication.. The two parties shall take effective measures to eliminate technological obstacles to link-ups. In case disputes arise during the link-up, the two parties shall settle the disputes in accordance with Article 20 of this Regulation.
The communication quality of the link-up shall reach the relevant State standard. The principal telecommunication business providers, when linking up with other telecommunication business providers, the communication quality shall not be lower than that when providing such service within its own network to its subsidiaries or branches.
Article 22 The payment settlement and sharing for inter-network link-up shall be made in accordance with relevant State regulations. No extra expenses shall be charged.
The technological standard, method of payment and regulation measures for inter-network link-up shall be formulated by MII.
Sub-section 3 Charges for telecommunications services
Article 23 Telecommunication services shall be subject to market-regulated pricing. Telecommunication operators shall fully consider the production and operation costs, the supply and demand situation in the telecommunication market, and other factors to reasonably determine the charging rates for telecommunication services.
Article 24 The state shall strengthen supervision over the charging behavior of telecommunication operators, establish and improve the regulatory rules, and protect the lawful rights and interests of consumers according to the law.
Article 25 The service providers shall, at the request of MII and other telecommunications administrative authorities, provide complete and correct information and data on the cost of service they provide.
Sub-section 4 Telecommunications resources
Article 26 The State establishes a system for the unified planning, centralised administration, rational allocation and paid utilisation of the telecommunication resources.
Telecommunications resources refer to such limited resources as wireless radio frequencies, satellite orbit positions and telecommunications network code numbers through which telecommunications functions are realised.
Article 27 The telecommunications business providers shall pay telecommunications resources charges when holding or using such resources. The standard and method of payment shall be formulated by MII, Ministry of Finance and the State Planning Commission and approved by the State Council.
Article 28 The allocation of telecommunications resources shall take into consideration of the planning, use and expected service capacity of such resources.
The allocation of telecommunications resources can be done either through distribution or through auction.
After obtaining the right to use certain telecommunications resources, the user shall start to use the resources and reach the minimum use scale within the statutory time limits. Without approval by MII or telecommunications administrative authorities, it shall not use, assign, lease telecommunication resources or change the functions of such resources.
Article 29 After the telecommunications resources user obtain the telecommunications network code numbers, the principal telecommunications service providers and other relevant work units shall take necessary technological measures to accommodate the use of such code numbers by the user.
In case there are other laws and administrative regulations of telecommunications resources administration, such laws and administrative regulations shall apply.
Chapter III Telecommunications services
Article 30 The telecommunications business provider shall provide telecommunications services to customers in accordance with the service standard set by the State. The category, scope, charge standard and time limits of such services shall be known of the public and filed for record at telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government.
The telecommunications users have the right to choose among the different kinds of telecommunications services provided in accordance with the law.
Article 31 When the telecommunications users apply for the installation or moving to another place of telecommunications terminal equipment, the telecommunications service providers shall guarantee to install and start to operate such equipment within the time limits they promise to the public. In case the time limits are not met for reason of the service provider, the service provider shall pay to the user a penalty for breach of contract at the rate of 1% per day of the charge for installation, moving or other charge.
Article 32 When the telecommunications users inform of breakdown of services, the service providers shall render reparation within 48 hours (in the city) or 72 hours (in rural areas) after the information. In case the breakdown can not be eliminated within the time limit, the service providers shall inform the user immediately and exempt it from paying the monthly charge during the period of breakdown, except for the case where the breakdown is caused by telecommunications terminal equipment.
Article 33 The telecommunications service providers shall render assistance to enquiry of their users about the charge and payment. In case of the users request lists of expenditure for DDD or IDD calls, mobile phone calls or information services they have subscribed to, the service providers shall provide such lists free of charge.
If abnormal huge bills occur to a user and are detected by the service provider, it shall inform the user as soon as it can and take necessary measures.
Huge bills refer to bills of payment 5 times above the average payment made by the user during the previous three months.
Article 34 The telecommunications users shall make prompt and full payment of their telecommunications bills to the service providers in accordance with the time and method as provided by their contracts. In case the users fail to pay their bills within the time limits, the service providers have the right to request the users to pay the bills due and a penalty at the rate of 0.3% per day.
If the users do not pay their bills due within 30 days after the time limit, the service providers may suspend their service to the users. If the users do not pay their bills due and the corresponding penalties within 60 days after the suspension, the service providers may terminate the service and claim for the non-payment and penalties through legal procedures.
Mobile telecommunications service providers may reach agreements with their users on the time limits and methods to pay the service bills, in disregard of the above clause.
The service providers shall restore the suspended service within 48 hours after the users pay the bills due and penalties.
Article 35 If normal telecommunications service will be affected by construction or network projects, etc., the service providers shall inform the users within the time limit as provided by the law and report to telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government
In case of such affections, the service providers shall make corresponding reductions for their service charges to the users during the affection period.
In case of delayed notice by the service provider as provided in the first clause, the service provider shall compensate the resulting losses suffered by the users.
Article 36 Local call and mobile call providers shall provide, free of charge, service of such emergency calls as fire, police, medical, accident, etc, and guarantee quality communication.
Article 37 The telecommunications service providers shall provide equal and reasonable service for the connection of group users through trunk lines to their networks.
The service providers shall not break the connections without approval.
Article 38 The telecommunications providers shall establish service quality control systems and may formulate and publish their own service standards which are higher than the State telecommunications service standards.
The telecommunications providers shall make efforts to gather opinion from their users in order to raise their service quality.
Article 39 If the service provided by service providers can not reach the State telecommunication service standard or the published service standard of their own, or is not satisfactory to their users, the users have the right to request for solution by the service providers. If the service providers reject to resolve the problem or their solution is not satisfactory, the users have the right to complaint to MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government. The authorities receiving such a complaint shall respond promptly and render a reply within 30 days after receiving the complaint.
If the users do not agree with their local call bills, the service providers shall, at the request of the users, provide local call lists free of charge and render necessary assistance to the users in finding the reasons.
Article 40 The telecommunications service providers shall not do any of the following acts when providing services:
(1) Limit, in any form, the users to any service appointed by themselves,
(2) Request the users to buy and use certain telecommunications terminal equipment appointed by themselves or do not allow the users to use their own access-licensed telecommunications terminal equipment;
(3)Reject to provide, delay or terminate services without reasons;
(4) Fail to honour their public promises or make false or misunderstanding PR efforts for their services;
(5)Create difficulties to or retaliate on purpose the users who complaint their services.
Article 41 The telecommunications service providers shall not do any of the following acts when conducting their business:
(1)Restrict in any forms the users to opt for services provided by other legal service providers;
(2)Make subsidies between the different services they provide;
(3)Conduct unfair competition by providing services at prices below cost in order to squeeze out their competitors;
Article 42 MII and telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government shall conduct supervision and examinations over the service quality and activities of the service providers and publish the result of their supervision and examinations.
Article 43 The telecommunications service providers shall fulfil their statutory obligation in regard to universal telecommunications service.
MII may, through appointment or tender, determine the substantive obligations of telecommunications services providers in regard to universal telecommunications service.
The subsidy policies for universal telecommunications service shall be formulated by MII together with the Ministry of Finance and the State Planning Commission and subsequently approved by the State Council.
Chapter IV Telecommunications infrastructure building
Sub-section 1 Telecommunications infrastructure building
Article 44 The construction of public telecommunications networks, dedicated telecommunications networks and relay networks for radio broadcasting and television shall be planned and regulated by MII.
The projects of public telecommunications networks, dedicated telecommunications networks and relay networks for radio broadcasting and television of a nation-wide nature or falling within the limited State projects, before applying for approval as State infrastructure projects, shall obtain approval from MII.
Telecommunications infrastructure projects shall be put into the overall plan for city or township construction of the Governments at different level.
Article 45 The infrastructure of cities and towns shall have corresponding telecommunications facilities. The telecommunications cables and supporting lines inside a building and such cables and lines within the construction land shall appear on the design documents of the construction projects and constructed and checked upon completion together with the projects. The expenditure shall be included in the budget of the project.
When planning for the construction of roads, bridges, tunnels or subways, the relevant departments shall notify in advance telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government and telecommunications service providers and consult on the installation of telecommunications cables and equipment.
Article 46 Basic telecommunications service provider may put up on the top of civil buildings telecommunications cables and small antenna, mobile telecommunications base stations and other public communications facilities, however, they shall notify in advance the proprietors or users of the buildings and pay to the proprietors or other right-holders for such use.
Article 47 Signs shall be placed in accordance with State regulations when constructing underground, under-water or in-the-air telecommunications facilities.
Basic telecommunications providers intending to build seabed telecommunications cables shall obtain approval from MII and proceed the relevant procedures. The seabed telecommunications cables shall be marked out on the Map of the Sea.
Article 48 Any entity or individual shall not alter or move the telecommunications cables and facilities of others; in case of real need of such alteration or move, the approval of the proprietor of the facilities shall be obtained and the expenses of such alteration or move shall be borne by the requesting entity or individual who shall also compensate the losses, if any.
Article 49 When conducting construction, production or planting activities, the safety of the telecommunications cables and facilities and the communications quality shall be affected or hampered; otherwise, the relevant telecommunications service providers shall be notified and the entity or individual conducting such activities shall make necessary safety measures.
In case the safety of the telecommunications cables and facilities and the communications quality are affected or hampered, the original operational state shall be restored or reparation be made and the resulting losses shall be compensated.
Article 50 New telecommunications cables shall be built with a safety distance to the already-existing cables; if the already-existing cables are difficult to separate from or have to be crossed or the tunnels be used, consultation shall be made and agreement be reached with the proprietor of the already-existing cables and tunnels. If no agreement can be reached, MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government shall intervene to co-ordinate.
Article 51 Any organisation or individual shall not obstruct or hamper basic telecommunications service providers to conduct telecommunications infrastructure constructions and provide public telecommunications services to their users in accordance with the law, except in the area the access to which is forbidden or restricted by the State.
Article 52 Telecommunications vehicles operating for special, emergency, reparation or disaster-relieving tasks, upon approval by the public transportation security authorities, are not subject to the control of any traffic signs provided that traffic safety is not affected.
Sub-section 2 Network connection of telecommunications equipment
Article 53 The State establishes a Licensing system for network connection of telecommunications terminal equipment, radio communications equipment and equipment related to network link-ups.
Telecommunications terminal equipment, radio communications equipment and equipment related to network link-ups connected to public telecommunications networks must conform to the State standard and obtain a license for network connection.
The Catalogue for Telecommunications Equipment under the Network Connection Licensing System shall be formulated by MII together with the State Administration of Quality Control (SAQC).
Article 54 To obtain a licence for network connection of telecommunications equipment, an application shall be filed to MII together with a verification report granted by a telecommunications equipment verification agency recognised by SAQC or a Product Quality Certificate issued by a quality certification agency.
MII shall examine the application and the report or certification within 60 days after receiving the application. If the application passes the examination, a license will be granted; otherwise, a written reply explaining the reason for rejection will be given.
Article 55 A producer of telecommunications equipment shall guarantee the quality of its products which obtain a license for network connection.
A producer of telecommunications equipment shall put network connection licensing signs on the products they produce.
SAQC and MII shall jointly organise quality supervision and control checks for telecommunications equipment licensed for network connection and publish their reports.
Chapter V Telecommunications security
Article 56 Any organisation or individual shall not use telecommunications networks to produce, copy, publish and transmit information having the following contents:
(1)against the Cardinal Principles set forth in the Constitution;
(2)detrimental to State security, State secrecy, State power and national unification;
(3)detrimental to State honour and interests;
(4)instigating ethnic hatred or discrimination and detrimental to national unity;
(5)detrimental to State religious policy, propagating heretical or superstitious ideas;
(6)disseminating rumours, disrupting social order and stability;
(7)disseminating obscenity, pornography, force, brutality and terror or crime-abetting;
(8)humiliating slandering others, trespassing the lawful rights and interests of others;
(9)other contents forbidden by laws and regulations.
Article 57 Any organisation or individual shall not conduct the following activities detrimental to telecommunications network security and information security:
(1)Deleting or modifying the functions of telecommunications networks and the data stored, processed and transported and the application programmes thereof;
(2)Using telecommunications networks to steal or destroy the information of others, or to conduct activities detrimental to the lawful rights and interests of others;
(3)Producing, copying and transmitting on purpose computer viruses or attacking through other ways telecommunications networks and facilities of others;
(4)Conducting other activities detrimental to telecommunications network security and information security.
Article 58 Any organisation or individual shall not conduct the following activities disrupting the order of the telecommunications market:
(1)Operating, through renting international dedicated telecommunications lines or establishing relaying facilities without permission or other means, telecommunications connections with other countries, Hong Kong Macao and Taiwan;
(2)Connecting unlawfully to telecommunications lines of other and coping the telecommunications codes of others, or use knowingly such facilities or codes;
(3)forging or altering telephone cards and other valued certificates of telecommunications services;
(4)Accessing to the networks to using mobile phones by a false ID card.
Article 59 Telecommunications service providers shall establish their own security safeguarding system and make clear the responsibility of security control.
Article 60 When designing, constructing and operating telecommunications networks, the telecommunications service providers shall take into consideration of State secrecy and the security of telecommunications networks.
Article 61 When providing public information service, a telecommunications service provider finding that information falling within the scope as provided by Article 57 is being transmitted in the networks shall terminate the transmission immediately and keep record and report to relevant authorities.
Article 62 The telecommunications users shall be responsible for the content they transmit and for the consequence of such transmission by using telecommunication networks.
If the information the telecommunications users transmit falls within State secrecy, the telecommunications users shall take measures to safeguard the secrecy.
Article 63 In case of serious natural disasters and other urgencies, MII, upon approval by the State Council, may take over for use telecommunications facilities in order to ensure high-quality communications.
Article 64 The provision of international communications service within the territory of the People's Republic of China shall only be done through international communications accesses established with the approval of MII.
The provision of communications service between the Mainland and Hong Kong, Macao and Taiwan shall also make reference to the above clause.
Article 65 Freedoms to use telecommunications and communications secrecy of telecommunications users are protected by the law. Any organisation or individual shall not examine the content of telecommunications for any reason, except in the case the public security authorities, State security authorities or the People's Procuratorates conduct examinations out of the need of State security or of criminal investigation
Telecommunications service providers and their employees shall not provide to others without prior permission the contents transmitted by the users through the networks.
Chapter VI Penalties for violations of the Regulations
Article 66 Those who violate Articles 57 and 58 of this Regulation shall face criminal charges if the acts constitute crimes; if the acts do not constitute crimes, they shall be sanctioned by the public security or State security authorities in accordance with laws and administrative regulations.
Article 67 Those who violate Article 59(2), (3) and (4) of this Regulation shall face criminal charges for disrupting telecommunications market order if the acts constitute crimes; if the acts do not constitute crimes, they shall be ordered by MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government to redress the acts and the illegal income be confiscated. A penalty between three times and five times of the illegal income shall be imposed. If there is no illegal income or it is lower than 10,000 yuan, a penalty between 10,000 yuan to 100,000 yuan shall be imposed.
Article 68 Those who violate this Regulation by forging, using someone's else's or assigning the telecommunications business license or the network connection licence for telecommunications equipment, or by forging the number of the connection licence shall have their illegal income be confiscated by MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government. A penalty between three times and five times of the illegal income shall be imposed. If there is no illegal income or it is lower than 10,000 yuan, a penalty between 10,000 yuan to 100,000 yuan shall be imposed.
Article 69 Those who violate this Regulation by committing any of the following acts shall be ordered by MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government to redress the violations and the illegal income shall be confiscated, a penalty between three times and five times of the illegal income be imposed. If there is no illegal income or it is lower than 50,000 yuan, a penalty between 100,000 yuan to 1,000,000 yuan shall be imposed. In a serious case, the business shall be suspended:
(1)Violating the third clause of Article 7 or committing the act as provided in Article 59(1);
(2)Without approval of MII, establishing international communications accesses to operate international communications services;
(3)Without permission, using, assigning or leasing telecommunications resources or changing their functions;
(4)Without permission, terminating link-up or connection services;
(5)Rejecting their obligation in regard to universal telecommunications service.
Article 70 Those who violate this Regulation by committing any of the following acts shall be ordered by MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government to redress the violations and the illegal income shall be confiscated, a penalty between one time and three times of the illegal income be imposed. If there is no illegal income or it is lower than 10,000 yuan, a penalty between 10,000 yuan to 100,000 yuan shall be imposed. In a serious case, the business shall be suspended:
(1)Requesting extra charges for network link-ups;
(2)Unable to take effective measures to eliminate technological obstacles of link-ups;
(3)providing without permission the contents transmitted by telecommunications users through the network;
(4)Rejecting to pay the fees for use of telecommunications resources.
Article 71 Those who violate Article 42 of this Regulation by committing unfair competition in their business shall be ordered by MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government to redress the violations and a penalty between 100,000 yuan to 1,000,000 yuan shall be imposed. In a serious case, the business shall be suspended.
Article 72 Those who violate this Regulation by committing any of the following acts shall be ordered by MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government to redress the violations and a penalty between 50,000 yuan to 500,000 yuan shall be imposed. In a serious case, the business shall be suspended:
(1)rejecting the requests made by other telecommunications service providers for link-ups;
(2)rejecting to implement the decision of MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government concerning link-ups;
(3)the quality of link-ups provided to other telecommunications service providers is lower than that of link-ups provided to its subsidiaries or branches.
Article 73 Those who violate the first clause of Article 34 and the second clause of Article 40 of this Regulation shall be ordered by telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government to redress the violations and to make apology telecommunications users. Failure to do so shall result in a warning sanction and a penalty between 5,000 yuan and 50,000 yuan.
Article 74 Those who violate Article 41 of this Regulation shall be ordered by telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government to redress the violations and to compensate the losses of the telecommunication users. Failure to do so shall result in a warning sanction and a penalty between 10,000 yuan to 100,000 yuan. In a serious case, the business shall be suspended.
Article 75 Those who violate this Regulation by committing any of the following acts shall be ordered by telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government to redress the acts and a penalty between 10,000 yuan to 100,000 yuan shall be imposed.
(1)Sale of telecommunications terminal equipment without network connection licenses;
(2)Illegal obstruction or disruption of the provision of public telecommunications services by telecommunications service providers;
(3)Changing or moving without permission telecommunications lines and facilities of others.
Article 76 Those who violate this Regulation by lowering the quality of the products after obtaining the network connection license for their telecommunications facilities they produce shall be sanctioned by the administrations of quality control in accordance with relevant laws and regulations.
Article 77 If an act as provided in Articles 57, 58 and 59 is committed and the situation is indeed grave, the authority originally issuing the license shall revoke the telecommunication business license.
MII and telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government, upon revocation of the license, shall notify the relevant administration of enterprise registration.
Article 78 Officials of MII or telecommunications authorities of provinces, autonomous regions and cities under the direct control of the Central Government who neglect their responsibilities or abuse their power in their own interests shall face criminal charges if their acts constitute crimes, or administrative sanctions if their acts do not constitute crimes.
Chapter VII Miscellaneous
Article 79 The State Council will formulate detailed regulations on investment and operation of telecommunications business in the territory of the People's Republic of China by foreign organisation or individuals, or by organisations or individuals from Hong Kong, Macao and Taiwan.
Article 80 This Regulation shall be effective as of the date of its promulgation.