Telecommunications Regulations of the People's Republic of China (Revised in 2016)
Telecommunications Regulations of the People's Republic of China (Revised in 2016)
Telecommunications Regulations of the People's Republic of China (Revised in 2016)
Order of the State Council of the People's Republic of China No. 666
February 6, 2016
(Promulgated on September 25, 2000 by the Order of the State Council [2000] No. 291; revised for the first time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on July 29, 2014; and revised for the second in accordance with the Decision of the State Council on Revising Certain Administrative Regulations with the docket No. as the Order of the State Council of the People's Republic of China No. 666 on February 6, 2016)
Chapter I General Provisions
Article 1 These Regulations are formulated in order to regulate the telecommunications market, protect the lawful rights and interests of telecommunications users and telecommunications business operators, safeguard the security of telecommunications networks and information and promote the healthy development of the telecommunications industry.
Article 2 Anyone that engages in telecommunications activities or activities related to telecommunications within the territory of the People's Republic of China must abide by these Regulations.
For the purposes of these Regulations, the term "telecommunications" means the activity of using wired or wireless electromagnetic or optoelectronic systems to transmit or receive voice, text, data, images or any other form of information.
Article 3 The competent department in charge of the information industry under the State Council shall supervise and administer the telecommunications industry nationwide in accordance with these Regulations.
The telecommunications administration authorities of the provinces, autonomous regions and municipalities directly under the central government shall, under the leadership of the State Council's department in charge of the information industry, supervise and administer the telecommunications industry within their respective jurisdictions in accordance with these Regulations.
Article 4 The supervision and administration of telecommunications shall comply with the principles of separation of government and enterprise, the removal of monopoly control, the encouragement of competition, the promotion of development, transparency, fairness and impartiality.
Telecommunications business operators shall operate in accordance with the law, abide by business ethics and submit themselves to supervision and inspection that is carried out in accordance with the law.
Article 5 Telecommunications business operators shall provide rapid, accurate, secure, convenient and reasonably priced telecommunications services to telecommunications subscribers.
Article 6 The security of telecommunications networks and information shall be protected by law. No organization or individual may use a telecommunications network to engage in activities that compromise State security or prejudice the public interest or the lawful rights and interests of third parties.
Chapter II Telecommunications Market
Section I Telecommunications Business Permits
Article 7 The State implements a system of permits for the operation of telecommunications business that are classified according to the type of telecommunications business.
A telecommunications service operating permit issued by the State Council's department in charge of the information industry or the telecommunications administration authority of a province, autonomous region or municipality directly under the central government must be obtained in accordance with these Regulations in order to engage in telecommunications business.
No organization or individual may engage in telecommunications business activities without obtaining a telecommunications service operating permit.
Article 8 Telecommunications business is divided into basic telecommunications services and value-added telecommunications services.
Basic telecommunications services means the business of providing public network infrastructure, public data transmission and basic voice communications services. Value-added telecommunications services means the telecommunications and information services provided through the public network infrastructure.
The specific classification of types of telecommunications services is provided in the Classification of Telecommunications Services attached hereto. The State Council's department in charge of the information industry may make partial adjustments to the categories of telecommunications services listed in the Classification in light of actual circumstances and publish it anew.
Article 9 The operation of basic telecommunication services shall require the examination and approval of the State Council's department in charge of the information industry and the obtaining of a Basic Telecommunications Service Operating Permit.
The operation of value-added telecommunications services covering an area across two or more provinces, autonomous regions and/or municipalities directly under the central government shall require the examination and approval of the State Council's department in charge of the information industry and the obtaining of a Cross-regional Value-added Telecommunications Service Operating Permit. The operation of value-added telecommunications services covering an area within one province, autonomous region or municipality directly under the central government shall require the examination and approval of the telecommunications administration authority of the said province, autonomous region or municipality directly under the central government and the obtaining of a Value-added Telecommunications Service Operating Permit.
If new technology is used to provide, on a trial basis, a new type of telecommunications service not listed in the Classification of Telecommunications Services, such service shall be placed on the record with the telecommunications administration authority of the province, autonomous region or municipality directly under the central government.
Article 10 The following conditions shall be met in order to operate basic telecommunications services:
1. the operator shall be a legally established company that specializes in basic telecommunications services and in which the State's equity or shareholding is not less than 51%;
2. there is a feasibility study and a technical plan for formation of the network;
3. there are funds and specialized personnel commensurate with the business activities to be engaged in;
4. there is a site and corresponding resources to carry out the business activities;
5. the operator has the reputation or the capability to provide long term service to its subscribers; and
6. other conditions specified by the State.
Article 11 When applying to operate basic telecommunications services, an application accompanied by documentation related to the conditions specified in Article 10 hereof shall be submitted to the State Council's department in charge of the information industry. The State Council's department in charge of the information industry shall complete its examination and render its decision to approve or reject the application within 180 days of the date of the receipt of such application. If it approves the application it shall issue a Basic Telecommunications Service Operating Permit and if it rejects the application it shall notify the applicant in writing and explain the reason therefor.
Article 12 When examining an application for the operation of Basic Telecommunications Services, the State Council's department in charge of the information industry shall consider such factors as State security, telecommunications network security, continuous usability of telecommunications resources, environmental protection and the state of competition in the telecommunications market, etc.
The issuance of Basic Telecommunications Service Operating Permits shall require the invitation of tenders in accordance with the relevant State regulations.
Article 13 The following conditions shall be met in order to operate value-added telecommunications services:
1. the operator shall be a legally established company;
2. there are funds and specialized personnel commensurate with the business activities to be developed;
3. the operator has the reputation or the capability to provide long term service to its subscribers; and
4. other conditions specified by the State.
Article 14 When applying to operate value-added telecommunications services, an application accompanied by documentation related to the conditions specified in Article 13 hereof shall be submitted to the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government pursuant to the second paragraph of Article 9 hereof. If the relevant State regulations require that the value-added telecommunications service applied for be examined and approved by the relevant competent authority, the approval document from the relevant competent authority shall also be submitted. The State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall complete its examination and render its decision to approve or reject the application within 60 days of the date of the receipt of such application. If it approves the application, it shall issue a Cross-regional Value-added Telecommunications Service Operating Permit or a Value-added Telecommunications Service Operating Permit and if it rejects the application, it shall notify the applicant in writing and explain the reason therefor.
Article 15 If a telecommunications business operator changes the operating entity or its scope of business during the course of operations or, if it ceases operations, it shall submit an application to the original permit issuing authority 90 days in advance and carry out the appropriate procedures. If it is ceasing operations, it shall also duly take care of the consequences thereof, in accordance with the relevant State regulations.
Article 16 Private telecommunication network operators engaging in telecommunication businesses at their location shall apply for a telecommunication business permit in accordance with the criteria and procedures stipulated in these Regulations.
Section II Interconnection of Telecommunications Networks
Article 17 Interconnection of telecommunications networks shall be effected on the basis of the principles of technical feasibility, economic sense, fairness, impartiality and mutual complementation.
Leading telecommunications business operators may not refuse interconnection requests from other telecommunications business operators and operators of dedicated networks.
For the purposes of the preceding paragraph, the term "leading telecommunications business operators" means operators that control vital telecommunications infrastructure, have a relatively large share of the telecommunications market and can materially influence the entry of other telecommunications business operators into the telecommunications business market.
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Order of the State Council of the People's Republic of China No. 666
February 6, 2016
(Promulgated on September 25, 2000 by the Order of the State Council [2000] No. 291; revised for the first time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on July 29, 2014; and revised for the second in accordance with the Decision of the State Council on Revising Certain Administrative Regulations with the docket No. as the Order of the State Council of the People's Republic of China No. 666 on February 6, 2016)
Chapter I General Provisions
Article 1 These Regulations are formulated in order to regulate the telecommunications market, protect the lawful rights and interests of telecommunications users and telecommunications business operators, safeguard the security of telecommunications networks and information and promote the healthy development of the telecommunications industry.
Article 2 Anyone that engages in telecommunications activities or activities related to telecommunications within the territory of the People's Republic of China must abide by these Regulations.
For the purposes of these Regulations, the term "telecommunications" means the activity of using wired or wireless electromagnetic or optoelectronic systems to transmit or receive voice, text, data, images or any other form of information.
Article 3 The competent department in charge of the information industry under the State Council shall supervise and administer the telecommunications industry nationwide in accordance with these Regulations.
The telecommunications administration authorities of the provinces, autonomous regions and municipalities directly under the central government shall, under the leadership of the State Council's department in charge of the information industry, supervise and administer the telecommunications industry within their respective jurisdictions in accordance with these Regulations.
Article 4 The supervision and administration of telecommunications shall comply with the principles of separation of government and enterprise, the removal of monopoly control, the encouragement of competition, the promotion of development, transparency, fairness and impartiality.
Telecommunications business operators shall operate in accordance with the law, abide by business ethics and submit themselves to supervision and inspection that is carried out in accordance with the law.
Article 5 Telecommunications business operators shall provide rapid, accurate, secure, convenient and reasonably priced telecommunications services to telecommunications subscribers.
Article 6 The security of telecommunications networks and information shall be protected by law. No organization or individual may use a telecommunications network to engage in activities that compromise State security or prejudice the public interest or the lawful rights and interests of third parties.
Chapter II Telecommunications Market
Section I Telecommunications Business Permits
Article 7 The State implements a system of permits for the operation of telecommunications business that are classified according to the type of telecommunications business.
A telecommunications service operating permit issued by the State Council's department in charge of the information industry or the telecommunications administration authority of a province, autonomous region or municipality directly under the central government must be obtained in accordance with these Regulations in order to engage in telecommunications business.
No organization or individual may engage in telecommunications business activities without obtaining a telecommunications service operating permit.
Article 8 Telecommunications business is divided into basic telecommunications services and value-added telecommunications services.
Basic telecommunications services means the business of providing public network infrastructure, public data transmission and basic voice communications services. Value-added telecommunications services means the telecommunications and information services provided through the public network infrastructure.
The specific classification of types of telecommunications services is provided in the Classification of Telecommunications Services attached hereto. The State Council's department in charge of the information industry may make partial adjustments to the categories of telecommunications services listed in the Classification in light of actual circumstances and publish it anew.
Article 9 The operation of basic telecommunication services shall require the examination and approval of the State Council's department in charge of the information industry and the obtaining of a Basic Telecommunications Service Operating Permit.
The operation of value-added telecommunications services covering an area across two or more provinces, autonomous regions and/or municipalities directly under the central government shall require the examination and approval of the State Council's department in charge of the information industry and the obtaining of a Cross-regional Value-added Telecommunications Service Operating Permit. The operation of value-added telecommunications services covering an area within one province, autonomous region or municipality directly under the central government shall require the examination and approval of the telecommunications administration authority of the said province, autonomous region or municipality directly under the central government and the obtaining of a Value-added Telecommunications Service Operating Permit.
If new technology is used to provide, on a trial basis, a new type of telecommunications service not listed in the Classification of Telecommunications Services, such service shall be placed on the record with the telecommunications administration authority of the province, autonomous region or municipality directly under the central government.
Article 10 The following conditions shall be met in order to operate basic telecommunications services:
1. the operator shall be a legally established company that specializes in basic telecommunications services and in which the State's equity or shareholding is not less than 51%;
2. there is a feasibility study and a technical plan for formation of the network;
3. there are funds and specialized personnel commensurate with the business activities to be engaged in;
4. there is a site and corresponding resources to carry out the business activities;
5. the operator has the reputation or the capability to provide long term service to its subscribers; and
6. other conditions specified by the State.
Article 11 When applying to operate basic telecommunications services, an application accompanied by documentation related to the conditions specified in Article 10 hereof shall be submitted to the State Council's department in charge of the information industry. The State Council's department in charge of the information industry shall complete its examination and render its decision to approve or reject the application within 180 days of the date of the receipt of such application. If it approves the application it shall issue a Basic Telecommunications Service Operating Permit and if it rejects the application it shall notify the applicant in writing and explain the reason therefor.
Article 12 When examining an application for the operation of Basic Telecommunications Services, the State Council's department in charge of the information industry shall consider such factors as State security, telecommunications network security, continuous usability of telecommunications resources, environmental protection and the state of competition in the telecommunications market, etc.
The issuance of Basic Telecommunications Service Operating Permits shall require the invitation of tenders in accordance with the relevant State regulations.
Article 13 The following conditions shall be met in order to operate value-added telecommunications services:
1. the operator shall be a legally established company;
2. there are funds and specialized personnel commensurate with the business activities to be developed;
3. the operator has the reputation or the capability to provide long term service to its subscribers; and
4. other conditions specified by the State.
Article 14 When applying to operate value-added telecommunications services, an application accompanied by documentation related to the conditions specified in Article 13 hereof shall be submitted to the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government pursuant to the second paragraph of Article 9 hereof. If the relevant State regulations require that the value-added telecommunications service applied for be examined and approved by the relevant competent authority, the approval document from the relevant competent authority shall also be submitted. The State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall complete its examination and render its decision to approve or reject the application within 60 days of the date of the receipt of such application. If it approves the application, it shall issue a Cross-regional Value-added Telecommunications Service Operating Permit or a Value-added Telecommunications Service Operating Permit and if it rejects the application, it shall notify the applicant in writing and explain the reason therefor.
Article 15 If a telecommunications business operator changes the operating entity or its scope of business during the course of operations or, if it ceases operations, it shall submit an application to the original permit issuing authority 90 days in advance and carry out the appropriate procedures. If it is ceasing operations, it shall also duly take care of the consequences thereof, in accordance with the relevant State regulations.
Article 16 Private telecommunication network operators engaging in telecommunication businesses at their location shall apply for a telecommunication business permit in accordance with the criteria and procedures stipulated in these Regulations.
Section II Interconnection of Telecommunications Networks
Article 17 Interconnection of telecommunications networks shall be effected on the basis of the principles of technical feasibility, economic sense, fairness, impartiality and mutual complementation.
Leading telecommunications business operators may not refuse interconnection requests from other telecommunications business operators and operators of dedicated networks.
For the purposes of the preceding paragraph, the term "leading telecommunications business operators" means operators that control vital telecommunications infrastructure, have a relatively large share of the telecommunications market and can materially influence the entry of other telecommunications business operators into the telecommunications business market.
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