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Provisional Measures for the Administration of Radio and Television Cable Digital Pay Channel Serv

0 CommentsPrint E-mail ChinaITLaw.org, January 20, 2010
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Chapter 4.  Service and Supervision
 
Article 28.  Commercial institutions providing consumers with access to pay channels shall undertake  sound quality management to service the consumers, publicizing the contents and standard for fees, and providing access services to the consumers according to the signed contract.
 
Article 29.  The pay channel shall be chosen by the consumers and they shall subscribe voluntarily.  No compulsory subscription is to be imposed on the consumers.
 
Article 30. If the consumers apply for pay channel access service, the commercial institutions providing consumers access to pay channels shall provide timely access services  to ensure that the consumers receive the pay channel by the publicized service standards and the institutions shall not refuse, delay, or take unauthorized actions to intercept or stop providing services, except in the event that the consumers did not pay the fees or for other justifiable reasons.
 
Article 31. The consumers shall pay the fees for receiving the programs as agreed to in the contract,, while the commercial institutions providing consumers access to the pay channels shall provide the users with convenient methods of payment.  If the consumers ask for a statement of the service charges, the commercial institution providing consumer access shall provide such a statement free of charge..
 
 If the consumers fail to pay the fees in excess of 10 days of the contractual time limit, the commercial institutions providing consumers access to the pay channels have the right to demand that the consumers  pay the fees, and the institutions may suspend or terminate the services,  and may pursue the consumers for the back fees and penalize or fine them for breach of contact in delaying payment.  The institutions shall resume services within 24 hours after the consumers pay the fees. .
 
Article 32.  When the consumers report that the pay channel is out of service, the commercial institutions providing consumer access to pay channels shall remove the problem within 24  or 48 hours for serious problems; if they fail to eliminate the problem on schedule, the commercial institutions shall report to the consumers and shall not charge them for the period they failed to receive the channel,  except in the event of default by the consumers.
 
Article 33.  The commercial institutions providing consumers access to pay channels shall  report to the consumers in advance if normal access services cannot be provided, except in cases due to special conditions like  force majeure.
 
Article 34. Consumers have the right to make complaints about illegal acts to the administrative departments of radio and television at all levels which shall handle the complaints in a timely manner.
 
Article 35. The fee standards shall be negotiated by the commercial institutions integrating the pay channels and the commercial institutions providing consumer access according to the relevant regulations on price controls and a report for the record shall be filed with the relevant administrative department..
 
Article 36. China's State Administration of Radio, Film and Television shall build the central and provincial technical platforms for the management and activities of pay channels..
The central  technical platform shall be maintained and managed by the supervisory organizations of China's State Administration of Radio, Film and Television to take charge of gathering the data and information about  pay channel activities throughout the country.
 
Article 37. The commercial institutions providing consumer access to pay channels shall timely and truthfully transmit the data and information on the commercial activities of the pay channels to the technical platform or the supervisory organization.
 
Article 38.  The administrative departments of radio and television at all levels and  their personnel shall, according to the law, fulfill the confidentiality obligation of the data and information of the pay channel, and the data and information will not be publicized without authorization.
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