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Telecommunications Regulations of the People's Republic of China

0 CommentsPrint E-mail ChinaITLaw.org, January 20, 2010
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(Adopted at the thirty-first regular meeting of the State Council held on September 20, 2000 and promulgated by Premier Zhu Rongji on September 25, 2000)

Chapter 1 General Principles

Article 1. These Regulations are formulated in order to regulate the order of the telecommunications market, safeguard the legitimate rights and interests of telecommunications subscribers and telecommunications operators, ensure the safety of telecommunications networks and information, and to promote the sound development of the telecommunications industry.

Article 2. Any parties that engage in telecommunications activities or telecommunications-related activities in the People's Republic of China must obey these Regulations.

"Telecommunications" as referred to herein shall mean the transmission, emission or reception of voice, text, data, images and any other form of information using wire or wireless electromagnetic or photoelectric systems.

Article 3. The supervisory department for the information industry under the State Council shall supervise and regulate the telecommunications industry nationwide in accordance with the provisions of these Regulations.

The telecommunications administration authorities of provinces, autonomous regions and municipalities directly under the central government shall, under the leadership of the supervisory department for the information industry under the State Council and in accordance with the provisions of these Regulations, supervise and regulate the telecommunications industry within their respective administrative jurisdictions.

Article 4. The supervision and regulation of the telecommunications industry shall be based on the principles of separation of government administration from enterprise management, elimination of monopoly, encouragement of competition and promotion of development, as well as the principles of openness, fairness and impartiality.

Telecommunications operators shall conduct their businesses in accordance with law, comply with business ethics and accept legal supervision and inspection.

Article 5. Telecommunications operators shall provide telecommunications subscribers with telecommunications services that are fast, accurate, secure, convenient and reasonably-priced.

Article 6. The security of telecommunications networks and information shall be protected by law. No organizations or individuals may use telecommunications networks to engage in activities that jeopardize national security, the public interest of society or the legitimate rights and interests of others.

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