中国电信条例

中国电信条例  颁布单位：国务院 PART ONE GENERAL PROVISIONS Article 1 These Regulations have been formulated in order to regulate the telecommunications market, protect the lawful rights and interests of telecommunications subscribers and telecommunications business operators, ensure 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 in 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 State Council's department in charge of the information industry 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 conform 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. PART TWO TELECOMMUNICATIONS MARKET Section One: 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.