Telecommunication Regulations of the People's Republic of China (Order No. 291 of the State Council) Telecommunication Regulations of the People's Republic of China Telecommunication Regulations of the People's Republic of China Telecommunication Regulations of the People's Republic of China Telecommunication Regulations of the People's Republic of China Decree No. 291 of the State Council of the People's Republic of China Chapter I General Provisions Article 1 in order to regulate the order of the telecommunications market, These Regulations are formulated to safeguard the legitimate 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. These Regulations must be observed when engaging in telecommunications or telecommunications related activities within the territory of the People's Republic of China. The term "telecommunications" as mentioned in these Regulations refers to the activities of transmitting, transmitting or receiving voice, text, data, images and other information in any form by using wired or wireless electromagnetic systems or photoelectric systems.
Article 3 The department in charge of the information industry under the State Council shall, in accordance with the provisions of these Regulations, supervise and administer the telecommunications industry throughout the country. Under the leadership of the competent information industry department under the State Council, the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of these Regulations, exercise supervision and administration over the telecommunications industry in their respective administrative areas.
Article 4 The supervision and administration of telecommunications shall follow the principles of separating government from enterprises, breaking monopoly, encouraging competition, promoting development and being open, fair and just. Telecommunications business operators shall operate in accordance with the law, abide by business ethics, and accept the supervision and inspection implemented in accordance with the law.
Article 5 Telecommunication operators shall provide telecommunication users with prompt, accurate, safe, convenient and reasonably priced telecommunication services.
Article 6 The security of telecommunications networks and information shall be protected by law. No organization or individual may use telecommunications networks to engage in activities that endanger national security, social and public interests or the legitimate rights and interests of others.
Chapter II Telecommunication Market
Section 1 Telecommunication Business License
Article 7 The State implements a licensing system for the operation of telecommunications business according to the classification of telecommunications business. To operate telecommunications business, one must obtain a telecommunications business license issued by the competent department of information industry under the State Council or the telecommunications administration of a province, autonomous region or municipality directly under the Central Government in accordance with the provisions of these Regulations. Without a telecommunications business license, no organization or individual may engage in telecommunications business operations.
Article 8 Telecommunication services are divided into basic telecommunication services and value-added telecommunication services. Basic telecommunication services refer to services that provide public network infrastructure, public data transmission and basic voice communication services. Value added telecommunication service refers to the service of telecommunication and information services provided by public network infrastructure. The specific classification of telecommunication services is listed in the Catalogue of Classification of Telecommunication Services attached to these Regulations. The competent department in charge of the information industry under the State Council may, according to the actual situation, make partial adjustments to the classified items of telecommunications services listed in the catalog and re publish them.
Article 9 The operation of basic telecommunication business must be examined and approved by the competent information industry department of the State Council, and the Basic Telecommunication Business License must be obtained.
The operation of value-added telecommunications services covering more than two provinces, autonomous regions, and municipalities directly under the Central Government must be examined and approved by the competent information industry department of the State Council, and obtain the Trans regional Business License for Value added Telecommunications Services; If the business coverage is within the administrative region of a province, autonomous region or municipality directly under the Central Government, it must be examined and approved by the telecommunications regulatory authority of the province, autonomous region or municipality directly under the Central Government, and obtain the Business License for Value added Telecommunications Business.
Where new technologies are used to pilot new telecommunications services that are not listed in the Classified Catalogue of Telecommunication Services, they shall be filed with the telecommunications regulatory authorities of provinces, autonomous regions and municipalities directly under the Central Government.
Article 10 To operate basic telecommunication services, the following conditions shall be met:
（1） The operator is a company established in accordance with the law that specializes in basic telecommunications business, and the company China has equity or shares of no less than 51%;
（2） Feasibility study report and networking technical scheme are available;
（3） Having funds and professionals suitable for business activities;
（4） There are sites for business activities and corresponding resources;
（5） Having the reputation or ability to provide long-term service for users;
（6） Other conditions stipulated by the state.
Article 11 To apply for the operation of basic telecommunication services, an application shall be submitted to the competent department of information industry under the State Council, and the relevant documents specified in Article 10 of these Regulations shall be submitted. The competent department in charge of the information industry under the State Council shall complete the examination within 180 days from the date of accepting the application and make a decision on whether to approve or not. If it is approved, the Basic Telecommunication Business License shall be issued; If the application is not approved, the applicant shall be notified in writing and the reasons shall be explained.
Article 12 When examining the application for operating basic telecommunications services, the competent information industry department of the State Council shall take into account such factors as national security, telecommunications network security, sustainable utilization of telecommunications resources, environmental protection and competition in the telecommunications market. The issuance of the Basic Telecommunication Business License shall be conducted through bidding in accordance with the relevant provisions of the State.
Article 13 To operate value-added telecommunications services, the following conditions shall be met:
（1） The operator is a company established according to law;
（2） Having funds and professionals suitable for business activities;
（3） Having the reputation or ability to provide long-term service for users;
（4） Other conditions stipulated by the state.
Article 14 To apply for the operation of value-added telecommunications services, an application shall be submitted to the competent department of the information industry under the State Council or the telecommunications administration of a province, autonomous region or municipality directly under the Central Government in accordance with the provisions of the second paragraph of Article 9 of these Regulations, and the relevant documents specified in Article 13 of these Regulations shall be submitted. If the value-added telecommunications business applied for operation is subject to the examination and approval of the relevant competent department in accordance with the relevant provisions of the State, the documents of examination and approval of the relevant competent department shall also be submitted. The competent department of the information industry under the State Council or the telecommunications administration of a province, autonomous region or municipality directly under the Central Government shall complete the examination within 60 days from the date of receiving the application and make a decision on approval or disapproval. If it is approved, it shall issue the Trans regional Value added Telecommunication Business License or the Value added Telecommunication Business License; If the application is not approved, the applicant shall be notified in writing and the reasons shall be explained.
Article 15 If a telecommunications business operator changes its business subject, business scope or stops its business operation in the course of operation, it shall apply to the original license issuing authority 90 days in advance and go through the corresponding procedures; If the business is stopped, it shall also do a good job in dealing with the aftermath in accordance with the relevant provisions of the State.
Article 16 Those who have been approved to operate telecommunications business shall go through the registration formalities with the enterprise registration authority with the telecommunications business license obtained according to law.
Where a private telecommunications network operator operates telecommunications business in the area where it is located, it shall file an application in accordance with the conditions and procedures prescribed in these Regulations, obtain a telecommunications business license upon approval, and go through the registration procedures in accordance with the provisions of the preceding paragraph.
Section 2 Interconnection between telecommunication networks
Article 17 Telecommunications networks shall be interconnected in accordance with the principles of technical feasibility, economic rationality, fairness, impartiality and mutual cooperation.
The leading telecommunication business operator shall not refuse the interconnection requirements put forward by other telecommunication business operators and private network operators.
The term "leading telecommunications business operators" as mentioned in the preceding paragraph refers to operators who control the necessary infrastructure telecommunications facilities and occupy a large share of the telecommunications business market, and can have a substantial impact on other telecommunications business operators' access to the telecommunications business market.
The leading telecommunications business operators shall be determined by the competent information industry department of the State Council.
Article 18 The leading telecommunications business operator shall, in accordance with the principles of non discrimination and transparency, formulate the interconnection procedures, including the procedures, time limits, directory of non bundled network elements and other contents of inter network interconnection. The interconnection regulations shall be submitted to the competent department of information industry under the State Council for examination and approval. The interconnection regulations are binding on the interconnection activities of the leading telecommunications business operators.
Article 19 The interconnection between public telecommunication networks and between public telecommunication networks and private telecommunication networks shall be negotiated by the two parties to the interconnection in accordance with the regulations of the competent department of the information industry under the State Council on the administration of interconnection between networks, and an interconnection agreement shall be concluded. The inter network interconnection agreement shall be filed with the competent department of information industry under the State Council.
Article 20 If the two parties to the inter network interconnection fail to reach an inter network interconnection agreement through consultation, either party may, within 60 days from the date of one party's request for interconnection, apply to the competent department of the information industry under the State Council or the telecommunications administration of the province, autonomous region or municipality directly under the Central Government for coordination according to the coverage of the inter network interconnection; The organ that receives the application shall coordinate in accordance with the principles set forth in Paragraph 1 of Article 17 of these Regulations, so as to promote the parties to the inter network interconnection to reach an agreement; If no agreement can be reached after coordination within 45 days after one or both parties apply for coordination, the coordination authority shall randomly invite telecommunication technical experts and other experts concerned to conduct public demonstration and propose an interconnection scheme. The coordinating organ shall make a decision on the basis of the expert's argumentation conclusion and the proposed inter network interconnection scheme to force interconnection.
Article 21 The two sides of inter network interconnection must achieve interconnection and interworking within the time limit agreed or decided in the agreement.
Without the approval of the competent department in charge of the information industry under the State Council, no party may interrupt the interconnection without authorization. In case of technical barriers to communication in the interconnection between networks, both parties shall immediately take effective measures to eliminate them. If a dispute arises between the two parties in the process of interconnection, it shall be handled in accordance with the procedures and methods specified in Article 20 of these Regulations.
The communication quality of inter network interconnection shall meet the relevant national standards. The leading telecommunication business operator shall provide interconnection between networks to other telecommunication business operators, and the quality of service shall not be lower than that of similar businesses within the network and those provided to its subsidiaries or branches.
Article 22 The cost settlement and allocation of inter network interconnection shall comply with the relevant provisions of the State, and no additional fees shall be charged beyond the prescribed standards. The technical standards, cost settlement measures and specific administrative regulations for inter network interconnection shall be formulated by the competent information industry department of the State Council.
Section 3 Telecommunication tariff
Article 23 The telecommunications tariff standard shall follow the cost based pricing principle, taking into account the requirements of national economic and social development, the development of the telecommunications industry, the affordability of telecommunications users and other factors.
Article 24 Telecommunication tariffs are divided into market regulated prices, government guided prices and government fixed prices.
The basic telecommunication service tariff shall be set by the government, guided by the government or regulated by the market; The tariff for value-added telecommunications services shall be subject to market adjusted prices or government guided prices.
For telecommunication services with sufficient market competition, the telecommunication tariff is subject to market regulation. The catalogues for the classified management of telecommunications tariffs, which are subject to government pricing, government guided pricing and market regulated pricing, shall be formulated by the competent department of the information industry under the State Council after soliciting opinions from the competent department of pricing under the State Council and promulgated for implementation.
Article 25 The competent department of the information industry under the State Council shall put forward a plan for the tariff standards for important telecommunications services set by the government, which shall be published and implemented after soliciting the opinions of the competent department of pricing under the State Council and submitting it to the State Council for approval.
The range of telecommunication service tariff standards for government guided prices shall be formulated, announced and implemented by the competent department of information industry under the State Council after soliciting opinions from the competent department of pricing under the State Council. Within the standard range, the telecommunications business operator shall independently determine the tariff standard and report it to the telecommunications regulatory authority of the province, autonomous region or municipality directly under the Central Government for the record.
Article 26 The formulation of the standards for telecommunication service charges set by the government and guided by the government shall take the form of holding hearings, etc., and listen to the opinions of telecommunication service operators, telecommunication users and other relevant parties.
The telecommunications business operator shall provide accurate and complete business cost data and other relevant materials according to the requirements of the competent department of the information industry under the State Council and the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government.
Section 4 Telecommunication Resources
Article 27 The State implements the system of paid use of telecommunications resources for unified planning, centralized management and rational distribution. The term "telecommunication resources" as mentioned in the preceding paragraph refers to the limited resources such as radio frequencies, satellite orbital positions, telecommunication network codes, etc. used to realize telecommunication functions.
Article 28 Telecommunication service operators shall pay telecommunication resource fees when they possess and use telecommunication resources. The specific charging measures shall be formulated by the competent department of the information industry under the State Council in conjunction with the financial department and the competent department of pricing under the State Council, and shall be promulgated for implementation after being submitted to and approved by the State Council.
Article 29 The allocation of telecommunication resources shall take into account the planning, use and expected service capacity of telecommunication resources. Telecommunication resources can be allocated by means of assignment or auction. Where the right to use telecommunication resources is obtained, the allocated resources shall be used within the prescribed time limit and the minimum utilization scale shall be reached. Without the approval of the competent department of the information industry under the State Council or the telecommunications administration of a province, autonomous region, or municipality directly under the Central Government, it is not allowed to use, transfer, lease or change the use of telecommunications resources.
Article 30 After the users of telecommunication resources have obtained the telecommunication network code resources according to law, the leading telecommunication business operators and other relevant units have the obligation to take necessary technical measures to cooperate with the users of telecommunication resources to realize the functions of their telecommunication network code resources. If there are other special provisions on telecommunication resource management in laws and administrative regulations, such provisions shall prevail.
Chapter III Telecommunication Services
Article 31 A telecommunications business operator shall provide services to telecommunications users in accordance with the telecommunications service standards prescribed by the State. The types, scope, tariff standards and time limits of services provided by telecommunications business operators shall be announced to the public and reported to the telecommunications regulatory authorities of provinces, autonomous regions and municipalities directly under the Central Government for the record. Telecommunication users have the right to independently choose to use all kinds of telecommunication services established according to law.
Article 32 Where a telecommunication user applies for installing or relocating telecommunication terminal equipment, the telecommunication business operator shall ensure the installation and operation within the time limit announced by him; In case of failure to install and open the equipment within the time limit due to the reasons of the telecommunications business operator, a penalty of 1% of the installation fee, relocation fee or other fees collected shall be paid to the telecommunications users every day.
Article 33 Where a telecommunication user declares that there is an obstacle to telecommunication services, the telecommunication business operator shall, within 48 hours in urban areas and 72 hours in rural areas from the date of receiving the notice, repair or adjust the service; If it cannot be repaired or adjusted on time, it shall notify the telecommunications users in a timely manner and be exempted from the monthly rent during the obstacle period. However, the exception shall be the obstacles to telecommunication services caused by telecommunication terminal equipment.
Article 34 Telecommunication operators shall provide convenience for telecommunication users to pay fees and inquire. Where a telecommunications user requests to provide a list of charges for domestic long-distance communications, international communications, mobile communications and information services, the telecommunications business operator shall provide it free of charge. When a telecommunication user has an abnormal huge telecommunication expense, the telecommunication business operator shall, as soon as possible, notify the telecommunication user and take corresponding measures. The term "huge telecommunication expenses" as mentioned in the preceding paragraph refers to the expenses that suddenly exceed the average telecommunication expenses of telecommunication users by more than five times in the previous three months.
Article 35 Telecommunication users shall pay telecommunication fees to telecommunication business operators in full and on time in accordance with the agreed time and manner; If a telecommunication user fails to pay the telecommunication fee within the time limit, the telecommunication business operator shall have the right to demand the payment of the telecommunication fee, and may additionally charge a penalty of 3 ‰ of the overdue fee per day. The telecommunication business operator may suspend the provision of telecommunication services to the telecommunication users who still fail to pay the telecommunication fees 30 days after the agreed period for charging fees. If a telecommunication user fails to pay the telecommunication fees and liquidated damages within 60 days of the suspension of service by the telecommunication business operator, the telecommunication business operator may terminate the provision of services and may recover the arrears and liquidated damages according to law. Operators of mobile telecommunication services may agree with telecommunication users on the time limit and method of payment of telecommunication fees, and are not subject to the time limit specified in the preceding paragraph. The telecommunications business operator shall resume the suspended telecommunications services within 48 hours after the telecommunications users who have delayed in paying the telecommunications fees have made up for the telecommunications fees and liquidated damages.
Article 36 Where a telecommunications business operator affects or may affect normal telecommunications services due to project construction, network construction or other reasons, it must inform the users in a timely manner within the prescribed time limit and report to the telecommunications administration of the province, autonomous region or municipality directly under the Central Government. If telecommunications services are interrupted due to the reasons mentioned in the preceding paragraph, the telecommunications business operator shall reduce or exempt the relevant fees of users during the interruption of telecommunications services. In the event that the circumstances specified in the first paragraph of this Article occur and the telecommunications business operator fails to inform the user in time, it shall compensate the user for the losses caused thereby.
Article 37 Telecommunication operators operating local telephone services and mobile phone services shall provide users with public welfare telecommunication services such as fire alarm, bandit alarm, medical emergency, traffic accident alarm, etc. free of charge, and ensure smooth communication lines.
Article 38 Telecommunication operators shall provide equal and reasonable access services to group users who need to access their telecommunication networks through trunk lines in a timely manner. Without approval, telecommunications business operators shall not interrupt access services without authorization.
Article 39 Telecommunication operators shall establish and improve their internal service quality management system, and may formulate and publish enterprise standards that are higher than the telecommunication service standards set by the State. Telecom operators should take various forms to listen to the opinions of telecom users, accept social supervision, and constantly improve the quality of telecom services.
Article 40 If the telecommunication services provided by telecommunication business operators fail to meet the telecommunication service standards prescribed by the State or the enterprise standards published by them, or if telecommunication users have objections to the payment of telecommunication fees, the telecommunication users have the right to request the telecommunication business operators to solve the problem; If the telecommunication business operator refuses to solve the problem or the telecommunication user is dissatisfied with the result of the solution, the telecommunication user has the right to appeal to the competent department of the information industry under the State Council or the telecommunication administration of the province, autonomous region or municipality directly under the Central Government or other relevant departments. The organ receiving the appeal must deal with the appeal in a timely manner and reply to the complainant within 30 days from the date of receiving the appeal. If a telecommunication user has any objection to the payment of local telephone charges, the telecommunication service operator shall also provide the basis for local telephone charges free of charge at the request of the telecommunication user, and shall be obliged to take necessary measures to assist the telecommunication user in finding out the reasons.
Article 41 A telecommunications business operator shall not commit any of the following acts in telecommunications services:
（1） Restrict telecommunication users to use their designated services in any way;
（2） Restrict telecommunication users from purchasing telecommunication terminal equipment designated by them or refuse telecommunication users to use their own telecommunication terminal equipment that has obtained network access permission;
（3） In violation of State regulations, change the tariff standards without authorization or in a disguised form, and increase or increase the charging items without authorization or in a disguised form;
（4） Refusing, delaying or suspending telecommunication services to telecommunication users without justified reasons;
（5） Failing to fulfill the commitments made publicly or making false propaganda that is easy to cause misunderstanding to telecommunication users;
（6） To create difficulties for telecommunication users by improper means or retaliate against telecommunication users who complain.
Article 42 Telecommunications business operators shall not commit any of the following acts in their telecommunications business activities:
（1） Restrict telecommunication users in any way from choosing telecommunication services run by other telecommunication business operators according to law;
（2） Make unreasonable cross subsidies to different businesses;
（3） To provide telecommunication services or services below cost for the purpose of excluding competitors, and conduct unfair competition.
Article 43 The department in charge of the information industry under the State Council or the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with their functions and powers, supervise and inspect the quality of telecommunications services and business activities of telecommunications business operators, and publish the results of the supervision and random inspection to the public.
Article 44 Telecommunications business operators must perform the corresponding obligations of universal telecommunications services in accordance with the relevant provisions of the State. The competent department in charge of the information industry under the State Council may determine the specific obligations of telecommunications business operators to undertake universal telecommunications services by means of designation or bidding. The administrative measures for the cost compensation of universal telecommunications services shall be formulated by the competent department of the information industry of the State Council in conjunction with the financial department and the pricing department of the State Council, and shall be promulgated for implementation after being submitted to and approved by the State Council.
Chapter IV Telecommunication Construction
Section 1 Construction of Telecommunication Facilities
Article 45 The construction of public telecommunications networks, private telecommunications networks and radio and television transmission networks shall be subject to the overall planning and industry management of the competent department of the information industry under the State Council. The construction of public telecommunications networks, private telecommunications networks, and radio and television transmission networks that belong to national information network projects or construction projects above the quota set by the State shall obtain the consent of the competent department of the information industry under the State Council before being submitted for approval in accordance with the procedures for examination and approval of national capital construction projects. Basic telecommunication construction projects shall be incorporated into the overall urban construction plans of local people's governments at all levels and the overall plans for the construction of villages, towns and market towns.
Article 46 Supporting telecommunications facilities shall be installed in urban construction and in the construction of villages, towns and market towns. Telecommunication pipelines and wiring facilities in buildings and telecommunication pipelines within the scope of construction project land shall be included in the design documents of the construction project, and shall be constructed and accepted together with the construction project. The required funds shall be included in the budget estimates of construction projects. When planning and constructing roads, bridges, tunnels or subways, the relevant units or departments shall notify the telecommunications administrations and telecommunications business operators of provinces, autonomous regions and municipalities directly under the Central Government in advance, and negotiate the reservation of telecommunications pipelines and other matters.
Article 47 A basic telecommunications business operator may attach telecommunications lines or set up small antennas, mobile communication base stations and other public telecommunications facilities on a civil building, but shall notify the owner or user of the building in advance, and pay royalties to the owner or other owner of the building in accordance with the standards prescribed by the people's government of the province, autonomous region, or municipality directly under the Central Government.
Article 48 The construction of underground, underwater and other concealed telecommunications facilities and high-altitude telecommunications facilities shall be marked in accordance with the relevant provisions of the State. When building submarine telecommunication cables, basic telecommunication business operators shall obtain the consent of the competent information industry department under the State Council and consult with the relevant departments before going through the relevant procedures according to law. Submarine telecommunication cables shall be marked on charts by the relevant departments under the State Council.
Article 49 No unit or individual may, without authorization, alter or relocate the telecommunications lines and other telecommunications facilities of others; If it is necessary to change or relocate under special circumstances, the consent of the owner of the telecommunications facility shall be obtained, and the unit or individual requesting the change or relocation shall bear the costs of the change or relocation and compensate for the economic losses caused thereby.
Article 50 Those engaged in construction, production, tree planting and other activities shall not endanger the safety of telecommunications lines or other telecommunications facilities or impede the smooth flow of the lines; Where the safety of telecommunications may be endangered, the relevant telecommunications business operators shall be notified in advance, and the units or individuals engaged in such activities shall be responsible for taking necessary safety protection measures. If, in violation of the provisions of the preceding paragraph, telecommunications lines or other telecommunications facilities are damaged or lines are obstructed, they shall be restored to their original state or repaired, and the economic losses caused thereby shall be compensated.
Article 51 In the construction of telecommunication lines, a necessary safety distance shall be kept from the established telecommunication lines; If it is difficult to avoid or must cross, or it is necessary to use the existing telecommunications pipeline, it shall negotiate with the owner of the existing telecommunications pipeline and sign an agreement; If no agreement can be reached through consultation, the competent department of information industry under the State Council or the telecommunications administration of the province, autonomous region, or municipality directly under the Central Government shall, according to different circumstances, coordinate and resolve the matter.
Article 52 No organization or individual may prevent or hinder the basic telecommunications business operator from engaging in the construction of telecommunications facilities and providing public telecommunications services to telecommunications users according to law; However, the areas prohibited or restricted by the State shall be excluded.
Article 53 Telecommunication vehicles carrying out special communication, emergency communication and emergency repair and rescue tasks may, with the approval of the public security and traffic administration organs, be exempt from the restrictions of various signs prohibiting the passage of motor vehicles on the premise of ensuring traffic safety and smoothness.
Section 2 Access of telecommunication equipment
Article 54 The State implements a network access licensing system for telecommunications terminal equipment, radio communication equipment and equipment involving interconnection between networks. Telecommunication terminal equipment, radio communication equipment and equipment involving inter network interconnection connected to the public telecommunications network must meet the standards set by the State and obtain network access licenses. The catalogue of telecommunication equipment subject to the network access licensing system shall be formulated, promulgated and implemented by the competent department of information industry under the State Council in conjunction with the product quality supervision department under the State Council.
Article 55 Anyone who applies for a network access license for telecommunications equipment shall submit an application to the competent department of the information industry under the State Council, and attach the test report issued by a telecommunications equipment testing institution recognized by the department of product quality supervision under the State Council or the product quality certification certificate issued by a certification institution. The competent department in charge of the information industry under the State Council shall, within 60 days from the date of receiving the application for the network access license of telecommunications equipment, complete the examination of the application, the test report of telecommunications equipment or the product quality certification certificate. If it passes the examination, it shall issue a network access license; If it is not qualified after examination, it shall give a written reply and explain the reasons.
Article 56 Telecommunication equipment manufacturing enterprises must ensure the stability and reliability of the quality of telecommunication equipment with network access licenses, and must not reduce the quality and performance of products. The telecommunication equipment manufacturing enterprise shall paste the network access license sign on the telecommunication equipment produced by it that has obtained the network access license. The product quality supervision department under the State Council shall, together with the competent department of the information industry under the State Council, conduct quality tracking, supervision and random inspection on the telecommunication equipment that has obtained the network access license, and publish the results of the random inspection.
Chapter V Telecommunication Security
Article 57 No organization or individual may use telecommunications networks to produce, copy, publish or disseminate information containing the following contents:
（1） Opposing the basic principles set forth in the Constitution;
（2） Endangering national security, divulging state secrets, subverting state power and undermining national unity;
（3） Damage to national honor and interests;
（4） Inciting national hatred and discrimination, and undermining national unity;
（5） Those who undermine the state's religious policy and promote heresy and feudal superstition;
（6） Spreading rumors, disturbing social order and undermining social stability;
（7） Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;
（8） Insult or slander others, and infringe upon the lawful rights and interests of others;
（9） Containing other contents prohibited by laws and administrative regulations.
Article 58 No organization or individual may commit any of the following acts that endanger the security of telecommunications networks and information security:
（1） Delete or modify the functions of the telecommunications network or the data and application programs stored, processed and transmitted;
（2） Taking advantage of the telecommunication network to engage in activities of stealing or destroying the information of others or damaging the legitimate rights and interests of others;
（3） Deliberately making, duplicating, spreading computer viruses or attacking other people's telecommunications networks and other telecommunications facilities in other ways;
（4） Other acts endangering the security of telecommunications network and information security.
Article 59 No organization or individual may commit any of the following acts that disrupt the order of the telecommunications market:
（1） Unauthorized operation of international or Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan telecommunications business by renting international telecommunications lines, setting up private transfer equipment or other methods;
（2） Connect another person's telecommunication line illegally, copy another person's telecommunication code and number, and use the telecommunication facility or code that is knowingly connected or copied illegally;
（3） Forge or alter telephone cards and other valuable certificates of telecommunications services;
（4） Go through network access procedures and use mobile phones with false and fraudulent identity documents.
Article 60 Telecommunications business operators shall, in accordance with the relevant provisions of the State on telecommunications security, establish and improve the internal security guarantee system and implement the security guarantee responsibility system.
Article 61 In the design, construction and operation of telecommunications networks, telecommunications business operators shall plan, construct and operate simultaneously with the requirements of national security and telecommunications network security.
Article 62 In the public information service, if a telecommunications business operator finds that the information transmitted in the telecommunications network obviously belongs to the content listed in Article 57 of these Regulations, it shall immediately stop the transmission, keep the relevant records, and report to the relevant state organs.
Article 63 Telecommunication users shall be responsible for the contents of information transmitted through telecommunication networks and the consequences thereof. If the information transmitted by telecommunication users through telecommunication networks belongs to state secret information, security measures must be taken in accordance with the provisions of the Law on Guarding State Secrets.
Article 64 In the event of an emergency such as a major natural disaster, the competent department of the information industry under the State Council may, with the approval of the State Council, use various telecommunications facilities to ensure the smooth flow of important communications.
Article 65 International communications business within the territory of the People's Republic of China must be conducted through the International Communications Import and Export Bureau approved by the competent information industry department of the State Council. Communications between the mainland of China and the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan shall be handled with reference to the provisions of the preceding paragraph.
Article 66 The freedom and privacy of telecommunications users in their lawful use of telecommunications shall be protected by law. No organization or individual may inspect the telecommunication content for any reason, except that the public security organ, the national security organ or the People's Procuratorate shall inspect the telecommunication content in accordance with the procedures prescribed by law to meet the needs of national security or the investigation of criminal offences. Telecommunications business operators and their staff members shall not, without authorization, provide others with the content of information transmitted by telecommunications users using telecommunications networks.
Chapter VI Penalty Provisions
Article 67 Those who violate the provisions of Articles 57 and 58 of these Regulations and constitute a crime shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, the public security organ and the State security organ shall punish it in accordance with the provisions of relevant laws and administrative regulations.
Article 68 Anyone who commits one of the acts listed in Items (2), (3) and (4) of Article 59 of these Regulations, disrupting the order of the telecommunications market and constituting a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, the competent department of the information industry under the State Council or the telecommunications regulatory agency of a province, autonomous region or municipality directly under the Central Government shall, according to their functions and powers, order them to make corrections, confiscate their illegal income, and impose a fine of not less than three times but not more than five times their illegal income; If there is no illegal income or the illegal income is less than 10000 yuan, a fine of 10000 yuan to 100000 yuan shall be imposed.
Article 69 If anyone, in violation of the provisions of these Regulations, forges, fraudulently uses or transfers the telecommunications business operation license, the network access license for telecommunications equipment, or fabricates the number of the network access license marked on telecommunications equipment, the competent information industry department of the State Council or the telecommunications administration of a province, autonomous region or municipality directly under the Central Government shall confiscate the illegal income according to their functions and powers, A fine of not less than three times but not more than five times the illegal gains shall be imposed; If there is no illegal income or the illegal income is less than 10000 yuan, a fine of 10000 yuan to 100000 yuan shall be imposed.
Article 70 Anyone who, in violation of the provisions of these Regulations, commits one of the following acts shall be ordered by the competent information industry department of the State Council or the telecommunications regulatory authority of a province, autonomous region, or municipality directly under the Central Government to make corrections according to their functions and powers, and the illegal gains shall be confiscated, and a fine of not less than three times but not more than five times the illegal gains shall be imposed; If there is no illegal income or the illegal income is less than 50000 yuan, a fine of 100000 yuan to 1 million yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification:
（1） Violating the provisions of the third paragraph of Article 7 of these Regulations or committing the acts listed in the first paragraph of Article 59 of these Regulations, operating telecommunications business without authorization, or operating telecommunications business beyond the scope;
（2） Failing to pass the approval of the competent department of the information industry under the State Council, establishing an international communication gateway for international communication;
（3） Unauthorized use, transfer, lease or change the use of telecommunication resources;
（4） Unauthorized interruption of interconnection or access services between networks;
（5） Refusing to perform the obligation of universal service.
Article 71 Anyone who, in violation of the provisions of these Regulations, commits one of the following acts shall be ordered by the competent information industry department of the State Council or the telecommunications regulatory authority of a province, autonomous region or municipality directly under the Central Government to make corrections according to their functions and powers, and his illegal income shall be confiscated and he shall be fined not less than one time but not more than three times his illegal income; If there is no illegal income or the illegal income is less than 10000 yuan, a fine of not less than 10000 yuan but not more than 100000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification:
（1） Charging additional fees in violation of regulations in the interconnection between telecommunication networks;
（2） Failing to take effective measures to eliminate technical barriers of inter network communication;
（3） Unauthorized provision to others of the content of information transmitted by telecommunication users using telecommunication networks;
（4） Refusing to pay the fee for the use of telecommunications resources in accordance with regulations.
Article 72 Those who, in violation of the provisions of Article 42 of these Regulations, conduct unfair competition in the operation of telecommunications business shall be ordered by the competent information industry department of the State Council or the telecommunications regulatory authorities of provinces, autonomous regions and municipalities directly under the Central Government to make corrections according to their functions and powers, and shall be fined not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.
Article 73 Anyone who violates the provisions of these Regulations and commits one of the following acts shall be ordered by the competent department of information industry under the State Council or the telecommunications administration of a province, autonomous region or municipality directly under the Central Government to make corrections and be fined not less than 50000 yuan but not more than 500000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification:
（1） Refusing the request for interconnection put forward by other telecommunication business operators;
（2） Refusing to implement the interconnection and interworking decisions made by the competent information industry department of the State Council or the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government according to law;
（3） The quality of service provided to other telecommunication business operators for interconnection between networks is lower than that of the network and its subsidiaries or branches.
Article 74 In violation of the provisions of the first paragraph of Article 34 and the second paragraph of Article 40 of these Regulations, when a telecommunications business operator refuses to provide a list of charges for domestic long-distance communications, international communications, mobile communications and information services for telecommunications users free of charge, or when a telecommunications user has an objection to the payment of local telephone charges and makes a request, If it refuses to provide free local telephone charging basis for telecommunication users, the telecommunication administration of the province, autonomous region or municipality directly under the Central Government shall order it to make corrections and apologize to the telecommunication users; Those who refuse to correct and apologize shall be given a warning and fined not less than 5000 yuan but not more than 50000 yuan.
Article 75 In case of violation of the provisions of Article 41 of these Regulations, the telecommunications administration of a province, autonomous region or municipality directly under the Central Government shall order it to make corrections, apologize to the telecommunications users and compensate for the losses of the telecommunications users; Those who refuse to make corrections, apologize and compensate for losses shall be given a warning and fined not less than 10000 yuan but not more than 100000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.
Article 76 Those who, in violation of the provisions of these Regulations, commit one of the following acts shall be ordered to make corrections and imposed a fine of not less than 10000 yuan but not more than 100000 yuan by the telecommunications administration of the province, autonomous region or municipality directly under the Central Government:
（1） Selling telecommunication terminal equipment without network access license;
（2） Illegally preventing or obstructing telecommunication business operators from providing public telecommunication services to telecommunication users;
（3） Altering or relocating another person's telecommunications lines or other telecommunications facilities without authorization.
Article 77 Those who, in violation of the provisions of these Regulations, reduce the quality and performance of products after obtaining the network access license for telecommunications equipment shall be punished by the product quality supervision department in accordance with the provisions of relevant laws and administrative regulations.
Article 78 If a person commits one of the prohibited acts listed in Articles 57, 58 and 59 of these Regulations and the circumstances are serious, the original license issuing authority shall revoke his telecommunications business license. After the competent department in charge of the information industry under the State Council or the telecommunications administration of a province, autonomous region, or municipality directly under the Central Government revokes its telecommunications business license, it shall notify the enterprise registration authority.
Article 79 Any staff member of the competent department of the information industry under the State Council or the telecommunications administration of a province, autonomous region or municipality directly under the Central Government who neglects his duty, abuses his power or engages in malpractices for personal gain, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, administrative sanctions shall be given according to law.
Chapter VII Supplementary Provisions
Article 80 Specific measures for foreign organizations or individuals to invest in and operate telecommunications services within the territory of the People's Republic of China and for organizations or individuals from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan to invest in and operate telecommunications services in the mainland shall be formulated separately by the State Council.
Article 81 These Regulations shall come into force as of the date of promulgation.
Appendix: Classification Catalog of Telecommunication Services I. Basic Telecommunication Services
（1） Fixed network domestic long-distance and local telephone services;
（2） Mobile network telephone and data services;
（3） Satellite communication and satellite mobile communication services;
（4） Internet and other public data transmission services;
（5） Leasing and selling of bandwidth, wavelength, optical fiber, optical cable, pipeline and other network elements;
（6） Network carrying, access and network outsourcing;
（7） International communication infrastructure and international telecommunications services;
（8） Wireless paging service;
（9） Resale of basic telecommunications services.
Items (8) and (9) shall be managed by reference to value-added telecommunications services.
2、 Value added telecommunication service
（1） E-mail;
（2） Voice mailbox;
（3） Online information inventory storage and retrieval;
（4） Electronic data interchange;
（5） Online data processing and transaction processing;
（6） Value-added fax;
（7） Internet access service;
（8） Internet information service;
（9） Video conference service.