Measures for the Administration of Telecom Business Licensing
Measures for the Administration of Telecom Business Licensing
Measures for the Administration of Telecom Business Licensing
Order of the Ministry of Industry and Information Technology No. 5
March 1, 2009
The Measures for the Administration of Telecom Business Licensing, which were adopted at the 6th Ministerial Affairs Meeting of the Ministry of Industry and Information Technology of the People's Republic of China on February 4, 2009, are hereby promulgated and shall come into force on April 10, 2009. The Measures for the Administration of Telecom Business Permit (Order of the Ministry of Information Industry issues People's Republic of China No. 19) promulgated by the former Ministry of Information Industry issues People's Republic of China on December 26, 2001 shall be annulled on the same date.
Minister: Li Yizhong
Measures for the Administration of Telecom Business Licensing
Chapter I General Provisions
Article 1 These Measures are formulated in order to strengthen the administration of telecom business licensing, in accordance with the Telecom Regulations of the People's Republic of China and other laws and regulations.
Article 2 These Measures shall apply to the application for, examination, approval and administration of telecom business permit (hereinafter "permit") within the territory of the People's Republic of China.
Article 3 The Ministry of Industry and Information Technology of the People's Republic of China (MIIT) and the communications administration bureaus of all provinces, autonomous regions and municipalities under the Central Government (hereinafter "telecom authority") are the examination and approval authorities of permit.
The telecom authority shall strict to the principles of convenience, efficiency, openness, fairness and equality in the administration of examination and approval of permit.
Article 4 A permit issued by the telecom authority shall be obtained according to law for operation of telecom business.
The telecom operator shall comply with the stipulations of the permit, accept and coordinate with the telecom authority in terms of supervision and administration in telecom business operation activities.
Telecom operators that engage in telecom business according to the stipulations of the business permit shall be protected by the laws of the State.
Chapter II Application for Permit
Article 5 The following conditions shall be satisfied to apply for operating basic telecom business:
1. The operator shall be a duly established company specialized in basic telecom business, the percentage of state-held equity or shares in which shall not be less than 51%.
2. The operator shall have development study report and technical scheme on network building.
3. The operator shall have capital and personnel sufficient for the operation activities.
4. The operator shall have sites, facilities and corresponding resources for the operation activities.
5. The operator shall have the good will and competence for providing long-term services to users.
6. Operator which carries out business within the scope of a province, autonomous region or municipality under the Central Government shall have a registered capital with a lower limit of RMB100,000,000; operator which carries out business within the scope of the country or cross provinces, autonomous regions or municipalities under the Central Government shall have a registered capital with a lower limit of RMB1,000,000,000.
7. The operator its principal contributor and its principal management have no record of violation of telecom supervision and administration system within three (3) years.
8. Other conditions stipulated by the State.
Article 6 The following conditions shall be satisfied to apply for operating value-added telecom business:
1. The operator shall be a duly established company.
2. The operator shall business have capital and personnel sufficient for the operation activities.
3. The operator shall have the good will and competence for providing long-term services to users.
4. Operator which carries out business within the scope of a province, autonomous region or municipality under the Central Government shall have a registered capital with a lower limit of RMB1,000,000; operator which carries out business within the scope of the country or cross provinces, autonomous regions or municipalities under the Central Government shall have a registered capital with a lower limit of RMB10,000,000.
5. The operator shall have necessary sites, facilities and technical scheme for the operation activities.
6. The operator, its principal contributor and its principal management have no record of violation of telecom supervision and administration system within three (3) years.
7. Other conditions stipulated by the State.
Article 7 The following materials shall be submitted to the MIIT to apply for basic telecom business permit:
1. Written application for operating basic telecom business signed by the legal representative of the company, specifying the type and coverage of the applied telecom business, company name, correspondence address, postal code, liaison person, telephone and e-mail of the company.
2. Counterpart and copy of the enterprise legal person permit of the company.
3. Profile of the company, including basic information of the company, organizational structure, management status, technical strength and management personnel of the telecom business proposed to be operated, and site and facilities suitable for the business.
4. The latest annual financial statement of enterprise legal person audited by accounting firm or report on capital verification and other relevant accounting materials required by the MIIT.
5. Articles of association, equity structure of the company and information of the shareholders.
6. Business development study report, including development and implementation plan of the telecom business applied for operation, service items, coverage of business, charge scheme, prospected charge quality and benefit analysis.
7. Technical scheme on network building, including structure, scale, building plan, interconnection plan, technical standard of the network, deploy of telecom facility and application plan of telecom resources.
8. Measures for providing long-term services and quality warranty for users.
9. Guaranty measures for network and information safety.
10. Relevant materials certifying the company's good will.
11. Commitment for legal operation of telecom business signed by the legal representative of the company.
Applicants without enterprise legal person permit shall submit the preliminary verification notification of enterprise name of the company and need not submit the materials provided in Item 2 and Item 10 of the preceding Paragraph.
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