Administrative Measures for the Telecommunication Business Operating Licenses
Administrative Measures for the Telecommunication Business Operating Licenses
Administrative Measures for the Telecommunication Business Operating Licenses
Order of Ministry of Information Industry [2001] No.19
December 26, 2001
The "Administrative Measures for the Telecommunication Business Operating Licenses", which were adopted at the 8th executive meeting of this Ministry on November 8, 2001, are hereby promulgated, and shall come into force on January 1, 2002.
Minister Wu Jichuan
Administrative Measures for the Telecommunication Business Operating Licenses
Chapter 1: General Provisions
Article 1 These Measures are formulated in accordance with the Telecommunications Regulations of the People's Republic of China and the provisions of other laws and administrative regulations for the purposes of standardizing the administration of licenses for telecom service operation.
Article 2 These Measures shall be applicable to the application for, examination and approval of, and administration of licenses for telecom business operation within the territory of the People's Republic of China. If the State specified otherwise, such other provisions shall prevail.
The specific measures for issuing licenses for basic telecom business operation by means of tender offer shall be formulated by the Ministry of Information Industry separately.
Article 3 The Ministry of Information Industry and communications administrative bureaus at levels of province, autonomous region, and municipality directly under the Central Government are the approval administrative authorities for licenses for telecom service operation.
In the approval administration on licenses for telecom service operation, telecom administrative authorities shall comply with the principles of openness, fairness, and impartiality.
Article 4 In the event of conducting telecom service operation activities, the telecom service operators shall be in conformity with the provisions in the license for telecom service operation and subject to the supervision and administration on telecom authorities.
Operation of telecom services by telecom service operators according to the provisions in the license for telecom service operation shall be subject to the protection of the State laws.
Chapter 2: Applications for Operation
Article 5 Those applying for operation of basic telecom services shall be in conformity with the provisions of Article 10 of the Telecommunications Regulations of the People's Republic of China and the following conditions:
1. Any such applicant's registered capital shall be at least RMB200 million, if its operation is within a province, autonomous region, or municipality directly under the Central Government; or at least RMB2 billion, if its operation is nationwide or covers more than one province, autonomous region, or municipality directly under the Central Government; and
2. Any such applicant shall be free of any significant law violation act for the latest three-year period.
Article 6 Those applying for operation of value-added telecom services shall be in conformity with the provisions of Article 13 of the Telecommunications Regulations of the People's Republic of China and the following conditions:
1. Any such applicant's registered capital shall be at least RMB1 million, if its operation is within a province, autonomous region, or municipality directly under the Central Government; or at least RMB10 million, if its operation is nationwide or covers more than one province, autonomous region, or municipality directly under the Central Government;
2. Any such applicant shall have the feasibility study report and the relevant technical plan;
3. Any such applicant shall have the necessary sites and facilities; and
4. Any such applicant shall be free of any significant law violation act for the latest three-year period.
Article 7 When applying for operation of basic telecom services, the applicant shall submit the following application materials to the Ministry of Information Industry:
1. Written application for operating basic telecom services, which is signed by the company's legal representative and includes content such as the type of the telecom service to be operated as covered by the application, service coverage, and the company's name, mailing address, post code, contact person, contact telephone, email address, etc.;
2. Duplicate copy and photocopy of the company's business license for an enterprise legal person;
3. Basic facts about the company, including basic information on the company, structure and management situation of the organization planning to conduct the relevant telecom service, information on its technological strength and operation managerial personnel, sites and facilities commensurate with the operation activities to be conducted, etc.;
4. The company's latest annual financial and accounting report for an enterprise legal person or capital verification report, as audited by an accounting firm, and other related accounting materials specified by the Ministry of Information Industry;
5. The company's articles of association, its equity structure, and relevant information on its shareholders;
6. Business development feasibility study report, including content such as the business development and implementation plan for the telecom service to be operated as covered by the application, service items, service coverage, market research and analysis, charging plan, expected service quality, investment analysis, and analysis on social benefit and economic benefit;
7. Technical plan for network formation, including content such as network structure, network scale, network construction plan, network interconnection plan, technical standards, configuration of the telecom equipment, and plan for use of telecom resources, etc.;
8. Measures for providing users with long-term services and quality assurance;
9. Measures for ensuring network and information security;
10. Relevant materials certifying the company's reputation; and
11. Letter stating the company's undertaking on lawful operation of telecom services, as signed by the company's legal representative.
When applying for operation of radio communications services, the applicant shall submit the opinion issued by the radio administrative agency of the State on the pre-allocation of the radio frequency resources.
Any applicant that has not obtained its business license for an enterprise legal person shall submit the enterprise name pre-approval notice for the company, without having to submit the documents specified in Items 2 and 10 of Paragraph 1 herein. The written application specified in Item (1) of Paragraph 1 and the letter stating the company's undertaking specified in Item (11) shall be signed by all of the shareholders, if a limited liability company is to be established, or by all of the sponsors, if a joint stock company is to be established.
Article 8 When applying for operation of value-added telecom services, the applicant shall submit the following application materials to the relevant telecom administrative authority:
1.
......