The international communication facilities mentioned in these Provisions include international communication entrances and exits, international transmission networks and other telecommunication facilities.
International communication entrances and exits include international communication channel entrances and exits, international communication business entrances and exits and international communication entrances and exits in border areas.
International transmission network refers to all wired, wireless, satellite and other telecommunication facilities that communicate from the entrance and exit of international communication channels in China to overseas countries and regions. Article 3 The Ministry of Information Industry shall supervise and administer the construction of international communication facilities in accordance with these Provisions.
The communication administrations of provinces, autonomous regions and municipalities directly under the Central Government, under the leadership of the Ministry of Information Industry, shall supervise and manage the construction of international communication facilities within their respective administrative areas in accordance with these Provisions. Article 4 The construction and management of international communication facilities shall follow the principles of safeguarding national communication sovereignty, ensuring communication network and information security, breaking monopoly, encouraging competition, promoting rational utilization of resources, maintaining market order of communication construction, and being open, fair and just. Article 5 The construction of entrances and exits of international transmission networks and international communication channels must have the right to operate international communication infrastructure.
International communication service entrances and exits in border areas and the construction of international communication entrances and exits must have the right to operate international communication services. Article 6 The construction of international communication facilities must abide by the relevant laws and regulations of China and safeguard the national rights and interests of China.
The construction of international communication facilities must meet the requirements of the national international communication development plan.
The construction of international communication facilities must conform to the relevant provisions of national security and be equipped with safety facilities required by relevant state departments. Article 7 The right to operate the import and export of international transmission networks and international communication channels in China and territorial waters must be owned by the telecom operators who have obtained the right to operate the international communication infrastructure in China.
The right to operate and maintain the entrances and exits of international communication services in China's territory, territorial sea and border areas must be owned by the telecom operators who have obtained the right to operate international communication services in China. Article 8 The Comprehensive Planning Department of the Ministry of Information Industry is specifically responsible for the preparation of international communication development plans, and manages the construction of international communication facilities according to the plans. Article 9 The construction of international communication facilities must be pre-examined or examined and approved by the Ministry of Information Industry. Article 10 The examination and approval of international communication facilities construction projects shall follow the following procedures:
(1) Capital construction projects above designated size stipulated by the state shall be examined and approved by the State Development Planning Commission after the preliminary examination by the Ministry of Information Industry;
(2) Technical transformation projects above the quota prescribed by the state shall be examined and approved by the State Economic and Trade Commission after the preliminary examination by the Ministry of Information Industry;
(3) Construction projects below the quota prescribed by the state shall be examined and approved by the Ministry of Information Industry.
Except for examining and approving international communication facilities construction projects in accordance with the procedures and authority specified in the preceding paragraph, no other department or unit has the right to examine and approve international communication facilities construction projects. Article 11 When an international communication facility construction unit signs an international transmission network construction memorandum of understanding and a construction and maintenance agreement with a foreign organization or individual, or an organization or individual from China Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province of China, it shall report to the Ministry of Information Industry for examination and approval before signing. Twelfth construction units to apply for approval of the international transmission network construction memorandum of understanding or construction and maintenance agreement shall provide the following materials:
(1) Application report. The contents of the report shall include the main information of the partner, the main contents of the memorandum of understanding or agreement and major issues;
(two) the text of the memorandum of understanding or agreement. Article 13 The Ministry of Information Industry shall give a written reply to the applicant within 20 working days after accepting the application for examination and approval of the construction unit's memorandum of understanding or construction and maintenance agreement for international transmission network construction. If it is not approved, it shall notify the applicant in writing and explain the reasons. Fourteenth international communication facilities construction projects that do not involve cooperation with foreign countries or organizations or individuals in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province, the construction unit shall provide the following materials when applying to the Ministry of Information Industry for project preliminary examination or approval:
(1) Application report. Including the reasons for project construction, main construction contents and scale, investment estimation and fund raising, schedule arrangement and other main contents;
(two) the project proposal, feasibility study report or project construction plan. Its content and qualification of the preparation unit shall comply with the relevant provisions of the state;
(3) A copy of the business license and relevant telecom business license;
(4) Credit certificate;
(5) Other materials required by the Ministry of Information Industry.
Involving the construction of international communication entrances and exits, it shall also provide the approval documents for the establishment of international communication entrances and exits. Article 15 If the construction project of international communication facilities involves cooperation with foreign countries or organizations or individuals from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province, the construction unit shall provide the text of the memorandum of understanding and the text of the construction and maintenance agreement in addition to the materials listed in Article 14 when applying to the Ministry of Information Industry for preliminary examination or approval of the project.