Regulations on the Establishment of Satellite Communication Networks and the Use of Earth Stations (2009)

Chapter I General Provisions Article 1 In order to standardize the construction of satellite communication networks and the use of earth stations, avoid and reduce the mutual interference between satellite networks and between earth stations and other radio stations in the frequency band, and promote the healthy development of satellite communication, these provisions are formulated in accordance with the Regulations of People's Republic of China (PRC) Municipality on Radio Management and relevant administrative regulations. Article 2 These Provisions shall apply to the establishment of satellite communication networks and the installation and use of earth stations in People's Republic of China (PRC).

The term "satellite communication network" as mentioned in these Provisions refers to the communication network composed of earth stations that use satellite space radio for communication.

The term "earth station" as mentioned in these Provisions refers to a radio station set on the surface of the earth or inside the main body of the earth's atmosphere and communicating with space radio stations or similar radio stations through space radio stations. Article 3 The State practices a licensing system for the construction of satellite communication networks.

The establishment of satellite communication network shall be approved by the Ministry of Industry and Information Technology of People's Republic of China (PRC) (hereinafter referred to as the Ministry of Industry and Information Technology); Without approval, no unit or individual may establish a satellite communication network. Article 4 The establishment and use of Earth stations shall go through the examination and approval procedures in accordance with these Provisions, and obtain a radio station license issued by the Ministry of Industry and Information Technology or the radio regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government.

If a single earth station is set up, and the radio management institution is not required to provide electromagnetic environment protection for its information reception, the examination and approval procedures may not be handled in accordance with these provisions; If the radio management institution needs to protect its information reception from harmful radio interference, it shall go through the examination and approval procedures in accordance with these provisions and obtain a radio station license. Chapter II Establishment of Satellite Communication Network Article 5 To establish a satellite communication network, the following conditions shall be met:

(1) Having the qualification of a legal person.

(2) The domestic space station to be used has been approved by the Ministry of Industry and Information Technology and obtained a radio station license.

(3) The foreign space radio station to be used has completed the frequency coordination with the relevant satellite network space radio station and ground radio station in China, and its technical characteristics meet the requirements of the agreement reached by the competent authorities of both parties.

(4) The use of radio frequency conforms to the national radio frequency division, planning and related management regulations.

(5) Having a reasonable and feasible technical scheme.

(6) Having funds and professionals suitable for the construction and operation of satellite communication networks.

(seven) there are available satellite frequency resources provided by legal operators.

(eight) other conditions required by laws and administrative regulations to carry out related business.

Where the establishment of a satellite communication network involves telecommunications business, it shall also hold a corresponding telecommunications business license. Article 6 The construction of satellite communication network shall conform to the overall planning of the national communication network construction and abide by the relevant state regulations on construction management. Article 7 To apply for establishing a satellite communication network, a written application and the following materials shall be submitted to the Ministry of Industry and Information Technology:

(1) Certificate of legal person qualification.

(2) Description of the basic information of the applicant.

(3) A technical scheme containing the basic information listed in the appendix to these Provisions.

(4) Proof that the funds are in place.

(5) Evidence that the relevant satellite frequency resources can be used.

(six) other materials required by the state to carry out related business.

To apply for the establishment of a satellite communication network involving telecommunications services, a copy of the corresponding telecommunications business license shall also be submitted. Article 8 If the application materials are complete and conform to the statutory form, the Ministry of Industry and Information Technology shall accept it and issue a written acceptance notice to the applicant; If the application materials are incomplete or do not conform to the statutory form, the Ministry of Industry and Information Technology shall inform the applicant of all the contents that need to be corrected on the spot or within five working days; If it is not accepted according to law, it shall notify the applicant in writing. Article 9 The Ministry of Industry and Information Technology shall make a decision on examination and approval within 20 working days from the date of accepting the application. Those who pass the examination shall be issued with a certificate of approval to establish a satellite communication network, and the radio management agencies of provinces, autonomous regions and municipalities directly under the Central Government shall be notified in writing. If the examination is unqualified, it shall notify the applicant in writing not to approve, and explain the reasons. Article 10 When approving the establishment of a satellite communication network, the Ministry of Industry and Information Technology shall determine the service period of its frequency, which shall not exceed 10 year at the longest. If it is necessary to continue using the frequency at the expiration of the time limit, a written application shall be submitted to the Ministry of Industry and Information Technology 30 days before the expiration of the time limit, and the Ministry of Industry and Information Technology shall make a decision on whether to agree to continue using the frequency before the expiration of the time limit, and notify the applicant in writing. Eleventh approved satellite communication network, should be put into use within one year from the date of approval.

If it cannot be put into use within the time limit specified in the preceding paragraph, it shall inform the Ministry of Industry and Information Technology in writing 30 days before the expiration of the time limit, explaining the reasons and the opening date.

To terminate the operation of satellite communication network, it shall apply to the Ministry of Industry and Information Technology for cancellation 30 days in advance.

If a legal person or other organization that has been approved to establish a satellite communication network is terminated according to law, the Ministry of Industry and Information Technology shall cancel its approval to establish a satellite communication network and notify the radio regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government in writing.