What Is the Telecommunications Sector?

Telecom, English: Telecom. It is based on the development of electricity. On May 17, 1865, in order to successfully realize the international telegraph communication in the telecommunications industry, representatives of 20 European countries including France, Germany, Russia, Italy and Austria signed the International Telegraph Convention in Paris. The International Telegraph Union (ITU) Proclaimed. In 1932, representatives of more than 70 countries held a meeting in Madrid, Spain, and decided to officially rename it as "International Telecommunication Union" from January 1, 1934. On May 17, 1969, the twenty-fourth Executive Council of the International Telecommunication Union formally passed a resolution, deciding to set the International Telecommunication Union's founding day, May 17, as "World Telecommunication Day", and requested Member States to Since 1969, commemorative activities are held on May 17 each year.

Telecommunications

Right!

Telecom, English: Telecom. Based on electricity

In order to meet China s requirements for 21st century telecommunication scientific research, equipment network trial operation and research and development, as well as the need to solve new problems caused by the continuous expansion of China s telecommunications network and the increase in new services, the original Ministry of Posts and Telecommunications contributed

I. The need for reorganization

Today, the long-lasting restructuring of the telecommunications industry is finally settled, that is, the widely-known "Five in Three" plan in the market, that is, China Mobile's merger with Tietong, China Telecom's acquisition of China Unicom's C network, and China Netcom's and China Unicom's G network merger form a new China Unicom.

This reorganization plan is also the most reasonable one among many reorganization plans. However, some telecommunications experts expressed disappointment in the mainstream media. They were puzzled by this. The reasons for the disappointment were no more than two. One was that they did not break China. Moving a big boss, the second is that it will cause

"Administrative Measures for Telecommunications Business Licenses"

The "Administrative Measures for Telecommunications Business Licenses" has been adopted by the 8th Ministerial Meeting on November 8, 2001, and is hereby promulgated, effective as of January 1, 2002.

Minister Wu Jichuan's Measures for the Administration of Telecommunications Business Licenses on December 26, 2001

Chapter I General Provisions

The first is to regulate the management of telecommunication business licenses. These Measures are formulated in accordance with the Telecommunication Regulations of the People's Republic of China and other laws and administrative regulations.

Article 2 These Measures apply to the application, approval and management of telecommunications business licenses (hereinafter referred to as "operating licenses") within the territory of the People's Republic of China. Otherwise prescribed by the State shall prevail.

Specific measures for issuing basic telecommunication business licenses by means of tendering shall be formulated separately by the Ministry of Information Industry.

Article 3 The Ministry of Information Industry and the Communications Administration of the provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter collectively referred to as "telecommunications administrations") are the examination and approval management institutions for telecommunication business licenses.

The telecommunications authority shall follow the principles of openness, fairness and impartiality in the examination and approval of telecommunications business licenses.

Article 4 In the telecommunications business operation activities, telecommunications business operators shall abide by the provisions of the telecommunications business license and accept the supervision and management of the telecommunications authority.

Operators of telecommunications services operating telecommunications services in accordance with the provisions of the telecommunications business license are protected by national laws.

Chapter II Application for Business License

Article 5 An application for operating basic telecommunications services shall meet the requirements of Article 10 of the Telecommunication Regulations of the People's Republic of China and the following conditions:

(1) The minimum registered capital of a company operating in a province, autonomous region, or municipality is 200 million yuan; the minimum registered capital of a company operating in the country or across provinces, autonomous regions, or municipalities is 2 billion yuan;

(2) No major illegal acts have occurred in the past three years.

Article 6 An application for operating value-added telecommunications services shall meet the requirements of Article 13 of the Telecommunication Regulations of the People's Republic of China and the following conditions:

(1) The minimum registered capital is RMB 1 million for operating within the province, autonomous region, or municipality; the minimum registered capital is RMB 10 million for operating within the country or across provinces, autonomous regions, and municipalities;

(2) having a feasibility study report and related technical solutions;

(3) There are necessary sites and facilities;

(4) No major illegal acts have occurred in the last three years.

Article 7 To apply for a basic telecommunications business license, the following application materials shall be submitted to the Ministry of Information Industry:

(1) Written application signed by the legal representative of the company for operating basic telecommunication services. The contents include: the type of application for operating telecommunications services, business coverage, company name, company correspondence address, postal code, contact person, contact phone number, e-mail address, etc .;

(2) A copy and photocopy of the company's corporate legal person business license;

(3) Company profile. Including the basic situation of the company, the establishment and management of the organization that intends to engage in telecommunications business, the technical force and the situation of management personnel, and the site and facilities that are suitable for the business activities;

(4) The company's annual financial accounting report or capital verification report of the corporate legal person recently audited by an accounting firm and other relevant accounting information required by the Ministry of Information Industry;

(5) the company's articles of association, the company's shareholding structure and relevant information of shareholders;

(6) Feasibility study report for business development. Including: business development and implementation plans, service projects, business coverage, market research and analysis, charging schemes, expected service quality, investment analysis, social and economic benefits analysis, etc. for applying for telecommunications business;

(7) Networking technical plan. Including: network structure, network scale, network construction plan, network interconnection plan, technical standards, telecommunication equipment configuration, telecommunication resource usage plan, etc .;

(8) Measures to provide users with long-term services and quality assurance;

(9) Network and information security measures;

(10) Relevant materials to prove the company's credibility;

(11) A letter of undertaking signed by the legal representative of the company to operate the telecommunications business in accordance with the law.

An application for operating a radio communication service shall submit a pre-assignment opinion of the radio frequency resources issued by the national radio regulatory agency.

Applicants who have not yet obtained the business license of an enterprise legal person shall submit a notice of pre-approval of the company's name without having to submit the content specified in items (2) and (10) of the first paragraph. The written application stipulated in paragraph (1) of the first paragraph and the letter of commitment stipulated in paragraph (11) shall be signed by all shareholders when a limited liability company is to be established; .

Article 8 To apply for a value-added telecommunications business license, the following application materials shall be submitted to the telecommunications authority:

(1) Written application signed by the legal representative of the company for operating value-added telecommunications services. The contents include: the type of application for telecommunications services, business coverage, company name, correspondence address, postal code, contact person, contact phone number, e-mail address, etc .;

(2) A copy and photocopy of the company's corporate legal person business license;

(3) Company profile. Including: the basic situation of the company, personnel, venues and facilities intended to engage in value-added telecommunications business;

(4) The company's annual corporate financial report or capital verification report recently audited by an accounting firm and other relevant accounting information required by the telecommunications authority;

(5) the company's articles of association, the company's shareholding structure and relevant information of shareholders;

(6) Feasibility study report and technical plan for business development. Including: business development and implementation plans, technical solutions, service projects, business coverage, market research and analysis, charging plans, expected service quality, investment analysis, social and economic benefits, etc. for applying for telecommunications business;

(7) Measures to provide users with long-term services and quality assurance;

(8) Information security guarantee measures;

(9) Relevant materials to prove the company's credibility;

(10) A letter of undertaking signed by the legal representative of the company to operate the telecommunications business according to law;

(11) If the telecommunications business applying for operation requires prior review and approval by the relevant competent authority in accordance with laws, administrative regulations and relevant national regulations, the documents of the relevant competent authority's review and approval shall be submitted.

An application for operating a radio communication service shall submit a pre-assignment opinion on radio frequency resources issued by a national or provincial radio regulatory agency.

Applicants who have not yet obtained the business license of an enterprise legal person shall submit a notice of pre-approval of the company's name without having to submit the materials specified in paragraphs (2) and (9) of the first paragraph. The written application stipulated in paragraph (1) of the first paragraph and the letter of commitment stipulated in paragraph (10) shall be signed by all shareholders if a limited liability company is to be established; and all promoters shall be signed if a joint stock limited company is to be established. Chapter III Examination and Approval of Business License

Article 9 The telecommunications business license is divided into two categories: "basic telecommunications business license" and "value-added telecommunications business license." Among them, the "Value-added Telecommunications Business License" is further divided into "Trans-regional Value-added Telecommunications Business License" and "Province, Autonomous Regions and Municipalities" within the scope of "Value-added Telecommunications Business License".

The Basic Telecommunications Business License and the Transregional Value-added Telecommunications Business License are reviewed and approved by the Ministry of Information Industry. The Communications Management Bureau of provinces, autonomous regions, and municipalities is responsible for examining and approving the Value-added Telecommunications Business Licenses within the provinces, autonomous regions, and municipalities.

The telecommunications business license of a foreign-invested telecommunications enterprise shall be examined and approved by the Ministry of Information Industry in accordance with Article 17 of the "Regulations on the Administration of Foreign-invested Telecommunication Enterprises".

Article 10 The Ministry of Information Industry shall complete the preliminary examination of the materials within 15 days of receiving the application materials for operating the basic telecommunications business. If the application materials are complete, a notice of acceptance of the application shall be issued to the applicant. If the application materials are not complete, the applicant shall be notified in writing to complete them. After the applicants have completed the materials, the Ministry of Information Industry shall issue a notice of acceptance of the application to the applicant within 15 days.

After the Ministry of Information Industry issues a notice of acceptance of the application, it shall organize experts to review the application materials in Article 7 (6) and (7), and make a decision on approval or disapproval based on the expert review opinions. The review work of the Ministry of Information Industry shall be completed within 180 days from the date of issuing the notification of acceptance of the application.

If an applicant who has established a company in accordance with the law is approved, a Basic Telecommunications Business License will be issued.

If an applicant who has not obtained the business license of an enterprise legal person is approved, it shall issue an approval document to the applicant, and agree to apply to the industry and commerce administrative department for the establishment of a company to operate the basic telecommunications business. The applicant holds the approval document to the industrial and commercial administration. The department handles the registration procedures for company establishment. After the applicant obtains the business license of a corporate legal person, the Ministry of Information Industry issues a Basic Telecommunications Business License.

If the application is not approved, the applicant shall be notified in writing and explained the reasons.

During the review, if the application materials do not meet the requirements, the applicant shall be notified to amend and supplement the application. The applicant shall complete the request in accordance with the requirements within 30 days from the date of the notification, otherwise it shall be deemed to have abandoned the application. The time for the applicant to modify and supplement the materials shall not be counted within the time limit for review.

Article 11 The telecommunications authority shall complete the preliminary examination of the materials within 15 days of receiving the application materials for operating value-added telecommunications services. If the application materials are complete, a notice of acceptance of the application shall be issued to the applicant. If the application materials are not complete, the applicant shall be notified in writing to complete them. After the applicants have completed the materials, the competent telecommunications authority shall issue a notice of acceptance of the application to the applicant within 15 days.

The telecommunications authority shall complete the review and make a decision on approval or disapproval within 60 days from the date of the notification of acceptance of the application.

Where an application for a company that has been established in accordance with the law is approved, a "Cross-regional Value-added Telecommunications Business Operation Permit" or a Province, Autonomous Region, and Municipality-wide "Value-added Telecommunications Business Operation Permit" is issued.

If an applicant who has not obtained a business license of an enterprise legal person is approved, it shall issue an approval document to the applicant, and agree to apply to the industrial and commercial administration for the establishment of a company to operate the value-added telecommunications business. The department handles the registration procedures for company establishment. After the applicant obtains the business license of an enterprise legal person, the competent telecommunications authority issues to it a "Cross-regional Value-added Telecommunications Business License" or a "Value-added Telecommunications Business License" within the province, autonomous region, and municipality.

If the application is not approved, the applicant shall be notified in writing and explained the reasons.

Article 12 The business license consists of a body part and an attachment part.

The main text of the business license shall specify the company name, legal representative, registered domicile, business type, business coverage, validity period, issuing authority and date of issuance, issuer, business license number, etc.

The appendix of the business license includes the use of the business license, the rights and obligations of the operator, special provisions and the annual inspection record sheet. The original license-issuing authority may issue additional business license attachments in accordance with the regulations of the Ministry of Information Industry according to management needs.

The specific contents of the telecommunications business license are listed in the annex to these Measures. According to the actual situation, the Ministry of Information Industry can adjust the content of the attachment to the telecommunications business license and re-publish it.

Article 13 The term of validity of the Basic Telecommunications Business License is divided into 5 and 10 years according to the type of telecommunications business.

The validity period of the "Trans-regional Value-added Telecommunications Business Operation Permit" and the "Value-added Telecommunications Business Operation Permit" within the provinces, autonomous regions and municipalities is valid for 5 years.

Article 14 The Basic Telecommunications Business License, the Transregional Value-added Telecommunications Business License, and the telecommunications business license of a foreign-invested telecommunications company shall be issued by the Minister of Information Industry.

The "Value-added Telecommunications Business License" within the province, autonomous region, and municipality is issued by the director of the Communications Administration of the province, autonomous region, and municipality, and reported to the Ministry of Information Industry for the record.

Article 15 The telecommunications business license shall be obtained by the legal representative of the company, or by another person entrusted by him on the basis of a power of attorney. Article 16 When reviewing an application for a telecommunications business license, the telecommunications authority shall not approve its application if it finds that the applicant has submitted false certification documents, and shall no longer accept applications for telecommunications business within 3 years.

Chapter IV Use of Business License

Article 17 A company approved to operate telecommunications services shall operate telecommunications services in accordance with the types of telecommunication services stated in the text of the operating license, within the prescribed business coverage and period, and in accordance with the provisions of the operating license.

Article 18 A company approved to operate telecommunications business shall go to the administrative department for industry and commerce to handle the company change registration formalities with a business license.

Those who have been approved to operate radio communication services shall apply to the radio regulatory agency for radio frequency use procedures with a business license.

Article 19 A company that is permitted to operate telecommunications services across regions shall set up corresponding organizations such as branches or subsidiaries in the provinces, autonomous regions, and municipalities directly under the Central Government to operate telecommunications services.

For a subsidiary operating a basic telecommunications company, the proportion of state-owned equity or shares shall comply with the relevant national telecommunications laws and administrative regulations.

Article 20 A company approved to operate telecommunications business may, with the approval of the license-issuing authority, authorize its subsidiaries that hold not less than 51% of its shares and meet the requirements for operating telecommunications business to operate its approved telecommunications business. The name, legal representative, registered domicile, business type, and business coverage of the subsidiary shall be specified by the issuing authority in the attached sheet of the text of the business license of the company authorized to operate the telecommunications business. Two or more subsidiaries cannot be authorized to operate the same telecommunications business in a region.

Article 21 A company that is permitted to operate basic telecommunications services or operate value-added telecommunications services in two or more provinces, autonomous regions, and municipalities must go to the relevant provincial, autonomous region, and municipality communications administration bureau for record filing with the operating license and submit The following filing materials:

(1) Written report of conducting business locally. The content includes: the name, correspondence address, zip code, contact person, contact phone number, e-mail address, etc. of the corresponding organization such as the branch or subsidiary established by the company;

(2) Copy of business license;

(3) Company approval documents, business licenses (copies), articles of association, shareholding structure and other related materials of the company where the company has a branch or subsidiary, etc .;

(4) Plans for conducting business locally.

Provinces, autonomous regions, and municipalities directly under the Central Government shall, after receiving the filing materials specified in the preceding paragraph, complete the materials, they shall issue a filing confirmation to the filing party within 15 days and report to the Ministry of Information Industry. If the materials are not complete, the recorder shall be notified in writing within 15 days. After the materials are completed, a record confirmation should be issued to the recorder within 10 days.

Those who have not gone through the formalities of record filing shall not be allowed to operate telecommunications services locally.

If the four items listed in the first paragraph are changed, the corresponding agencies such as the branch or subsidiary shall file a record with the Communications Administration of the local province, autonomous region, or municipality within 20 days after the change.

Article 22 Except where there are special provisions in the business license, the telecommunications business operator shall provide telecommunications services within one year after obtaining the business license in accordance with the types of services and business coverage specified in the business license. Where telecommunications services cannot be provided within one year, they shall be submitted when applying for a business license, explain the reasons, report to the telecommunications authority for approval, and make special provisions in the business license.

Where telecommunications services are not provided within the time limit specified in the business license, the original license-issuing authority may cancel its business license or cancel the business coverage of the telecommunications services it does not provide.

Article 23 The relevant basic telecommunications business operators shall, in accordance with the provisions of the telecommunications authority, provide the companies that have obtained the business license with the necessary circuits and facilities for telecommunications business in a timely manner.

Operators of basic telecommunications services shall not provide companies without operating licenses with circuits and facilities for operating telecommunications services.

Article 24 No unit or individual may forge, alter, use, lease, buy, sell or transfer business licenses.

Chapter V Change and Cancellation of Business License

Article 25 If the business license expires and it is necessary to continue the business, an application for renewal of the business license shall be submitted to the original license issuing authority 90 days in advance. If they no longer continue to operate, they should report to the original license-issuing authority 90 days in advance and do a good job of aftercare.

Article 26 A company that has obtained a telecommunications business license or a subsidiary that has been authorized to operate a telecommunications business encounters a merger or division, a change in the shareholders of a limited liability company, a transfer of business operation rights, and other situations involving changes in the business entity, or If the business coverage needs to be changed, an application shall be submitted to the original license-issuing authority within 30 days from the date of the company's decision, and the implementation can only be implemented after approval.

Article 27. During the validity period of a business license, if the company name, registered domicile, or legal representative is changed, the company shall go through the formalities for changing the telecommunications business license to the original license-issuing authority within 30 days after completing the company's industrial and commercial change registration procedures.

Article 28. During the validity period of the business license, if the telecommunications business operator needs to terminate its business, it shall apply to the original license-issuing authority within 30 days from the date of the company's decision. The authority handles the cancellation procedures for its business license.

Article 29 If a telecommunications business operator is punished according to law by the state administrative and judicial organs and is unable to continue to operate the telecommunications business, the original license-issuing authority shall revoke and cancel its business license.

Where a false certification document is submitted or other fraudulent means are used to obtain a telecommunications business operating license, the original license-issuing authority shall withdraw and cancel the operating license. It will no longer accept applications for telecommunications services within 3 years.

Article 30 After the license-issuing authority revokes or cancels the business license of the telecommunications business operator, it shall notify the corresponding administrative department for industry and commerce and make it public.

Companies whose business licenses have been revoked or cancelled should go through the formalities in time with the corresponding administrative department for industry and commerce.

Chapter VI Annual Inspection of Business License

Article 31 The issuing authority shall implement an annual inspection system for business licenses. The telecommunications business operator shall submit the following annual inspection materials to the original issuing authority in the first quarter of the year following the reporting year:

(1) The company's annual inspection report, including: the current telecommunications business operation situation; network construction, business development, personnel and institutional changes; service quality; implementation of relevant regulations of the state and telecommunications authorities;

(2) The original license for telecommunication business operation;

(3) A copy of the company's corporate legal person business license;

(4) the company's annual financial and accounting reports and other relevant accounting materials required by the telecommunications authority;

(5) Other relevant materials required by the issuing authority.

If the business covers more than two provinces, autonomous regions, and municipalities directly under the Central Government, it is also necessary to provide the operation and management of the corresponding institutions such as local branches or subsidiaries and the entire network.

Relevant agencies such as local branches or subsidiaries should submit annual reports on local telecommunications operations to the communications administrations of local provinces, autonomous regions, and municipalities; a copy of the business license of the branch or subsidiary; financial statements and other relevant materials. The contents of the annual report include: the operation of the telecommunications business in the current year; network construction, business development, changes in personnel and institutions; service quality; implementation of relevant regulations of the state and telecommunications authorities.

Article 32 The communications administrations of provinces, autonomous regions and municipalities directly under the Central Government shall conduct annual inspections of the corresponding local agencies of the telecommunications business operators across regions and report the results to the Ministry of Information Industry.

Article 33 When the license-issuing authority conducts the annual inspection of the business license, it shall conduct a comprehensive review of the materials submitted by the telecommunications business operator, and shall make necessary checks on its business entities, operations, telecommunications facilities, telecommunications tariffs and service quality. Check. Those who pass the annual inspection shall be stamped on the annual inspection record sheet; if they fail to participate in the annual inspection or find that they do not meet the requirements during the annual inspection, rectification shall be made within a time limit; if the rectification is still unqualified, the business license shall be revoked, and the notice shall be notified accordingly The administrative department for industry and commerce, and announced to the society.

Chapter VII Penalties

Article 34 Anyone who violates Articles 17, 26 and 31 of these Measures shall be punished in accordance with Article 70 of the "Telecommunications Regulations of the People's Republic of China".

What Is the Telecommunications Sector?

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