Scope of application
The State applies a network access licensing system to telecommunications terminal equipment, radio communication equipment and telecommunications equipment involving interconnection of public telecommunications networks. The telecommunications equipment subject to the network access license system must obtain the network access license issued by the Ministry of Industry and Information Technology (including the network access trial approval).
This document is applicable to the applicant for telecommunications equipment network access license (including network access trial approval).
Ii. Types of review
First review and then approve.
Iii. Basis for approval
Article 53 of the Telecommunications Regulations of the People's Republic of China (Promulgated by Decree No. 291 of The State Council, first revised by Decree No. 653 of The State Council, and second revised by Decree No. 666 of The State Council) : "The State implements a network access licensing system for telecommunications terminal equipment, radio communication equipment and equipment involving internetwork interconnection. Telecommunications terminal equipment, radio communication equipment and equipment related to internetwork access to public telecommunications networks must meet the standards set by the State and obtain network access licenses. The catalogue of telecommunications equipment subject to the network access licensing system shall be formulated and promulgated for implementation by the department in charge of information industry under The State Council together with the department in charge of product quality supervision under The State Council."
Measures for the Administration of Telecommunications Equipment Access to the Network (promulgated by Order No. 11 of the Ministry of Information Industry of the People's Republic of China on May 10, 2001). Amended in accordance with the Decision of the Ministry of Industry and Information Technology of the People's Republic of China on Repealing and Amending Some Regulations promulgated by Decree No. 28 of the Ministry of Industry and Information Technology of the People's Republic of China on September 23, 2014)
Measures for the Implementation of Administrative License of the Ministry of Industry and Information Technology (Promulgated by Decree No. 2 of the Ministry of Industry and Information Technology of the People's Republic of China on March 1, 2009). Amended in accordance with the Decision of the Ministry of Industry and Information Technology of the People's Republic of China on Repealing and Amending Some Regulations promulgated by Decree No. 28 of the Ministry of Industry and Information Technology of the People's Republic of China on September 23, 2014)
4. Application conditions
An application for a network access license for telecommunications equipment shall meet the following conditions:
(1) Telecommunications equipment shall comply with national standards, communications industry standards and the provisions of the Ministry of Industry and Information Technology.
(2) With a perfect quality assurance system and after-sales service measures.
(3) Radio communication equipment, equipment involving internetwork interconnection or new telecommunications equipment that has applied for network access license shall undergo network access tests of at least three months.
(4) Comply with other relevant provisions of the State.
5. Prohibitive requirements
(1) If the applicant conceals the relevant information or provides false materials to apply for the network license, the Ministry of Industry and Information Technology will not accept or deny the license, and give a warning, and the applicant shall not apply for the network license again within one year.
(2) If the applicant obtains the network permit by cheating, bribery and other improper means, the Ministry of Industry and Information Technology shall revoke the network permit and give a warning, and the applicant shall not apply for the network permit again within three years.
6. Application materials catalog
The following application materials shall be in Chinese. If the original materials of certificates and licenses are in foreign languages, corresponding Chinese translations shall be provided. Unless otherwise required by the "Application Form for Network Access Permit for Telecommunications Equipment", all other application materials shall be provided in electronic version (or electronic scanning copy of the original).
(A) Telecommunications equipment network access permit application form 1. Formatted text provided by the Ministry of Industry and Information Technology. The application form shall be signed and stamped with the official seal by the legal representative or authorized agent of the telecommunications equipment access permit applicant; If the applicant and the production enterprise are different legal persons, the processing agreement signed and sealed by the legal representatives of both parties or their entrusted agents shall also be provided. An overseas applicant shall entrust an agency within the territory of China to submit the application form as the applicant and issue a power of attorney.
The applicant who submits the application online and does not use electronic signature shall submit the paper original (1 copy) of the Application Form for Network Access License of Telecommunications Equipment by person or mail no later than when the administrative license decides to receive it.
(2) 1 business license of enterprise legal person. The domestic applicant shall provide the business license of the enterprise legal person, and the overseas applicant shall provide the registration certificate of the country or region where it is located. The agency entrusted by the overseas applicant to apply for the telecommunications equipment access license shall provide the valid license of the agency and the registration certificate of the overseas applicant (if the applicant and the production enterprise are different legal persons, the relevant materials of the production enterprise shall also be provided).
(3) 1 copy of the applicant's introduction. Including the applicant profile, production conditions, instrument configuration, quality assurance system and after-sales service measures. For the products provided for repair, replacement and return by the State, documents for the performance of relevant responsibilities shall also be provided (if the applicant and the production enterprise are different legal persons, relevant materials of the production enterprise shall also be provided).
(4) 1 quality system certification certificate or audit report. If it passes the quality system certification, the certification certificate shall be provided; If it has not passed the quality system certification, it shall provide the quality system audit report issued by the quality system audit agency that meets the relevant requirements (if the applicant and the production enterprise are different legal persons, the quality system certification certificate or audit report of the production enterprise shall be provided).
(5) 1 copy of telecommunications equipment. This section includes device functions, performance specifications, schematic diagram, internal appearance photos, and usage instructions.
(6) A test report or product certification certificate. A testing report or product certification issued by a telecommunications equipment testing institution recognized by the product quality supervision department under The State Council (a testing institution that holds a qualification certificate for inspection and testing institutions, has the corresponding capability for inspection and testing telecommunications equipment, and meets the relevant requirements of the State) or a certification institution.
(7) 1 overall technical plan and 1 experimental report. For radio communication equipment, equipment involving internetwork interconnection or new telecommunication equipment applied for network access license, network access test shall be conducted on the telecommunications network within China or the simulation experiment network designated by the Ministry of Industry and Information Technology for at least three months, and the overall technical scheme (1 copy) and the test report issued by the test unit (1 copy) shall be provided.
The overall technical proposal shall include the following contents: Product overview; Design basis and implementation standards; System composition and function block diagram; System hardware and software structure; System support business; Interface and compatibility; Performance and technical specifications; System networking capability; Reliability design and environmental adaptability; Operation and maintenance management.
The test report shall include the following contents: time and place of the test; Equipment installed capacity, actual number of users; Network structure diagram; The provision of business; Consistency and compatibility test content and data; Fault situation and resolution measures; User feedback; Test unit comments.
7. Basic procedures
(1) Acceptance procedures
If the application materials are complete and conform to the statutory form, the Ministry of Industry and Information Technology shall accept the application and issue a notice of acceptance or electronic receipt with a special seal and acceptance date.
If the application materials are not complete or the form does not meet the above requirements, the Ministry of Industry and Information Technology shall inform the applicant on the spot or within 5 working days of all the contents that need to be corrected.
(2) Review and decision procedures
The Ministry of Industry and Information Technology shall examine the application materials submitted by the applicant within 60 days from the date of receipt of the application for network access license of telecommunications equipment. After examination and meeting the conditions, the network access license (including the network trial approval) and the network access license mark (including the network trial sign) shall be issued; If it does not meet the requirements, it shall notify the applicant in writing and explain the reasons.
The Ministry of Industry and Information Technology may organize experts to evaluate the overall technical scheme, test report and test report of radio communication equipment, equipment involving interconnection of networks or new telecommunications equipment applied for network access license.
(3) Modification and continuation of procedures
Where the licensee changes the technology or appearance of the telecommunications equipment that has obtained the network access license, it shall conduct testing or apply for a new network access license.
Where the contents specified in the telecommunications equipment network access license are changed, the licensee shall apply for a new network access license.
If the licensee needs to continue to produce and sell the telecommunications equipment that has obtained the network access license, it shall apply for a new network access license and return the original license three months before the expiration of the network access license.
Viii. Time limit for completion
If the application materials are complete and in line with the statutory form, the Ministry of Industry and Information Technology will make an administrative licensing decision within 60 days from the date of receipt of the application. If expert review is required, the review shall be completed within 45 days, and the required time shall not be counted in the approval time limit according to law.
9. Delivery of results
Within 10 days from the date of making the decision, the "Telecom Equipment Access License" (including the "Telecom Equipment Access Trial Approval") will be issued and delivered.
Delivery method: Pick up on site or post.
10. Rights and obligations of administrative counterparts
(1) The rights of administrative counterparts
(1) Those who meet the statutory conditions and standards shall have equal rights to obtain administrative licenses according to law, and administrative organs shall not discriminate.
2. Enjoy the right of presentation and defense; The right to apply for administrative reconsideration or institute administrative proceedings in accordance with law; Where its lawful rights and interests are harmed by the illegal implementation of the administrative license by an administrative organ, it shall have the right to demand compensation according to law.
(2) Obligations of administrative counterparts
1. Consciously abide by the Telecommunications Regulations, the Measures for the Administration of Telecommunications Equipment Access to the Network and other relevant laws and administrative regulations.
2. Truthfully submit relevant materials to the Ministry of Industry and Information Technology and reflect the true situation, and be responsible for the authenticity of the application materials.
3. The consistency of telecom equipment before and after obtaining network access license shall be ensured.
(4) The network access permit sign shall be affixed to the telecommunications equipment for which the network access permit is obtained.
Punishment regulations
In accordance with the "Instructions for the Use of Network Access Licenses", the State implements a network access license system for telecommunications terminal equipment, radio communication equipment and telecommunications equipment involving internetwork access to public telecommunications networks. Without access to the network license, may not access the public telecommunications network to use and sell in the country.
According to the "Measures for the Administration of Telecommunications Equipment into the network" Article 28, in violation of the provisions of these measures, the sale of telecommunications terminal equipment without access to the network license, by the provincial, autonomous region, municipalities directly under the administration of communications ordered to correct, and fined not less than 10,000 yuan but not more than 100,000 yuan.
Article 29 Whoever, in violation of these Measures, forges, fraudulently uses or transfers network access licenses, fabricates network access license numbers or pastes forged network access license signs, shall be confiscated by the Ministry of Industry and Information Technology or the communications Administration of provinces, autonomous regions and municipalities directly under the Central Government, and shall concurrently impose a fine of not less than 3 times but not more than 5 times the illegal income; If there are no illegal gains or the illegal gains are less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
Appendix: Frequently Asked Questions
1. Q: Which telecommunications equipment needs an access license?
A: According to the Telecommunications Regulations of the People's Republic of China, the state implements a network access licensing system for telecommunications terminal equipment, radio communication equipment and equipment involving inter-network interconnection. Telecommunications terminal equipment, radio communication equipment and equipment related to internetwork access to public telecommunications networks must meet the standards set by the State and obtain network access licenses issued by the Ministry of Industry and Information Technology.
2. Q: What equipment needs expert review and what is the process of expert review?
A: The Ministry of Industry and Information Technology may organize experts to evaluate the overall technical scheme, test report and test report of radio communication equipment, equipment involving interconnection of networks or new telecommunications equipment applied for network access license.
3. Q: What is the difference between an Internet access permit and an Internet access trial permit?
Answer: The network access license and the network trial approval are the approval decision documents issued by the Ministry of Industry and Information Technology after the examination of the network access license application, and have the same legal effect.
According to the "Interim Measures for the Management of Network Access Test of New Telecommunications Equipment" (Ministry of Information Technology [2003] No. 214), the network access license system is implemented, but there is no formal national standard or industry standard, or the telecommunications equipment that is not included in the "First batch of telecommunications equipment that implements the network access license system" is new telecommunications equipment. New telecommunications equipment in line with the national industrial policy and does not affect the network security and smooth conditions, allowed to enter the network test, issued the network trial approval, after the promulgation of national standards, industry standards and then according to the procedure for network access license.
The validity period of the network access permit is generally 3 years, and the validity period of the network access trial approval is generally not more than 1 year.
4. Q: After the expiration of the Internet access license, how to apply for renewal?
A: The network access license (including the network trial approval) is valid for a total of three years, and the production enterprise needs to continue to produce and sell the licensed telecommunications equipment, should be submitted three months before the expiration of the license application. After the expiration of the certificate is no longer according to the renewal of the certificate, it should be reapplied according to the new model.
The validity period of the network trial approval is less than three years, if the certified telecommunications equipment and the standard based on the network have not changed, there is no need to test.
5. Q: How to apply for a new license if the name of the applicant or the manufacturer has changed?
Answer: If the name of the applicant unit or production enterprise changes, it should apply for a change of name. If there is no change in the certified telecommunications equipment, no new test report is required. The certificate number and validity period of the new certificate are the same as those of the original certificate.
6. Q: What is the network permission sign?
A: The Telecommunications Regulations of the People's Republic of China stipulate that telecommunications equipment manufacturers shall paste network access license signs on the telecommunications equipment they have obtained network access licenses. The network access license mark is uniformly printed and issued by the Ministry of Industry and Information Technology and belongs to the quality mark. No sign of network access permission shall be affixed to telecommunications equipment for which network access permission has not been obtained or whose network access license has expired.
The Ministry of Industry and Information Technology issues network access approval marks for equipment that has obtained network access licenses and network access trial approval marks for equipment that has obtained network access trial approval. The network license sign is blue shading, and the network trial sign is green shading.
7. Q: How to customize the network access permit sign?
A: The applicant is responsible for customizing the network access license mark, and can log in to the government service platform of the Ministry of Industry and Information Technology, enter the telecom and Internet business - Telecom equipment network access license (including trial) approval - online processing, and fill in the customized application online.
Flowchart of application for network access permit for telecommunications equipment
