(Adopted at the Twenty-fifth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on January 21, 2009)
Chapter One General Provisions
Article 1 These Regulations are formulated in accordance with the basic principles of laws and administrative regulations, by taking into account of the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as “SEZ”), for the purposes of effective use of radio frequency resources, protection of the safety of electromagnetic space, and maintaining the order of radio waves.
Article 2 These Regulations are applicable to the use of radio frequencies, establishment and use of radio stations, development, production, importation and sale of radio transmitting equipments and non-radio equipments using radiate radio frequency and related administration activities in the SEZ.
The radio management of military system shall be implemented in accordance with related national and military rules.
Article 3 The management of radio shall follow the principles of scientificity and rationality, conserving resources, guaranteeing safety, and promoting development.
Article 4 Shenzhen Municipal Radio Regulatory Authority (hereinafter referred to as “Municipal Radio Regulatory Authority”) shall be the radio administrating body performing the following functions:
(1) Preparation of radio development planning, and implementation of radio administration laws and regulations;
(2) Designation of electromagnetic space protection areas, and maintaining of radio safety;
(3) Planning and administration of radio frequencies, radio stations and station site resources;
(4) Administration of the development, production, importation and sale of radio transmitting equipments;
(5) Dealing with radio interferences and conducting radio monitoring;
(6) Coordination of and dealing with foreign radio administration issues;
(7) Organizing the implementation of radio control;
(8) Other duties under laws and regulations.
Public security, construction, planning, environmental protection, industry and commerce, quality supervision and other administrative departments, and civil aviation, customs, maritime and other units shall perform their respective duties to assist the radio administration.
Chapter Two Radio Frequency Administration
Article 5 Radio frequency resources are owned by the State, with total control, rational development and compensation for use.
Article 6 Unless otherwise provided by laws and regulations, every unit and individual who needs to use radio frequencies shall file an application with Municipal Radio Regulatory Authority.
Municipal Radio Regulatory Authority may, in accordance with its authority, allocate and assign the radio frequency used for non-operating business by direct designation, or allocate the radio frequency used for operating business by bidding or auction.
Article 7 The use of radio frequencies shall meet the following conditions:
(1) The radio frequency applied shall be consistent with radio frequency allocation and planning;
(2) The user shall have a clear and rational use and practical technical solutions and, if cross-area use is applied, such technical solutions shall be approved through professional review;
(3) The user shall have a staff of appropriate professional and technical personnel and funds;
(4) Other conditions as provided by laws and regulations.
Article 8 The right to use radio frequency as obtained by direct designation shall not be transferred, leased, or used for operation in the form of shareholding participation.
The right to use radio frequency as obtained by bidding or auction may be transferred, leased, or used for operation in form of shareholding participation. The specific measures thereof shall be separately formulated by the Municipal People's Government (hereinafter referred to as “Municipal Government”).
Article 9 The right to use radio frequency as obtained by direct designation shall not have a valid period exceeding five years; if intending to use after the valid period is expired, the user shall file a use extension application with Municipal Radio Regulatory Authority thirty days prior to the expiration.
The right to use radio frequency as obtained by bidding or auction shall have a use period as determined by Municipal Radio Regulatory Authority.
The right of temporary using radio frequency for developing radio transmitting equipments shall not have a valid period exceeding one year, and will be terminated automatically when the valid period expires.
Article 10 If the radio frequency obtained by direct designation is not used within one year, or the radio frequency obtained by bidding or auction is not used within two years, the Municipal Radio Regulatory Authority shall recover such radio frequency in the whole without compensation. If the radio frequency obtained is not used as provided, the Municipal Radio Regulatory Authority shall recover such radio frequency in whole or in part without compensation.
Article 11 In case of the following circumstances, the Municipal Radio Regulatory Authority may adjust or recover the radio frequencies allocated or assigned ahead of schedule:
(1) Where the State modifies the radio frequency allocation or planning;
(2) Where the radio frequencies are required to be adjusted due to public interests;
(3) Where other circumstances under laws and regulations exist.
Where property losses are caused to units or individuals using radio frequencies because of the adjustment or earlier recovery of radio frequencies, compensation as required by laws shall be made.
Article 12 The units and individuals using radio frequencies shall pay frequency resources occupation fees in accordance with national rules as scheduled.
Article 13 The Municipal Radio Regulatory Authority may, in accordance with State rules regarding radio frequency allocation, allocate a portion of public radio frequencies, and develop and publish appropriate technical specifications thereof.
When using public radio frequencies, the frequency resource occupation fees shall be exempted, meanwhile no license for radio station is required to be applied.
Chapter Three Administration of Radio Stations
Article 14 Unless otherwise provided by State, every unit and individual who need to establish or use a radio station shall file an application with Municipal Radio Regulatory Authority.
The eligible radio stations shall be approved by Municipal Radio Regulatory Authority. A radio station may not be used after establishment until passing the acceptance check and being granted radio station license by Municipal Radio Regulatory Authority.
Article 15 The establishment and use of radio stations shall meet the following conditions:
(1) The user has obtained the right to use radio frequency;
(2) The radio station with fixed site shall meet the requirements of electromagnetic environment;
(3) The technical parameters of radio transmitting equipment are consistent with national standards;
(4) The user has appropriate management systems and measures;
(5) The user has a staff of operators with appropriate business skills;
(6) Other conditions as provided by laws, regulations and cross-border agreements.
If the establishment or use of radio station requires environmental impact assessment under State rules, an environmental impact assessment report as approved by environmental protection department shall be submitted.
Article 16 In case of establishment or use of standard radio stations in ships, aircrafts or locomotives, or establishment or use of mobile earth stations or other mobile radio stations as part of satellite mobile businesses, registration shall be made with Municipal Radio Regulatory Authority in accordance with the relevant State rules.
Article 17 Where the development or production of radio transmitting equipment requires emission effectiveness tests, a temporary radio station may be established or used subject to the approval by Municipal Radio Regulatory Authority.
Article 18 The establishment or use of approved radio stations as approved shall be conducted under the approved project. Any change of the approved project is subject to registration alteration.
Article 19 The radio station license is the legal document for establishment or use of radio station, with an effective term of not exceeding five years. However, temporary radio station license shall have an effective period of not exceeding one year.
Anyone who intends to use the radio station after the license expires shall file an extension application thirty days prior to the expiration, and renewed his radio license.
It is prohibited to be forged, altered, transferred, pledged, leased or lent the radio station license.
Article 20 Anyone who establishes or uses a radio station shall pay radio administration fees annually in accordance with State rules.
Article 21 The radio calling signs for radio stations shall be allocated by Municipal Radio Regulatory Authority in accordance with the authority under State rules.
No other unit or individual may make or use any radio station calling signs without authorization.
Article 22 Municipal Radio Regulatory Authority shall detect the radio stations as lawfully established in accordance with the relevant rules.
Article 23 Units and individuals are prohibited to destruct radio stations and related facilities as lawfully established.
Article 24 For major construction project involving electromagnetic environmental protection or radio wave radiation generation, such as broadcasting station, radar, radio observatory, important radio receiving station, airport, electricity, shipping, road and railway, the construction unit shall conduct electromagnetic compatibility analysis before applying for project construction land planning permission, and submit the analysis to Municipal Radio Regulatory Authority for review. For project failing to meet the electromagnetic compatibility requirements, the construction unit shall make adjustment in accordance with the requirements of Municipal Radio Regulatory Authority.
Where a radio station is required to be relocated due to project construction, the construction unit shall make compensation in accordance with relevant State rules.
Article 25 Units or individuals establishing or using radio stations shall remove the antennas, cables and ancillary facilities of abandoned radio stations in a timely manner. The site providers shall urge such actions.
Article 26 The municipal planning department and Municipal Radio Regulatory Authority shall incorporate the public mobile communication base stations (hereinafter referred to as “Base Station”) as the urban infrastructure into the urban planning system in accordance with the overall urban planning and related planning requirements, and prepare special planning for Base Station sites.
Article 27 Where a Base Station is intended to be established at any one of the following addresses in accordance with special planning for Base Station sites and other related planning, the management unit shall provide supporting conditions such as roofs, spaces for pipelines and machine rooms as required by establishment, and electricity power:
(1) Building blocks or structures as constructed by the government;
(2) Parks, ecological control areas, urban roads, highways and rail transportation facilities;
(3) Other facilities constructed by the government.
Article 28 Where a Base Station is intended to be established on a new building or new public facility, in accordance with special planning for Base Station sites and other related planning, the construction unit thereof shall, during the engineering design period and the construction period, request the design unit and construction unit to set aside roofs and spaces for pipelines and machine rooms as required by the Base Station and indoor distribution systems. After the project is completed, the construction unit shall carry out acceptance check.
Article 29 It is encouraged and supported for public mobile telecommunication operators (hereinafter the “Operator”) to share Base Station site resources reasonably upon equal consultation.
Where Operators fail to reach an agreement on sharing, either party may apply with the Municipal Radio Regulatory Authority for coordination. If such coordination still fails to reach an agreement, Municipal Radio Regulatory Authority may invite an expert or third party institution to conduct evaluation and assessment with respect to the required technical conditions for sharing. Where the conditions of sharing are met, the Operator occupying station site resources shall sign a sharing agreement with the Operator requesting such sharing. Where any Operator occupying station site resources refuses to share based on the assessment result, it may not separately establish any Base Station in the same area within five years.
Article 30 Operators may not impede the sharing with unreasonable business conditions.
Operators may not sign exclusive agreements with Base Station sites property units or management units or exclusively occupy the station site resources by other means.
Chapter Four Administration of Radio Transmitting Equipments
Article 31 Radio transmitting equipment produced or sold out shall have an approval certificate required by the State, indicating the type approval codes, except for the exported radio transmitting equipments.
Article 32 Anyone who wants to produce radio transmitting equipment shall file an application with Municipal Radio Regulatory Authority. Municipal Radio Regulatory Authority shall, upon preliminary examination of operating frequency, frequency band and related technical indicators of the radio transmitting equipment to be produced, submit the application to State radio regulatory authority for approval.
The manufactures of radio transmitting equipment shall register with the Municipal Radio Regulatory Authority.
Article 33 In case of any of the following circumstances, the Municipal Radio Regulatory Authority may request the State radio regulatory authority to withdraw certificates of approval and revoke approval codes:
(1) Where the equipment fails in the random testing within the valid period of the certificates of approval;
(2) Where the certificate of approval is not re-applied after the title of the approved manufacturer, main technical parameter, technical performance or functionality is changed;
(3) Where the certificate of approval is transferred, pledged, leased, lent, or altered.
Article 34 For importing radio transmitting equipments, an application shall be filed with Municipal Radio Regulatory Authority. Such application shall be examined, and, if eligible, approved by Municipal Radio Regulatory Authority in accordance with relevant rules.
Article 35 For radio transmitting equipments relating to national security or safety of people's lives or property, or seriously affecting the electromagnetic environment, Municipal Radio Regulatory Authority shall develop and publicize a catalog for products subject to marketing and using restriction within six months after the implementation of these Regulations. Municipal Radio Regulatory Authority may make adjustments based on actual circumstances.
Article 36 For radio transmitting equipments included in the catalog for products subject to marketing and using restriction, manufacturers shall register the quantities, lot numbers and purchasers of the products manufactured; users may only purchase such equipments after approved by and registered with the Municipal Radio Regulatory Authority; sellers may not sell to the purchasers who are not approved by and registered with Municipal Radio Regulatory Authority.
Chapter Five Foreign Radio Administration
Article 37 Except for exemption under State rules, foreigners, or Hong Kong, Macao or Taiwan residents or legal persons or other organizations may not carry or transport radio transmitting equipments from overseas into Shenzhen until filing an application with and obtaining approval from Municipal Radio Regulatory Authority.
Transit vehicles of Shenzhen and Hong Kong which use shared bands for immigration car radios shall apply with Municipal Radio Regulatory Authority for radio station licenses under relevant agreement, and are exempted from the radio frequency application and procedures stipulated by the preceding paragraph.
Article 38 The foreigners, or Hong Kong, Macao or Taiwan residents or legal persons or other organizations that use the radio transmitting equipments under Article 37 of these Regulations shall abide by relevant rules for establishment of temporary radio stations.
Article 39 Municipal Radio Regulatory Authority may, as entrusted by its superior radio regulatory authority, establish consultation and communication mechanisms for radio administration with Hong Kong radio administrating body.
Article 40 Where an overseas radio signal causes harmful interference to Shenzhen’s radio stations, Municipal Radio Regulatory Authority shall measure the radio characteristics and location thereof, develop coordination schemes and report to its superior radio regulatory authority.
Article 41 Where a signal generated by a radio station causes harmful interference to overseas radio stations, Municipal Radio Regulatory Authority shall, in accordance with the decision of superior radio regulatory authority, request the owner of radio station which causes harmful interference to change the technical parameters. The original radio station license shall be renewed after the harmful interference is eliminated.
Article 42 Municipal Radio Regulatory Authority may establish radio control points in the ports based on work requirements, for which the port authorities shall offer assistance.
Article 43 No unit or individual may engage in cross-border radio communications without approval.
Where a cross-border radio communication is required to be established, Municipal Radio Regulatory Authority shall, upon review, submit the application to its superior regulatory authority for approval in accordance with relevant rules.
Chapter Six Radio Monitoring
Article 44 Municipal Radio Regulatory Authority shall establish a radio monitoring system and perform the following monitoring functions and duties:
(1) Carrying out routine radio monitoring;
(2) Implementing protective monitoring of important radio frequencies involving national security, people's lives or property or public interests;
(3) Collecting, analyzing and storing radio monitoring data, and conducting investigations and evaluations of electromagnetic environmental conditions;
(4) Carrying out electromagnetic compatibility analysis and technical reviews for radio stations;
(5) Organizing scientific researches in the radio monitoring field, and developing radio monitoring technical specifications;
(6) Finding out sources of radio interference and radio stations used without authorization;
(7) Measuring major technical indicators of radio equipments, and radio wave radiation of non-radio equipments, such as industrial, scientific and medical application equipment, information technology equipment and other electrical equipment;
(8) Other work relating to radio monitoring.
No other unit or individual may carry out radio monitoring, except that laws or regulations provide otherwise.
Article 45 The radio monitoring data shall be used as the technical basis for the administration, supervision and inspection of radio frequencies, radio stations, and radio equipments. Relevant departments, such as the environmental protection department may inquire about the electromagnetic environment monitoring data according to law.
Article 46 The Municipal Government shall build city-wide radio monitoring network and monitoring database, and, in accordance with relevant national standards, protect radio monitoring facilities and their surrounding work environment.
Article 47 The technical capacity of radio monitoring shall be suited to the social and economic development, and meet with the national radio monitoring capacity-building standards.
Article 48 Municipal Radio Regulatory Authority shall formulate uniform radio monitoring signals.
Chapter Seven Radio Safety
Article 49 The municipal planning department and Municipal Radio Regulatory Authority shall jointly designate electromagnetic space protection areas, and incorporate them into the overall urban planning.
The specific rules for electromagnetic space protection shall be separately formulated by the Municipal Government.
Article 50 If an equipment causes harmful interference to radio frequencies or stations involving national security, social stability or people's lives or property, such as air navigation, marine rescue, civil defense, distress or safety communications, radio and television, and weather, Municipal Radio Regulatory Authority shall order to stop using the equipment immediately.
Article 51 Municipal Radio Regulatory Authority shall organize and implement radio control in accordance with legal radio control orders,.
Units and individuals using radio transmitting equipments or other radiate radio frequency equipments shall abide by the control orders, without delay or rejection.
Article 52 The Municipal Government shall establish emergency mechanism for electromagnetic space environment and radio communication network for city emergency commanding.
Government-funded radio network and radio commanding and dispatching networks for subways, airports, ports, nuclear power plants and other important areas shall achieve interconnection with the government’s communication network for emergency commanding.
Article 53 In case of emergency endangering national security or people’s lives or property, temporary radio stations may be established and used. After the establishment is made, a report shall be promptly made and submitted to Municipal Radio Regulatory Authority. Upon the lifting of emergency, the temporary radio stations shall immediately cease to be used and be revoked.
Article 54 Amateur radio organizations are encouraged to organize and mobilize radio amateurs to provide emergency communication services in the event of major natural disasters and other emergencies.
Chapter Eight Supervision and Inspection
Article 55 Municipal Radio Regulatory Authority shall supervise and inspect the use of radio frequencies, establishment of radio stations, production, importation and sale of radio transmitting equipments and non-radio equipments using radiate radio frequencies, and handle related violations according to law.
Article 56 Municipal Radio Regulatory Authority may conduct random testing with respect to the frequencies, power and other technical indicators of produced, sold, imported or used radio transmitting equipments. Random testing shall be subject to sampling process as provided, without any charge.
Article 57 When conducting supervision and inspection, Municipal Radio Regulatory Authority may take the following measures:
(1) Conducting on-site inspection, inquisition or forensics;
(2) Requesting the inspected unit or individual to provide relevant materials and documents;
(3) Inquiring the party concerned and witnesses, and preparing record of inquiry;
(4) Implementing necessary technical measures to stop the illegal emission of radio waves;
(5) Closing, sealing, or temporarily detaining illegal or harmful-interference-generating radio stations, radio equipments or non-radio equipments which radiate radio frequencies.
Article 58 Every unit and individual has the right to delate the activities of occupying radio frequencies, or disrupting radio order.
Municipal Radio Regulatory Authority shall establish a complaint handling system, make timely investigation and inform the complainant of the investigation results.
Chapter Nine Legal Liabilities
Article 59 Anyone who commits any of the following acts shall be ordered by the Municipal Radio Regulatory Authority to make correction within a specified time period and imposed a fine of RMB 5,000 yuan:
(1) Where the registration is not conducted, in violation of Article 16 of these Regulations;
(2) Where a temporary radio station is established or used without approval, in violation of Article 17 of these Regulations;
(3) Where radio station calling signs are prepared or used without authorization, in violation of the second paragraph of Article 21 of these Regulations;
(4) Where no timely report is submitted or no immediate stopping of use and revoking is done after lifting of emergency, in the event of establishment or use of temporary radio stations, in violation of Article 53 of these Regulations.
Article 60 If any of the following acts is committed, Municipal Radio Regulatory Authority shall charge late fees in accordance with relevant rules, and shall recover radio frequency or revoke radio station license under serious circumstances:
(1) Where frequency resources occupation fees are not paid in a timely manner, in violation of Article 12 of these Regulations;
(2) Where radio administration fees are not paid in a timely manner, in violation of Article 20 of these Regulations.
Article 61 Anyone who commits any one of the following acts shall be ordered by Municipal Radio Regulatory Authority to make correction within a specified time period, be imposed a fine of RMB 10,000 yuan, and be confiscated the illegal income if there is any. If the circumstance is serious, Municipal Radio Regulatory Authority shall recover radio frequency or revoke the radio station license:
(1) Where radio frequency is transferred, leased, or used for operation in the form of shareholding participation, in violation of the first paragraph of Article 8 of these Regulations;
(2) Where an approved project of radio station is changed without authorization, in violation of Article 18 of these Regulations;
(3) Where a radio station license is forged, altered, transferred, pledged, leased or lent, in violation of the third paragraph of Article 19 of these Regulations.
Article 62 Where the provisions of Article 36 of these Regulations are violated, Municipal Radio Regulatory Authority shall confiscate the purchased radio equipment, and impose a fine on the seller and purchaser respectively, of RMB10,000 to 50,000 yuan.
Article 63 In case of any of the following acts, Municipal Radio Regulatory Authority shall confiscate the radio equipment, and impose a fine of RMB 10,000 to 50,000 yuan:
(1) Where the user refuses to stop using the equipment causing harmful interference, in violation of Article 50 of these Regulations;
(2) Where the implementation of radio control order is delayed or refused, in violation of Article 51 of these Regulations.
Article 64 In case of any of the following acts, Municipal Radio Regulatory Authority shall impose a fine of RMB 10,000 to 50,000 yuan, and confiscate illegal income if there is any. If the circumstance is serious, the involved equipments shall be confiscated, and a fine of RMB 50,000 to 100,000 yuan shall be imposed simultaneously:
(1) Where a radio frequency is used without approval, in violation of the first paragraph of Article 6 of these Regulations;
(2) Where a radio station is established or used without approval, in violation of the first paragraph of Article 14 of these Regulations;
(3) Where a radio station license is forged or altered, in violation of the third paragraph of Article 19 of these Regulations;
(4) Where a radio transmitting equipment is manufactured or sold without approval certificate, in violation of Article 31 of these Regulations;
(5) Where an illegal radio monitoring is conducted, in violation of the second paragraph of Article 44 of these Regulations.
Article 65 If an operator occupying station site resource refuses to sign a sharing agreement, in violation of the second paragraph of Article 29 of these Regulations, Municipal Radio Regulatory Authority shall order him to make correction. If he refuses to make correction, a fine of RMB 5,000 to 20,000 yuan shall be imposed. If the circumstance is serious, a fine of RMB 50,000 to 100,000 yuan shall be imposed.
Chapter Ten Supplementary Provisions
Article 66 Where specific implementing measures are required to be separately developed the Municipal Government as stipulated by these Regulations, the Municipal Government shall accomplish the work within six months upon the implementation of these Regulations.
Where a penalty of fine is required by these Regulations, the municipal competent administrative department shall develop specific measures on the penalty, which shall be implemented simultaneously with these Regulations.
Article 67 These Regulations shall come into force as of May 1, 2009.
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