Sichuan Province Communications Infrastructure Protection

Original Language Title: 四川省通信设施保护规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393673.shtml

Sichuan province communications infrastructure protection

    (August 26, 2013 21st Executive meeting of the people's Government of Sichuan province considered by Sichuan Provincial Government order No. 272, published since September 7, 2013 November 1, 2013) first to strengthen the protection of communications facilities, secure communications infrastructure for security and communications flow, according to the People's Republic of China military facilities protection law and the People's Republic of China Telecommunication Ordinance and other laws and regulations, combined with the facts of the province, these provisions are formulated.

    Article within the administrative region of this province's public communication facilities construction and protection of military, public security, traffic, energy, aviation and meteorological protection of private communication facilities such as the application of this provision.

    Third local people's Governments at or above the county level shall strengthen the communication facilities construction and protection of work organization and leadership, public communication infrastructure into urban and rural construction planning and controlling detailed planning, protection of communications facilities funding included in the departments budget.

    Fourth local people's Governments at or above the county level shall combat communications infrastructure protection within the competent authorities responsible for the administration of organization and coordination, supervision and inspection.

    Provincial Communications Department is responsible for supervision and management of public traffic facilities construction in the province.

    Public security, transportation, housing and urban-rural construction (urban planning), land resources, economy and information, radio and television, according to their respective functions, business and other related administrative departments for industry and commerce, improving communication facilities construction and protection of related work.

    Fifth article of any units and individuals have the obligation to protect communications, discovered the theft, destruction, damage and other acts against the communication facilities should be stopped and reported to the local public security organ or communication facilities owners.

    No unit or individual may commit acts of undermining the security of communications facilities.

    Sixth provincial communications departments basic telecommunication business operators preparing public traffic facilities construction planning in the province, in conjunction with the provincial departments of housing and urban-rural construction expert review, with inputs from the relevant Department comments, submitted to the provincial people's Government for approval. Article new residential quarters, villages and other residential areas or industrial areas shall have set up a public communications facilities.

    Building and communication within the project scope pipeline, distribution pipe network construction, telecommunications room, equipment room and other facilities should be implementing national and provincial communications facilities design, construction and acceptance of standards, into the project design, construction and acceptance of construction projects at the same time, the requirements should be incorporated into the construction project budget estimates.

    Article eighth plan and design of railway stations, airports, ports, railways, roads, bridges, tunnels, urban mass transit, urban roads and other major infrastructure projects, relevant departments or units shall inform in advance the communication departments or basic telecommunication business operators reserve the communication pipeline consultation, base stations and other matters.

    Residential before Nineth and town buildings such as commercial and residential developers, owners and managers should be used for telecommunications business areas supporting public communication infrastructure provides equal access and use conditions, no sign has an exclusivity agreement with the telecommunications business operators, interfering with other telecom operators into the regional service shall not restrict the user's right to choose.

    Tenth provincial communications departments should be based on the common communication development and construction plan, organize and coordinate public communication infrastructure sharing.

    Basic telecommunication business operators shall, in accordance with relevant regulations of the State, the implementation of road communication pipe, Rod, base stations, communication facilities such as the indoor distribution system joint unified construction or construction; the free communication pipe, Rod roads, base stations, facilities such as indoor distribution system, shall, in accordance with national provisions in lease, sale or resources are exchanged with other telecom operators by way of sharing resources.

    Encouraging relevant departments and units specialized communications facilities and the sharing of public communications facilities.

    11th prohibits the following acts endanger the security of communication facilities:

    (A) to seize, encroach upon, theft, destruction of communications facilities;

    (B) alter or remove the other communication lines and other communication facilities;

    (C) in violation of State regulations, computer information systems, hazard;

    (Iv) in violation of State regulations, the computer information system functions to delete, modify, increase, interference, thereby making it impossible for the system to function properly;

    (E) violation of State regulations of computer information storage, processing and transmission of data and application to delete, modify or add;

    (Vi) intentionally producing and disseminating computer viruses and other destructive programs, affecting the normal operation of the computer information system.

    (VII) access communication power supply system in power;

    (H) to the base station and auxiliary equipment for normal operation of the interference, infringement or damage;

    (I) in the context of national communications infrastructure security protection under housing, sand, soil, Earth-dredging, drilling, trenching, construction of septic tanks, animals, biogas, etc;

    (10) in the presence of underground pipelines, communication (electricity) cables dumped on the ground with acid, alkali, salt and other corrosive waste liquid and waste residue;

    (11) endanger the safety of communication facilities within the ignition fires, blasting, pile up, or pick up flammable explosive materials.

    12th communications facility owners should strengthen communications infrastructure maintenance and management, implementation of security responsibility, improve emergency plans to ensure safe operation of communications facilities.

    13th new construction, renovation or expansion of communications facilities, should be maintained with other facilities have been built to meet state-mandated safety distances. To migrate due to planning other facility or other facility owners to take necessary protective measures, communication facility owner shall consult with the other owners, on relocation compensation, protection measures agreement and according to relevant procedures, its construction only.

    Costs borne by the property rights of communication facilities.

    14th building, rebuilding, expansion of railway stations, airports, ports, railways, roads, bridges, tunnels, urban mass transit, urban roads and other large infrastructure should not endanger safety communications facilities. To migrate due to planning communications facilities or require communication facility owner to take the necessary protective measures, the employer shall, in consultation with communication facilities owners, on relocation compensation, protection measures agreement and according to relevant procedures, its construction only.

    The costs borne by the employer.

    Communications facilities destroyed due to construction projects, the construction unit shall fix, restitution and compensation for the loss of limited duration.

    15th planted trees and bamboo pole plant should keep a safe distance and communication facilities.

    May endanger the security of communication facilities pole plants, communication facilities owners should trim an application made to the relevant Department in a timely manner, after approval by its owners or managers trim; threatening safety and emergency communication facilities may be made by the communication facilities owners trim some of the branches do not meet the prescribed safety distances, and timely information is given to the owner.

    Trees and bamboo pole plants and communications lines and facilities a safe distance, determined according to the communication engineering construction standards-related provisions of the State.

    Article 16th waste acquisition of business units and individuals shall comply with the national provisions relating to acquisition of scrap metal, recycling.

    No units and individuals to acquire legitimate sources of communication cable and other communications facilities and unknown sources of scrap metal such as copper, aluminium and lead.

    17th public security traffic management authorities, special communications, emergency communications and communications repair emergency vehicles and personnel of the mission, on the premise of ensuring security, can not be limited by various closed to motor vehicle traffic signs.

    18th article violates this article Nineth signed exclusivity agreements or other telecommunications service providers, the provincial Communications Department or industrial and commercial administrative departments shall be ordered to correct, confiscate the illegal income, fines of between 10,000 yuan and 30,000 yuan.

    19th under any of the following acts, in accordance with the People's Republic of China Public Security Administration Punishment Act shall be punished; constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) in violation of the provisions of article 11th (a) the provision, to seize, encroach upon, theft, destruction of communications facilities;

    (B) violation of the provisions of article 11th (iii) to (vi) provisions, affecting the normal operation of computer information systems;

    (C) impede communication and administration staff from carrying out tasks related to the.

    20th in violation of the provisions of article 11th paragraph (b) provides that, in accordance with the People's Republic of China Telecommunication Ordinance shall be punished. 21st in violation of the provisions of article 11th paragraph (g) to (11) provides that endanger the security of communications facilities, the provincial Communications Department ordered corrective action.

    Belonging to the non-operational, to fine individuals up to 200 Yuan, fined a maximum of 1000 Yuan for legal persons and other organizations belonging to business behavior, fined a maximum of up to 5000 Yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    22nd article violation this provides 16th article, not comply with national about provides acquisition waste communications facilities of, by police organ or business, and business administration sector law be investigation; acquisition no legal source proved of communications cable, communications facilities or source unknown of copper, and aluminum, and lead, waste metal of, by police organ law sentenced 10,000 yuan above 30,000 yuan following fine; constitute crime of, law held criminal.

    Article 23rd communications departments and other relevant Administrative Department for dereliction of duty, abuse of power, favoritism does not constitute a crime, administrative sanctions according to law constitutes a crime, criminal responsibility shall be investigated according to law.

    24th in violation of the provisions of the Act, is provided for by laws and regulations, from its provisions.
25th article this provides by said communications facilities is refers to for achieved voice, and text, and data, and image, information transmission, and exchange function of cable, and cable, and wire, and base station, and microwave station, and switch, and access equipment, and indoor distribution system, communications line, and equipment, and and of supporting of communications pipeline, and tube hole, and poles, and pull, and room, and Tower, and oil machine, and solar Board, and avoidance mine grounding device, equipment facilities.

    26th article this way come into force November 1, 2013. January 31, 1989, Sichuan provincial people's Government issued provisional regulations on the protection of communication lines and equipment, Sichuan province, abolished at the same time.