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Administrative Provisions On Public Mobile Communication Base Stations In Shantou City

Original Language Title: 汕头市公用移动通信基站管理规定

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(Health No. 70 of 8 May 2003)

Article I, in order to strengthen the management of mobile communications base stations in this city, preserve the air power order, guarantee the health development of public mobile communications, develops this provision in the light of the National People's Radio Management Regulations, the People's Republic of China Telecommunications Regulations, the Broad Oriental Radio Management Approach.
Article 2 refers to public mobile communications, including simulation of mobile communications, digital mobile communications, cluster communications, satellite mobile communications and wireless commune newsletters.
The public mobile communications base station referred to in this provision (hereinafter referred to as a base station) refers to radio-transmitting stations that communicate information between mobile communications user terminals through mobile communications centres.
The public mobile communications operators referred to in this provision (hereinafter referred to as operators) refer to access to basic telecommunications business permits under the law, which are allowed to build mobile communications networks in the city and to provide mobile communications operations to the public.
Article III requires the establishment, use of the operators of the base stations and the units and individuals involved in related activities within the scope of the city's administration.
The law, legislation and regulations provide otherwise, from their provisions.
Article IV is responsible for the establishment and use of integrated management of the city's base.
Public safety, planning and territorial resources, information industry, construction, urban administration, urban administration administration, environmental protection, trade and sanitation, etc., assist municipal radio management agencies in implementing this provision in accordance with their respective responsibilities.
The establishment of a base station should be consistent with the development needs of public-use mobile communications, uphold the principles of rationalization, resource-sharing and promote joint building of the basement.
The executive authorities of urban public facilities should facilitate the sharing of basement resources among the operators.
Any operator may not be able to make a sole basement resource, including through the conclusion of an exclusive agreement.
The location of the basement should focus on urban landscapes, avoiding, to the extent possible, the urban focus buildings, marked buildings, the main entrances and important places.
It is prohibited to set up a base station within the context of the political organs, hospitals, schools, kindergartens and military electromagnetic environmental protection.
Article 7. The operators shall submit the next annual basement requirement by the end of each year, in accordance with the location requirements and operational requirements of the base station, to be reported to the municipal radio management authorities.
In the annual basement needs of the operator, the base station or the location of the site was repeated with other operators, and the municipal radio administration should be coordinated.
Article 8
(i) The operator has the following materials to submit a site identification and station application to the municipal radio management authorities:
A detailed selection plan for the base station;
2
A copy of the valid approval document using radio frequency;
4;
The municipal radio management body considers other submissions to be submitted.
(ii) Upon receipt of the application of the operator by the municipal radio administration, the relevant administrative authorities shall organize, within 30 working days, a site identification, an electromagnetic environmental test and an electromagnetic inclusive analysis, public inquiries to the community and a review of the eligibility requirements under this provision, be sent to the basement documents, subject to review of consent; written notification of the operator and reasons for the reasons.
(iii) The operators are able to build a base station after receiving documents from the municipal radio management authorities agreeing to establish a base station and following up on the relevant premises and in accordance with the relevant laws, regulations.
Article 9. The operators should take active and effective measures to minimize the impact on the population during their construction.
The operator's installation of the base station equipment must be completed before “a radio station application form” and a “Voice of Technical Information at Radio stations” and is presented for approval by the municipal radio administration. There should be no change in the number of buildings that endanger the security of the relevant buildings when installed.
Article 10. All persons and administrators of lopes, hungry, rural and urban buildings or other places shall not be allowed to provide the operators with the premises for the establishment of a base station without the identification and consent of the municipal radio administration.
Article 11. The operators shall submit requests for accreditation to the municipal radio management after the establishment of the base station, while providing the following material:
(i) The design of documentation and the frequency distribution of information at the base station;
(ii) Technical material for base-based equipment;
(iii) The base station electromagnetic radiation measurement report.
Article 12 The municipal radio management shall organize, within 30 working days of receipt of the operator's base visit, the relevant administrative authorities for the identification of projects such as the technical standards for the facility. The receipt includes the following items:
(i) Determining whether the use of the site is lawful;
(ii) To recognize whether the parameters of the base station were approved;
(iii) The main indicators for inspection, detection of the basement equipment are in compliance with the relevant national provisions.
The station was qualified by the municipal radio administration and was able to use it after the National People's Republic of China Radio Accreditation (hereinafter referred to as a radio licence).
The municipal radio management system, after having been able to obtain qualifications at the base station, should submit information on the provincial information industry sector.
Article 13 Use of the base station shall have the following conditions:
(i) Radio equipment meets national technical standards;
(ii) The operators have the corresponding technicians and management measures;
(iii) The criteria for electromagnetic radiation are consistent with national standards;
(iv) Other conditions under the law, regulations.
Article 14. The licence of the base station radio station is subject to an annual test system of the State concerned. Specific approaches have been developed by the municipal radio administration.
Article 15. Changes in the approved project should be made to municipal radio management bodies for changes; suspensions or cancellations should be made to the municipal radio management authorities for suspension or write-off procedures and for the return of the radio licence.
No unit or individual shall be allowed to destroy the basement facility used for relocation. Special circumstances must be dismantled, with the consent of the relevant operators, and the costs of demolitions are borne by units or individuals that make the request for demolitions and compensate for the resulting economic losses.
No unit or person of Article 17 shall prevent the operators from carrying out the establishment and maintenance of the base.
In carrying out construction, production, cultivation, etc. activities, the basement facility shall not be endangered, hinder the normal functioning of the base station; special circumstances may endanger the security of the basement facility shall be communicated in advance to the relevant operators and shall be responsible for the necessary safety protection measures.
Article 18 operators, in violation of article 8 of the present article, shall, without authorization, terminate the operation by a municipal radio management agency responsible for the termination of the operation and the duration of the service; in serious circumstances, impose a fine of more than 5,000 dollars; and in cases where the conditions are not in place, shall be sealed or seized, confiscated.
Article 19 Operators, in violation of article 12 of the present article, have not experienced the use of the basement, which is discontinued by the municipal radio management agency, the time-bound clearance process, which is severely punishable by a fine of up to 5,000 dollars, shall remain unqualified and shall be seized or confiscated.
Article 20, in violation of article 14, article 15 of the present article, does not carry out the annual test of the base station radio station's licence and the approved project for the unauthorized change of the base station, with a fine of more than 5,000 dollars.
All persons and administrators of Article 21, in violation of article 10 of the present article, have been able to provide the operator with a basement site, warning by the municipal radio management and fines of up to 5,000 dollars.
In violation of this provision, units and individuals obstruct the operation's establishment and maintenance of a basement under the law, undermine the facilities at the basement or prevent the normal work of the base station, and shall be restored or rehabilitated, resulting in loss and shall be subject to corresponding civil liability.
Article 23 Abuses by radio managers, provocative fraud, malfunctioning, administrative disposition by their units or superior administrative organs, and constitutes a crime and criminal responsibility by the judiciary.
Article 24 is incompatible with administrative penalties or administrative coercive measures by the parties and may apply to administrative review or administrative proceedings in accordance with the law.
Article 25