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Shantou Special Economic Zone, Public Mobile Communication Base Station Management Requirements

Original Language Title: 汕头经济特区公众移动通信基站管理规定

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Public mobile communications base management provisions in the first economic zone

(Summit 3th ordinary meeting of the Government of the Challenge of 5 March 2012 to consider the publication, effective 1 May 2012, of Decree No. 137, of the Order of the First People of 26 March 2012)

Article 1 regulates the management of public mobile communications base stations and guarantees the health development of public mobile communications, in accordance with the principles of the telecommunications regulations of the People's Republic of China, the Radio Management Regulations of the People's Republic of China, the Radio Management Regulations of the Broad Oriental Province, and establishes this provision in the light of the actual practice of the economic zone (hereinafter referred to as the Principal Zone).

Article 2 provides for the establishment and use of public mobile communications base stations and related management activities within the specific area.

Article 3. The public mobile communications base station referred to in this provision (hereinafter referred to as a base station) refers to mobile communications systems using a network of beauty groups, digital cluster communications systems, PHS wireless access systems and radio communications systems using other technical systems.

The public mobile communications operators referred to in this provision (hereinafter referred to as operators) refer to the acquisition by law of a licence for basic telecommunications operations, the construction of mobile communications networks within the specific area and the provision of mobile communications operations to the public.

Article IV states that the municipal radio authorities are responsible for the establishment and use of the clearance management of the base station. Regional (territorial) radio authorities are responsible for the management of the base stations within the current administrative area, in accordance with their responsibilities.

The radio monitoring body, by law, conducts electromagnetic environmental tests and reports of electromagnetic radiation tests, provides technical basis for the design and use of the base station by the municipal radio authorities.

Other relevant administrations, in accordance with their respective responsibilities, are responsible for the management of related work.

Article 5: The municipal radio authorities organize the planning of mission-based resource planning (consider and location requirements), with the municipal economy and informationization, rural and urban planning, housing and rural-urban construction, land resources, environmental protection, urban integrated management, public safety, etc.) and the development of technical norms to be made public and organized by the city's people.

The preparation of mission-based resource planning for the special area should be in line with urban and rural planning, land-use master planning, environmental protection planning and communications facilities-building planning and full consultation with operators.

Article 6 operators need to set up a base station, which should be required to declare to the municipal radio authorities the next year by 30 November.

The municipal radio authorities, together with the municipal information industry authorities, have organized plans for the preparation and organization of the state-of-the-territorial post-communication plan based on the needs of the site-based resource planning, the development of technical norms and operators, which are made available to society after approval by the Government of the city. Adjustments to the base year plan should be carried out in accordance with the process of preparation.

Article 7. The radio authorities shall serve as the basis for the preparation of the annual plan for the establishment and use of the base station, inspection of the use of the base station and administrative penalties for operators.

In violation of article 10, paragraphs 2, 3 and 3, of this provision, operators do not provide for the sole-source resources of the site for a period of three years to include their needs in the basement plan.

Article 8. The establishment and use of the basement should be in line with the location resource planning, annual planning and the establishment of technical norms in the special area, in line with public mobility development needs, uphold the principles of rationalization, assembly, resource sharing and promote joint building of the basement.

Article 9 establishes a basement in urban planning areas and landscape areas, and should be designed in a landscape-based manner, without prejudice to urban planning and without prejudice to the relevant management provisions of the landscape area, without negatively affecting the landscapes of urban landscapes, mark-making buildings, landscape-speaking areas.

The new construction or renovation of the outposts should be constructed in the design of landscapes and hidden features.

The administrative management of urban public facilities should facilitate the sharing of the basement resources by operators.

The operators shall not have the sole-source resources of the base station, including through the signing of an exclusive agreement with the property units located at the base station or the management unit.

The operators are encouraged to share the resources of the base site through equal consultation. The operators cannot reach agreement on the sharing of the basement resources, and any party may apply for coordination with the municipal radio authorities and, in coordination, continue to be unable to reach agreement, the municipal radio authorities may invite experts or third-party agencies to assess the technical conditions required for sharing, in accordance with the conditions for sharing, the operators of the seating resources should share site resources with the requested operators.

Article 11 encourages operators to carry out indoor distribution systems at the time of the establishment of the basement to enable their equipment to be covered by the room through the web-sharing distribution system.

The establishment of a base station in the following places should be carried out in the form of an indoor distribution system:

(i) Conscription of buildings, high-level homes, bars, hotels and guests;

(ii) Sports and recreational places;

(iii) Large shops;

(iv) The garage area;

(v) The office buildings of the party's organs (other than those involved);

(vi) Other facilities that should be constructed indoor distribution systems under the law.

Article 12. The operators should be authorized by the municipal radio authorities. The municipal radio authorities shall, within 20 days of the date of receipt of the application for the basement, make decisions on approval and inform the applicant in writing of the request, based on the relevant provisions of the State and the provincial plan for the establishment of the base year in the special area, the establishment of technical norms, and shall specify the grounds and the basis for approval.

The operators should set up a base station, as approved by the municipal radio authorities.

Article 13. The operators shall, within thirty days of the date of the completion of the base station, have the following materials to apply to the municipal radio authorities for the acquisition of a radio licence, which may be used:

(i) The application form at the base station;

(ii) Technical material for base-based equipment;

(iii) A commitment book at the base station;

(iv) The electromagnetic radiation testing report at the base station or a report containing the criteria and indicators required for the testing of electromagnetic radiation by institutions that have the measurement of qualifications;

(v) Other material to be submitted by law.

Article 14. The municipal radio authorities shall organize, within seven days of the date of receipt of the request for a radio licence, the identification of the base station, the experience is in accordance with the following conditions and the licence of the radio station:

(i) The establishment of the base station is in line with the relevant provisions of the State and the provincial authorities, as well as the annual plan for the establishment of a technical norm in the basement area;

(ii) The equipment at the base station is in line with national technical standards;

(iii) Environmental electromagnetic radiation intensity indicators at the base station are in line with the national standard of environmental electromagnetic hygiene.

Article 15. The project approved by the operator for a change in the radio licence shall be replicated by the municipal radio authorities.

The operators should be stopped or removed from the base station and the relevant procedures should be taken to the municipal radio authorities.

Article 16 Radio authorities of the city should provide a directory of all material required for the declaration of annual base stations, the application for the establishment of a base station and a radio station licence, and a public information website at their office and at this organ.

The municipal radio authorities regularly approve the establishment and use of the basement to inform the municipal information industry authorities in writing.

Article 17 Radio authorities conduct a screening of the compliance of the base stations used by law with this provision every year, with a less than 20 per cent of the number of inspections; and a test of eligibility for nuclear testing.

The operators should take effective measures to minimize the impact on the population, without modifying the outer space of buildings and endangering the security of the buildings concerned.

Any unit or individual shall not be allowed to dislocate to the basement used by law and shall, with the consent of the relevant operators, be liable to the cost of the removal of units or individuals to compensate for the resulting economic losses.

No unit or individual may obstruct the operation's establishment and maintenance of a basement under the law.

In carrying out construction, production, cultivation, etc., the basement facilities and the obstruction of the normal functioning of the base station shall not be endangered; in exceptional circumstances, the relevant operators should be notified in advance and the necessary security protection measures are taken.

Article 21, in violation of article 12 of the present article, provides for the discontinuation of the establishment of a base station without the approval of the establishment of a base station or a requirement for a station without approval, by a radio authority at the location of the base station, and a period of time is being converted to warning.

In violation of article 13, article 15 of the present provision, no radio licence would be used for use of the base station or would have been authorized to change the radio station licence, with the time limit being converted by the radio authorities at the location of the station; the delay of irreplaceability, with a fine of more than one thousand dollars and the seizure or confiscation of the base station equipment.

Article 23 of the radio authorities should be responsible for renovating the business deadline by drawing the screening of the establishment of the base station, using conditions that do not meet the requirements of this provision, and the closure of the base station by the municipal radio authorities.

Article 24 is one of the following acts by the radio authorities and their staff, which are lawfully disposed of by the competent and other persons directly responsible; constitutes an offence and hold criminal responsibility under the law:

(i) In violation of the conditions laid down, procedures for the preparation of the base site resource planning and planning for the annual establishment of the station, approval of the establishment and use of the base station and the issuance of a radio station licence;

(ii) Use of authority to receive and request property;

(iii) No timely investigation of the offence;

(iv) Other acts of negligence, abuse of authority, favouring private fraud.

Article 25 The Ordinance on the Management of the Removal Removal of Public Mobile Communications Bases, published by Decree No. 70 of 8 May 2003, was repealed.