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Communication Facilities Construction In Zhejiang Province And The Provisions On The Protection Of

Original Language Title: 浙江省通信设施建设和保护规定

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Chapter I

Article 1 guarantees the safety of communication networks, upgrades the level of communication services, promotes the healthy development of communications, and establishes this provision in line with the relevant laws, regulations, such as the People's Republic of China Telecommunications Regulations.

This provision applies to the construction and protection of communications facilities in the administrative region of the province.

The construction and protection of radio television facilities is governed by the relevant laws, regulations, such as the Broadcast Television Facilities Protection Regulations, which are not regulated by the relevant laws, regulations and regulations.

Article 3 communications facilities are public infrastructure and are protected by law.

Any unit or person shall not engage in activities that endanger the construction and protection of communications facilities.

The Government of the above-mentioned people at Article IV should incorporate the construction and protection of communications facilities into the planning of the national economic and social development of the current level; coordinate the management of the relationship of the telecommunications industry related to planning for rural and urban planning, land-use master planning, promote the sharing of communication facilities with rural and urban infrastructure construction; and promote compliance of relevant departments and units with the responsibility for the protection of communications facilities in accordance with the law and incorporate the protection of communications facilities into the development of peace in integrated governance.

The Government of the commune (communes), the street offices should work in conjunction with the relevant departments and units and the communications operators in the construction and protection of communications facilities.

The Article 5 provincial communications management is responsible for the supervision of the construction and protection of communications facilities within the province's administration.

In accordance with the provisions of the laws, regulations and the Government of the people at the district level, the executive authorities responsible for the construction and protection of communications facilities in the present administration area.

More than the public security authorities at the district level are responsible for the investigation and communication facilities protection of offences such as the disturbance of communications facilities in the present administration.

The operators of Article 6 communications should establish regulations for the construction, protection and management of sound communications facilities, comply with the relevant laws, regulations and regulations, such as the People's Republic of China Telecommunications Regulations, and guarantee the quality of the work of the communications facility and the operation of the communications network, and fulfil the security protection obligations of the communications facility.

Chapter II Planning and construction

Article 7 Provincial authorities for development and reform of the administration, provincial communications management, based on national information communications development planning, national economic and social development planning in the province, organizes development planning for the provincial communications industry, with the approval of the provincial government. The State provides for the preparation of the provincial communications industry development planning, as well as its provisions.

Relevant sectors and units such as urban, district and rural planning, economic and informationization in Article 8 districts are jointly organized to prepare specific planning for the construction of the current level of communications infrastructure, in accordance with the requirements of the planning guidance for rural and urban planning and provincial communications industries, and provincial communications infrastructure. The Government of the people at this level should seek the advice of the provincial communications management authorities before approval. Specific planning guidance for provincial communications infrastructure construction is developed by provincial communications management authorities in conjunction with relevant sectors such as provincial housing and rural and urban development.

Specific planning for communications infrastructure is guided by the principles of adaptation to the needs of economic and social development, guaranteeing public interest, improving the living environment, pooling and sustainable development.

The general planning for rural and urban planning and land use in the areas established under article 9 should include the relevant elements of the specific planning of communications infrastructure.

Details of the control planning of rural and urban planning should follow up on the location of the facilities identified in the region's dedicated planning for the development of communications infrastructure, space needs and the BB. Rural and urban planning administrative authorities are conducting planning licences in accordance with the specific planning of communications infrastructure-building projects.

Special planning for communications infrastructure construction should be aligned with specific planning such as integrated poles building in urban areas, urban orbital transport construction.

Article 10 rural and urban construction activities should implement the specific planning of communications infrastructure. Relevant sectors such as urban and rural planning, land resources should be used as a basis for project selection, construction and land use clearance (approval).

Construction projects such as planning and design of vehicle stations, airports, ports, roads, railways, urban roads, bridges, tunnels, urban orbital transport, etc., should be integrated in the building of communications facilities and the development of spaces for the storage of communications facilities. In reviewing the initial design document for the construction of the project outlined above, the district-level development and reform of the administrative authorities should be informed of the participation of the provincial communications management body or its mandated units.

Article 11 communications facilities should be constructed in accordance with the principles of integrated planning, shared sharing and rational use of resources, consistent with the relevant legal, regulatory and regulatory provisions, implementing mandatory standards for the construction of communications facilities, consistent with requirements such as safe production, mitigation, disaster prevention and mitigation.

All persons or regulators in the public regions, such as Article 12 parks, squares, tourist landscapes, public greenfields, should facilitate the construction of communications facilities and guarantee fair access to communications operators.

National authorities, utilities, etc., should support the building of communications facilities, and the relevant municipal facilities and public facilities should be open to communications facilities in accordance with the relevant national provisions. No reasonable expenses are prohibited for collection of royalties, payments.

Article 13 residential construction units should implement national standards of fibre-optic fibre-optic to household. The construction of the communications line and the line facilities within the buildings and the associated facilities, such as communications pipelines and equipment, within the scope of the residential construction project, should be included in the design documents of the residential construction project, along with the construction and receipt of the residential construction project, and the requirements should be included in the cost estimates for the housing construction project.

The housing construction unit and the business sector should facilitate the re-engineering of the construction of residential buildings without monopoly agreements with any enterprise, limiting the right of other communication operators to enter, use or restrict the choice of users.

A fibre-optic access to a household communications facility is not eligible for inspection or for admission to a public telecommunications network. The provincial communications management is governed by law by the quality of the communications facilities, such as fibre-optic to household.

Article 14 supports the sharing of communications facilities with infrastructures such as roads, bridges, tunnels, urban orbital transport and their subsidiary facilities. Public communications facilities are shared with specialized communications facilities.

The provincial communications administration will develop a list of inventories of other infrastructures such as the provincial housing and rural-urban construction, economic and informationization, transport and public safety, based on the sharing of relevant provisions by the State and in practice in the province, and develop a list of inventories of the provincial communications facilities and other infrastructures, such as municipal facilities, and be refined as appropriate.

The construction and operation of Article 15 communications facilities should be in compliance with the relevant provisions of laws, regulations, regulations and national electromagnetic radiation environmental protection standards, such as the People's Republic of China Act on Environmental Protection.

Environmental regulatory mechanisms should be put in place by the environmental authorities of the Environmental Protection Centre, awareness-raising for the operation of electromagnetic radiation safety knowledge in communications facilities, and public awareness of electromagnetic radiation.

The construction of Article 16 communications facilities requires the collection of land (forest land), housing or the use of sea (water) in accordance with the laws, regulations and regulations governing land (forest land), house collection or the use of maritime areas (water) and, in accordance with the provisions, the payment of the corresponding compensation costs; the construction of communications facilities, such as telecommunications, rail, tan, pipeline, etc., shall not require the process of clearance, shall be determined in consultation with collective landowners, land contractor operators or developers, and provide economic compensation accordingly.

Article 17 communications facilities need to build buildings, constructions or their top spaces, such as homes, and should be in accordance with environmental protection provisions that guarantee the security of buildings, construction of material, and determine economic compensation in consultation with the building, the owner of the building or the owner of the use of the owner.

Chapter III Protection measures

The communes of Article 18, the communes (communes) have established the responsibility for the protection of communications facilities, organized economic and informationization, public safety, rural and urban planning, transport and communication operations, as well as mechanisms for communication facilities protection coordination and communication.

The provincial communications management and the municipalities, district (community) economic and informational authorities and public security authorities should establish communication mechanisms for the protection of communications facilities, organize communications facilities and protect relevant laws, regulations, regulations and regulations, as well as national, provincial and relevant advocacy education, and promptly investigate relevant violations.

The Article 19 provincial communications management authorities will delineate the scope of the protection of communications facilities, in accordance with the relevant national regulations and the actual practice of the province, as well as to inform society.

The scope of the protection of communications facilities, as defined in the previous paragraph, should be established by the communication operators to establish protection signs, establish protective measures such as the fence, publish contact calls, protect signs of communication facilities and protect the destruction of facilities, and should be rehabilitated or updated in a timely manner.

Article 20 of the Province's Maritime and Fisheries Administration authorities are informed by sea operators, such as fishermen, in accordance with the relevant national provisions and in practice in the province, of the delimitation of the area of submarine communications (electronic) cable protected areas, and by means of a short letter of hand.

In maritime operations, the sea operators should immediately cease their operations and report the appropriate protection measures taken by the territorial Maritime and Fisheries Administration authorities and the submarine-based cable owner, without allowing for the transfer of submarine (electronic) cables, delays or interruption.

Article 21 Operators should establish systems for the protection of tenure and security management, day-to-day escorts to secure the safe operation of communications facilities.

The commune of communication operations entrusted the village (resident) committees, social organizations, businesses or individuals with the protection of communication facilities, such as access and information collection, and should enter into a protection agreement with the trustee to clarify the means of delivery, steps, frequency, content and information transmission, the identification of hidden processing procedures and funding, incentives, and training on the knowledge and skills of the trustee in the protection of communications facilities.

Article 22, paragraph 2, of the communication operation should develop communications security emergencies in response to major natural disasters and the disposal of sudden-onset events, establish communications emergency response teams, guarantee emergency facilities and material reserves, and organize, where appropriate, a communications emergency response exercise and enhance communication capacity to respond to emergencies.

In accordance with the relevant provisions of the State and in practice in the province, provincial communications management provides guidance and oversight on the communications security response of the communications operators.

Any unit and individual shall not prevent access of emergency communications security personnel, vehicles and facilities equipment to secure emergency disposal sites and shall not collect any costs.

Article 23 Operators should establish a security risk assessment system for communications facilities, in accordance with the relevant national provisions; focus monitoring of the larger range of security risks and places; and update, rehabilitate or stop the use of communications facilities that are not in accordance with the conditions of safe use.

Plans such as art. 24 planting trees should be maintained in a safe interval with established communications facilities; endanger the safety of communications facilities or prevent their normal use, and the communications operators should inform plant ownership or regulators of their timely delivery. In the event of endangering the safety of communications facilities and the urgency of the situation, the communes of the communications operation can renovate plants that are not in compliance with the requirements of the safe intervals and provide timely briefings to plant ownership or management.

Communications operators should inform society of the relevant elements provided by States and provinces in areas where communications facilities are installed or adopted.

A new construction project in article 25 should maintain a secure interval with established communications facilities. For objective reasons, the latter should determine safety protection measures in consultation with the owner of the communication facility or the right to use, and should bear related costs.

No unit or individual shall be allowed to change or to transfer communications lines and other communications facilities. Changes or relocations should be sought in advance to the views of the owner of the communication facility or the use of the holder, to consult on the identification of changes in the communication facility or the relocation of the communication facility and to bear the required costs. The parties agreed to implement in accordance with the agreement on changes in communications facilities or relocation.

Article 26 works in areas where communications facilities are installed or adopted that may affect the safety of communications facilities, construction units or construction units should be consulted with the communications operators and take appropriate security protection measures.

The construction units or construction units should assist the operators in the conduct of the communications operation and assume the corresponding liability as a result of the construction of the facility.

Article 27 prohibits the implementation of the following activities that endanger the safety of communications facilities:

(i) Expropriation, theft, destruction and destruction of communications facilities;

(ii) Construction of homes and exhumation, logging, bulldozing, rift, drilling, excavation, chewing, blocking and trawl within the context of the protection of communications facilities established by the State and the province;

(iii) The dumping of corrosive hydrates, such as acid, alkanes and salts, on the ground that is buried under the pipeline, communication light (electronic);

(iv) Restructuring, mobile, dismantled or damaged the preservation of communications facilities;

(v) Other activities against the safety of communications facilities prohibited by law, regulations and regulations.

Article 28 purchases the old communication facility and should test and retain the proof of the opening of the sale unit that information on the name of the sale unit and the name, number and specifications of the goods should be maintained for a period of two years. The discovery of suspicious lines of intrusion, theft and destruction of communications facilities should be reported immediately on public security authorities.

The acquisition of communications facilities, such as cables, which are not legally certified by the source.

Chapter IV Legal responsibility

In violation of this provision, article 29 provides that one of the following cases is remedied by the authorities of the urban, district (commune) population in the establishment area; causes serious consequences, by virtue of which the competent body is responsible for direct responsibility and other direct responsibilities is lawfully disposed of by law:

(i) No dedicated planning for the development of communications infrastructure;

(ii) Rural and urban planning or overall land-use planning do not include specific elements for communications infrastructure-building;

(iii) Other cases to be addressed by law, regulations and regulations.

In violation of this provision, the conclusion of a monopoly agreement restricts the right of the communication operators to equal access, use or limit the choice of the user, which is governed by the law by the executive authorities of the market supervision (business administration) or by the law, legislation and regulations.

Article 31 violates the provisions of article 19, paragraph 2, 21, article 22, paragraph 1, 23, article 24, paragraph 2, and is being responsibly corrected by the provincial communications management authorities; and is fined by over $300,000.

In violation of article 20, paragraph 2, of this provision, the administrative authorities of the oceans and fisheries are punished in accordance with the relevant provisions of the protection of the cables of the national seabed (ITU).

Article 32, in violation of article 25, paragraph 2, and article 26, paragraph 1, of the present article, is being corrected by the provincial communications management body, with a fine of up to 10,000 dollars.

In violation of the provisions of articles 27, paragraphs 2 to 4 of the present article, a change in the order of the provincial communications authority could be made up of a fine of up to 5,000 dollars; in the event of a serious fine of up to $300,000. Maritime-related administrative authorities are punished by the relevant laws, regulations and regulations.

Article 33, in violation of article 28 of this provision, is punishable by public security authorities in accordance with the relevant provisions of the acquisition of obsolete metals by the State.

In Article 34, the communications management and the relevant sectors such as public security, urban and rural planning, economic and informationization, and their staff, have been given negligence in the construction and protection of communications facilities, abuse of authority, provocative fraud, and are disposed of by law by the competent organ responsible for direct responsibility and other direct responsibilities.

Article 35, in violation of this provision, constitutes a violation of the law and is punishable by public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; constitutes an offence punishable by law by the judiciary.

Annex to chapter V

The communication facility referred to in article 16 refers to the provision of communications services to the public in society for the purpose of the exchange of equipment, the transmission of equipment and the accompanying equipment for the performance of communications functions. Mainly include:

(i) Communications lines: including fibre (electronic) cables, electricity cables, etc.; hand boxes, sub-six boxes; pipelines, tanks, human wells (comparables); electrical, trajectory, reciprocity, linkages and support mechanisms; co-facilitative and protective facilities such as markers, markers, wells.

(ii) Communications equipment categories: base station, medium terminals, microwashings, hiding stations, sea cable landing stations (points), indoor distribution systems, wireless LAN systems, route access equipment, public telephone terminals etc.

(iii) Other construed equipment categories: communications iron, access to a space line; public telephone booths; communications machines, air conditioning, batteries, open power sources, uninterrupted power sources, solar panels, oil machines, transformers, protective equipment, environmental control equipment.

(iv) Other communications facilities identified by national communications authorities.

The communications infrastructure referred to in this provision refers to communications facilities such as communication ray (electronic) cables (pipe), telecommunications, mobile base stations (tat rail and airfields).

The communications operators referred to in this provision refer to businesses that have obtained a licence for the operation of telecommunications operations under the law and enterprises operating other communications operations ( facilities) in accordance with national provisions.

Article 37 provides for implementation effective 1 April 2016.