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 General provisions article to enhance the communication facilities construction and protection, secure communications networks safe, enhance the level of communication services, promoting healthy development of communications, in accordance with the People's Republic of China Telecommunications Ordinance and other relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

Article within the administrative region of this province communication facilities construction and protection these provisions apply.

Broadcast television facilities construction and protection of the radio and television regulations shall apply the regulations on protection of radio and TV facilities and other relevant laws and regulations; not specified by relevant laws and regulations, these provisions shall apply.

Third communication facilities in the public infrastructure, are protected by law.

No entity or individual may engage in activities endangering communication facilities construction and protection.

Fourth article County above Government should will communications facilities construction and protection into this level economy and social development planning; coordination processing good communications industry about planning and urban and rural planning, and land using general planning of relationship, advance communications facilities construction and urban and rural based facilities construction of build shared; urged about sector and units law perform communications facilities protection duties, and will communications facilities protection into social security comprehensive and peace construction of content.

The township (town) people's Government, neighborhood offices shall cooperate with the relevant departments and units and communications business operators to put communication facilities construction and protection.

Fifth provincial communications authorities in charge of the province, within the administrative area of communication facilities construction and protection of the supervision and management of the work.

Urban and rural planning, economic and information above the county level administrative department in accordance with the laws, regulations and provisions of the people's Governments at the corresponding level, responsible for the Administration and communication facilities construction and protection in the relevant work.

Responsible for the administration of public security organs above the county level violations such as disrupting communication facilities construction in order to deal with and the protection of communications facilities related work.

Sixth communication business operator shall establish and improve communication facilities construction, protection and management of rules and regulations, compliance with the People's Republic of China Telecommunication Ordinance and other relevant laws, regulations and rules provides that protection of communications infrastructure construction project quality and safety of communications networks, implementation of communication facilities security protection obligations. Chapter II planning and construction of the seventh provincial development and reform of administrative departments, provincial communications authorities based on national information industry development plan, the province's national economic and social development plan, organization, communications industry development plan, submitted to the provincial people's Government for approval.

The preparation of national communications industry development plan in the province otherwise provides, from its provisions. Eighth District of city, County (City) town and country planning, economic and information technology and other relevant departments and units under the town and country planning and communication industry development planning, special planning guidance, communications infrastructure requirements, jointly organized the preparation of this communication infrastructure planning, the people's Governments at the corresponding level for approval. The prior permission of the people's Governments at the corresponding levels, should seek the views of provincial communications authorities.

Special planning guidance, communications infrastructure by the provincial communications authorities in conjunction with the provincial housing and urban-rural construction, and other relevant departments to develop.

Communications planning for basic facilities construction to follow adapted to economic and social development needs, protection of public interest, to improve the living environment, intensive construction and the principles of sustainable development.

Nineth district of the city and County (City) town and country planning and land use plan should contain content relevant to communication infrastructure planning. Controlled detailed planning of urban and rural planning should be the implementation of the regional communications infrastructure planning to determine facility location, space requirements, layout and so on.

Urban planning administrative departments according to the communication infrastructure planning, imposed on projects related to the construction of telecommunications infrastructure in accordance with planning permission.

Communications infrastructure planning and urban underground comprehensive pipe Gallery building and construction of urban rail transit planning link. Tenth Article rural communication infrastructure planning construction activities shall be implemented.

Town and country planning, land and resources, and other relevant departments shall communications planning as construction projects for basic facilities construction site selection, engineering, building and land-use approval (approval) basis. Planning and design of railway stations, airports, ports, highways, railways, urban roads, bridges, tunnels, urban rail transit construction project, the construction unit shall co-ordinate the communication facilities construction needs, provision for communications infrastructure space.

Above the county level development and reform administrative departments before the review preliminary design documents of the construction project, it shall notify the provincial communications authorities or their authorized units to participate in.

11th communication infrastructure construction should be in accordance with overall planning, the principle of sharing and rational use of resources, compliance with relevant laws, rules and regulations, implementation of communications infrastructure engineering construction compulsory standard, in line with the requirements for safety, energy saving, disaster prevention and mitigation.

12th in parks, squares, tourist attractions, public green spaces in public areas such as the owner or manager communication infrastructure should be facilitated, and secure communications business operators a fair entry. State organs, public institutions should support the construction of telecommunications facilities, such as, the relevant municipal infrastructure and public facilities shall be in accordance with the relevant provisions of the State, open to the construction of telecommunications facilities.

Prohibit charging entry fees and contribution fees unreasonable fees. 13th residential construction should implement fiber to the home national standard specification.

Communication pipeline and wiring in the building facilities as well as residential construction projects within the scope of communication pipes, construction of equipment and other facilities should be incorporated into the housing project design documents and residential construction and acceptance of construction projects at the same time, the requirements should be integrated into residential construction project budget estimates.

Construction of residential units and property services company providing fiber to the home renovation of residential buildings have been built with convenience, monopoly agreements signed with any enterprise, limited other communications business operators equal access, use, or restrict the user's choice. Fiber to the home communications facilities are not unqualified acceptance or acceptance, as required, shall not be connected to the public telecommunications network.

Provincial communications authorities in accordance with the communication facilities such as fiber to the home project quality supervision and management. 14th support communications facilities and roads, bridges, tunnels, urban rail transit infrastructure and ancillary facilities, such as sharing.

Support public communication facilities with a special communication facility sharing.

Provincial communications authorities in conjunction with the provincial housing and urban-rural development, economic and information technology, transport, public security, and other relevant departments and units, based on the co-construction and sharing of the relevant provisions of the State and the province, this communication facilities and municipal infrastructure other infrastructure, such as sharing a directory listing, and modified.

15th construction and operation of communications facilities, shall comply with the People's Republic of China environmental protection law and other laws, rules and regulations and the relevant provisions of the national environmental protection of electromagnetic radiation, in line with national radiation protection standards.

Administrative Department of environmental protection should establish sound communication base station environment supervisory mechanisms, communication infrastructure operation electromagnetic radiation safety knowledge education, public understanding of electromagnetic radiation.

16th article communications facilities construction need levy land (woodland), and housing or using waters (waters) of, in accordance with land (woodland), and housing levy or waters (waters) using of legal, and regulations provides handle about procedures, and according to provides paid corresponding of compensation costs; communications rod, and mast, and Tower, and pipeline, communications facilities construction not need handle land procedures of, should and collective land ownership people, and land contracting right people or construction with to right people consultations determine, and give corresponding economic compensation.

17th communication facilities require the use of residential and other buildings and structures or the space at the top of, shall comply with the environmental protection requirements to ensure safety of buildings, structures, and relates to the buildings and structures of ownership or right to negotiate to determine the economic compensation and other matters.

Chapter III protection of 18th district municipalities and counties (municipalities) people's Government the establishment of responsibility system for protection of communications facilities, organization of economy and information technology, public security, urban planning, transportation, and other relevant departments and communications business operators to establish communication infrastructure protection coordination and communication mechanisms.

Provincial communications authorities and city divided into districts, counties (cities) of economy and information technology Administrative Department and the public security organs shall establish communications facilities to protect communication and coordination mechanisms, organize communication facilities construction and protection-related laws, rules and regulations, and relevant regulations of the State, province, education, timely investigate and deal with related offences.

19th provincial communications authorities, jointly with relevant departments and communications business operators, in accordance with the relevant provisions of the State and the province, designated communications infrastructure protection and announced to the public.

Communication facilities as defined by the scope of protection of the preceding paragraph, communications business operators shall set up a flag, set the fence (fence) and other protective measures, released contact telephone communication facilities protection or protection facilities damaged, should be promptly repaired or updated.

20th Provincial Oceanic and fishery administration departments, communication management and communication business operator, in accordance with the relevant provisions of the State and the province, delineation of the submarine communication optical (electrical) cable reserve, announced to the public, and by sending a mobile phone text message or any other means, was known by fishermen at sea.

Offshore hook occurs in submarine optic (electrical) cable, offshore operators should immediately stop operations, and reports the location of the marine and fishery administrative departments and submarine optical (electrical) cable owners take appropriate protective measures may be supplemented, the bottom light (electrical) cable up, broken or cut off.

21st communication business operator shall establish and improve communication facilities protection system and security management, daily patrol system to ensure safe operation of communications facilities.

Communications business operators delegate village (home) people Committee, and social organization, and enterprise, units or personal bear tour nursing and hidden information collection, communications facilities protection work of, should and trustee people signed delegate protection agreement, clear tour nursing personnel of tour nursing way, and steps, and frequency, and content and information passed, and found hidden of processing program and funding grants, and award measures, content, and regularly on trustee people for communications facilities protection related knowledge and skills of training.

22nd communications business operators shall formulate a response to major natural disasters and disposal of emergency communication emergency plans, establishing communications emergency response team, protection of emergency facilities and material reserves, timely communications emergency exercise, improve communication security emergency response capacity.

Provincial communications authorities in accordance with relevant regulations of the State and the province, communications operator guidance and supervision of communications security response.

No unit or individual shall not prevent emergency communications personnel, vehicles and facilities into communication guarantee emergency treatment site, and shall not charge any fee.

23rd communication business operator shall, in accordance with the relevant provisions, establish communication infrastructure security risk assessment system lots and places emphasis on safety risk monitoring, timely updates, modification or cessation of use do not meet the conditions for the safe use of a communication facility. 24th planting trees and other plants, and communication facilities have been built to maintain the required safety distance; endanger the safety or impede the normal use of communication facilities, communication business operator shall inform the plant owner or an administrator in time to trim the transplant.

Endanger the safety and emergency communication facilities, communications business operators can trim the graft does not meet the requirements of the safety distance between plants, and timely information is given to the plant owner or Manager.

Communication business communication facilities managers should set area or by country and province related content provided to society announcements. 25th new construction projects, and communication facilities have been built to maintain the required safety distance.

Due to objective reasons for not keeping a safe distance, units should work with communications facilities after owner determined in consultation or the holder of the safety precautions, and to bear the related costs. Without authorization, no unit or individual is allowed to change or remove the other lines of communication and other communication facilities. Really necessary to change or transfer shall first seek the views of the ownership or use of communications facilities, consultation communication infrastructure changes or matters relating to migration, and to bear the related costs.

Party communications facilities to change or remove the issues otherwise stipulated in the agreement, in accordance with the agreement provisions.

26th in communications facilities or by region may affect the communication facilities construction, the construction unit shall consult with the communications business operators or the construction unit, and take the appropriate safety precautions.

Damage to communications facilities due to construction, construction of the unit or units shall assist in the communications business operators to carry out the repair, and bear the liability. 27th article ban implementation following against communications facilities security of activities: (a) occupation, and theft, and damage, and damaged communications facilities; (ii) in national and this province provides of communications facilities protection range within built housing and dug sand, and quarrying, and take soil, and heap soil, and drilling, and dug ditch, and broke down, and trawl; (three) in buried has underground pipeline, and communications light (electric) cable logo of ground Shang dumping containing acid, and alkali, and salt, corrosion sex of waste, and waste; (four) altered, and mobile, and demolition or damaged communications facilities protection logo; (five) legal, and

Laws and regulations to prohibit the other undermining the security of communications activities. 28th acquisition of used communication facilities shall examine and save sale a certificate issued by the, to sell the unit name and the agent's name, social security number, and the item name, quantity, specification information, such as registration, certificates and registration information shall be kept for 2 years.

Found suspicious clues appropriation, theft, damage of communication facilities shall report to public security organs immediately.

Prohibiting the acquisition of legitimate sources of communication cable and other communications facilities. Fourth chapter legal responsibility 29th article violation this provides, has following case one of of, by set district of city, and County (City) Government ordered corrected; caused serious consequences of, by right to organ on directly is responsible for of competent personnel and other directly responsibility personnel law be disposition: (a) not prepared communications based facilities construction special planning of; (ii) urban and rural planning or land using general planning not contains communications based facilities construction special planning related content of; (three) legal, and

Laws and regulations should be dealt with in other cases.

30th article violates these provisions, signed a monopoly agreement limiting communications business operators equal access, use, or restrict the user's choice, supervised by the market (Business Administration) the competent administrative departments or the laws and regulations of other departments shall be investigated and prosecuted.

31st in violation of the provisions of article 19th, 21st in the second paragraph of the first article, 22nd, 23rd, 24th, second paragraph, the provincial communications authorities ordered rectification; fails, fined not more than 3000 more than 30000 Yuan.

Violation of the provisions of the second paragraph of this article 20th, the Department of marine and fisheries administration in accordance with the national undersea optic (electrical) cable pipeline protection regulations will be punished.

Article 32nd violation of the provisions of article 25th, 26th, first paragraph, by the provincial communications authorities a rectification, fined not more than between 100,000 yuan and 10,000 yuan. Violation of the provisions of article 27th to the fourth requirement, by the provincial communications authorities ordered corrective action and may be fined not more than RMB 500 Yuan more than 5000 are serious, more than 5000 30000 Yuan fine.

Relating to waters, the Department of marine and fisheries administration pursuant to the relevant laws, rules and regulations will be punished.

Violation of the provisions of article 28th of the 33rd article, by the public security authorities in accordance with the relevant provisions of the State purchase of scrap metal will be punished.

34th Provincial communications authorities and public security, urban and rural planning, economic and information about the Department and its staff in the communications infrastructure and protection there is dereliction of duty, abuse of authority or engages in acts, by the competent authority directly responsible for the personnel and other persons directly responsible shall be disciplined.

Article 35th of a violation of this provision constitutes a violation of public security management, public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized constitutes a crime, shall be investigated for criminal responsibility by judicial organs. The fifth chapter supplementary articles article 36th communications facilities in these rules refers to provide communication services to public, used to implement the communication function of switching equipment, transmission equipment and ancillary equipment.

Include: (a) communication line types: light (power) cables, power cables, etc;-junction box, (with) line box; pipes, channels, well (hole), Poles, wire, hanging, hooks and braces and protective devices; mark, logo signs, manhole covers and other ancillary facilities.

(B) communications equipment: including base stations, repeaters, microwave stations, repeaters, submarine cable landing station (point), Interior distribution systems, wireless local area network equipment, public telephone, cable access terminals.

(C) other supporting equipment: including communications tower, transmitting and receiving antenna; public telephone booths used to maintain normal operation of communications equipment communication equipment room, air conditioning, batteries, switching power supplies, uninterruptible power supplies, solar panels, oil purifier, transformer, security equipment, power and environment monitoring equipment and other ancillary facilities.

(D) the national communications authority found other communications facilities.

Communications infrastructure in these rules refers to communication (electrical) cable (pipes), communication, mobile base station (Tower and mast and room) and other communication facilities.

Communications business operators in these rules refers to the law of telecommunications business license business and according to state regulations, other communications services (facilities) of the enterprise. 37th article of the regulations come into force on April 1, 2016.