Laws of the People's Republic of China

CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO MANAGEMENT ORGANIZATIONS AND THEIR FUNCTIONS CHAPTER THREE BUILDING AND USE OF RADIO STATIONS CHAPTER FOUR MANAGEMENT OF FREQUENCIES CHAPTER FIVE DEVELOPMENT, MANUFACTURING, MARKETING AND IMPORT OF RADIO TRANSMISSION EQUIPMENT CHAPTER SIX RADIO WAVES BY NON-RADIO EQUIPMENT CHAPTER SEVEN MANAGEMENT OF RADIO STATIONS INVOLVING FOREIGN AFFAIRS CHAPTER EIGHT MONITORING, SUPERVISION, AND EXAMINATION OF RADIO STATIONS CHAPTER NINE PENALTY PROVISIONS CHAPTER TEN SUPPLEMENTARY PROVISIONS

CHAPTER ONE GENERAL PROVISIONS

   Article 1. This set of regulations is formulated in order to strengthen the management of radio operation to ensure normal transmission of radio wave in the air, full use of the radio frequencies, and the normal operation of all radio services.

   Article 2. The regulations shall apply to the setting up and operation of radio stations and the development, manufacturing, and importing of radio transmission equipment, and the operation of non-radio equipment which emit radio waves in the People's Republic of China.

   Article 3. The management of radio operations shall be realized under a unified leadership and planning and a clear division of work at different levels to ensure scientific management and stimulate development.

   Article 4. The radio frequencies are put under the allocation of the State and the State exercises unified planning and management of the development and compensated uses of the frequencies.

   Article 5. The State encourages the development, use, and research of the whole radio frequency specturm and strives to spread advanced technology and management skills.

Units and individuals that have made major contributions to the management and research with regard to radio operations shall be rewarded.

CHAPTER TWO MANAGEMENT ORGANIZATIONS AND THEIR FUNCTIONS

   Article 6. The State Radio Management Organization, which is under the leadership of the State Council and the Central Military Commissor, is responsible for the management of radio operations in the whole country. Its main functions are:

1. To formulate principles, policies, and administrative decrees on the management of radio operations;

2. To formulate the rules for the management of radio operations;

3. To exercise the unified management of radio stations and frequencies;

4. To coordinate and handle matters relating to the management of radio operations;

5. To formulate the standards with regard to radio management;

6. To organize scientific research in radio management;

7. To monitor the radio operations in the whole country;

8. To handle matters concerning foreign affairs in radio management.

   Article 7. The Radio Management Organization of the Chinese People's Liberation Army is responsible for the radio management in the military community. Its main functions are:

1. To participate in the formulation and implementation of the principles, policies, laws, and regulations concerning the radio management and formulate the radio management rules for the military community;

2. To examine, approve and issue licenses for the setting up of radio stations in the military community;

3. To undertake the planning, allocation and management of radio frequencies in the military community;

4. To approve the technical standards for radio management involving the development, production, and marketing of military radio equipment as well as the procurement and import of radio equipment by military units;

5. To organize the research in military radio management and formulate technical standards for the management of military radio equipment;

6. To supervise and examine radio operations in the military community; and

7. To participate in and coordinate matters concerning radio management between the military and civilian communities.

   Article 8. Radio management organizations of various provinces, autonomous regions and municipalities under the direct administration of the central government are responsible for the management of radio operations except those of military community within their jurisdiction under the leadership of the radio management organizations at the next higher level and the people's governments at the same level. Their functions are:

1. To implement the principles, policies, laws, and regulations concerning radio management promulgated by the State;

2. To formulate detailed rules for radio management in their localities;

3. To coordinate and handle matters relating to radio management within their administrative regions;

4. To examine and approve the layout and site of new radio stations, allocate radio frequencies and call signals, and issue licenses within their terms of reference; and

5. To monitor radio operations within their administrative areas.

   Article 9. The radio management organizations under the relevant department of the State Council are responsible for the radio management of their own systems. Their main functions are:

1. To implement the principles, policies, laws, and regulations concerning radio management promulgated by the State;

2. To formulate detailed rules for radio management in their systems;

3. To examine and approve the layout and site of new radio stations, allocate radio frequencies and call signals, and issue license within their terms of reference; and

4. To handle other matters entrusted by the State Radio Management Organization.

   Article 10. The State Radio Monitoring Center, the radio monitoring stations at all levels, the State Radio Frequency Management Center, and the State Radio Frequency Management Center, and the State Radio Frequency Management Research Institute are respectively responsible for the monitoring of radio frequencies, technical standards and development, and scientific research involving radio.

CHAPTER THREE BUILDING AND USE OF RADIO STATIONS

   Article 11. In setting up radio stations, a unit or an individual shall file a written application, go through the examination and approval procedures, and obtain a license.

   Article 12. In setting up a radio station, the following conditions are required;

1. The radio equipment should conform to the State technical standards;

2. The radio operators should be familiar with the relevant regulations concerning radio management and should be skilled in and qualified for the operation;

3. The design of the radio network should be economical and safe for working environment; and

4. The unit or individual to set up the stations should be accommodated with necessary management measures.

   Article 13. The setting up and use of the following radio stations shall have the approval of the corresponding radio management organizations according to the provisions of this set of regulations;

1. Approvals by the State Radio Management Organization are required for the setting up of radio stations whose scope of transmission or operation cover more than two provinces or cross the country border or of radio stations set up and used by the central and government organs (including their auxiliary units) for special purposes;

2. Approvals by provincial or autonomous regional radio management organizations are required for the setting up of radio stations which offer transregional transmission or operation and for radio stations set up and used by provincial or autonomous regional organs (including the units under the direct administration of the provincial or autonomous regional governments) at the seats of the provinces or autonomous regions.

Approvals by the radio management organizations of the municipalities under the direct administration of the central government are required for setting up of radio stations whose scope of transmission or operation covers the municipalities.

3. Approvals by cities which have districts are required for setting up of radio stations whose transmission operation covers the cities.

The setting up of permanent radio stations according to the provisions of the preceding paragraph shall get the consent of the departments in charge at the next higher level.

Approvals by the department concerned entrusted by the State Radio Management Organization are required for setting up of radio stations undertaking special operations.

   Article 14. In installing radio stations on ships, trains and aircrafts, the licenses for the stations should be obtained according to relevant provisions and be submitted to the State Radio Management Organization or local radio management organizations for the record.

   Article 15. In setting up amateur radio stations, the examination and approval procedures shall be completed according to the provisions for setting up amateur radio stations promulgated by the State.

   Article 16. The site selection and layout of permanent radio stations within the urban planned areas shall conform to the urban planning and be subordinate to the planned management. The administrative departments in charge of urban planning shall make a unified arrangement to ensure the necessary working environments for the radio stations.

   Article 17. The call signals shall be compiled and allocated by the State Radio Management Organization and designated by the State Radio Management Organization, local radio management organizations or by departments concerned under the State Council designated by the State Radio Management Organization.

The call signals designated by the department concerned under the State Council shall be reported to the radio management organizations of the provinces, autonomous regions and municipalities under the direct administration of the central government where the radio stations are located for the record.

The ship call signals designated by the radio management organizations shall be reported to the department in charge or communications of the State Council for the record.

   Article 18. The radio licenses shall be printed by the State and check and issued by the State Radio Management Organization, local radio management organizations or departments concerned of the State Council designated by the State Radio Management Organization.

   Article 19. In emergency cases in which the safety of people's life and property are being threatened, radio equipment whose use has not been approved can be used temporarily but the cases shall be reported to the radio management organizations in time.

   Article 20. After a radio station has been approved for operation, it should be operated according to the examined and approved items. It is not allowed to transmit or receive signals that have nothing to do with its operation. If need arises to alter the operational items, it must go through the alteration procedures with the original organization of approval.

When the operation of a radio station is stopped or canceled, it should go through the relevant procedures with the original organization of approval.

   Article 21. Units or individuals using radio stations shall strictly observe the provisions concerning secrets promulgated by the State.

CHAPTER FOUR MANAGEMENT OF FREQUENCIES

   Article 22. The State Radio Management Organization shall exercise unified division and allocation of radio frequencies.

The State Radio Management Organization, local radio management organizations shall designate radio frequencies according to their terms of reference.

The department concerned of the State Council shall designate the radio frequencies allocated to its own system and report to the State Radio Management Organization or related local radio management organization for the record.

   Article 23. The designation and use of frequencies shall observe the provisions concerning frequency management of the State.

The frequencies already designated for use may be readjusted or recovered by the organizations which designated them after consultation with the user units.

If the period for the use of frequencies expires and there is the need of continued use, the procedures for extending the period of use shall be completed.

No unit or individual is allowed to assign, lease or lease in disguise the frequencies designated to it without the approval of the State Radio Management Organization or local radio management organizations.

   Article 24. When there is the need to control radio waves due to security of State or urgent tasks, the units or individuals which operate radio transmission equipment or other equipment emitting radio waves must observe the relevant radio control provisions.

   Article 25. For radio stations that set up according to law, the radio management organizations shall protect their using frequencies from harmful interference.

In handling the harmful mutual interference of radio waves, the principle is to give priority to frequencies within the band; to main operations; to the first users and to those covered by plans. In special circumstances, the case shall be coordinated and handled by the State Radio Management Organization according to actual circumstances.

CHAPTER FIVE DEVELOPMENT, MANUFACTURING, MARKETING AND IMPORT OF RADIO TRANSMISSION EQUIPMENT

   Article 26. Working frequencies and frequency bands needed for R/D or manufacturing of radio transmission equipment shall conform to the provisions of the State concerning radio management and be submitted to the State Radio Management Organization for examination and approval.

   Article 27. The working frequencies, bands, and related technical indices of the radio transmission equipment produced shall conform to the provisions of the State concerning radio management and submitted to the State Radio Management Organization or local radio management organization for the record.

   Article 28. In developing and manufacturing radio transmission equipment, effective measures shall be adopted to control the transmission of electric waves. Trial transmission shall get the approval by the State Radio Management Organization or local radio management organizations.

   Article 29. The working frequencies, bands, and related technical indices of imported radio transmission equipment shall conform to the provisions of the State concerning radio management and submitted them for examination and approved by the State Radio Management Organization or radio management organizations of provinces, autonomous regions, or municipalities under the direct administration of the central government.

   Article 30. Radio transmission equipment produced and sold by enterprises shall conform to the technical standards set by the State and to the provisions of laws and regulations concerned product quality. The product quality supervision and control departments under the people's governments at and above the county level shall exercise supervision and examination according to law.

CHAPTER SIX RADIO WAVES BY NON-RADIO EQUIPMENT

   Article 31. The radio waves rediated by industrial, scientific research, medical and electrical transportation systems, high voltage electric wires, and other electric devices shall conform to the State provisions and not interfere with radio operations.

   Article 32. The selection of sites for project installations that would rediate radio waves to interfere radio stations shall be made by the urban planning departments in consultation with the radio management organizations.

   Article 33. Harmful interference to radio stations originated from radiation by non-radio equipment produces, must be put off by the owner (owners) or users of the equipment. If the radiation should threaten to the safety of aircraft and ships, the operation of the equipment must be stopped.

CHAPTER SEVEN MANAGEMENT OF RADIO STATIONS INVOLVING FOREIGN AFFAIRS

   Article 34. Foreign related division, allocation, and coordination of radio frequencies and matter concerning harmful interference between Chinese and foreign radio stations shall be dealt with by the State Radio Management Organization together with relevant international organizations or states or regions.

   Article 35. Upon setting up or use of radio stations or carrying or transporting radio equipment by foreign embassies and representatives of the United Nations and its special organizations or of other international organizations enjoying diplomatic privileges in China, permission must be applied with the State Radio Management Organization through diplomatic channels.

And the setting up or use of radio stations or carrying or transporting radio equipment by other representative offices, visiting groups, foreign business people, and other foreigners in China, approval must be applied with the State Radio Management Organization or local radio management organizations according to the provisions of Article 13 of this set of regulations through the departments in charge or receiving units.

   Article 36. Radio Stations in foreign ships (including offshore oil platforms), aircrafts, and vehicles for use in the territory of China must observe relevant international treaties, to which the People's Republic of China is a signatory or participating party, and the laws, regulations, and rules of the People's Republic of China.

   Article 37. Data and information about radio stations required by the International Telecommunications Union shall be submitted to the State Radio Management Organization by departments concerned to be handled in a unified manner.

   Article 38. Without the approval of the State Radio Management Organization, no foreign organization or personnel is allowed to use electronic monitoring equipment to measure and test the radio wave parameters within the territory of China.

CHAPTER EIGHT MONITORING, SUPERVISION, AND EXAMINATION OF RADIO STATIONS

   Article 39. The monitoring of radio signals shall be undertaken by the State Radio Monitoring Center, the State Radio Monitoring Station, radio monitoring stations of provinces, autonomous regions and municipalities under the direct administration of the central government, and radio monitoring stations of cities which have districts.

   Article 40. The main functions of radio monitoring stations at all levels are:

1. To supervise radio stations to see whether they operate according to the prescribed procedures and items approved:

2. To search for radio interference sources and radio stations operating without approval;

3. To test the main technical standards of radio equipment;

4. To monitor the radio waves sent out by industrial, scientific research and medical and other non-radio equipment;

5. Other functions as provided for by the State Radio Management Organization and local radio management organizations.

   Article 41. The monitoring stations of departments concerned under the State Council shall be responsible for monitoring, supervising, and examining the radio stations in their own communities.

   Article 42. The State Radio Management Organization and local radio management organizations should be equipped with radio managing inspectors to undertake the supervision and examination of various works concerning radio management.

The departments concerned under the State Council should be equipped with radio management inspectors to exercise supervision and examination of radio stations in their own communities. Radio management inspectors shall carry out supervision and examination of radio stations within the terms of their reference and relevant units and individuals shall provide active cooperation.

CHAPTER NINE PENALTY PROVISIONS

   Article 43. The State Radio Management Organization or local radio management organizations shall give such punishments as warning, seal up, or confiscation of radio equipment and/or illegal proceeds on one of the following acts committed by any unit or individual. In more serious cases, a concurrent fine of more than RMB1,000 and less than RMB5,000 shall be imposed or radio license shall be revoked.

1. To set up and use radio stations without approval;

2. To develop, manufacture, and import radio transmission equipment in violation against the provisions of this set of regulations;

3. To interfere in radio operations;

4. To wilfully alter the items of radio operations approved, transmit or receive signals not associated with the normal operations;

5. To lease or assign frequencies in violation against the relevant provisions of this set of regulations concerning radio frequencies.

   Article 44. In case the law violating acts have caused major losses to the State, collectives or individuals, the responsibility of compensation shall be affixed. At the same time, the State Radio Management Organization or local radio management organizations should command or urge departments concerned to affix the administrative responsibilities on people or unit heads directly responsible.

   Article 45. Parties concerned which refuse to accept the punishments given by the State Radio Management Organization or local radio management organizations may apply for an review or take administrative proceedings.

   Article 46. Radio management personnel who abuse their powers or neglect their duties shall be given administrative punishments by their own units or organs at the next higher level. If the cases are serious enough, they shall be affixed with criminal responsibilities.

CHAPTER TEN SUPPLEMENTARY PROVISIONS

   Article 47. The radio management regulations of the Chinese People's Liberation Army (including militia) shall be formulated separately.

The radio management regulations for the air defence system shall be formulated separately.

   Article 48. The special rules and provisions for the radio management concerning public security organizations, the Chinese People's Armed Police Force, and the State Security Organizations shall be worked out separately by the Ministry of Public Security and the Ministry of State Security together with the State Radio Management Organization.

   Article 49. The regulations shall be implemented starting from the date of promulgation.