Laws of the Shanghai Province

(Promulgated on September 13, 2001 by Decree No.106 of the Shanghai Municipal People' s Government)

Article 1 (Purpose and Basis)

In accordance with the relevant laws and regulations, taking into accounts the actual circumstances, these Procedures are formulated to strengthen the administration of the overhead lines of urban roads, to utilize fully the resources of underground space of urban roads, and to improve the city appearance and environment.

Article 2 (Definition)

The overhead lines mentioned in these Procedures refer to the cable span over the urban roads, including high (low) voltage electricity transmission lines, information transmission lines, trolley power supply and feed lines.

Article 3 (Principle of Administration)

The construction and administration of the overhead lines of urban roads of this Municipality implement the principle of centralized administration and decentralized responsibility, reasonable planning, strict controlling, and step-by-step interring.

Article 4 (Administrative Department)

The Shanghai Municipal Public Works Administration (hereinafter referred to as SMPWA) is the competent administrative department of overhead lines of urban roads of this Municipality and the Shanghai Municipal Road Pipes and Lines Supervisory Office (hereinafter referred to as the SMRPLSO) is responsible for the specific work. The district/county administration departments of construction shall be in charge of the administration of overhead lines of urban roads within their respective administrative area.

The relevant administrative departments of planning, electric power, information, communication, traffic, city appearance and environmental sanitation, housing, greening and public security, etc. shall cooperate to implement these Procedures according to their respective duties.

Article 5 (The Controlling of Planning of New Overhead Lines)

No new overhead lines shall be erected over the urban roads of the key city, the new city, and the key towns.

When there is need to erect new overhead lines beyond the scope provided by the preceding clause, the construction unit shall apply to the municipal planning bureau or county/district administrative departments of planning, and shall proceed with the construction after being examined, verified and approved.

Article 6 (Administration of Temporary Overhead Lines)

When it is necessary to erect temporary overhead line due to project construction or other special activity within the limits of the key city, the new city, and the key town, the application for erecting temporary overhead line shall be submitted to the SMPWA or the district/county administrative department of construction according to the principle of the division of administration of urban roads at two levels by this Municipality and district/county. The SMPWA or the district/county administrative department of construction shall make the decision of approval or non-approval within 5 working days, and notify the applicant of the decision.

The applicant shall remove the temporary overhead lines he erected within 15 days after the termination of the project construction or other activities.

Article 7 (Interring Planning and Plan)

All the erected overhead lines of urban roads within the inner-ring road in the key city, the new city, and the key town shall be interred into the land step by step.

The SMPWA shall draw up the planning of interring the overhead lines of this Municipality jointly with the city planning bureau and the administrative departments of electric power, information, telecommunication, and traffic. The district/county administrative department of construction shall formulate the construction plan of interring urban road overhead lines within their respective limits, jointly with the administrative department of planning at the same level, according to the planning of interring the overhead lines, and at the same time listen to the opinions from the relevant owner-units of the overhead lines.

The owner-units of the overhead lines shall make sure that they have the fund and organize the implementation in accordance with the construction plan of interring the overhead lines.

Article 8 (Construction of Synchronized Interring)

The key city, the new city, and the key town shall do a synchronization work for the interring construction of the overhead lines along the way when they newly construct, reconstruct, or extend their urban roads, or carry out overhaul of their urban roads.

The SMPWA or the district/county administrative department of construction shall notify the owner-units of relevant overhead lines of the synchronization plan within 5 working days after the construction plan of extension, reconstruction of urban roads or overhaul work stipulated in the preceding clause has been determined. The owner-units of the overhead lines shall draw up a scheme for the carrying out of synchronized interring work, and organize its implementation.

If the overhead lines are impossible to be interred into the land due to underground conduit space or other reasons, they may be allowed to be retained temporarily after being examined, verified, and approved by the SMRPLSO.

Article 9 (Utilization of Conduits interred in Advance and Common Ditches)

For urban roads that already have conduits interred in advance or common ditches, the newly built cables along the way shall be laid and buried into the pre-reserved conduits interred in advance or common ditches.

Article 10 (The Administration of the Overhead Lines and Poles)

The owner-units of the overhead lines and the poles of the overhead lines shall strengthen the inspection tours and examination of their overhead lines and poles of the overhead lines. They shall take responsibility for the maintenance and repairing of their own overhead lines and poles of the overhead lines, in order to ensure the safety, tidiness, and intact of their overhead lines and poles of the overhead lines.

The owner-units of the overhead lines and poles of the overhead lines shall clear away the abandoned overhead lines and poles of the overhead lines in time.

Article 11 (The Handling of Those Overhead Lines and Poles of the Overhead Lines Whose Owner is Unknown)

When the district/county administrative department of construction or an owner-unit of overhead lines and poles of the overhead lines discovers any overhead lines or poles of the overhead lines whose owner is unknown, it shall request the SMRPLSO to give public notice in time. The public notice shall be valid for 90 days. After the announcement time has expired, the district/county construction administrative departments shall organize the removal if no one claims them.

Article 12 (The Handling of the Damaged Overhead Lines)

No unit or individual person is allowed to jeopardize the safety of overhead lines and poles of the overhead lines.

Anyone who damaged the overhead lines shall immediately report to either SMRPLSO, or to the district/county construction administrative department. After receiving the report, the SMRPLSO or district/county construction administrative department shall immediately notify the owner-unit of the damaged overhead lines. The owner-unit of the damaged overhead lines shall organize in time an emergency repair in order to restore the overhead lines to its normal condition.

Article 13 (The Performance of the Interring on Behalf of Others)

For those who do not fulfill or refuse to inter the overhead lines into the land that should be interred, the SMPWA or the district/county construction administrative department shall organize relevant units to inter on their behalf, and the expenses shall be borne by the owner-unit of the overhead lines.

Article 14 (Preferential Measures)

The owner-units that carry out construction of interring the overhead lines shall enjoy appropriate preferential policy according to relevant provisions.

Article 15 (Spread of the application of non-digging Technique)

The laying and burying of overhead lines shall rely on the scientific new technology and spread the application of non-digging technique.

Article 16 (Penalties)

Any act done in violation of the provisions of these Procedures shall be penalized according to the following provisions:

1. Any act done in violation of Article 6 of these procedures, by erecting temporary overhead lines without authorization or failing to demolish the temporary overhead lines within the fixed time limit, shall be enjoined by the SMPWA or the district/ county construction administrative department to make corrections and may cumulatively be penalized with a fine of between not less than 500 yuan and not more than 5000 yuan.

2. Any act done in violation of Article 8 of these Procedures by refusing to bury the overhead lines into the land, the SMPWA shall order him to make corrections within a time limit. If the wrongdoer refuses to make corrections, he may be penalized with a fine of between not less than 3000 yuan and not more than 30,000 yuan.

3. Any act done in violation of Article 10 of these Procedures by failing to perform the duties of repairing and maintaining the overhead lines and the poles of the overhead lines, the SMPWA or the district/county construction administrative department shall order them to make corrections within a time limit. The wrongdoer who refuses to make corrections shall be penalized with a fine of between not less than 500 yuan and not more than 3000 yuan;

4. Any act done in violation of Article 12 of these Procedures by jeopardizing safety of the overhead lines and the poles of the overhead lines or failing to report in time after damaging the overhead lines shall be penalized by the SMPWA or the district/county construction administrative department with a fine of between not less than 500 yuan and not more than 5000 yuan

Anyone who violates Article 5 of these Procedures shall be punished by the administrative department of planning according to the relevant city planning provisions.

Article 17 (The Investigation of Wrongful Acts of Law Enforcing Personnel)

Any law enforcing personnel neglect their duties, abuse their powers, engage in malpractice for personal gains, or extort or accept bribes, and bend the law when executing, shall be punished with a disciplinary sanction by the unit where he works or the competent authorities at higher level. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for his criminal liability.

Article 18 (Reconsideration and litigation)

If the party concerned does not accept the specific act of the administrative department, he may apply for reconsideration or bring a lawsuit in accordance with the "Administrative Reconsideration Law of the People' s Republic of China" or the "Administrative Litigation Law of the People' s Republic of China" .

Article 19 (Date for Implementation)

These Procedures shall become effective on November 1, 2001.