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Laws of the People's Republic of China |
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| Category | CULTURE | Organ of Promulgation | The State Council and the Central Military Commission | Status of Effect | In Force |
| Date of Promulgation | 1993-09-11 | Effective Date | 1993-09-11 |
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Radio Regulations of the People's Republic of China |
|---|
Article 1 These Regulations are established with a view to ensuring the
efficient use of the resources of radio frequency spectrum and the proper
operation of the various radiocommunication services by strengthening radio
management and maintaining the order of radio waves in the air.
Article 2 These Regulations shall apply to any radio station established
and operated in the People's Republic of China, any radio transmission
equipment developed and manufactured therein or imported thereto, and any
non-radio equipment radiating radio waves.
Article 3 In radio regulation the People's Republic of China carries out
the principle of unified leadership and planning with managerial work divided
among radio regulatory organs of different levels and responsibilities
delegated to them. Its aim is to promote the development of radiocommunication
by means of scientific management of the radio frequency spectrum.
Article 4 The resources of radio frequency spectrum is owned by the
State, which carries out the principle of planning its use in a centralized
manner, exploiting it rationally, managing it scientifically and providing
frequencies on a chargeable basis.
Article 5 The State encourages scientific research on the resources of
the radio frequency spectrum in addition to its exploitation and utilization,
so as to promote advanced technologies and improve the management of the radio
frequency spectrum.
Citations or rewards shall be given to the institutions and individuals Article 6 The state radio regulatory organ shall be responsible for the a) to formulate the principles, policies and administrative acts for radio b) to establish rules and regulations governing radio regulation; c) to undertake the centralized management of the radio stations and their d) to coordinate efforts and deal with matters relating to radio e) to establish inter-sectoral common standards for radio regulation; f) to arrange scientific research in the field of radio regulation; g) to undertake radio monitoring nationwide; and h) to deal with foreign-related matters concerning radio regulation in a Article 7 The radio regulatory organ of the Chinese People's Liberation a) to participate in formulating and implement the principles, policies, b) to examine and approve the establishment of the military radio stations c) to plan, assign and manage radio frequencies used for the military; d) to approve the development, manufacture and sale of military radio e) to arrange scientific research in the field of radio regulation in the f) to exercise supervision and carry out inspections of matters relating g) to participate in dealing with matters concerning the military civilian Article 8 The radio regulatory organs of provinces, autonomous regions, a) to implement the principles, policies, acts, and rules and regulations b) to formulate specific rules and regulations on radio regulation c) to coordinate efforts and deal with matters relating to radio d) to examine and approve, under their respective terms of reference, the e) to undertake radio monitoring within their respective administrative Article 9 The radio regulatory organs of the appropriate ministries and a) to implement the principles, policies, acts, and rules and regulations b) to formulate specific rules and regulations applicable to the sector c) to examine and approve, under the powers stipulated by the State d) to perform any other duties mandated by the state radio regulatory Article 10 The National Radio Monitoring Centre with its radio monitoring Article 11 Any institution or individual that intends to establish and Article 12 Any radio station intended to be established and operated a) its radio equipment shall meet the related national technical standards; b) its operators shall have a good knowledge of the relevant provisions c) its radio network has an economical and rational design, if necessary, d) the institution or individual that intends to establish the radio Article 13 The applications for the establishment and operation of the a) Any radio station whose communication range or service area covers two b) Any radio station whose communication range or service area covers Any radio station whose communication range or service area is within the c) Any radio station whose communication range or service area is within The fixed radio stations to be established in accordance with the Any radio station which will operate a special service shall be subject to Article 14 Standardized radio stations on board ships, locomotives and Article 15 The establishment of any amateur radio station shall be Article 16 The distribution and location of fixed radio stations within Article 17 Call signs of radio stations shall be prepared and allotted by The call signs assigned by the appropriate ministries or commissions under The call signs of ship-borne radio stations assigned by radio regulatory Article 18 The radio station licenses shall be printed exclusively by the Article 19 In case of emergencies which jeopardized the safety of Article 20 Radio stations which have been approved to operate shall In case of discontinuation or cancellation of the operation of a radio Article 21 Any institution or individual that operates a radio station Article 22 The state radio regulatory organ shall allocate and allot The state radio regulatory organ and the radio regulatory organs of The appropriate ministries or commissions under the State Council shall Article 23 Radio frequencies shall be assigned and used in compliance Radio frequencies which have been assigned may be adjusted or withdrawn by If a frequency is intended to remain usable when its term of usage In no case may any institution or individual transfer its or his Article 24 In the circumstances where control over radiocommunication is Article 25 The radio regulatory organs shall protect the radio stations In dealing with cases of harmful interference, the following principles a) out-of-band uses making way for in-band ones; b) secondary services making way for primary ones; c) late uses making way for early ones; and d) non-planned assignments making way for planned ones. Exceptionally, such cases may be harmonized and handled by the state radio Article 26 The working frequencies and frequency bands of the radio Article 27 The working frequencies, frequency bands and related technical Article 28 In the process of development and manufacture of radio Article 29 The working frequencies, frequency bands and related technical Article 30 The radio transmission equipment manufactured and sold by Article 31 Radio Radiation generated from non-radio equipment such as Article 32 The locations of construction facilities generating radio Article 33 If non-radio equipment causes harmful interference to radio Article 34 Any foreign-related matter as regards the allocation, Article 35 Any foreign embassy or consulate in China and any Any foreign users such as other representative offices, foreign Article 36 Any foreign ship-borne station or platform-borne station at Article 37 The departments concerned shall send the information of radio Article 38 Any foreign organization or person shall not use electronic Article 39 The National Radio Monitoring Centre, the national radio Article 40 The essential duties of the radio monitoring stations of a) to monitor the operation of radio stations to determine whether they b) to identify sources of radio interference and unapproved radio stations c) to measure the main technical specifications of radio equipment; d) to monitor the radiowave radiation of non-radio equipment such as e) to perform any other duties stipulated by the state radio regulatory Article 41 The radio monitoring stations of the appropriate ministries or Article 42 The state radio regulatory organ and the radio regulatory The appropriate ministries and commissions under the State Council may The institution or individual concerned shall provide assistance and Article 43 In the circumstances where any institution or individual a) establishes and operates a radio station without approval; b) develops, manufactures or imports radio transmission equipment in c) causes interference with radio services; d) changes the authorized characteristics, or transmits and/or receives e) leases or transfers frequency(ies) in violation of the relevant Article 44 Compensation must be paid for any heavy damage arising from Article 45 Any offender who does not accept the penalty imposed on him Article 46 The organ concerned shall take administrative disciplinary Article 47 The rules governing radio regulation for the Chinese People's Article 48 The special rules governing radio regulation for the public Article 49 These Regulations shall enter into force on the date of
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that have made significant contributions in the management of the radio
frequency spectrum and the related scientific research.
Chapter II Radio Regulatory Organs and Their Duties
nationwide management of the radio frequency spectrum under the co-leadership
of the State Council and the Central Military Commission of the People's
Republic of China. Its essential duties shall be:
regulation;
frequencies;
regulation;
centralized manner.
Army shall be responsible for radio regulation in the military. Its essential
duties shall be:
acts, and rules and regulations of the state, governing radio regulation, and
formulate the rules applicable to the military;
and issue licenses to the military radio stations;
communication equipment, and also the technical specifications concerning the
radio regulation of the radio communication equipment to be purchased or
imported by the military;
military, and establish technical standards of military radio regulation;
to radio regulation in the military; and
relations in the field of radio regulation.
municipalities directly under the Central Government and prefectural cities
are responsible, under the co-leadership of the next higher radio regulatory
organ and the People's government of the same level, for radio regulation
other than that in the military in the areas which come within their
respective jurisdiction. Their essential duties shall be:
of the state, governing radio regulation;
applicable to the localities concerned;
regulation within their respective administrative areas;
sites of the radio stations to be built and their distribution as a whole,
assign frequencies and call signs, and issue licenses to radio stations; and
areas.
commissions under the State Council shall be responsible for radio regulation
in the sectors concerned. Their essential duties shall be:
of the state, governing radio regulation;
concerned;
Council and as the mandatary of the state radio regulatory organ, the sites of
the radio stations to be built in the sector concerned and their distribution
as a whole, assign frequencies and call signs, and issue licenses to radio
stations; and
organ.
stations of different levels, the National Radio Spectrum Management Centre
and the National Research Institute of Radio Spectrum Management shall conduct
radio monitoring, technical examination, development of new technologies and
scientific research respectively.
Chapter III Establishment and Operation of Radio Stations
operate a radio station shall submit a written application and undergo the
examination and approval procedures to obtain a radio station license.
shall satisfy the following requirements:
governing radio regulation, and the corresponding professional skills and
qualification for operation;
and a safe and reliable working environment; and
station has established appropriate management measures.
following radio stations shall be submitted to the appropriate radio
regulatory organ for examination and approval in accordance with the
provisions of this Article:
and more provinces or goes beyond the national boundaries, or which is
established and operated by a ministry or commission (including any of its
Beijing-based directly affiliated departments), or which is established and
operated for a special purpose shall be subject to the examination and
approval of the state radio regulatory organ.
several prefectures within the territory of a province or an autonomous
region, or which is established and operated by a provincial or autonomous
regional department (including any of its provincial-capital-based directly
affiliated departments) shall be subject to the examination and approval of
the radio regulatory organ of the province or autonomous region concerned.
territory of a municipality directly under the Central Government shall be
subject to the examination and approval of the radio regulatory organ of the
municipality concerned.
the territory of a prefectural city shall be subject to the examination and
approval of the radio regulatory organ of the city concerned.
preceding provisions shall, in addition, obtain the prior agreement of the
next higher sectoral authority.
the examination and approval of the appropriate ministry of commission under
the State Council mandated by the state radio regulatory organ.
aircrafts shall obtain licenses in accordance with the relevant provisions and
report the matter for the record to the state radio regulatory organ or the
radio regulatory organ of the locality concerned.
examined and approved according to the state regulations governing the amateur
radio stations.
the planned area(s) of a city shall be in conformity with the overall plan of
the city, and be planned and administered by authorities concerned. The city's
department in charge of planning shall make unified arrangements to offer the
necessary working environment for radio stations in question.
the state radio regulatory organ, and assigned by the state radio regulatory
organ, the radio regulatory organs of localities or the appropriate
ministries or commissions under the State Council mandated by the state radio
regulatory organ.
the State Council shall be notified for the record to the radio regulatory
organ of the province, autonomous region or municipality directly under the
Central Government where the radio stations in question are located.
organ shall be notified to the competent communication department under the
State Council for the record.
state radio regulatory organ and granted by the state radio regulatory organ,
the radio regulatory organs of localities or the appropriate ministries or
commissions under the State Council mandated by the state radio regulatory
organ.
people's lives and properties, unauthorized radio equipment may be put into
use on a provisional basis, subject to timely notification to the radio
regulatory organ concerned.
conduct operations according to the authorized characteristics and shall not
transmit or receive signals unrelated to their authorized services. If there
is a need to change the authorized characteristics, an application for
modification shall be submitted to the original approving organ.
station, appropriate formalities shall be gone through in time with the
original approving organ.
shall strictly abide by the state's appropriate security regulations.
Chapter IV Management of Frequencies
radio frequencies on a centralized basis.
localities shall assign radio frequencies to radio stations, under their
respective terms of reference.
assign frequency bands and frequencies allotted to the sectors concerned and
notify them for the record to the state radio regulatory organ or the radio
regulatory organs of the localities concerned.
with the provisions stipulated by the state governing the management of
frequencies.
the original assigning organs in consultation with the departments using them.
expires, appropriate formalities for renewal shall be gone through.
frequency(ies) without the permission of the state radio regulatory organ or
the radio regulatory organ of the locality concerned. Any form of lease of
radio frequencies, open or covert are prohibited.
effected for the security of the state or the implementation of any critical
task, any institution or individual that has installed radio transmission
equipment and other equipment radiating radio waves within the area under
control shall abide by the relevant provisions on control.
established in compliance with law from harmful interference in the use of
their frequencies.
shall be followed:
regulatory organ, taking the concrete conditions into consideration.
Chapter V Development, Manufacture, Sale and Importation of Radio
Transmission Equipment
transmission equipment to be developed shall be in conformity with the
provisions of the state relating to radio regulation and notified to and
approved by the state radio regulatory organ.
specifications of the radio transmission equipment to be manufactured shall be
in conformity with the provisions of the state relating to radio regulation
and notified for the record to the state radio regulatory organ and the radio
regulatory organ of the locality concerned.
transmission equipment, effective measures shall be taken to suppress radio
wave emission. Field emission trials are subject to the approval of the state
radio regulatory organ or the radio regulatory organ of the locality concerned.
specifications of the radio transmission equipment to be imported from abroad
shall be in conformity with the provisions of the state relating to radio
regulation and notified to and approved by the state radio regulatory organ or
the radio regulatory organs of provinces, autonomous regions and
municipalities directly under the Central Government.
enterprises shall meet the relevant national technical standards and the
provisions of applicable laws and acts governing quality control. The
departments responsible for quality control under the People's Governments at
the county level and above shall conduct checks and exercise supervision of
the quality of such equipment in accordance with the relevant laws and acts.
Chapter VI Radio Radiation of Non-Radio Equipment
industrial, scientific and medical apparatus or installations, electric
transportation systems, high-voltage power wires and other electric appliances
shall comply with the relevant provisions of the state and shall not cause
harmful interference to radio services.
radiation, which are apt to cause harmful interference to radio stations,
shall be determined by the planning department of the city and the radio
regulatory organ concerned through consultation.
stations, its owner or user shall take measures to eliminate the interference.
If the proper operation of an aircraft or a ship is jeopardized, the non-radio
equipment in question shall cease to operate.
Chapter VII Foreign-Related Matters Relating to Radio Regulation
allotment and coordination of frequencies as well as cases of mutual harmful
interference between Chinese and overseas radio stations, shall be submitted
to the state radio regulatory organ for solution in negotiation with the
international organization(s) or country(ies) or region(s) involved.
representative office in China of the United Nations, its specialized agencies
and international organizations enjoying diplomatic privileges, which intends
to bring or transport radio equipment into China for establishing and
operating a radio station shall submit its application in advance to the state
radio regulatory organ for approval through diplomatic channels.
organizations and businessmen in China, who intend to bring or transport radio
equipment into China for establishing and operating a radio station shall
submit their applications in advance through the Chinese sectoral authority
concerned or the host department to the state radio regulatory organ and the
radio regulatory organ of the locality concerned for approval in accordance
with the provisions of Article 13 of these Regulations.
sea, any foreign aircraft-borne station and any foreign vehicle-borne station
operating on the Chinese territory shall abide by the relevant international
treaties which the People's Republic of China has concluded and accede to, and
laws, acts and rules and regulations of the People's Republic of China.
stations required by the International Telecommunication Union (ITU) to the
state radio regulatory organ, which shall forward it to the ITU in a
centralized manner.
monitoring equipment of any kind to measure radiowave parameters on the
Chinese territory without the approval of the state radio regulatory organ.
Chapter VIII Radio Monitoring, Supervision and Inspection
monitoring stations, the radio monitoring stations of provinces, autonomous
regions, municipalities directly under the Central Government and prefectual
cities shall be responsible for the implementation of the monitoring of radio
signals.
different levels shall be:
are operating in accordance with the procedures stipulated and the authorized
characteristics;
in operation;
industrial, scientific and medical apparatus or installations; and
organ and the radio regulatory organ of the locality concerned.
commissions under the State Council shall effect radio monitoring, supervision
and inspection within the sector concerned.
organs of localities may appoint radio regulatory inspectors to supervise and
inspect matters relating to radio regulation.
appoint radio regulatory inspectors to supervise and inspect matters relating
to radio regulation in the sector concerned.
cooperation in a positive way to the radio regulatory inspector(s) in the
performance of his (her, their) duties within the terms of reference.
Chapter IX Penalty Provisions
violation of these Regulations;
signals that are not related to its operation without permission; or
provisions governing management of frequencies,
the state radio regulatory organ or the radio regulatory organ of the locality
concerned may impose on it or him (her) any of such penalties as warning,
seizure and confiscation of the equipment in question and the illegal revenue
obtained, taking the concrete conditions into consideration. In serious cases,
an additional monetary penalty of more than 1,000 yuan and less than 5,000
yuan shall be inflicted or the license of the radio station in question
revoked.
violation of these Regulations to the state, collectives and individuals. In
addition, the state radio regulatory organ or the radio regulatory organ of
the locality concerned shall investigate and affix, or suggest the department
concerned investigating and affixing, the administrative responsibility of the
person(s) directly responsible for the damage and the related leading member
of the department concerned.
(her) by the state radio regulatory organ or the radio regulatory organ of the
locality concerned may request a reconsideration or conduct an administrative
suit.
measures against any radio regulatory official who abuses his rights and power
or is remiss in his (her) duties. If such an official is guilty of a criminal
offence, the judicial department shall make investigations to establish his
(her) criminal liability.
Chapter X Supplementary Provisions
Liberation Army (including the Militia) and those for the civil air defence
sector shall be established separately.
security organs, the Chinese People's Armed Police and the state security
organs shall be respectively established by the Ministry of Public Security
and the Ministry of State Security in consultation with the state radio
regulatory organ, and in accordance with these Regulations.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rr172