Radio Regulation of the People's Republic of China (2016 Revision)

Radio Regulation of the People's Republic of China (2016 Revision) Order of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China (No. 672) The revised Radio Regulation of the People's Republic of China is hereby issued and shall come into force on December 1, 2016. President of the Central Military Commission: Xi Jinping Premier of the State Council: Li Keqiang November 11, 2016 Radio Regulation of the People's Republic of China (Issued by Order No. 128 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on September 11, 1993 and revised by Order No. 672 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on November 11, 2016) Chapter I General Provisions Article 1 This Regulation is developed for purposes of strengthening radio regulation, maintaining the normal transmission of radio wave in the air, effectively developing and utilizing radio spectrum resources, and guaranteeing the normal provision of all radio services. Article 2 This Regulation shall apply to the use of radio frequencies, the setup and use of radio stations, the development, production, import, sale and maintenance of radio transmission equipment, and the use of non-radio equipment which radiates radio wave within the People's Republic of China. Article 3 Radio spectrum resources belong to the state. The state shall adopt the principles of uniform planning, reasonable development and paid use of radio spectrum resources. Article 4 Radio regulation shall be conducted under the unified leadership of the State Council and the Central Military Commission with a clear division of work at different levels, and under the guidelines of scientific management, protecting resources, guaranteeing safety and promoting development. Article 5 The state encourages and supports scientific and technological research on radio spectrum resources and the popularization and application of advanced technologies, and the enhancement of utilization efficiency of radio spectrum resources. Article 6 No entity or individual may use radio frequencies without approval, shall not cause adverse interference into legal radio services provided in accordance with the law, and shall not conduct illegal and criminal activities by using radio stations. Article 7 The state may exercise radio control based on the requirements for maintaining state security, guaranteeing the performance of major tasks of the state, and handling major emergencies, among others. Chapter II Regulatory Authorities and Their Functions Article 8 The radio regulatory authority of the state shall be responsible for radio regulation nationwide, and according to its functions, draft radio regulation guidelines and policies, uniformly administer radio frequencies and radio stations, be responsible for such work as radio monitoring, interference investigation and handling, and foreign-related radio regulation, and coordinate the handling of matters relating to radio regulation. Article 9 The electromagnetic spectrum regulatory authority of the Chinese People's Liberation Army shall be responsible for radio regulation of military systems, and participate in the drafting of guidelines and policies of the state on radio regulation. Article 10 The radio regulatory authority of a province, autonomous region or municipality directly under the Central Government shall, under the leadership of the radio regulatory authority of the state and the people's government of the province, autonomous region or municipality directly under the Central Government, be responsible for radio regulation in fields other than military systems of its administrative region, and according to the approval authority, exercise the licensing for the use of radio frequencies, examine the construction layout and sites of radio stations, issue radio station licenses and identification codes (including call number, here and below), be responsible for radio monitoring and interference investigation and handling within its administrative region, and coordinate the handling of matters relating to radio regulation within its administrative region. The radio regulatory authority of a province or autonomous region may set up local offices within its administrative region as required for work. Local offices shall perform functions within the scope of authorization of the radio regulatory authority of the province or autonomous region. Article 11 Armies and civilian localities shall establish the radio regulation coordination mechanism, jointly allocate radio frequencies, and coordinate the handling of radio regulation matters involving military systems and non-military systems. Major issues on radio regulation shall be reported to the State Council and the Central Military Commission for decision-making. Article 12 The radio regulatory authority of the relevant department of the State Council shall, under the business guidance of the radio regulatory authority of the state, be responsible for radio regulation of its system (industry), carry out the guidelines, policies, laws, administrative regulations and rules on radio regulation of the state, and according to the department functions prescribed by this Regulation and the State Council, administer special aviation and maritime radio frequencies allocated to its system (industry) by the radio regulatory authority of the state, make planning on the construction layout and sites of radio stations of its system (industry), and issue compulsory radio station licenses and identification codes. Chapter III Frequency Management Article 13 The radio regulatory authority of the state shall be responsible for developing provisions on radio frequency allocations , and release the provisions to the public. The opinions of relevant departments of the State Council and relevant entities of armies shall be solicited and the requirements of state security, economic, social and scientific and technological development and efficient utilization of spectrum resources shall be sufficiently considered in the formulation of provisions on radio frequency allocations . Article 14 A permit shall be obtained for the use of radio frequencies, excluding the following frequencies: (1) Frequencies of amateur radio stations, public speakerphone and compulsory radio stations. (2) International fixed frequencies of international security and distress systems which are used for aviation, maritime mobile services and radio navigation services. (3) Frequencies used by micro power short-distance radio transmission equipment prescribed by the radio regulatory authority of the state. Article 15 To obtain the radio frequency use permit, the applicant shall meet the following conditions: (1) The applied radio frequency complies with the provisions on radio frequency allocations and use, and have a specific purpose. (2) The technical plan for the use of radio frequency is feasible. (3) It has corresponding professional technicians. (4) It will not cause harmful interference into any other radio frequency used in accordance with the law. Article 16 The radio regulatory authority shall complete examination within 20 working days as of the date when it accepts the application for the radio frequency use permit, and according to the conditions prescribed in Article 15 of this Regulation, comprehensively consider national security requirements and usable frequencies, and make the decision to approve or disapprove the application. If it grants approval, it shall issue the radio frequency use permit; or if it disapproves the application, it shall notify the applicant in writing and explain the reason for disapproval. The radio frequency use permit shall indicate the use of radio frequencies, use scope, use frequency requirements, use term and other matters. Article 17 The bidding and auction methods may be adopted in accordance with the provisions of relevant laws and administrative regulations for the use permit of commercial radio frequencies such as frequencies used in ground public mobile communication. The radio regulatory authority shall, after determining the bid winner or buyer by bidding or auction, make the decision to grant the permit, and issue the radio frequency use permit to the bid winner or buyer in accordance with the law. Article 18 The radio frequency use licensing shall be conducted by the radio regulatory authority of the state. The radio frequency use licensing within the scope determined by the radio regulatory authority of the state shall be conducted by the radio regulatory authority of the province, autonomous region or municipality directly under the Central Government. The licensing of special maritime radio frequencies allocated by the radio regulatory authority of the state to transport, fishery, and maritime systems (industries) shall be conducted by the local radio regulatory authority of the province, autonomous region or municipality directly under the Central Government together with competent departments respectively. The licensing of special aviation radio frequencies allocated by the radio regulatory authority of the state to civil aviation systems for use shall be conducted by the competent civil aviation department of the State Council. Article 19 The term of a radio frequency use permit shall not exceed ten years. Where the radio frequency needs to be used after the expiry of the permit, an extension application shall be filed with the radio regulatory authority which makes the licensing decision at least 30 working days before the expiration of the term. The radio regulatory authority which accepts the application shall conduct examination in accordance with the provisions of Articles 15 and 16 of this Regulation and make a decision. Whoever plans to terminate the use of a radio frequency before the expiration of the term of the radio frequency use permit shall undergo cancellation formalities at the radio regulatory authority which makes the licensing decision in a timely manner. Article 20 In the case of transfer of the radio frequency use right, the transferee shall comply with the conditions prescribed in Article 15 of this Regulation, submit the transfer agreement of both parties, and report it to the radio regulatory authority for approval according to the procedures prescribed in Article 16 of this Regulation. Article 21 The radio frequency use fee shall be paid for the use of radio frequencies in accordance with the relevant provisions of the state. The items and standards of radio frequency use fee shall be determined by the public finance department and the competent price department of the State Council. Article 22 The radio regulatory authority of the state shall uniformly allocate to users the satellite radio frequencies allocated by the International Telecommunication Union (ITU) to China for use according to international rules and planning. Applications for the use of satellite radio frequencies not covered by the planning of the ITU shall be uniformly filed through the radio regulatory authority of the state. The radio regulatory authority of the state shall, in a timely manner, organize relevant entities to conduct necessary domestic coordination, and conduct international declaration, coordination and registration according to international rules. Article 23 Where any satellite radio frequency needs to be used for the building of a satellite communication network, the conditions prescribed in Article 15 of this Regulation shall be met, and such information as space radio stations, satellite orbit location and satellite coverage scope to be used, as well as the certification materials on the completion of domestic coordination and necessary international coordination, among others, shall also be provided. Article 24 To conduct business with the satellite radio frequency of any other country or region, the applicant shall comply with China's provisions on the administration of satellite radio frequencies, and complete the coordination with satellite radio frequencies declared by China. Article 25 In the construction of a satellite project, the feasibility study of to-be-used satellite radio frequency shall be conducted during the project planning stage, and in the construction of a satellite project approved by the State Council and the Central Military Commission, the to-be-used satellite radio frequency shall be determined through consultation with the radio regulatory authority of the state during the project planning stage. Article 26 Except force majeure, if the radio frequency use permit is not used two years after it is obtained or the use rate fails to satisfy the requirements prescribed in the permit, the radio regulatory authority that makes the licensing decision has the authority to revoke the radio frequency use permit, and recover the radio frequency. Chapter IV Administration of Radio Stations Article 27 To set up or use a radio station, the applicant shall apply to the radio regulatory authority for the radio station license, excluding the setup and use of the following radio stations: (1) Ground public mobile communication terminals. (2) Single receiving radio stations. (3) Micro power short-distance radio stations......