Radio Regulation of China

 2018-07-04  9


· Document Number:Order No. 672 of the State Council and the Central Military Commission

· Area of Law: Post and Telecommunications

· Pkulaw Comments:Decision of the State Council on Canceling the Third Batch of Administrative Licensing Items Designated by the Central Government for Implementation by Local Governments 

· Level of Authority: Military Administrative Regulations

· Date issued:11-11-2016

· Effective Date:12-01-2016

· Status: Effective

· Issuing Authority: State Council Central Military Commission

 

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 prescribed by the radio regulatory authority of the state.
Article 28 Except for amateur radio stations prescribed in Article 29 of this Regulation, to set up or use a radio station, the applicant shall meet the following conditions:
(1) It has usable radio frequencies.
(2) The model confirmation certificate of the used radio transmission equipment has been obtained in accordance with the law, and the equipment satisfies product quality requirements prescribed by the state.
(3) It has personnel who have a command of radio regulation provisions and have relevant business skills.
(4) It has specific use and a feasible technical plan.
(5) It has an electromagnetic environment which is able to guarantee the normal use of the radio station, and the radio station that is to be set up will not cause harmful interference into any other legally used radio station.
An applicant that applies for the setup or use of a space radio station shall, in addition to meeting the conditions prescribed in the preceding paragraph, have usable satellite radio frequencies and satellite orbit resources.
Article 29 To apply for the setup or use of an amateur radio station, the applicant shall have a command of radio regulation provisions, have corresponding operation technical capability, and the used radio transmission equipment shall comply with national standards and the provisions of the state on radio regulation.
Article 30 The setup or use of a radio station with a fixed site shall be subject to the licensing of the radio regulatory authority of the province, autonomous region or municipality directly under the Central Government at the place where the radio station is located. The setup or use of a radio station without a fixed site shall be subject to the licensing of the radio regulatory authority of the province, autonomous region or municipality directly under the Central Government at the place where the applicant is located.
The setup or use of a space radio station, satellite monitoring (aviation) station, satellite gateway, satellite international private line earth station, short-wave radio station of 15 watt or more or any other important radio station involving state sovereignty or security shall be subject to the licensing of the radio regulatory authority of the state.
Article 31 The radio regulatory authority shall complete the examination of the application within 30 working days as of the date of acceptance of the application, and make an approval or disapproval decision according to the conditions prescribed in Articles 28 and 29 of this Regulation. If it grants approval, it shall issue the radio station license, and if the radio station identification code is needed, shall issue the radio station identification code at the same time; and if it disapproves the application, shall notify the applicant in writing and explain the reason for disapproval.
Where the radio station needs to modify or add the radio station identification code, the radio regulatory authority shall issue the code.
Article 32 The radio station license shall indicate the radio station location, use frequency, transmitting power, term of validity, use requirements and other matters.
The format of the radio station license shall be uniformly prescribed by the radio regulatory authority of the state.
Article 33 Where a radio station needs to obtain the radio frequency use permit to use a radio frequency, the validity term of its radio station license shall not exceed the term prescribed in the radio frequency use permit. If it is not required to obtain the radio frequency use permit according to the provision of Article 14 of this Regulation, the validity term of its radio station license shall not exceed five years.
Where it needs to continue using the radio station after the expiration of the validity term of the radio station license, it shall apply to the radio regulatory authority that made the licensing decision for replacing the radio station license at least 30 working days before the expiration of the term. The radio regulatory authority which accepts the application shall make a decision in accordance with the provision of Article 31 of this Regulation.
Article 34 The radio regulatory authority of the state shall uniformly apply to the ITU for radio station identification codes, and compile and allocate radio station identification codes.
Article 35 The site for the construction of a radio station with a fixed site shall comply with the requirements of urban and rural planning, and avoid the constructions and facilities, among others, which affect its performance of functions. If a local people's government makes or amends the urban and rural planning and arranges a construction project which might affect the performance of functions of a large-scale radio station, it shall consider the requirements for the performance of its functions, and solicit the opinions of the local radio regulatory authority and the electromagnetic spectrum regulatory authority of the army.
The site, layout and planning of a large-scale radio station or ground public mobile communication station shall comply with the requirements for the sharing of resources and electromagnetic environmental protection.
Article 36 A vessel, aircraft or railway locomotive (including CRH train, here and below) which sets up or uses a compulsory radio station shall comply with the relevant provisions of the state, and the radio regulatory authority of the relevant department of the State Council shall issue the radio station license; and if the radio station identification code is required, it shall issue the radio station identification code at the same time. The relevant department of the State Council shall report the information on the issuance of the compulsory radio station license and radio station identification code to the radio regulatory authority of the state on a periodical basis.
The measures for the administration of setup and use of non-compulsory radio stations by vessels, aircrafts and railway locomotives shall be developed by the radio regulatory authority of the state jointly with the relevant department of the State Council.
Article 37 In the case of any emergency which endangers state security, public security or life and property security or any particular requirements for guaranteeing major social activities, the radio station may be set up or used temporarily without approval, but a report shall be made to the radio regulatory authority at the place where the radio station is located in a timely manner, and the radio station shall be closed in a timely manner after the emergency is eliminated or the major social activity ends.
Article 38 A radio station shall be set up and used according to the licensing matters and conditions prescribed in the radio station license, and if any licensing matter is modified, it shall undergo modification formalities at the radio regulatory authority which made the licensing decision.
Where the use of a radio station is terminated, it shall undergo deregistration formalities in a timely manner at the radio regulatory authority which made the licensing decision, return the radio station license and dismantle the radio station, antenna and other supporting equipment.
Article 39 An entity or individual that uses a radio station shall maintain the radio station on a periodical basis, guarantee that its performance indicators comply with national standards and the provisions of the state on radio regulation, and avoid the harmful interference into any other radio station which is set up or used in accordance with the law.
Article 40 An entity or individual that uses a radio station shall abide by the provisions of the state on environmental protection, and take necessary measures to prevent electromagnetic radiation environmental pollution caused by radio wave transmission.
Article 41 An entity or individual that uses a radio station shall not intentionally receive or send any radio signal not licensed by the radio station license, and shall not disseminate, release or use any unintentionally received information.
An amateur radio station may only be used for mutual communication, technical research and self training, receive and send signals within the scope of special frequencies for amateur businesses or satellite amateur businesses, except for the participation in emergency response to major natural accidents and other emergencies.
Chapter V Management of Radio Transmission Equipment
Article 42 Radio frequencies used by radio transmission equipment under research shall comply with the provisions of the state on radio frequency allocations.
Article 43 The production or import of radio transmission equipment for domestic sale and use shall comply with the laws and regulations on product quality, national standards and the provisions of the state on radio regulation.
Article 44 Except for micro power short-distance radio transmission equipment, for the production or import of other radio transmission equipment for domestic sale and use, an application for model confirmation shall be filed with the radio regulatory authority of the state. The model confirmation catalogue of radio transmission equipment shall be released by the radio regulatory authority of the state.
The production or import of radio transmission equipment for which model confirmation shall be obtained shall, in addition to complying with the provision of Article 43 of this Regulation, conform to the technical indicators confirmed by the model confirmation certificate of radio transmission equipment, and indicate the model confirmation code on the equipment.
Article 45 The following conditions shall be met so as to obtain the model confirmation of radio transmission equipment:
(1) The applicant has the corresponding production capability, technical strength and quality guarantee system.
(2) The work frequency, power and other technical indicators of radio transmission equipment comply with national standards and the provisions of the state on radio regulation.
Article 46 The radio regulatory authority of the state shall, in accordance with the law, examine whether the radio transmission equipment for which a model confirmation application is filed in accordance with the law meets the conditions prescribed in Article 45 of this Regulation, and make an approval or disapproval decision within 30 working days as of the date of acceptance of the application. If it grants approval, it shall issue the model confirmation certificate of radio transmission equipment; or if it disapproves the confirmation, it shall notify the applicant in writing and explain the reason for disapproval.
The radio regulatory authority of the state shall, on a periodical basis, release to the public the information on the model conformation of radio transmission equipment.
Article 47 For the import of radio transmission equipment for which model confirmation shall be obtained in accordance with the provision of Article 44 of this Regulation, the consignee of imported goods, the personnel that carry radio transmission equipment to China and the consignee of delivered radio transmission equipment shall actively make customs declaration, and undergo customs clearance formalities based on the model confirmation certificate of radio transmission equipment.
Where it is necessary to carry or deliver radio transmission equipment for which model confirmation should have been obtained in accordance with the provision of Article 44 of this Regulation for temporary entry to China so as to conduct sports match, scientific experiment or any other activity, the relevant parties shall undergo customs clearance formalities based on approval documents issued by the radio regulatory authority.
Article 48 For the sale of radio transmission equipment for which model confirmation shall be obtained in accordance with the provision of Article 44 of this Regulation, sales recordation shall be undergone at the radio regulatory authority of the province, autonomous region or municipality directly under the Central Government. The radio transmission equipment for which the model confirmation code is not indicated in accordance with the provision of this Regulation shall not be sold.
Article 49 The technical indicators approved by the model confirmation certificate of radio transmission equipment shall not be changed in the maintenance of radio transmission equipment.
Article 50 In the research, production, sale and maintenance of large power radio transmission equipment, measures shall be taken to effectively curb radio wave transmission, and shall not cause harmful interference into any radio station which is set up or used in accordance with the law. To conduct a field transmission testing, an application for undergoing formalities for the temporary setup or use of a radio station shall be filed with the radio regulatory authority of the province, autonomous region or municipality directly under the Central Government in accordance with the provision of Article 30 of this Regulation.
Chapter VI Foreign-Related Radio Regulation
Article 51 The foreign-related matters concerning the coordination of radio frequencies and mutual harmful interference of domestic radio stations and overseas radio stations shall be coordinated and handled by the radio regulatory authority of the state jointly with relevant entities and relevant international organizations or countries and regions.
Where it is necessary to provide materials on radio regulation to the ITU or any other country or region, the radio regulatory authority of the state shall uniformly handle such matters.
Article 52 The setup or use of a radio station in a border area shall comply with the radio frequency coordination agreement entered into by and between China and the relevant country or region.
Article 53 Where a foreign leader visiting China, an embassy or consulate of a foreign country based in China or the representative office of an international organization stationed in China which enjoys diplomatic privileges or immunities needs to set up or use a radio station, the approval of the radio regulatory authority of the state shall be obtained through diplomatic means.
Except for the shipment with diplomatic postal parcels, if a foreign leader visiting China, an embassy or consulate of a foreign country based in China or the representative office of an international organization stationed in China which enjoys diplomatic privileges or immunities carries, delivers or transports in any other form radio transmission equipment for which model confirmation should have been obtained in accordance with the provision of Article 44 of this Regulation into China, customs clearance formalities shall be undergone after the approval of the radio regulatory authority of the state is obtained through diplomatic means.
Where any other overseas organization or individual plans to set up or use a radio station within China, the competent business department shall report to the radio regulatory authority for approval in accordance with relevant provisions of China. If the organization or individual plans to carry or deliver or transport in any other form radio transmission equipment for which model confirmation should have been obtained in accordance with the provision of Article 44 of this Regulation into China, the competent business department shall, after reporting to the radio regulatory authority and obtaining the approval of the radio regulatory authority in accordance with relevant provisions of China, undergo radio transmission equipment entry formalities at the customs office, with the exception of the case that the approval is not required as prescribed by the radio regulatory authority of the state.
Article 54 A radio station set up by a foreign vessel (including offshore platform), aircraft, railway locomotive or vehicle, among others, which is used within the territory of China shall abide by China's laws and regulations, and international treaties which China concludes or accedes to.
Article 55 An overseas organization or individual shall not conduct radio wave parameter testing or radio wave testing within the territory of China.
No entity or individual shall provide any materials on domestic radio wave parameters involving state security to any overseas organization or individual.
Chapter VII Radio Monitoring and Wave Order Maintenance
Article 56 The radio regulatory authority shall, on a periodical basis, inspect and test the use of radio frequencies and radio stations in use, guarantee the normal use of radio stations, and maintain normal radio wave order.
Article 57 The State Radio Monitoring Center and radio monitoring stations of provinces, autonomous regions, and municipalities directly under the Central Government, as the technical institution of radio regulation, shall, under the leadership of the radio regulatory authority of the state and radio regulatory authorities of provinces, autonomous regions, and municipalities directly under the Central Government, monitor radio signals, and find wave interference sources and radio stations set up or used without licensing.
Article 58 The radio monitoring station of the relevant department of the State Council shall be responsible for the monitoring of radio signals of its system (industry).
Article 59 Radio wave radiation generated by industry, scientific, medical equipment, electric transport systems, high-voltage electric wires and other electrical equipment shall comply with national standards and the provisions of the state on radio regulation.
The opinions of the radio regulatory authority of the state shall be solicited for the formulation of national standards and technical rules for non-radio equipment which radiates radio wave.
Article 60 Where any non-radio equipment which radiates radio wave has caused harmful interference into any radio station which is set up or used in accordance with the law, the equipment owner or user shall take measures to eliminate the interference.
Article 61 Where a facility, which generates radio wave radiation, of a project as determined by the radio regulatory authority may cause harmful interference into any radio station which is set up or used in accordance with the law, the site thereof shall be determined through consultation by the competent department of urban and rural planning of the local people's government and the radio regulatory authority of the province, autonomous region or municipality directly under the Central Government.
Article 62 In the construction of a project of radio astronomy observatory, meteorological radar station, satellite control (navigation) station or airport which requires special magnetic environmental protection, the project construction entity shall, before determining the project site, conduct electromagnetic compatibility analysis and demonstration of the site, and solicit the opinion of the radio regulatory authority. If it fails to conduct electromagnetic compatibility analysis and demonstration or fails to solicit or adopt the opinion of the radio regulatory authority, it shall not raise the requirement for eliminating harmful interference to the radio regulatory authority.
Article 63 No new high building or facility which blocks the transmission of radio signals shall be built and no facility or equipment which disrupts the normal use of radio signals shall be set up or used in the regions surrounding radio astronomy stations, meteorological radar stations, satellite control (navigation) stations and airports. The radio regulatory authority shall develop specific protection measures jointly with the competent department of urban and rural planning and other relevant departments and release them to the public.
Article 64 The state shall give particular protection to radio frequencies involving personal safety such as radio navigation, disaster distress and safe communication exclusively used by vessels, spacecrafts, aircrafts and railway locomotives. If any radio transmission equipment or non-radio equipment which radiates radio wave causes harmful interference, the harmful interference shall be immediately eliminated.
Article 65 Where harmful interference is caused to any radio station which is set up or used in accordance with the law, a complaint may be filed with the radio regulatory authority. The radio regulatory authority which accepts the complaint shall handle the it in a timely manner, and inform the handling information to the complainant.
The principles of out-of-band uses making way for in-band ones, secondary services making way for primary ones, late uses making way for early ones and non-planned assignments making way for planned ones shall be observed in the handling of harmful interference of radio frequencies.
Article 66 The radio regulatory authority may require the radio station which causes harmful interference to take such measures as maintaining radio transmission equipment, adjusting transmission frequency and reducing power to eliminate harmful interference, and if harmful interference cannot be eliminated, may order the radio station which generates harmful interference to suspend transmission.
Article 67 For illegal radio transmission activities, the radio regulatory authority may temporarily detain radio transmission equipment or seal up the radio station, and take technical block measures when necessary. If the radio regulatory authority finds any suspected illegal or criminal activity in radio monitoring or inspection, it shall notify the public security authority in a timely manner and assist in investigation and handling.
Article 68 The radio regulatory authority of the province, autonomous region or municipality directly under the Central Government shall strengthen the supervision and inspection of production and sale of radio transmission equipment, and investigate and punish violations of law in accordance with the law. The product quality supervision department and the administrative department for industry and commerce of the local people's government at or above the county level shall provide assistance in supervision and inspection, and report the illegal production and sale of radio transmission equipment found in the course of product quality supervision and market supervision law enforcement to the radio regulatory authority in a timely manner.
Article 69 The staff members of the radio regulatory authority and radio monitoring centers shall keep confidential communication secrets and radio signals to which they have access in the performance of functions.
Chapter VIII Legal Liability
Article 70 Where a violator, in violation of the provisions of this Regulation, uses any radio frequency without approval or sets up or uses any radio station without approval, the radio regulatory authority shall order the violator to take corrective action, confiscate the equipment for conducting illegal activities and illegal income, and may impose a fine of not more than 50,000 yuan on the violator; and if the violator refuses to take corrective action, the violator shall be imposed on a fine of not less than 50,000 yuan but not more than 200,000 yuan; and if any violator sets up or uses any radio station without approval to commit fraud or any other illegal activity, which does not constitute a crime, the violator shall be imposed on a fine of not less than 200,000 yuan but not more than 500,000 yuan.
Article 71 Where any violator transfers any radio frequency without approval in violation of the provisions of this Regulation, the radio regulatory authority shall order the violator to take corrective action, and confiscate the illegal income thereof; and if the violator refuses to take corrective action, impose a fine of not less than one time but not more than three times the amount of illegal income on the violator; and if there is no illegal income or the illegal income is less than 100,000 yuan, impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the violator; and if any serious consequence is caused, revoke the violator's radio frequency use permit.
Article 72 Where any violator commits any of the following conduct in violation of the provisions of this Regulation, the radio regulatory authority shall order the violator to take corrective action, confiscate the violator's illegal income, and may impose a fine of not more than 30,000 yuan on the violator; and if any serious consequence is caused, revoke the radio station license, and impose a fine of not less than 30,000 yuan but not more than 100,000 yuan on the violator.
(1) Failing to set up or use a radio station according to the licensing matters and requirements prescribed in a radio station license.
(2) Intentionally receiving or sending radio signals not licensed by a radio station license, or spreading, releasing or using any unintentionally received information.
(3) Working out or using any radio station identification code without approval.
Article 73 Where any violator, in violation of the provisions of this Regulation, uses any radio transmission equipment or non-radio equipment which radiates radio wave to disrupt normal radio services, the radio regulatory authority shall order the violator to take corrective action, and if the violator refuses to do so, shall confiscate the equipment that causes harmful interference, impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the violator, and revoke the violator's radio station license; and if it causes harmful interference to any radio frequency involving personal safety such as that of any vessel, spacecraft, aircraft, special radio navigation for railway locomotives, distress subsidy or safe communication, the violator shall be imposed on a fine of not less than 200,000 yuan but not more than 500,000 yuan.
Article 74 Where any violator fails to pay the radio frequency use fee according to relevant provisions of the state, the radio regulatory authority shall order the violator to make payment within a prescribed time limit, and if it fails to do so, an overdue fine of 0.05% of the defaulted part per day from the day on which the payment is defaulted shall be imposed on the violator.
Article 75 Where any violator commits any of the following conduct in violation of the provisions of this Regulation, the radio regulatory authority shall order the violator to take corrective action; and if the violator refuses to do so, confiscate the equipment for conducting illegal activities, and impose a fine of not less than 30,000 yuan but not more than 100,000 yuan on the violator; and if any serious consequence is caused, the violator shall be imposed on a fine of not less than 100,000 yuan but not more than 300,000 yuan.
(1) Conducting the research, production, sale or maintenance of large power radio transmission equipment and failing to take effective measures to curb wave transmission.
(2) Any overseas organization or individual conducts the testing of radio wave parameters or radio wave monitoring within the territory of China.
(3) Providing any materials on domestic radio wave parameters involving state security to any overseas organization or individual.
Article 76 Where any violator, in violation of the provisions of this Regulation, produces or imports any radio transmission equipment sold or used within China without obtaining model confirmation, the radio regulatory authority shall order the violator to take corrective action, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the violator; and if the violator refuses to take corrective action, shall confiscate the radio transmission equipment without model confirmation, and impose a fine of not less than 200,000 yuan but not more than one million yuan on the violator.
Article 77 Where any violator sells any radio transmission equipment for which model confirmation should be obtained in accordance with the provision of Article 44 of this Regulation without undergoing sale recordation at the radio regulatory authority, the radio regulatory authority shall order the violator to take corrective action; and if the violator refuses to take corrective action, shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on the violator.
Article 78 Where any violator sells any radio transmission equipment for which model confirmation should have been obtained in accordance with the provision of Article 44 of this Regulation, the radio regulatory authority shall order the violator to take corrective action, confiscate illegally sold radio transmission equipment and illegal income, and may impose a fine of not more than 10% the goods value of illegally sold equipment; and if it refuses to take corrective action, shall impose a fine of not less than 10% but not more than 30% of the goods value of illegally sold equipment on the violator.
Article 79 Where any violator changes the technical indicators determined in the model confirmation certificate of the radio transmission equipment in the maintenance of radio transmission equipment, the radio regulatory authority shall order the violator to take corrective action; and if the violator refuses to do so, shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on the violator.
Article 80 Where any violator produces or sells any radio transmission equipment in violation of any law or regulation on product quality management, the product quality regulatory authority shall punish the violator in accordance with the law.
Where any violator carries, delivers or transports in any other form any radio transmission equipment to China in the import of radio transmission equipment in violation of any law or regulation on customs supervision, the customs office shall punish the violator in accordance with the law.
Article 81 Whoever commits any violation of public security administration in violation of the provisions of this Regulation shall be imposed on a public security administration punishment in accordance with the law; and if any crime is constituted, the violator shall be subject to criminal liability in accordance with the law.
Article 82 Where any radio regulatory authority or any of its staff members fails to perform functions in accordance with the provisions of this Regulation, the responsible leader and other directly liable persons shall be taken against disciplinary actions in accordance with the law.
Chapter IX Supplementary Provisions
Article 83 Where relevant domestic and international coordination or the performance of procedures prescribed by international rules is required for implementing the licensing prescribed in this Regulation, the time required for coordination and performance of procedures shall not be calculated in the licensing examination term.
Article 84 The radio regulation of military systems shall be governed by relevant provisions of armies.
Where radio regulation involving radio or television is otherwise prescribed by any law or administrative regulation, such provisions shall apply.
Article 85 This Regulation shall come into force on December 1, 2016.