Provisions of China on the Control of Radio

 2018-07-04  34


· Document Number:Order No. 579 of the State Council and the Central Military Commission

· Area of Law: Post and Telecommunications

· Level of Authority: Military Regulations

· Date issued:08-31-2010

· Effective Date:11-01-2010

· Status: Effective

· Issuing Authority: State Council Central Military Commission

 

Order of the State Council and the Central Military Commission
(No. 579)
The Provisions of the People's Republic of China on the Control of Radio are hereby promulgated and shall come into force as of November 1, 2010.
Premier of the State Council Wen Jiabao
Chairman of the Central Military Commission Hu Jintao
August 31, 2010
Provisions of the People's Republic of China on the Control of Radio
Article 1 These Provisions are formulated to ensure the effective control of radio and safeguard national security and social public interests.
Article 2 The term “control of radio” as used in these Provisions refers to the mandatory control of emission, radiation and transmission of radio waves at a specific time and specific areas in accordance with law, including restricting or prohibiting the use of radio stations, radio emission equipment and non-radio equipment of radiation radio waves, and taking such measures as technical blocking of specific radio frequencies.
Article 3 The state may exercise the control of radio for purposes of maintaining the national security, safeguarding the major tasks of the state, handling major emergencies, etc.
The decisions about control of radio throughout the country or across different provinces, autonomous regions and municipalities directly under the Central Government shall be made by the State Council and the Central Military Commission.
The decisions about control of radio within a province, autonomous region or municipality directly under the Central Government shall be made by the provincial people's government of the province, autonomous region or municipality directly under the Central Government and the relevant military command, and be reported to the State Council and the Central Military Commission for archival purpose.
Article 4 The principle of scientific planning and reasonable implementation shall be observed in the control of radio so as to minimize the impact of control of radio on the national economy and the production and living of the general public.
Article 5 The radio administrative department of the state and the electromagnetic spectrum administrative department of the army shall, in conjunction with relevant departments of the State Council, work out a national plan on the control of radio on the basis of the need of control of radio and report it to the State Council and the Central Military Commission for approval.
The radio administrative department of a province, autonomous region or municipality directly under the Central Government and the electromagnetic spectrum administrative department of the corresponding military command shall, in conjunction with the relevant departments of the people's government of the province, autonomous region or municipality directly under the Central Government, work out a plan on the control of radio within the present area according to the national plan on the control of radio, and report it to the people's government of the province, autonomous region or municipality directly under the Central Government and the military command for approval.
Article 6 The department which decides to exercise control of radio shall release an order of control of radio, clarifying the areas, objectives, start and end time, range of frequencies and other relevant requirements for the control of radio 10 days prior to the commencement of control of radio, but the case of exercising immediate control of radio in emergencies shall be excluded.
Article 7 If the State Council and the Central Military Commission decides to exercise control of radio throughout the country or across different provinces, autonomous regions or municipalities directly under the Central Government, the radio administrative department of the state and the electromagnetic spectrum administrative department of the army shall, in conjunction with the public security and other relevant departments of the State Council, form a radio control coordination office to take charge of the organization and coordination of control of radio.
To exercise control of radio within a province, autonomous region or municipality directly under the Central Government, the radio administrative department of the province, autonomous region or municipality directly under the Central Government and the electromagnetic spectrum administrative department of the military command shall, in conjunction with the public security and other relevant departments, form a radio control coordination office to take charge of the organization and coordination of control of radio.
Article 8 A radio control coordination office shall give radio control instructions according to the order of control of radio.
The radio administrative department of the state and the electromagnetic spectrum administrative department of the army, as well as the radio administrative department of the provinces, autonomous regions, municipalities directly under the Central Government and the electromagnetic spectrum administrative departments of the military commands shall, according to the radio control instructions, take the following control measures under their respective administration functions:
1. to check and test the radio stations, radio emission equipment and non-radio equipment of radiation radio waves;
2. to monitor the electromagnetic environment and supervise the use of radio stations, radio emission equipment and non-radio equipment of radiation radio waves;
3. to take technical blocking measures such as electromagnetic interference; and
4. to restrict or prohibit the use of radio stations, radio emission equipment and non-radio equipment of radiation radio waves.
Article 9 During the period of control of radio, any entity or individual who has, uses or manages any radio station, radio emission equipment or non-radio equipment of radiation radio waves within the radio control area shall abide by the order and instructions of control of radio.
Article 10 During the period of control of radio, the relevant local people's governments, departments and entities of transport, railways, radio and TV, meteorology, fishery, telecommunication, electrical power, etc. and the relevant entities of the army and armed police force shall assist the radio administrative department of the state and the electromagnetic spectrum administrative department of the army or the radio administrative department of the province, autonomous region or municipality directly under the Central Government and the electromagnetic spectrum administrative department of the military command in exercising the control of radio.
Article 11 Upon the end of control of radio, the department which made the decision of control of radio shall timely make an announcement on the end of control of radio. If the order of control of radio gives a clear indication of the end time of control of radio, the said department is not required to make an announcement on the end of control of radio.
Article 12 The radio administrative department of the state or the radio administrative department of the province, autonomous region or municipality directly under the Central Government shall order a violator of an order or instructions of control of radio to make a correction. If he (it) refuses to make a correction, it may turn off, seal up, detain or dismantle the relevant equipment. If the circumstance is serious, it shall revoke the license of the radio station and the license of use of radio frequencies. The public security department shall, according to law, punish a violator of the provisions on management of public security.
Where a relevant entity of the army or armed police force violates an order or instructions of control of radio, the electromagnetic administrative department of the army or the electromagnetic administrative department of the military command shall order it to make a correction. If the circumstance is serious, the directly responsible person-in-charge and other directly liable persons shall be given a sanction in accordance with the relevant provisions of the Central Military Commission.
Article 13 These Provisions shall come into force as of November 1, 2010.