Provisions on the Construction and Protection of Communication Facilities in Zhejiang Province
Chapter I General Provisions
Article 1 In order to strengthen the construction and protection of communication facilities, safeguard the safety and smoothness of the communication network, enhance the level of communication services, and promote healthy development of the communication industry, according to the "Chinese People's **** and State Telecommunication Regulations" and other relevant Laws and regulations, combined with the actual situation in this province, the formulation of these provisions.
Article 2 of the province's administrative region within the construction and protection of communications facilities applicable to the provisions.
The construction and protection of radio and television facilities applicable to the "Radio and Television Administration Regulations" "Regulations on the Protection of Radio and Television Facilities" and other relevant laws and regulations; relevant laws and regulations have not been provided, the application of these provisions.
Article III of the communications facilities are public **** infrastructure, protected by law.
Any unit or individual shall not engage in activities that jeopardize the construction and protection of communications facilities.
Article IV of the people's governments at or above the county level shall incorporate the construction and protection of communications facilities into the national economic and social development planning at this level; coordinate the handling of communications industry planning and urban and rural planning, land use planning, and promote the construction of communications facilities and urban and rural infrastructure construction *** build **** enjoy; supervise the relevant departments and units in accordance with the law to fulfill the responsibility of communications facilities protection, and communications facilities protection into the comprehensive governance of social security. Facilities protection into the comprehensive management of social security and peace building.
Township people's governments, street offices should cooperate with the relevant departments and units as well as communications business operators to do a good job in the construction and protection of communications facilities.
Article V Provincial Communications Management Organization is responsible for the supervision and management of the construction and protection of communications facilities in the administrative areas of the province.
The administrative departments of urban and rural planning, economy and informatization at or above the county level are responsible for the work related to the construction and protection of communication facilities in the administrative area in accordance with the laws, regulations and the provisions of the people's government at their level.
The public security organs at or above the county level are responsible for disrupting the order of the construction of communication facilities within the administrative area and other illegal acts of investigation and handling and the protection of communication facilities related work.
Article 6 communications business operators shall establish and improve the construction of communications facilities, protection and management of rules and regulations, to comply with the "Chinese People's *** and the State Telecommunications Regulations" and other relevant laws, rules and regulations, to ensure the quality of the construction of communications facilities and communications network operation and safety, and to fulfill the obligation to protect the safety of communications facilities.
Chapter II Planning and Construction
Article 7 of the provincial development and reform of the administrative department, the provincial communications management agency based on the national information and communications industry development planning, the province's national economic and social development planning, organization and preparation of the provincial communications industry development planning, reported to the provincial people's government for approval. Provincial communications industry development plan for the preparation of the state otherwise provided, from its provisions.
Article VIII of the city, county (city) urban and rural planning, economic and information technology and other relevant departments and units in accordance with the requirements of urban and rural planning and provincial communications industry development planning, provincial communications infrastructure development planning guidance, *** with the organization of the preparation of special planning for the construction of communications infrastructure at this level, reported to the people's government of the people's government for approval. The people's government at this level shall seek the views of the provincial communications management organization before approval. Provincial communications infrastructure construction special planning preparation guidelines developed by the provincial communications management agency in conjunction with the provincial housing and urban and rural construction and other relevant departments.
Special planning for the construction of communications infrastructure to follow the needs of economic and social development, to protect the interests of public ****, improve the human environment, intensive construction and sustainable development principles.
Article 9 of the city, county (city) urban and rural planning and land use planning should include special planning for communications infrastructure construction.
Detailed control planning of urban and rural planning should be implemented in the region communications infrastructure construction special planning to determine the location of facilities, spatial needs and layout and other content. The administrative department of urban and rural planning based on special planning for communications infrastructure construction, the project involves the construction of communications infrastructure planning permission according to law.
Special planning for communications infrastructure construction should be integrated with the construction of urban underground pipeline corridors, urban rail transit construction and other special planning.
Article 10 of the urban and rural construction activities should implement the content of the special planning for communications infrastructure construction. Urban and rural planning, land and resources and other relevant departments should be special planning for the construction of communications infrastructure as a construction project site, engineering and land use and other approvals (approval) of the basis.
Planning and design of stations, airports, ports, highways, railroads, urban roads, bridges, tunnels, urban rail transit and other construction projects, the construction unit should be coordinated with the demand for construction of communications facilities, reserved space for the construction of communications facilities. Above the county level, the administrative department of development and reform in the review of the preliminary design documents of the foregoing construction projects, shall notify the provincial communications management agency or its entrusted units to participate.
Article 11 of the construction of communications facilities should be in accordance with the overall planning, *** build **** enjoy and rational use of resources, follow the relevant laws, rules and regulations, the implementation of mandatory standards for construction of communications facilities, in line with the safety of production, energy saving and emission reduction, disaster prevention and mitigation requirements.
Article 12 parks, squares, tourist attractions, public **** green space and other public **** area owners or managers shall facilitate the construction of communications facilities, and to ensure fair access to communications business operators.
State organs, institutions, etc. shall support the construction of communication facilities, the relevant municipal facilities and public **** facilities should be in accordance with the relevant provisions of the state, open to the construction of communication facilities. Prohibit the collection of entry fees, apportionment fees and other unreasonable charges.
Article XIII of the residential construction units shall implement the national standard specification for fiber to the home. Communication pipelines and wiring facilities within the building and residential construction projects within the land area of the communication pipeline, equipment room and other ancillary facilities construction, should be included in the design documents of residential construction projects, and with the construction of residential construction projects at the same time as the construction and acceptance of the requirements should be included in the budget estimates for residential construction projects.
Residential construction units and property service enterprises should be built for residential buildings fiber to the home transformation to provide convenient conditions, shall not enter into a monopoly agreement with any enterprise, to limit the other communications business operators equal access, use or limit the user's right to choose.
Fiber-to-the-home communication facilities are not in accordance with the requirements of acceptance or unqualified acceptance, shall not be connected to the public telecommunications network. Provincial communications regulatory agencies in accordance with the quality of fiber to the home and other communications facilities for supervision and management.
Article 14 supports communication facilities and roads, bridges, tunnels, urban rail transit and other infrastructure and its ancillary facilities **** build **** enjoy. Support for public communications facilities and dedicated communications facilities *** build **** enjoy.
Provincial communications regulatory agencies, in conjunction with the provincial housing and urban-rural development, economic and information technology, transportation, public security and other relevant departments and units, based on the national *** build **** enjoy the relevant provisions and the actual situation in the province, the development of communications facilities and municipal facilities and other infrastructure *** build **** enjoy the list of directories, and modify and improve in due course.
Article 15 of the construction and operation of communications facilities shall comply with the "Chinese People's **** and State Environmental Protection Law" and other laws, regulations, rules and national electromagnetic radiation environmental protection of the relevant provisions of the National Electromagnetic Radiation Protection Standards.
The competent administrative department of environmental protection shall establish and improve the environmental regulatory mechanism of communication base stations, to carry out the operation of communication facilities electromagnetic radiation safety knowledge of publicity and education, to guide the public to correctly understand electromagnetic radiation.
Article 16 of the construction of communications facilities need to expropriate land (forest land), housing or the use of the sea (waters), in accordance with the land (forest land), housing expropriation or the use of the sea (waters) for the relevant procedures in accordance with laws and regulations, and in accordance with the provisions of the payment of the corresponding compensation costs; communications poles, masts, towers, pipelines and other communications facilities do not need to apply for land acquisition formalities, it should be with the collective land ownership, the owner of the land contract management right holder, the land contract management right holder. Owners, land contract management rights or the right to use construction land negotiation, and give the corresponding economic compensation.
Article 17 of the construction of communication facilities need to use residential buildings, structures or their top space, shall comply with environmental protection regulations, to ensure the safety of buildings, structures, and the building, structures, the owner or the right to use the right to consult with the building to determine the economic compensation and other matters.
Chapter III Protection Measures
Article 18 of the municipal, county (city) people's government to establish the responsibility system for the protection of communications facilities, the organization of economic and information technology, public security, urban and rural planning, transportation and other relevant departments as well as communications business operators to establish the coordination of communications facilities protection and information communication mechanism.
Provincial communications management agencies and municipalities, counties (cities) and public security organs shall establish communication and coordination mechanisms for the protection of communications facilities, communication facilities construction and protection of relevant laws, regulations, rules and regulations, as well as the state, the province of the relevant provisions of publicity and education, and timely investigation and handling of related violations.
Article 19 of the provincial communications regulatory agencies, in conjunction with relevant departments and communications business operators, in accordance with relevant state regulations and the actual province, the delineation of the scope of protection of communications facilities, and to the public announcement.
The preceding paragraph delineates the scope of protection of communications facilities, communications business operators shall establish protective signs, set up walls (fences) and other protective measures, published contact numbers; communications facilities to protect signs and protective facilities destroyed, should be repaired or updated.
Article 20 of the provincial administrative department of the sea and fisheries, in conjunction with the provincial communications management agencies and communications business operators, in accordance with the relevant provisions of the state and the actual situation in the province, the delineation of submarine communications fiber optic (electric) cable protection zone, announced to the community, and through the sending of cell phone text messaging and other means to allow fishermen and other marine operators know.
Marine operations found hooked submarine optical (electric) cable, marine operators should immediately stop operations, and report the location of the administrative department of the sea and fisheries and submarine optical (electric) cable owners to take appropriate protective measures. Shall not be unauthorized submarine fiber optic (electric) cable towed up, towed or cut.
Article 21 of the communications business operators shall establish and improve the post responsibility system for the protection of communications facilities and safety management, daily patrol and other systems to ensure the safe operation of communications facilities.
Communications business operators entrusted village (neighborhood) committees, social organizations, enterprises and other units or individuals to undertake the protection of communications facilities patrolling and hidden information collection, should be entrusted with the trustee to sign a protection agreement to specify the patrolling staff patrolling methods, steps, frequency, content, and the transmission of information, the discovery of hidden problems in the processing procedures and financial subsidies, incentives, etc., and regularly to the trustee for the protection of communications facilities. The trustee of the communication facilities protection related knowledge and skills training.
Article 22 of the communications business operators shall develop to deal with major natural disasters and handle emergencies in the communications security emergency plan, the establishment of communications emergency response team, safeguard emergency facilities and material reserves, timely organization of communications emergency drills to improve communications security emergency response capabilities.
Provincial communications regulatory agencies in accordance with relevant state regulations and the actual province, the communications business operators to guide and supervise the emergency work of communications security.
No unit or individual shall prevent emergency communications security personnel, vehicles and facilities and equipment to enter the communication security emergency disposal site, and shall not charge any fees.
Article 23 of the communications business operators shall, in accordance with relevant state regulations, the establishment of communications facilities, security risk assessment system; the security risk of the lot and the place of key monitoring, timely updating, remodeling, or stop the use of communications facilities do not meet the conditions of safe use.
Article 24 of the planting of trees and other plants, should be built with communication facilities to maintain the required safety spacing; endangering the safety of communication facilities or impede their normal use of `, the communications business operator shall inform the plant owner or manager to be pruned and transplanted in a timely manner. In endangering the safety of communications facilities and emergency situations, communications business operators can prune and transplant plants that do not meet the safety spacing requirements, and promptly inform the plant owner or manager of the situation.
Communications business operators should be set up in the communications facilities or through the region will be the national and provincial provisions of the relevant content of the announcement to the community.
Article 25 of the new construction projects, should be built with the communication facilities to maintain the required safety spacing. Due to objective reasons can not maintain a safe distance, after the construction of the unit should be negotiated with the owner of the communication facilities or the right to use the person to determine the safety measures, and bear the relevant costs.
No unit or individual shall not alter or relocate other people's communication lines and other communication facilities. If you need to change or relocate, you should consult the owner of the communication facilities or the right to use the views of the negotiation to determine the alteration or relocation of communication facilities, and bear the costs involved. The parties to the communication facilities alteration or relocation of another agreement, in accordance with the agreement.
Article 26 in the communication facilities set up or through the area may affect the safety of communication facilities engaged in construction, construction units or construction units shall consult with the communications business operators, and take appropriate safety measures.
As a result of construction damage to communications facilities, the construction unit or construction unit shall assist the communications business operator for repair, and bear the corresponding liability.
Article 27 prohibits the implementation of the following activities that jeopardize the safety of communications facilities:
(a) encroachment, theft, damage, destruction of communications facilities;
(b) in the state and the province within the scope of the protection of communications facilities to build houses, as well as dredging, quarrying, soil extraction, earth, piling up, drilling, trenching, anchoring, dragging nets;
(c) in the buried Underground pipelines, communication fiber optic (electric) cable signs on the ground dumping acid, alkali, salt and other corrosive waste liquids, waste slag;
(d) alter, move, remove or damage the communication facilities protection signs;
(e) laws, regulations and rules prohibit other activities that jeopardize the safety of communication facilities.
Article 28 of the acquisition of waste communications facilities, should be checked and retained to sell the unit issued by the proof of the name of the unit for sale and the name of the operator, ID number, as well as the name of the item, the number of items, specifications and other information to be truthfully registered, the relevant certificates and registration information should be kept for 2 years. Found encroachment, theft, sabotage of communications facilities suspicious leads, should be immediately reported to the public security organs.
Prohibit the acquisition of communication cables and other communication facilities without proof of legal origin.
Chapter IV Legal Liability
Article 29 violation of these provisions, one of the following circumstances, by the municipal and county (city) people's government ordered to rectify; resulting in serious consequences, by the competent authorities of the directly responsible for the competent personnel and other directly responsible personnel shall be punished according to law:
(a) failure to prepare a special plan for the construction of communications infrastructure;
(B) urban and rural planning or land use planning does not include special planning for communications infrastructure construction related content;
(C) laws, regulations and rules should be dealt with in other cases.
Article 30 in violation of the provisions of this Agreement, the signing of monopoly agreements to restrict equal access to the operator of communications services, use or restrict the user's right to choose, by the administrative department of market supervision (administration for industry and commerce), or other departments provided by laws and regulations shall be investigated and dealt with according to law.
Article 31 violates the provisions of Article 19, paragraph 2, Article 21, paragraph 1, Article 22, paragraph 1, Article 23, Article 24, paragraph 2 of the provisions of the Provincial Communications Regulatory Authority ordered to make corrections within a certain period of time; overdue corrections, shall be imposed a fine of 3,000 yuan or more than 30,000 yuan.
Violation of the provisions of Article 20, paragraph 2, by the administrative department of the sea and fisheries in accordance with the relevant provisions of the national submarine fiber optic (electric) cable pipeline protection shall be punished.
Article 32 violation of the provisions of Article 25, paragraph 2, Article 26, paragraph 1 of the provisions of the provincial communications regulatory agencies shall order a period of time to rectify the fine of 10,000 yuan or more than 100,000 yuan.
Violation of the provisions of Article 27, paragraph 2 to 4, by the provincial communications management organization shall order rectification, and may impose a fine of 500 yuan or more than 5000 yuan; the circumstances are serious, impose a fine of 5000 yuan or more than 30,000 yuan. Involving sea areas, by the administrative department of the ocean and fisheries in accordance with relevant laws, rules and regulations shall be punished.
Article 33 violates the provisions of Article 28 of these regulations, by the public security organs in accordance with the relevant provisions of the state purchase of scrap metal shall be punished.
Article 34 of the provincial communications management agencies and public security, urban and rural planning, economy and information technology and other relevant departments and their staff in the construction and protection of communications facilities in dereliction of duty, abuse of power, favoritism and malpractice, by the competent authorities directly responsible for the competent personnel and other directly responsible personnel shall be punished according to law.
Article 35 violation of the provisions of this constitutes a violation of public security management, by the public security organs in accordance with the "People's Republic of China *** and the State Administration of Public Security Punishments Law" shall be punished; constitutes a crime, by the judicial organs shall be investigated for criminal responsibility.
Chapter V Supplementary Provisions
Article 36 of the provisions of the communications facilities referred to in this regulation, refers to the provision of communications services for the public, for the realization of the communications function of the switching equipment, transmission equipment and supporting equipment. Mainly include:
(a) communication lines: including fiber optic (electric) cable, power cables, etc.; handover boxes, distribution (distribution) boxes, etc.; pipelines, chutes, manholes (handholes); poles, wires, wires, hooks and other support and reinforcement and protection devices; markers, signs, signs, manhole covers and other ancillary support facilities.
(ii) communications equipment: including base stations, relay stations, microwave stations, repeater stations, cable landing stations (points), indoor distribution systems, wireless local area network (WLAN) systems, wired access equipment, public telephone terminals.
(C) other ancillary equipment: including communications towers, transceiver antennas; public phone booths; used to maintain the normal operation of communications equipment, communications equipment room, air conditioning, storage batteries, switching power supply, uninterruptible power supply (UPS), solar panels, oil tanks, transformers, security equipment, power environment monitoring equipment, and other ancillary facilities.
(d) Other communication facilities recognized by the state communications regulatory agencies.
The communications infrastructure referred to in this provision refers to communications facilities such as communications fiber optic (electric) cables (pipelines), communications poles, mobile base stations (tower masts and machine rooms).
This provision refers to the communications business operators, refers to the law to obtain a license to operate telecommunications business and other communications business (facilities) in accordance with state regulations.
Article 37 These provisions shall come into force on April 1, 2016 onwards.