To strengthen public mobile communication base station Set Administration To safeguard the rights and interests of mobile communication users, business operators and the public, and ensure the healthy development of public mobile communications, these Measures are formulated in accordance with the provisions of the Regulations of the People's Republic of China on Radio Administration and the Regulations of the People's Republic of China on Telecommunications, and in combination with the actual situation of this Municipality. The public mobile communication base station (hereinafter referred to as the base station) referred to in these Measures refers to a radio transceiver station that transmits information between mobile phone terminals and mobile communication switching centers in a certain radio coverage area.
The term "mobile communication operator" (hereinafter referred to as "operator") as mentioned in these Measures refers to the unit that has obtained the basic telecommunications business operation license according to law, has been approved to build a mobile communication network in this city, and provides mobile network telephone, data services and other value-added telecommunications services to the public.
These Measures shall apply to the management of the establishment of base stations in the administrative areas of this Municipality.
The Shanghai Municipal Radio Regulatory Commission (hereinafter referred to as the SMRC) is the administrative department in charge of radio management in this Municipality.
The Office of the Shanghai Municipal Radio Regulatory Commission (hereinafter referred to as the SMRCO) is an office of the SMRCO, which is specifically responsible for the supervision and administration of the establishment of base stations in the city.
The municipal communication, planning, environmental protection, price, real estate, public security, city appearance and other departments shall, in accordance with their respective responsibilities, cooperate in the relevant management of the city's base stations.
The Municipal Commission Office shall, in accordance with the requirements of the city's overall urban planning, the development needs of the city's communications industry and the principle of resource sharing and rational layout, prepare a professional development plan for the city's base stations, which shall be implemented after being reported to the city's planning department for comprehensive balance and approval.
When preparing the professional development plan of the city's base station, the municipal non commissioned office should listen to the opinions of the operator and relevant parties. The operator can put forward the demand for base station construction to the municipal non commissioned office.
The layout of base stations shall, according to the professional development plan of base stations and the needs of communication services, determine the radio coverage and meet the service quality standards of the national communication industry.
The site selection of new base stations shall meet the requirements of city appearance and landscape; If a new base station is located in a residential area, priority should be given to non residential buildings.
The operator shall, according to the development plan, layout and site selection requirements of the city's base stations, put forward the demand for the installation of base stations this year, and report to the city without commission.
If the layout or site selection of the base station is duplicate with that of other operators in the annual base station setting requirements proposed by the operators, the municipal non commissioned office shall coordinate and arrange to avoid duplicate settings.
The MCAO shall, in accordance with the development plan of the city's base station and the demand for base station setup put forward by the operator, work together with the municipal planning, environmental protection and real estate departments to formulate an annual setup plan and publish it to the public.
The management unit of urban public facilities shall provide convenience for all operators to share base station resources.
Any operator shall not monopolize the base station resources by signing an exclusive agreement.
If the operator needs to set up a base station, it shall comply with the annual setting plan, and submit the base station setting scheme prepared by a legally qualified engineering design unit when applying to the MCAO for setting up a base station.
The Municipal Non commissioned Office shall decide whether to approve the site selection within 15 working days from the date of receiving the site selection application. If it is approved, a certificate of site selection for base stations shall be issued; If the application is not approved, the applicant shall be notified in writing and the reasons shall be explained.
For the installation of independent base station towers and computer rooms, relevant procedures shall also be handled in accordance with relevant laws.
If an operator sets up a base station on a civil building, it shall notify the owner or user of the relevant building 15 days prior to the establishment of the station by presenting the confirmation of the location of the base station.
If the installation of a base station changes the nature of the house, the operator shall report the installation of the base station to the local, county planning and real estate departments for the record.
Where an operator sets up a base station on a civil building, it shall pay royalties to the owner of the building or other obligees.
The standard of using base station antenna in civil buildings shall be proposed by the Municipal Price Bureau in conjunction with relevant municipal departments and implemented after being approved by the municipal government.
The purchase fee or lease fee for the installation of base station machine rooms in civil buildings shall be determined by the operator through consultation with the property owner of the building or other rights holders.
If an operator sets up a base station antenna on a civil building, it shall sign a base station antenna setting compensation agreement with the property owner or other obligees of the building in accordance with the standard of royalties, and pay royalties as agreed in the agreement. If the compensation agreement for base station antenna setting cannot be signed because the property management area where the civil building is located has not established an owner committee according to law, the operator can pay the use fee by notarization and deposit.
The base station antenna installation fee shall be included in the building property maintenance fund and shall not be used for other purposes.
The design and installation of base stations shall be carried out in accordance with the relevant provisions of the State on construction, and shall not endanger the safety of relevant buildings.
If damage is caused to buildings or structures in the process of installing base stations, they shall be liable for compensation according to law.
Before the base station is put into formal operation, the operator shall, in accordance with the requirements of radio management and environmental protection, submit an acceptance application and provide relevant data to the Municipal Commission Office and the Municipal Environmental Protection Department.
After receiving the application for acceptance, the Municipal Commission Office and the Municipal Environmental Protection Department shall, together with the relevant departments, conduct acceptance of the site, emission power, electromagnetic radiation level and landscape of the station. If the radio station passes the acceptance, the Municipal Commission Office and the Municipal Environmental Protection Department shall issue the Radio Station License and the Electromagnetic Radiation Environment Acceptance Certificate.
The operator can put the base station into formal operation according to the approved contents only after obtaining the Radio License and the Electromagnetic Radiation Environment Acceptance Certificate.
After the base station is put into operation, it shall be ensured that the electromagnetic radiation level in the surrounding environment of the base station meets the national regulations. If the operation of the base station changes the content of the verification, the operator shall go through the change procedures with the original approval department; When the base station is stopped or cancelled, the operator shall go through the cancellation formalities with the Municipal Environmental Protection Commission and file with the Municipal Environmental Protection Department.
No unit or individual may, without authorization, remove or relocate the base station facilities put into operation. If demolition is necessary under special circumstances, the consent of the relevant business operators shall be obtained, and the unit or individual requesting demolition shall bear the expenses for demolition and compensate for the economic losses caused thereby.
Operators shall support and cooperate with the removal of base station facilities due to municipal construction projects. The demolisher shall notify the operator in advance, bear the expenses required for the demolition of the base station, and sign a demolition compensation agreement with the operator. The demolisher shall implement the base station relocation after the operator has properly handled the communication business affected by the base station relocation and determined the relocation plan.
Governments at all levels shall ensure the installation of base stations and maintain the security of mobile communications. If the mobile communication network is interrupted due to the destruction of the base station due to natural disasters or other reasons, the governments at all levels shall try their best to assist the operators in rush repair and timely restore mobile communication.
No organization or individual may obstruct operators from setting up and maintaining base stations according to law.
Engaging in construction, production, tree planting and other activities shall not endanger the base station facilities or impede the smooth flow of mobile communication network; When special circumstances may endanger the safety of base station facilities, relevant operators shall be notified in advance, and the units or individuals engaged in such activities shall be responsible for taking necessary safety protection measures.
Anyone who, in violation of the provisions of the preceding paragraph, damages the base station facilities or hinders the smooth flow of mobile communications shall be restored to the original state or repaired, and shall compensate for the economic losses caused thereby.
If a base station is set up or put into formal operation without approval or acceptance, the municipal office without commission shall order it to stop operation and go through the setup procedures; If the circumstances are serious, a fine may be imposed according to law; Those that do not meet the installation conditions shall be sealed up, or the equipment shall be confiscated.
Those who violate these Measures and should be punished for public security administration shall be punished by the public security organ in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the party concerned is not satisfied with the specific administrative act, he may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the provisions of the Administrative Reconsideration Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China.
If a party fails to apply for reconsideration, bring a lawsuit or perform a specific administrative act within the statutory time limit, the administrative organ that has performed the specific administrative act may apply to the people's court for compulsory execution in accordance with the Administrative Procedure Law of the People's Republic of China.
State functionaries shall abide by discipline and law and enforce the law impartially. Any person who neglects his duty, abuses his power, engages in malpractices for personal gain, demands or accepts bribes, or perverts the law in execution shall be given administrative sanctions by his unit or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
The setting and management of various public communication base stations for trunking communication, paging communication, satellite mobile communication, wireless access communication and other communication modes shall be implemented with reference to these Measures, unless otherwise specified by laws and regulations.
Temporary public communication base stations for special communication, emergency communication and other tasks shall be handled in accordance with relevant regulations.
These Measures shall come into force as of August 1, 2001.
