Regulations on the Construction and Protection of Communication Facilities in Zhejiang Province 20 18

Regulations on the Construction and Protection of Communication Facilities in Zhejiang Province 20 18

Regulations of Zhejiang Province on the Construction and Protection of Communication Facilities

Chapter I General Provisions

Article 1 In order to strengthen the construction and protection of communication facilities, ensure the safe and smooth communication network, improve the level of communication services, and promote the healthy development of communication, these Provisions are formulated in accordance with the Regulations of People's Republic of China (PRC) Telecom and other relevant laws and regulations, combined with the actual situation of this province.

Article 2 These Provisions shall apply to the construction and protection of communication facilities within the administrative area of this province.

The construction and protection of radio and television facilities shall be governed by the Regulations on the Administration of Radio and Television and the Regulations on the Protection of Radio and Television Facilities and other relevant laws and regulations; Where relevant laws and regulations do not make provisions, these Provisions shall apply.

Article 3 Communication facilities belong to public infrastructure and are protected by law.

No unit or individual may engage in activities that endanger the construction and protection of communication facilities.

Fourth people's governments at or above the county level shall incorporate the construction and protection of communication facilities into the national economic and social development plan at the corresponding level; Coordinate the relationship between communication industry planning, urban and rural planning and overall land use planning, and promote the sharing of communication facilities and urban and rural infrastructure construction; Supervise the relevant departments and units to perform their duties of protecting communication facilities according to law, and incorporate the protection of communication facilities into the comprehensive management of social security and the construction of peace.

Township people's governments and sub-district offices shall cooperate with relevant departments and units and communication business operators to do a good job in the construction and protection of communication facilities.

Fifth provincial communication management institutions shall be responsible for the supervision and management of the construction and protection of communication facilities within the administrative area of this province.

The administrative departments of urban and rural planning, economy and informatization at or above the county level shall be responsible for the construction and protection of communication facilities within their respective administrative areas in accordance with laws, regulations and the provisions of the people's governments at the corresponding levels.

Public security organs at or above the county level shall be responsible for the investigation and punishment of illegal acts such as disturbing the order of communication facilities construction and related work of communication facilities protection within their respective administrative areas.

Article 6 Communication business operators shall establish and improve the rules and regulations on the construction, protection and management of communication facilities, abide by the Regulations of People's Republic of China (PRC) Telecom and other relevant laws, regulations and rules, ensure the construction quality of communication facilities and the safe operation of communication networks, and fulfill the obligation of safety protection of communication facilities.

Chapter II Planning and Construction

Article 7 The provincial development and reform administrative department and the provincial communication management institution shall, according to the national information and communication industry development plan and the national economic and social development plan of this province, organize the preparation of the provincial communication industry development plan and submit it to the provincial people's government for approval. If the state has other provisions on the preparation of the development plan of the provincial communications industry, such provisions shall prevail.

Article 8 The relevant departments and units of urban and rural planning, economy and informatization of cities divided into districts shall, in accordance with the requirements of guiding opinions on urban and rural planning, provincial communication industry development planning and provincial communication infrastructure construction special planning, organize the preparation of special planning for communication infrastructure construction at the corresponding level and report it to the people's government at the corresponding level for approval. The people's government at the corresponding level shall solicit the opinions of the provincial communication management institutions before approval. Guiding opinions on the preparation of special planning for communication infrastructure construction in the province shall be formulated by the provincial communication management institution in conjunction with the relevant departments of housing and urban and rural construction in the province.

The compilation of special planning for communication infrastructure construction follows the principles of adapting to the needs of economic and social development, safeguarding public interests, improving living environment, intensive construction and sustainable development.

Article 9 Urban and rural planning and land use planning of cities and counties (cities) divided into districts shall include relevant contents of special planning for communication infrastructure construction.

The regulatory detailed planning of urban and rural planning shall implement the location, space demand and layout of facilities determined by the special planning of communication infrastructure construction in this area. The competent administrative department of urban and rural planning shall, according to the special planning of communication infrastructure construction, implement planning permission for projects involving communication infrastructure construction according to law.

The special planning of communication infrastructure construction should be connected with the special planning of urban underground common ditch construction and urban rail transit construction.

Tenth urban and rural construction activities should implement the contents of the special plan for the construction of communication infrastructure. Urban and rural planning, land and resources and other relevant departments should take the special planning of communication infrastructure construction as the basis for site selection, project construction and land use approval (approval).

When planning and designing construction projects such as stations, airports, ports, highways, railways, urban roads, bridges, tunnels and urban rail transit, the construction unit shall make overall plans for the construction of communication facilities and reserve space for the construction of communication facilities. The administrative department of development and reform at or above the county level shall, when reviewing the preliminary design documents of the above-mentioned construction projects, notify the provincial communication management institutions or the units entrusted by them to participate.

Article 11 The construction of communication facilities shall follow the principles of overall planning, construction and rational utilization of resources, follow the provisions of relevant laws, regulations and rules, implement mandatory standards for the construction of communication facilities, and meet the requirements of safe production, energy conservation and emission reduction, and disaster prevention and mitigation.

Twelfth parks, squares, tourist attractions, public green spaces and other public areas owners or managers should provide convenience for the construction of communication facilities, and ensure the fair access of communication business operators.

State organs and institutions shall support the construction of communication facilities, and relevant municipal facilities and public facilities shall be open to the construction of communication facilities in accordance with relevant state regulations. It is forbidden to collect unreasonable fees such as entrance fees and apportionment fees.

Thirteenth residential construction units should implement the national standards and norms of fiber to the home. The construction of communication pipelines, wiring facilities, communication pipelines, equipment rooms and other supporting facilities in buildings within the scope of land for residential construction projects shall be included in the design documents of residential construction projects, and shall be constructed and accepted simultaneously with residential construction projects, and the required funds shall be included in the budgetary estimate of residential construction projects.

Residential construction units and property service enterprises shall provide convenient conditions for the renovation of existing residential buildings with optical fiber to the home, and shall not sign monopoly agreements with any enterprises to restrict the equal access, use or user choice of other communication business operators.

Fiber-to-the-home communication facilities are not accepted as required or unqualified, and shall not be connected to the public telecommunication network. Provincial communication management institutions shall supervise and manage the quality of communication facilities such as FTTH.

Fourteenth support communication facilities and roads, bridges, tunnels, urban rail transit and other infrastructure and ancillary facilities. Support the construction of public communication facilities and private communication facilities.

Provincial communication management institutions shall, jointly with the relevant departments and units of housing and urban and rural construction, economy and informatization, transportation, public security, etc., formulate a catalogue of infrastructure such as communication facilities and municipal facilities in this province according to the relevant provisions of the state and the actual situation of this province, and revise and improve it in a timely manner.

Fifteenth the construction and operation of communication facilities shall abide by the "People's Republic of China (PRC) Environmental Protection Law" and other laws, regulations and rules, as well as the provisions of the state on environmental protection of electromagnetic radiation, in line with the national electromagnetic radiation protection standards.

The competent administrative department of environmental protection shall establish and improve the environmental supervision mechanism of communication base stations, carry out publicity and education on electromagnetic radiation safety knowledge in the operation of communication facilities, and guide the public to correctly understand electromagnetic radiation.

Article 16 Where land (forest land), houses or sea areas (waters) need to be expropriated for the construction of communication facilities, relevant procedures shall be handled in accordance with the laws and regulations on land (forest land), house expropriation or the use of sea areas (waters), and corresponding compensation fees shall be paid in accordance with regulations; The construction of communication poles, towers, lines and other communication facilities does not need to go through land acquisition procedures, which shall be determined by the collective land owner, the land contractual management right holder or the construction land use right holder through consultation, and the corresponding economic compensation shall be given.

Article 17 Where the construction of communication facilities requires the use of residential buildings, structures or their headspace, it shall comply with the provisions on environmental protection, ensure the safety of the buildings and structures, and negotiate with the owners or users of the buildings and structures to determine economic compensation and other matters.

Chapter III Protective Measures

Article 18 The people's governments of cities and counties (cities) divided into districts shall establish a responsibility system for the protection of communication facilities, and organize relevant departments of economy and informatization, public security, urban and rural planning, transportation and other communication business operators to establish a communication facility protection coordination and information communication mechanism.

Provincial communication management institutions, administrative departments of economy and informatization of cities and counties (cities) divided into districts, and public security organs shall establish communication and coordination mechanisms for the protection of communication facilities, organize publicity and education on the construction and protection of communication facilities and relevant laws, regulations, rules and national and provincial regulations, and promptly investigate and deal with relevant illegal acts.

Nineteenth provincial communication management agencies in conjunction with the relevant departments and communication business operators, according to the relevant provisions of the state and the actual situation of this province, delimit the scope of protection of communication facilities, and make an announcement to the public.

The scope of protection of communication facilities designated in the preceding paragraph, communication business operators shall set up protective signs, set up protective measures such as walls (fences), and publish contact numbers; If the protective signs and protective facilities of communication facilities are damaged, they shall be repaired or updated in time.

Article 20 The provincial administrative department of marine and fishery shall, jointly with the provincial communication management agencies and communication business operators, delimit the scope of submarine communication optical (electric) cable protection zones according to the relevant provisions of the state and the actual situation of this province, announce them to the public, and let fishermen and other maritime operators know by sending short messages.

When the submarine optical (electric) cable is found to be hooked during offshore operation, the offshore operator shall immediately stop the operation and report to the local marine and fishery administrative department and the owner of the submarine optical (electric) cable to take corresponding protective measures. Submarine optical (electric) cables shall not be pulled up, broken or cut off without authorization.

Twenty-first communication business operators should establish and improve the post responsibility system, safety management, daily inspection and other systems for the protection of communication facilities to ensure the safe operation of communication facilities.

Communication business operators entrust village (neighborhood) committees, social organizations, enterprises and other units or individuals to undertake the protection of communication facilities such as inspections and information collection of hidden dangers, and shall sign an entrustment protection agreement with the trustee, specifying the inspection methods, steps, frequency, content, information transmission, handling procedures for finding hidden dangers, financial subsidies, rewards and other contents, and regularly train the trustee on the knowledge and skills related to the protection of communication facilities.

Twenty-second communication business operators should formulate emergency plans for communication support to deal with major natural disasters and emergencies, establish communication emergency teams, ensure emergency facilities and material reserves, organize communication emergency drills in a timely manner, and improve communication emergency capabilities.

Provincial communication management institutions shall, in accordance with the relevant provisions of the state and the actual situation of this province, guide and supervise the emergency work of communication security for communication business operators.

No unit or individual may prevent emergency communication support personnel, vehicles, facilities and equipment from entering the communication support emergency disposal site, and may not charge any fees.

Twenty-third communication business operators shall, in accordance with the relevant provisions of the state, establish a safety risk assessment system for communication facilities; Focus on monitoring lots and places with high security risks, and timely update, transform or stop using communication facilities that do not meet the conditions for safe use.

Twenty-fourth trees and other plants should be planted at a safe distance from the established communication facilities; If it endangers the safety of communication facilities or hinders their normal use, communication business operators shall notify plant owners or managers to prune and transplant them in time. When the safety of communication facilities is endangered and the situation is urgent, communication business operators can prune and transplant plants that do not meet the requirements of safe spacing, and inform the plant owners or managers of the situation in time.

Communication business operators shall announce the relevant contents stipulated by the state and the province to the public in the areas where communication facilities are set up or accessible.

Twenty-fifth new projects should keep a prescribed safe distance from the existing communication facilities. If it is impossible to keep a safe distance due to objective reasons, the later construction unit shall negotiate with the owner or user of the communication facility to determine the safety protection measures and bear the relevant expenses.

No unit or individual may change or transfer other people's communication lines and other communication facilities without authorization. If it is really necessary to change or relocate, the opinions of the owners or users of communication facilities shall be sought in advance, and the change or relocation of communication facilities shall be determined through consultation, and the relevant expenses shall be borne. If the parties have otherwise agreed on the alteration or relocation of communication facilities, such agreement shall prevail.

Twenty-sixth in the area where communication facilities are set up or pass through, the construction unit or the construction unit shall negotiate with the communication business operators and take corresponding safety protection measures.

If the communication facilities are damaged due to construction, the construction unit or the construction unit shall assist the communication business operators to carry out emergency repair and bear the corresponding liability for compensation.

Twenty-seventh prohibit the implementation of the following activities that endanger the safety of communication facilities:

(a) occupation, theft, destruction, damage to communication facilities;

(2) Building houses, dredging, quarrying, taking soil, piling up soil, drilling, trenching, anchoring and trawling within the scope of protection of communication facilities stipulated by the state and this province;

(three) dumping corrosive waste liquid and waste residue containing acid, alkali and salt. Ground with buried underground pipelines and communication optical (electric) cables;

(4) Altering, moving, removing or damaging the protective signs of communication facilities;

(five) other activities that endanger the safety of communication facilities prohibited by laws, regulations and rules.

Article 28 When purchasing waste communication facilities, the certificate issued by the selling unit shall be inspected and kept, and the name of the selling unit, the name of the agent, the ID number and the name, quantity and specifications of the goods shall be truthfully registered. Relevant certificates and registration materials shall be kept for 2 years. Anyone who finds suspicious clues of embezzlement, theft or destruction of communication facilities shall immediately report to the public security organ.

It is forbidden to purchase communication facilities such as communication cables without legal source certificates.

Chapter IV Legal Liability

Twenty-ninth in violation of the provisions of any of the following circumstances, the people's government of the city or county (city) with districts shall order it to make corrections; If serious consequences are caused, the competent authority shall punish the directly responsible person in charge and other directly responsible personnel according to law:

(a) did not prepare a special plan for the construction of communication infrastructure;

(two) the urban and rural planning or the overall land use planning does not include the relevant contents of the special planning for the construction of communication infrastructure;

(three) other circumstances that should be dealt with in accordance with laws, regulations and rules.

Thirtieth in violation of these regulations, the signing of a monopoly agreement, restricting the equal access and use of communication business operators, or restricting the choice of users, shall be investigated and dealt with by the market supervision and management department (industrial and commercial administration) or other departments stipulated by laws and regulations according to law.

Thirty-first in violation of the provisions of the second paragraph of article nineteenth, the first paragraph of article twenty-first, the first paragraph of article twenty-second, article twenty-third, the second paragraph of article twenty-fourth, the provincial communication management agency shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 3000 yuan but not more than 30 thousand yuan shall be imposed.

In violation of the provisions of the twentieth paragraph of this Ordinance, the administrative department of marine and fishery shall be punished in accordance with the relevant provisions of the national submarine optical (electric) cable pipeline protection.

Thirty-second in violation of the provisions of the second paragraph of article twenty-fifth and the first paragraph of article twenty-sixth, the provincial communication management agency shall order it to make corrections within a time limit and impose a fine of more than 10000 yuan 10000 yuan.

Violation of the provisions of the second to fourth of the twenty-seventh provisions of this Ordinance, the provincial communication management agency shall order it to make corrections, and may impose a fine of more than 5,000 yuan in 500 yuan; If the circumstances are serious, a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed. Involving sea areas, the administrative department of marine and fishery shall be punished according to relevant laws, regulations and rules.

Thirty-third in violation of the provisions of article twenty-eighth, the public security organs shall be punished in accordance with the relevant provisions of the national scrap metal acquisition.

Article 34 if the provincial communication management institutions, public security, urban and rural planning, economy and informatization departments and their staff neglect their duties, abuse their powers or engage in malpractices for selfish ends in the construction and protection of communication facilities, the relevant competent departments shall give sanctions to the directly responsible person in charge and other directly responsible personnel according to law.

Thirty-fifth violation of these provisions constitutes a violation of public security administration, and shall be punished by the public security organ in accordance with the provisions of the People's Republic of China (PRC) Public Security Administration Punishment Law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Chapter V Supplementary Provisions

Thirty-sixth communication facilities mentioned in these Provisions refer to exchange equipment, transmission equipment and supporting equipment that provide communication services for the public and are used to realize communication functions. Mainly includes:

(1) Communication lines: including optical (electric) cables and power cables; Handover box, distribution box, etc. Pipes, channels and manholes (handholes); Support, reinforcement and protection devices, such as poles, stay wires, messenger wires and hooks; Monuments, signs, manhole covers and other ancillary facilities.

(2) Communication equipment: including base station, relay station, microwave station, relay station, submarine cable landing station (point), indoor distribution system, wireless local area network (WLAN) system, wired access equipment, public telephone terminal, etc.

(3) Other supporting equipment: including communication tower and transceiver antenna; Public telephone booth; Auxiliary facilities such as communication room, air conditioner, storage battery, switching power supply, uninterruptible power supply (UPS), solar panel, oil engine, transformer, security equipment and power environment monitoring equipment. Used to maintain the normal operation of communication equipment.

(four) other communication facilities identified by the national communication management agency.

The communication infrastructure mentioned in these Provisions refers to optical (electric) cables (pipelines), communication poles, mobile base stations (towers, computer rooms) and other communication facilities.

The term "communication business operators" as mentioned in these Provisions refers to enterprises that have obtained the business license of telecommunication business according to law and enterprises that operate other communication services (facilities) in accordance with state regulations.

Article 37 These Provisions shall come into force as of April 1 day, 2065.