Measures of Shanghai Municipality for the Administration of the Establishment of Public Mobile Communication Base Stations

In order to strengthen the management of public mobile communication base stations, safeguard the rights and interests of mobile communication users, business operators and the public, and ensure the healthy development of public mobile communication, these measures are formulated in accordance with the provisions of the Regulations of People's Republic of China (PRC) Municipality on Radio Management and the Regulations of People's Republic of China (PRC) Telecom, combined with the actual situation of this Municipality. Article 2 (Definitions)

The term "public mobile communication base station" as mentioned in these Measures refers to the radio transceiver station that transmits information with mobile telephone terminals through the mobile communication switching center within a certain radio coverage area.

The mobile communication operators mentioned in these Measures (hereinafter referred to as operators) refer to the units that have obtained the business license of basic telecommunication services according to law and are allowed to build mobile communication networks in this Municipality to provide mobile VoIP, data services and other value-added telecommunication services to the public. Article 3 (Scope of Application)

These Measures shall apply to the management activities of setting up base stations within the administrative area of this Municipality. Article 4 (Administrative Department)

Shanghai Radio Management Committee (hereinafter referred to as the Municipal Radio Management Committee) is the administrative department in charge of radio management in this Municipality.

Shanghai Radio Management Committee Office (hereinafter referred to as the Municipal Office) is the Municipal Office, which is specifically responsible for the supervision and management of base station setting in this Municipality.

Municipal communications, planning, environmental protection, price, real estate, public security, city appearance and other departments shall, in accordance with their respective responsibilities, coordinate in the management of base stations in this Municipality. Article 5 (Development Planning)

The office of the Municipal Base Station Committee shall, according to the requirements of the city's overall urban planning, the development needs of the city's communication industry and the principle of * * * resource sharing and rational layout, prepare the professional development plan of the city's base stations, and report it to the municipal planning department for comprehensive and balanced approval before implementation.

When organizing the preparation of the city's base station professional development plan, the city's editorial office shall listen to the opinions of operators and relevant parties, and the operators may put forward the demand for base station construction to the city's editorial office. Article 6 (Layout and Site Selection Requirements)

The layout of the base station shall determine the radio coverage according to the professional development plan of the base station and the communication business requirements, and conform to the national service quality standards of the communication industry.

The location of the new base station shall meet the requirements of city appearance and landscape; When the new base station is located in a residential area, priority should be given to setting it on a non-residential building. Article 7 (Annual Setting Plan)

Operators shall, according to the requirements of the development planning, layout and site selection of base stations in this Municipality, put forward the requirements for setting up base stations this year and report to the Municipal Base Station Committee.

In the annual base station setting requirements put forward by the operators, if the base station layout or location is duplicated with that of other operators, the municipal non-commissioned office will coordinate and arrange it to avoid duplicate setting.

The Municipal Base Station Committee shall, according to the development plan of the base station in this Municipality and the requirements of the operators on the base station setting, formulate the annual setting plan in conjunction with the municipal planning, environmental protection, real estate and other departments, and announce it to the public. Article 8 (Base Station Setting Resources * * * Enjoy)

The urban public facilities management unit shall provide convenience for all operators to enjoy the base station resources.

No operator may monopolize the resources of a base station by signing an exclusive agreement. Article 9 (Application and Determination of Site Selection)

If an operator needs to set up a base station, it shall conform to the annual setting plan, and submit a base station setting scheme prepared by an engineering design unit with legal qualifications when applying for base station setting to the office of the Municipal Committee.

The municipal political commissar shall make a written decision on whether to approve or not within 15 working days from the date of receiving the application for site selection. If it is approved, it shall issue a confirmation letter of base station location; If it is not approved, it shall notify the applicant in writing and explain the reasons.

Where an independent base station tower and computer room are set up, the relevant procedures shall be handled in accordance with the provisions of relevant laws. Article 10 (Notice of Setting up Base Stations)

Where an operator sets up a base station on a civil building, it shall notify the owner or user of the relevant building of the confirmation of the location of the base station 15 days before the establishment of the station.

If the base station is set to change the nature of the use of the house, the operator shall report the setting of the base station to the district or county planning and real estate department where the base station is located for the record. Article 11 (Base Station Usage Fee)

Where an operator sets up a base station on a civil building, he shall pay the use fee to the property owner or other obligee of the building.

The usage fee standard for setting up base station antennas 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 setting up a base station computer room in a civil building shall be determined through consultation between the operator and the property owner or other obligee of the building. Article 12 (Compensation Agreement for Antenna Setting of Base Station and Management of Usage Fee)

An operator who installs a base station antenna on a civil building shall sign a compensation agreement for the installation of the base station antenna with the property owner or other obligee of the building according to the usage fee standard, and pay the usage fee according to the agreement. Because there is no owners' committee in the property management area where the civil building is located, the operator can pay the use fee through notarization escrow.

The installation fee of base station antenna shall be included in the property maintenance fund and shall not be used for other purposes.