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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II MEASURES FOR PROTECTION CHAPTER III PENALTY PROVISIONS CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated in order to safeguard the safety of radio and television facilities and guarantee the sound and high-quality broadcasting and reception of radio and television signals. Article 2. The protection of the following facilities of a radio and television station/center (including cable radio and television station/center, hereinafter the same) as well as the transmission network for radio and television broadcasting legally established within the territory of the People¡¯s Republic of China shall be governed by the present Regulation: (1) The radio and television signal emission facilities, including antenna, feeder links, tower masts (poles), ground network, satellite transmitting antenna as well as the auxiliary equipments thereof; (2) The exclusive transmission facilities of radio and television signals, including exclusive air transmission paths such as power cable lines, optical fiber cable lines (hereafter referred to transmission lines), tower masts (poles), microwaves, etc., microwave stations, satellite ground receiving facilities, relay equipments as well as the auxiliary equipments thereof; and (3) The radio and television signal monitoring facilities, including monitoring receiving antenna, feeder links, tower masts (poles) and direction-finding field intensity rooms as well as the auxiliary equipments thereof. The protection and administration of the network facilities such as public telecommunication network applied in the transmission of radio and television signals shall be implemented according to the relevant laws and administrative regulations. Article 3. The people¡¯s government above the county level shall incorporate the planning and protection of radio and television facilities into its overall planning of urban and suburban construction and intensify the publicity and education of the protection of radio and television facilities. The administrative department or organ in charge of the administration of radio and television of the people¡¯s government above the county level (hereinafter uniformly referred to the administrative department of radio and television) shall take charge of the protection of radio and television facilities within its jurisdiction and take necessary measures to guarantee the safety of radio and television facilities. Article 4. All entities and individuals shall be obliged to protect radio and television facilities. It¡¯s prohibited for any entity or individual to embezzle, plunder, divide, intercept or destroy any radio and television facility. Any entity or individual has the right to stop any act of endangering radio and television facilities and report it to the relevant department. CHAPTER II MEASURES FOR PROTECTION Article 5. An administrative entity of radio and television facilities shall take charge of the maintenance of radio and television facilities so as to guarantee their normal operation. An administrative entity of radio and television facilities shall set up protection signs around the radio and television facilities, which indicate the requirements of protection. Article 6. The following acts that may endanger the safety of radio and television signal emission facilities or injure their functions are prohibited: (1) Dismantling or breaking any antenna, feeder link, ground network or enclosing wall or encircling gear of the antenna area or any auxiliary equipment or mark thereof; (2) Carrying out any construction within 250 meters around any medium-wave antenna or building any huge architecture of a height beyond an elevation angle of 3 degrees calculated on the basis of a starting point of 250 meters beyond the antenna; (3) Conducting any forestation or piling up any metal article within 500 meters in front of any short-wave antenna or carrying out any construction across overhead power lines or building any huge architecture of a height beyond an elevation angle of 3 degrees calculated on the basis of a starting point of 500 meters beyond the antenna; (4) Carrying out any construction within 1,000 meters in front of any directional antenna with a power of more than 300 kw or building any huge architecture of a height beyond an elevation angle of 3 degrees calculated on the basis of a starting point of 1,000 meters beyond the antenna; (5) Carrying out any construction within 3 meters on either side of any feeder link or planting any tree or any plant of a long-stalk variety within 5 meters on either side of any feeder link; or (6) Quarrying sand, excavating earth, drilling, piling or dumping any corrosive substance within 5 meters around any antenna or tower mast (pole) or within any scope which may endanger the safety of the cat anchor. Article 7. The following acts that may endanger the safety of exclusive radio and television signal transmission facilities or injure their functions are prohibited: (1) Undertaking operations such as laying any major pipe of flammable or explosive liquid (gas), anchoring or pulling anchor, or quarrying sand within 5 meters on either side of any underneath transmission line or within 50 meters on either side of any indicated underwater transmission line; (2) Moving or breaking any transmission line, terminal pole, tower mast (pole) or any auxiliary equipment or mark thereof; (3) Planting any plant whose rootstock may twist any transmission line or dumping any corrosive substance within 1 meter around the ground where any transmission line is marked underneath; (4) The distance between the peak of a tree and any overhead transmission line is less than 2 m; (5) Quarrying sand or excavating earth within 1 meter of a tower mast (pole) or stay wire of any transmission line, dumping any corrosive substance or piling any flammable or explosive article within 5 meters of a mast (pole) or stay wire of any transmission line; or (6) Tying any livestock, hanging up any article or winding any crop to a tower mast (pole) or stay wire of any transmission line. Article 8. The following acts that may endanger the safety of radio and television signal monitoring facilities or injure their functions are prohibited: (1) Moving or breaking any monitoring receiving antenna, tower mast (pole) or any auxiliary equipment or mark thereof; (2) Setting up any overhead power line, constructing any electromagnetic radioactive facility such as railway or highway or laying any metal component in violation of the relevant state standards around any monitoring station/center; (3) Planting any tree or any plant of a long-stalk variety or carrying out any excavation or construction that may have any impact on the land flatness within 150 meters of any direction-finding field intensity room of a monitoring station/center; or (4) Carrying out any construction within 1,000 meters around any monitoring antenna or building any building or architecture beyond an elevation angle of 3 degrees calculated on the basis of a starting point of 1,000 meters beyond the antenna or piling up any article beyond a prescribed ceiling height. Article 9. The following acts that may endanger the safety of radio and television facilities or injure their functions shall be prohibited: (1) Undertaking any blasting operation within 500 meters around any radio and television facility; (2) Undertaking any field burning within 500 meters around any antenna, feeder link, transmission line or any tower mast (pole) or stay wire thereof; (3) Carrying out any construction within 50 meters in front of any satellite antenna or building any building or architecture beyond an elevation angle of 5 degrees calculated on the basis of a starting point of 50 meters in front of the antenna or piling up any article beyond a prescribed ceiling height; (4) Building any facility that produces serious powder pollution, heavily corrosive chemical gas or radioactive substance within 1, 500 meters around any launching or monitoring station (center); or (5) Building any flammable or explosive facility such as oil depot, oil filling station, liquefied gas station, gas station within 500 meters around any launching or monitoring station (center). Article 10. The construction or expansion of any radio and television facility shall comply with the overall planning of urban and suburban construction. The location shall be selected according to the relevant provisions of the state so as to avoid any source of interference. Article 11. The construction of any radio and television signal emission facility shall comply with the relevant state standards on the prevention and protection of electromagnetic waves and those of satellites. Within the field intensity of any emission facility, the construction of facilities such as organs, factories, schools, stores or citizen¡¯s residence shall not only meet the relevant provisions of the present Regulation but also meet the relevant state standards on the prevention and protection of electromagnetic waves and those of satellites. Article 12. Where an entity or individual piles up any cumbersome articles, plants any tree or levels off the land within 2 meters on either side of any marked transmission line underneath, it/he shall solicit the approval of the administrative entity of radio and television facilities beforehand and take effective measures for prevention and protection before the work is started. Article 13. Where any entity or individual carries out activity such as field burning beyond 500 meters around any antenna or feeder link, which may endanger the safety of radio and television facilities, it/he shall inform the administrative entity of radio and television facilities beforehand and take effective measures for prevention and protection before is work is started. Article 14. Where an entity or individual plants any tree or crop around any antenna or feeder link, it/he shall guarantee the smooth passage of patrolling or maintenance vehicles. Where the passage of a patrolling or maintenance vehicle incurs any loss to any tree or crop, the relevant administrative entity of radio and television facilities shall make compensation according to the relevant provisions of the state. Where the height of any tree fails to meet the requirements of safety distance to protect overhead transmission lines, the administrative entity of radio and television facilities has the power to wipe out the excessive part. Article 15. Where any listening or watching device is linked to or hung onto any radio and television transmission line, or where equipment such as optical dispenser or branch magnifier is adjusted or installed, or where any branch dispenser or any other line is plugged into any cable radio and television equipment, it shall be subject to the approval of the administrative entity of radio and television facilities and the installation shall be conducted by relevant professionals. Article 16. Where any entity lays any power or telecommunications line within a field of antenna or hangs any power or telecommunications line onto an overhead transmission line, it shall obtain the approval of the administrative entity of radio and television facilities beforehand and shall carry out the relevant construction under the guidance of relevant professionals. Article 17. The exclusive power and water supply as well as telecommunications of an administrative entity of radio and television entity shall be guaranteed by the relevant department or entity. An administrative entity of radio and television facilities shall, according to the requirements of the relevant administrative department of radio and television, set up important radio and television facilities with spare facilities such as sources of power and water. Article 18. An engineering project shall be kept away from the radio and television facilities. Where any major engineering project fails to be kept away from the radio and television facilities and the relevant radio and television facilities need to be moved away, the administrative department of city planning shall obtain the approval of the relevant administrative department of radio and television before making any examination and approval. The principles of construction before demolishment shall be upheld in the work of relocation. The expenses required by a relocation shall be born by the entity that has incurred the relocation of radio and television facilities. The technical parameter of the new location for relocation shall be reported for approval according to the relevant provisions of the state. Article 19. Where it¡¯s really necessary to build any construction project within any exclusive air transmission path of radio and television signals, the administrative department of city planning shall obtain the approval of the relevant administrative department of radio and television before making any examination and approval. Where a project construction blocks off any exclusive air transmission path and thus, it is necessary to establish a relay station of radio and television signals, the construction entity shall bear the necessary expenses required and make relevant economic compensation. CHAPTER III PENALTY PROVISIONS Article 20. Where an entity or individual violates the present Regulation by undertaking any building construction, building any facility or carrying out activity such as blasting or field burning within the protection scope of radio and television facilities, the administrative department of radio and television of the people¡¯s government above the county level or an authorized administrative entity of radio and television facilities shall order it/him to correct and to demolish the relevant rule-breaking building or facility, and impose a fine of 1,000 yuan up to 10,000 yuan if the violator is an individual or a fine of 20,000 yuan up to 100,000 in the case of an entity. The person-in-charge and any other person held to be directly liable shall be given an administrative sanction. Where anyone violates any provision on the administration of public security, the organ of public security shall give a punishment of public security according to law. Where a crime is constituted, the violator shall be subject to criminal liabilities according to law. Article 21. Where an entity or individual violates the present Regulation by breaking any radio and television facility, the administrative department of radio and television of the people¡¯s government above the county level or an authorized administrative entity of radio and television facilities shall order it/him to correct, and impose a fine of 1,000 yuan up to 10,000 yuan if the violator is an individual or a fine of 20,000 yuan up to 100,000 yuan in the case of an entity. Where anyone violates any provision on the administration of public security, the organ of public security shall give a punishment of public security according to law. Where a crime is constituted, the violator shall be subject to criminal liabilities according to law. Article 22. Where an entity or individual violates the present Regulation by having any of the following acts within the scope of protecting the radio and television facilities, the administrative department of radio and television of the people¡¯s government above the county level or an authorized administrative entity of radio and television facilities shall order it/him to correct and give a waning, and may impose a fine of no more than 2,000 if the violator is an individual or a fine of no more than 20,000 yuan in the case of an entity: (1) Planting any tree or crop; (2) Piling up any metal article, flammable or explosive article or installing any metal component, or dumping any corrosive article; (3) Undertaking any drilling, anchoring or pulling anchor, quarrying sand or excavating earth; or (4) Tying any livestock, hanging up any article or winding any crop. Article 23. Where an entity or individual violates the present Regulation by unlawfully undertaking any of the following acts, the administrative department of radio and television of the people¡¯s government above the county level or an authorized administrative entity of radio and television facilities shall order it/him to correct and may impose a fine of no more than 2,000 yuan if the violator is an individual or a fine of no more than 10,000 yuan in the case of an entity: (1) Piling up any cumbersome article, planting any tree or leveling off the land within the scope of protection of radio and television transmission routes; (2) Carrying out any field burning beyond the scope of protecting antenna or feeder links; (3) Linking or hanging up, adjusting, installing or plugging any listening or watching device onto any radio and television transmission line; or (4) Attaching any power or telecommunications line within the field of antenna or onto any overhead transmission line. Article 24. Where any entity violates the present Regulation by unlawfully undertaking any construction project without the approval of the administrative department of city planning as well as the administrative department of radio and television, the administrative department of city planning shall give a punishment according to the provisions of the relevant laws and administrative regulations. Article 25. Where any functionary of the administrative department of radio and television, the administrative department of city planning or the organ of public security violates the present Regulation by abusing his power, neglecting his duty or practicing any favoritism and thus seriously injuring the radio and television facilities or having a severe impact on the functions thereof, if a crime has been constituted, he shall be subject to criminal liabilities according to law and, if no crime is constituted, he shall be given an administrative sanction according to law. Article 26. Where any radio and television facility cannot be restored to its original status after any damage is incurred, the party concerned shall make compensation according to law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 27. The present Regulation shall come into force as of the day of promulgation. The Regulation on Protection of Radio and Television Facilities promulgated by the State Council on April 24, 1987 shall be simultaneously abolished. |
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