Regulations on Protection of Radio and Television Facilities

(Promulgated on November 5，2000 by the State Council of the People's Republic of China as Decree No.295 and effective as of the date of promulgation)

Chapter Ⅰ　General Provisions

Article 1　These Regulations are formulated for the purposes of safeguarding the safety of radio and television facilities and ensuring the smooth and quality transmission and reception of radio and television signals.

Article 2　These Regulations shall apply to the protection of the following facilities of radio and television stations and centers(including cabled radio and television stations and centers，the same hereinafter)and radio and television transmission networks，which are established according to law within the territory of the People's Republic of China:

(1)the transmitting facilities for radio and television signals，including antennas，feeders，towers(masts)，earthmats，satellite transmitting antennas and their accessories，etc.;

(2)the dedicated transmission facilities for radio and television signals，including dedicated air transmission lines such as coaxial or fiber cables(hereinafter referred to as the transmission lines)，towers(masts)and microwave links，microwave stations，earth receiving stations for satellite transmission，relaying equipment，and their accessories，etc.;and

(3)the monitoring facilities for radio and television signals，including monitoring receiving antennas，feeders，towers(masts)，field-intensity measuring rooms，and their accessories，etc.

The protection and management of the network facilities such as for public communication for transmission of radio and television signals shall comply with the provisions of relevant laws and administrative regulations.

Article 3　The people's governments at or above the county level shall incorporate the planning and protection of radio and television facilities into their respective overall plan of urban and rural construction and shall enhance the work of publicity and education on the protection of radio and television facilities.

The departments or offices for radio and television administration of the people's governments at or above the county level(hereinafter referred to as the administrative department of radio and television)shall be responsible for thework of protection of radio and television facilities within their respective areas of jurisdiction，and shall take measures to safeguard the safety of radio and television facilities.

Article 4　All units and individuals have the obligations of protection of radio and television facilities.

All units and individuals are prohibited from encroachments on，making scrambles for，illicit breaking up and taking away of，retaining for one's own use of，or imposing sabotage on radio and television facilities.

All units and individuals have the right to check the acts of endangering radio and television facilities and to report them to the relevant departments.

Chapter Ⅱ　Protective M easures

Article 5　Themanaging units of radio and television facilities shall be responsible for themaintenance and repair of radio and television facilities and guaranteeing their normal operation.

Themanaging units of radio and television facilities shall set up protectivemarks around radio and television facilities and make clear the protective requirements.

Article 6　The following activities that endanger the safety of the transmitting facilities for radio and television signals and impair their operation effectiveness shall be prohibited:

(1)to dismantle or damage antenna，feeder，earth mat，enclosing wall or net of the antenna site，and their accessories ormarks;

(2)to conduct the construction operation within the area surrounding themedium-wave antenna with the periphery of the area being separated from the antenna by 250 meters，or to construct the high building with its elevation angle of top at the calculation point250 meters far from the antenna being greater than three degrees;

(3)to plant forest trees，to stockpilemetallic articles，to erect the overhead power line，or to conduct the construction operation within the area in front of the short-wave antenna with the separation of the outer edge of the area from the antenna being 500 meters，or to construct the high building with its elevation angle of top at the calculation point500 meters far from the antenna being greater than three degrees;

(4)to conduct the construction operation within the area in front of the directional antenna whose power is greater than 300kw with the separation of the outer edge of the area from the antenna being 1，000meters，or to construct the high buildingwith its elevation angle of top at the calculation point 1，000 meters far from the antenna being greater than three degrees;

(5)to conduct the construction operation within threemeters of both sides of the feeder，or to plant trees or high-stalk crops within fivemeters of both sides of the feeder;and

(6)to dredge sand，to excavate soil，to drill，to pile，or to dump corrosive articles within the area surrounding the antenna or tower(mast)with the periphery of the area being separated from the antenna or tower(mast)by five meters or within the area in which the safety of the guy anchor is possibly endangered.

Article 7　The following activities that endanger the safety of the dedicated transmission facilities for radio and television signals and impair their operation effectiveness shall be prohibited:

(1)to conduct such an operation as construction of themain conduit for combustible or explosible liquid(gas)，anchoring，sailing with towed anchor or sand-dredging within the area whose outer edge is separated from the underground transmission line with marks by five meters on both sides of the line or within the area whose outer edge is separated from the underwater transmission line with marks by 50 meters on both sides of the line;

(2)to move or damage the transmission line，terminal pole，tower(mast)，or their accessories ormarks;

(3)to grow plants whose rhizomes are possibly twine round the transmission line or to dump corrosive articleswithin the area whose outer edge is separated from the underground transmission line with marks by onemeter on both sides of the line;

(4)to plant the tree with the separation of its top being less than twometers from the overhead transmission line;

(5)to dredge sand or to excavate soil within the area surrounding the tower(mast)or guy anchor of the transmission line with the periphery of the area being separated from the tower(mast)or guy anchor by one meter，or to dump corrosive articles or to stockpile combustible or explosible articleswithin the area surrounding the tower(mast)or guy anchor of the transmission line with the periphery of the area being separated from the tower(mast)or guy anchor by fivemeters;and

(6)to tie domestic animals to，to hang articles over，or to allow crops to climb up the tower(mast)or guy anchor of the transmission line.

Article 8　The following activities thatendanger the safety of themonitoring facilities for radio and television signals and impair their operation effectiveness shall be prohibited:

(1)to move or damage the receiving antenna，tower(mast)，or their accessories or marks;

(2)to erect the overhead power line which violates the national standards，or to build electrified railway，highway or any other facilities or metallic components generating electromagnetic radiation around themonitoring station or center;

(3)to plant trees or high-stalk crops，or to conduct the excavation or operation that influences land flatnesswithin the area surrounding the field-intensitymeasuring room of the monitoring station or center with the periphery of the area being separated from the room by 150 meters;and

(4)to conduct the construction operation within the area surrounding the monitoring antenna with the periphery of the area being separated from the antenna by 1，000 meters，or to construct the building or structure with its elevation angle of top at the calculation point1，000 meters far from the antenna being greater than three degrees or to stockpile articles to an excess height.

Article 9　The following activities that endanger the safety of radio and television facilities and impair their operation effectiveness shall be prohibited:

(1)to conduct the blasting operation within the area surrounding the radio and television facilitieswith the periphery of the area being separated from the facilities by 500 meters;

(2)to burn grass on the land within the area surrounding the antenna，feeder，transmission line or their tower(mast)or guy with the periphery of the area being separated from any of them by 500 meters;

(3)to conduct the construction operation within the area in front of the satellite antenna with the separation of the outer edge of the area from the antenna being 50meters，or to construct the building or structure with its elevation angle of top at the calculation point 50 meters far in front of the antenna being greater than five degrees，or to stockpile articles to an excess height;

(4)to construct the facilities thatwill cause serious dust pollution or grave spillover of corrosive chemical gas or generate radioactive substances within the area surrounding the transmitting ormonitoring station or centerwith the periphery of the area being separated from the station or center by 1，500 meters;and

(5)to construct the combustible or explosible facilities such as oil depot，petrol station，liquefied gas station or coal gas station within the area surrounding the transmitting or monitoring station or center with the periphery of the area being separated from the station or center by 500 meters.

Article 10　The newly-construction or expansion of radio and television facilities shall comply with the overall plan of urban and rural construction，their sites shall be selected according to the relevant provisions of the State，and shall be kept away from various interference sources.

Article 11　The construction of the transmitting facilities for radio and television signals shall conform to the national standards on prevention against electromagnetic radiation and on health; the construction of such facilities as offices，factories，schools，shops and civilian residences within the radiation zones of the existing transmitting facilities shall conform to the relevant provisions of these Regulations，and shall also conform to the national standards on prevention against electromagnetic radiation and on health.

Article 12　The stockpiling of heavy articles，planting of trees or leveling of land within twometers of both sides of the underground transmission line with marks for radio and television shall be in possession of the prior consent of the managing unit of radio and television facilities，and can be started only after the effective preventivemeasures are taken.

Article 13　The activities outside 500 meters around the antenna or feeder such as the grass burning on the land that possibly endanger the safety of radio and television facilities shall be notified in advance to the managing unit of radio and television facilities，and can be started only after the effective preventivemeasures are taken.

Article 14　The planting of trees or crops around the antenna or feeder may not affect the passage of patrol or repair vehicles;if the passage of patrol or repair vehicles causes a loss to trees or crops，the managing unit of radio and television facilities concerned shall make compensation in accordance with the relevant provisions of the State.

Themanaging unit of radio and television facilities shall have the right to cut off the outstretched parts of the trees whose height has overstepped the required separation for protection of the overhead transmission line.

Article 15　The attachment of the audio or video receiving apparatus onto the radio and television transmission line，the adjustment or installment of the optical distributor，branch amplifier or any other apparatus for cabled radio and television，or the insertion of branch distributor or any other circuit into the cable broadcasting television equipment shall be in possession of the consent of themanaging unit of radio and television facilities，and shall be operated by the specialized persons.

Article 16　The erection of the power or communication line within the antenna site or the attachment of the power or communication line onto the overhead transmission line shall be in possession of the prior consent of the managing unit of radio and television facilities，and shall be conducted under the guidance of the specialized persons.

Article 17　The relevant departments or units shall guarantee the dedicated powersupply，water-supply or communication for the managing units of radio and television facilities.

The managing units of radio and television facilities shall，in accordance with the requirements of the relevant administrative departments of radio and television，provide reserve power and water supplies for the important radio and television facilities.

Article 18　The construction operation shall be kept away from radio and television facilities as far as possible;if amajor construction project cannot be kept away，thus causing the necessary moving of radio and television facilities，the competent administrative department of urban planning shall，prior to the examination and approval，obtain the consent of the administrative department of radio and television concerned.

Themoving and reconstruction shall comply with the principle of construction first and removal later.The expenses for themoving and reconstruction shall be born by the unit that causes the moving and reconstruction of the radio and television facilities.The technical parameters for the reconstruction shall be reported for approval according to the relevant provisions of the State.

Article 19　If a project is necessary to be constructed within the limits of the existing dedicated air transmission path for radio and television signals，the competent administrative department of urban planning shall，prior to the examination and approval，obtain the consent of the administrative department of radio and television concerned.

If it is necessary to set up the repeating station for air radio and television signals due to the blockage of the dedicated air transmission line by the construction project，the building unit shall bear the expenses therefor and shallmake appropriate financial compensation.

Chapter Ⅲ　Penalty Provisions

Article 20　If，in violation of the provisions of these Regulations，a construction operation is conducted，a facility is constructed，or an activity such as blasting or grassburning on the land is conducted within the protective area of radio and television facilities，the administrative department of radio and television of the people's government at or above the county level or its authorizedmanaging unitof radio and television facilities shall order the violator tomake corrections and to dismantle the illegal building or facility within a specified period of time，and shall impose a fine ofmore than RMB1，000 but less than RMB10，000 on the individual or a fine ofmore than RMB2，000 but less than RMB100，000 on the unit; shall give administrative sanctions to the principal person who is directly responsible and other personswho are directly responsible according to law; if the provisions on the security administration are violated，the public security organ shall give the security administration punishment to the violator according to law; if a crime is constituted，criminal responsibility shall be investigated for according to law.

Article 21　If，in violation of the provisions of these Regulations，the radio and television facilities are damaged，the administrative department of radio and television of the people's government at or above the county level or its authorized managing unit of radio and television facilities shall order the violator to make corrections，shall impose a fine ofmore than RMB1，000 but less than RMB10，000 on the individual and a fine of more than RMB20，000 but less than RMB100，000 on the unit;shall give administrative sanctions to the principal person who is directly responsible and other persons who are directly responsible according to law;if the provisions on security administration are violated，the public security organ shall give the security administration punishment to the violator according to law; if a crime is constituted，criminal responsibility shall be investigated for according to law.

Article 22　If，in violation of the provisions of these Regulations，any of the following activities is conducted within the protective area of radio and television facilities，the administrative department of radio and television of the people's government at or above the county level or its authorized managing unit of radio and television facilities shall order the violator tomake corrections，shall give a warning thereto，and may impose a fine of less than RMB2，000 on the individual and a fine of less than RMB20，000 on the unit:

(1)planting trees or crops;

(2)stockpiling metallic articles or combustible or explosible articles，erecting metallic components，or dumping corrosive articles;

(3)drilling，piling，anchoring，sailing with towed anchor，dredging sand or excavating soil;or

(4)tying domestic animal，hanging articles，ormaking climbingup of crops.

Article 23　If，in violation of the provisions of these Regulations and without consent，any of the following activities is conducted，the administrative department of radio and television of the people's government at or above the county level or its authorized managing unit of radio and television facilities shall order the violator to make corrections，and may impose a fine of less than RMB2，000 on the individual and a fine of less than RMB10，000 on the unit:

(1)stockpiling heavy articles，planting trees or leveling land within the protective area of the radio and television transmission line;

(2)burning grass on land or conducting any other activity outside of the protective area of the antenna or the feeder;

(3)attaching，adjusting，installing or inserting the audio or video receiving apparatus onto the radio and television transmission line;or

(4)erecting the power or communication line within the antenna site or onto the overhead transmission line.

Article 24　If，in violation of the provisions of these Regulations and without approval of the competent department of urban planning and without consent of the administrative department of radio and television，a project is constructed，the competent department of urban planning shall give penalties to the violator according to the provisions of relevant laws and regulations.

Article 25　If amember of the administrative department of radio and television，the competent department of urban planning or the public security organ，in violation of the provisions of these Regulations，abuses his power，neglects his duty or commits illegalities for personal gains or by fraudulent means，thus causing a serious damage to the radio and television facilities or a grave adverse effects on their operation effectiveness and constituting a crime，his criminal responsibility shall be investigated according to law; if no crime is constituted，administrative sanctions shall be given thereto according to law.

Article 26　The party concerned who has damaged the radio and television facilities，thus causing impossibility to restore the facilities to their original condition，shall bear the liability for compensation.

Chapter Ⅳ　Supplementary Provisions

Article 27　These Regulations shall come into force as of the day of promulgation.The Regulations on Protection of Radio and Television Facilities promulgated by the State Council on April 24，1987 shall be repealed at the same time.