DALIAN CHINA  DALIAN CHINA
General Office of Dalian Municipal People's Government on Issuing the Rules for the Administration of Mobile Communication Base Stations in Dalian
2018-10-24

People's governments of all districts, cities and counties, administrative committees of all leading districts, commissions and offices of municipal governments, and directly affiliated organizations of all relevant units:

 

Management Rules of Mobile Communication Base stations in Dalian have been deliberated and approved by the 22nd executive meeting of the 16th People's Government of Dalian, which are now printed and distributed to you. Please carry them out carefully.

General Office of Dalian Municipal People's Government

October 24th, 2018

 

Detailed Management Rules of Mobile Communication Base Stations in Dalian

Chapter I  General Provisions

Article 1  With a view to strengthening the management of information and communication infrastructure construction, promoting the development of information and communication, protecting the legitimate rights and interests of all parties, as well as advancing the construction of Intelligent Dalian, these rules are formulated in accordance with the spirits of Regulations of the People's Republic of China on Radio Administration (Revised), Regulations of the people's Republic of China on Telecommunications, General Office of Liaoning Provincial People's Government on Supporting the Construction of 5G Mobile Communication Network Infrastructure (General Office of Liaoning Provincial People's Government [2018] No.15), Guidance of the General Office of Dalian Municipal People's Government on Promoting Key Work of the Construction of Information and Communication Infrastructure ( General Office of Dalian Municipal People's Government [2018] No.34), together with Dalian’s practical conditions.

Article 2 The term "information and communication infrastructure base station" (hereinafter referred to as "base station") mentioned in these rules refers to the radio station set up by the operating enterprise within a certain area, which provides wireless access to user terminals and realizes communication between core network and user terminal of terrestrial public mobile communication network, including independent acer station, attached acer station and indoor distribution system.

The public mobile communication operation enterprises mentioned in these rules refer to Dalian Unicom, Dalian Mobile, Dalian Telecom and Dalian Iron Tower(hereinafter referred to as operation enterprises).

The supporting conditions of the base station mentioned in these rules refers to the setting conditions of the base station such as sky surface, machine room, pipeline and so on, which exist in the building (construction).

Article 3 These rules shall apply to the planning, site selection, establishment, use, supervision and administration of base stations within the administrative region of this municipality (except military base stations).

Article 4 The base station should be set up in line with the requirements of urban planning and construction, meet the needs of mobile communication development, and adhere to the principles of location layout optimization, environmental protection and site resources sharing.

Article 5 As an important infrastructure for the security of the state and people's lives and property, the base station shall be protected by the law of the state. Any organization or individual is prohibited from damaging or interfering with the operation of base stations.

Article 6 The Municipal Radio Administration shall be the competent radio department within the administrative region, responsible for the supervision, filing and administration of the base stations.

Municipal Radio Administration, Dalian Communications Administration, Municipal Bureau of Land and Housing, Municipal Environmental Protection Bureau, Municipal Construction Committee, City Planning Bureau, City Urban Construction Bureau, Dalian Power Supply Company of Chinese Net, municipal and county governments of all districts (leading District Management Committee) and other relevant departments shall assist in the city’s construction of information and communication infrastructure in accordance with their respective duties.

All governments, departments in charge of communications, competent departments of environmental protection, units of property rights in communications facilities, news media and social organizations, etc., shall popularize knowledge of the construction and protection of information and communications infrastructure, electromagnetic radiation and other aspects through various forms to the public for objective and real publicity.

Article 7 Operating enterprises shall set up base stations in a prompt, reasonable and legal manner according to the progress of mobile communication technology and urban development, so as to ensure the consumption demand of mobile communication in the city.

 

Chapter II Base Station Planning

Article 8 Governments at all levels shall incorporate plans for the construction of information and communications infrastructure into their overall plans for national economic and social development, urban and rural planning and land use.

Article 9 Dalian Communications Administration, together with relevant functional competent departments, shall make detailed planning and deployment of mobile communication infrastructure such as base stations, iron towers and computer rooms in our city, as well as organizing the revision work of Special Planning for Information and Communications Infrastructure in Dalian. The special planning of base station site can be revised annually according to the requirements of urban construction and development of communication technology, and issued and implemented after being approved by the prescribed procedure.

Article 10 Departments in charge of urban and rural planning, when drawing up the controlled detailed plans, shall give due consideration to the requirements of the location, spatial demand and layout of facilities determined by the special planning for the information and communications infrastructure in the region, clarify the location and scale of the land, as well as the requirements for communication pipeline, base station, iron tower, machine room and power supply. The control requirements of communication pipeline shall be put forward and the construction of information and communication infrastructure shall be incorporated into urban yellow line management. In accordance with The Pilot Scheme for the Reform of Examination and Approval System of Engineering Construction Project in Dalian, relative requirements and facilities construction standards about the work of mobile base station infrastructure construction in preliminary formation stage shall be proposed and informed at a time by the competent department in charge of mobile base station. After being examined and approved by Dalian Construction Land Collection and Storage Planning and Trading Committee and its joint meeting, the project establishment or construction conditions shall be planned as a whole(the project feasibility study report or land bidding notice, land transfer contract document, etc.).

Article 11 When the competent departments of related functions and construction drawing inspection agencies examine the preliminary design or construction drawing documents for new residential district, commercial district, underground integrated pipe gallery (ditch), etc., they shall consider the planning, design and reserved installation conditions of information and communication infrastructure construction as an important part of the review. Ensure that the construction projects fully reserve facilities for telecommunication lines, wiring facilities, base stations and indoor distribution systems, equipment rooms, power sources, pipelines, antenna locations and sky space, etc., together with communication facilities within the red line of land use for construction projects such as communication pipelines, telecommunication rooms, equipment rooms and construction distribution network, which are designed, constructed and accepted synchronously with water, electricity, air and heating with the base station supporting facilities electricity demand taking into account.

Article 12 The following construction projects shall be planned, designed, built, rebuilt or expanded according to the Special Planning for Information and Communication Infrastructure of Dalian to reserve the construction space and power capacity of communication facilities, notify the competent departments of the communication industry and relevant units such as the operating enterprises in advance, and construct communication facilities:

(1) Urban roads and public facilities such as green belts, highways, urban rail transit, railways, street lamps, and video surveillance;

(2) Airports, various kinds of stations, ports, docks, ferries, inland waterway and shoreline, navigable buildings, bridges and tunnels;

(3) Offices, commercial buildings, cultural and sports venues, parks and public squares of public institutions;

(4) Tourist resort;

(5) Schools, hospitals, residential communities, residential buildings and commercial buildings;

(6) Emergency shelters;

(7) Other supporting construction projects.

Relevant units shall be in the process of construction according to The National Code for the Engineering Design of Fiber-to-Household Communication facilities in Residential Areas and Residential Buildings and national communications infrastructure design standards and regulations construction. Seven items such as communication pipelines, distribution facilities, elecommunications rooms for base stations and indoor distribution systems, equipment rooms, computer room, power supply, pipelines and sky space facilities, as well as communication pipelines, bridges and other cable corridors within the scope of the construction project site in buildings or structures will be listed in this Article and the design document of the construction project, which shall be  constructed and accepted synchronously with the main project. The drawing examination organization shall examine the drawings in accordance with the relevant standards.

Article 13 The relevant functional competent department shall notify the competent departments of the communications industry (the competent departments of the communications industry shall notify the operating enterprises and the operational units of the communications infrastructure construction) to participate in the examination of the preliminary design documents of the construction projects under rules of Article 12. The operating enterprise shall cooperate with the construction unit, design unit, construction unit or supervision unit to complete the design, construction, supervision and other construction work of the supporting conditions of the attached Acer station. When examining and approving the construction projects listed in Article 12, the relevant functional competent departments shall review the reservation of communication facilities and related facilities. If no provisions are made in accordance with these rules, rectification shall be made in accordance with relevant documents of the state and provincial governments to ensure the effective implementation of supporting facilities for information and communications

Article 14 The methods of obtaining land for information and communications infrastructure construction shall include:

(1) land used by governments at all levels for public facilities;

(2) land supplied by way of construction. When governments at all levels supply land for other relevant construction projects, the planning and design conditions including the requirements of construction shall be incorporated into the land transfer documents.

(3) land obtained an easement for construction in accordance with law;

(4) market purchases;

(5) leasing;

(6) other ways.

Article 15 The communication network indoor distribution system shall be set up in such areas as signal blind area or weak areas within the building (construction), large places with high mobile communication traffic or large mobile network traffic, and places where communication network frequently switches. The operating enterprise shall negotiate with the owner or manager of the premises and obtain the consent of the other party or sign relevant agreements. Local property owners or managers are encouraged to provide necessary conditions for basic telecommunication operators to build network indoor distribution systems. The design and construction of indoor distribution system shall conform to relevant national standards and meet the requirements of multiple systems sharing, so as to realize the integration of multiple networks and avoid mutual interference.

Article 16 The following factors shall be taken into consideration in planning the site of a base station:

(1) network coverage requirements;

(2) characteristics of radio wave propagation;

(3) equipment performance status;

(4) needs of network optimization;

(5) provisions of laws, regulations, rules and relevant technical standards.

Article 17 Public resources shall be fully opened up. The government shall take the lead in opening up government buildings to create demonstration effect. Governments, enterprises and institutions at all levels shall be encouraged to make the running in opening public buildings, supporting the construction of information and communication infrastructure, and inspiring more units to accept mobile communication base stations. Except as otherwise stipulated by laws and regulations, the public venues and tourist attractions of cities, counties (cities, districts), townships (towns, streets), villages (neighborhood committees), government agencies and institutions, museums, libraries, gymnasiums, etc., shall be open free of charge, together with tourist attractions, transportation hubs, parks and other public places, as well as various grades of roads, municipal roads, railways, subways, streetlights, bus stations, etc. Units of public buildings and facilities shall open up the resources of their buildings, such as sky front, public ground, telecommunication room, equipment room and supporting facilities, and provide convenient conditions for the construction of information and communication infrastructure, such as power, machine room, pipelines, line pipes, site construction permit and access permit.

Article 18 Promote the sharing of social site resources and base station site resources as a whole. Based on the construction concept of safety, sharing, harmony, energy saving and leading, following the idea of "All heights are available", the construction of information and communication infrastructure co-construction and sharing mechanism is launched, and two-way sharing of social station site resources (social tower) and base station site resources (communication tower) is promoted. Actively develop social towers such as public security, transportation, monitoring, lighting and power facilities to provide services for 5G deployment by operating enterprises. In the construction of street lights, monitoring, traffic signs, communications and other tower facilities, the priority of the adoption of "multi-pole integration" urban intelligent tower shall be encouraged to use. Deeply excavate the value of communication tower resources and expand the application of video monitoring, data collection and Internet of things infrastructure services and information services. Actively work in the construction of public security communications, traffic monitoring, security monitoring, environmental protection monitoring, hydrology monitoring, forest fire prevention, river regulation, earthquake monitoring and automobile charging piles.  Make full use of the "twin towers" resources (social and communication towers) to perfect 4G networks and promote 5G deployment.

Article 19 Simplify the approval process. Optimize the policy environment for the construction and operation of information and communication infrastructure, simplify or optimize the administrative approval and filing process, and strengthen the unified planning of site resources such as base station tower. Coordinate departments of land, urban construction and environmental protection to properly deal with problems left over from history in line with the principle of "respecting history and facing reality". Land procedures should be simplified according to the actual situation, without preliminary procedure for construction land any more. Environmental protection departments at all levels shall simplify the environmental assessment examination and approval procedures of mobile communication base stations. If the equivalent radiation power is less than 100W for the newly built mobile communication base station, the electromagnetic radiation exemption shall be implemented. If it is not included in the scope of exemption, in accordance with the requirements of the Memorandum of work on Environmental Protection of the Communication Base Station, the operating enterprise shall monitor the electromagnetic radiation environment of the sensitive target around the mobile communication base station. When the monitoring results meet the requirements of national standard limit, the environmental monitoring information of electromagnetic radiation would be disclosed on the website according to the site. Then it is needed to log in the "Filing System of Construction Project Environmental Impact Registration Form" for online filing. According to the content of Dalian Information and Communication Infrastructure Special Planning, urban construction departments at all levels shall complete the construction permit examination and approval procedure, such as approval of facilities attached to the construction of urban roads and public venues, within 5 working days. The examination and approval of the occupation of green space in the construction of information and communication infrastructure shall be dealt with to the urban construction department of the district, city and county (pilot area) under the conditions of green line planning and occupation. The urban construction shall make effective connection with the information and communication infrastructure planning when compiling the special municipal infrastructure planning.

 

Chapter Ⅲ Establishment of Base Station

Article 20   Operating enterprises should select the base station address according to the relevant planning of base station site, combined with the development demand of mobile communication network construction and regional architectural characteristics. In accordance with Dalian Information and Communication Infrastructure Special Plan,Municipal Radio Administration Bureau will support the operating enterprises in the site selection and construction of base station. Dalian Communications Administration Bureau will coordinate with the administrative departments of planning, land and urban management, transportation and environmental protection to solve the problems existing in the site selection of base stations of operating enterprises in time, and implement the requirements for the special planning of base station site.

  Article 21   In terms of location and setting, the new outdoor base station of the operating enterprise shall meet the following conditions:

(1) Give priority to office buildings of government, enterprise and public institution in the office area;

(2) Prefer to establish the base station on the non-residential buildings in residential districts;

(3) Avoiding destroying historic protective buildings with construction project of miniaturization and concealment when selecting the site

(4) The direction and layout of Antenna Feeder should coordinate with the buildings and surrounding environment.

The built outdoor base stations that fail to meet the above conditions should be transformed step by step to meet the demand of landscaping.

Article 22   Operating enterprises shall sign the Site Use Agreement of base station by law with the owner of property in which the base station is located or the management unit (specific maters will be handled according to the agreement).

(1) If the base station is established on government property, the operating enterprise shall submit a base station construction plan to the government property management unit, that shall conform to the relevant planning of base station site and the relevant technical specifications of base station construction. The management unit of government property shall sign the Site Use Agreement of base station within 15 working days from the day of receiving the construction plan.

(2) When a base station is located on a residential building or other public area, the operating enterprise shall submit the base station construction plan to the realty property unit and the owners' committee. Some realty management areas don’t possess conditions of founding owners’ congress or still can’t found one with the guidance of sub-district office and township government though provided with conditions. These areas can have village or neighborhood committee undertake the responsibilities on behalf of owners’ committee temporarily. The construction plan shall conform to relevant plan and technical specifications of base station site. Specific matters will be conferred by both sides.

Article 23   If the application of establishing independent acer station involves occupying the urban green space or cutting down urban trees, it should go through the procedures about occupying urban green space, transferring and cutting down urban trees at the urban management administrative by law. In this case, relevant units will coordinate to complete the approval procedures within the conditioned working days.

Article 24   Operating enterprises shall construct the base station according to Dalian Information and Communication Infrastructure Special Plan and undertake all the construction expenses. After the construction, operating enterprise shall carry out related acceptance work for the base station to make sure that base station is up to relevant technical specifications and standard.

Article 25 As for applying the establishment and use of base station, operating enterprise shall submit Application Form for Establishing and Using Public Mobile Communication Base Station to the radio authorities and carry out the work according to Inform on Matters about the Establishment and Use Management of Public Mobile Communication Base Station by the Ministry of Industry and Information Technology.

Article 26  According to the urban development demand, any additional base station beyond the Dalian Information and Communication Infrastructure Special Plan should conform with the conditions of article 16 and go through relevant procedure in accordance with article 23, article 24 and article 25. 

Article 27  In some emergencies that endangers national security, public safety, life and property of people or to guarantee the special demand of major social activities, some temporary mobile communication base station can be set up and used without permission, and shut in time after the emergencies eliminate or the social activities go to an end. 

 

Chapter Ⅳ Management of Base Station

Article 28   Operating enterprise shall strengthen the daily management and maintenance of base stations, test the technical parameters of base stations regularly to ensure that their performance index meet the national standards and relevant regulations of radio management, and guarantee the safety and normal operation of base stations. If part of the iron tower site has not been authorized for historical reasons, the operating enterprise shall make a thorough investigation of the stock base stations of the iron tower, propose the land list that needs to be confirmed, and provide the real estate registration department with materials such as the documents of legal ownership. In line with the principle of "respecting history and facing reality", the competent department of land and resources supports the confirmation of the relevant base stations of the operating enterprises, simplifies the working procedures according to the actual situation, and supports the construction of information and communication infrastructure in our city.

Article 29 Strengthen the protection of mobile communication infrastructure

(1) Departments of communications management and urban management should strengthen the protection of communications infrastructure. The existing mobile communication base stations in Dalian should be protected to avoid being forced to relocate and the safe operation of the existing mobile communication base stations should be guaranteed. The leading group office of communication transmission and broadcasting facilities in Dalian has included the protection of communication base station into the goal of comprehensive governance of public security and the assessment of grassroots security establishment campaign. The public security organs have cracked down on the theft, damage and obstruction of communication infrastructure construction and other illegal actions to ensure the safety and stable operation of base station. If mobile communication base stations and supporting communication facilities are changed or moved due to land expropriation and demolition, urban and rural construction, road reconstruction and urban village cleaning and reconstruction, prior consent of the owner of the facilities shall be obtained, and migration shall be carried out in accordance with the principle of "construction before demolition". In accordance with the About the Publication of the Catalogue of Public Buildings and Facilities available for free to support Information and Communication Infrastructure Construction published annually by the government, all relevant units shall determine the construction of base stations, notify relevant departments and units whose implementation is not in place and whose measures are not effective, and shall include it in the assessment of regional goals by the municipal government in that year. If a new site cannot be established temporarily due to major livelihood projects, the relocating unit shall provide the temporary site, bear the relocation and construction costs, and undertake to re-plan the new site in accordance with the special planning of communication facilities construction and the requirements of urban and rural planning, and the operating enterprise shall offer cooperation. The cost required and loss shall be borne by the unit proposing to alter, dismantle or relocate.

(2) Properly handle letters and visits from the public of the electromagnetic radiation environment to ensure the normal operation of the base station. As for the communication base station placing aerial on the site of Dalian Iron Tower Company, in principle, Dalian Iron Tower Company shall organize the unified handling of public environment complaint, etc., and the operators shall cooperate actively. The operators of other communication base stations are respectively responsible for handling the public environment complaints, etc.

(3) Units or individuals engaged in such activities as construction, production and planting of trees shall not damage the facilities of base stations or interfere with the normal use of mobile communication networks. If the safety of the base station facilities may be affected under specific circumstances, the operating enterprise of the base station shall be notified in advance and necessary safety precautions shall be taken.

(4) Dalian Communication Administration is responsible for formulating the publicity program of information and communication infrastructure construction and reporting to the Municipal Party Committee Propaganda Department for implementation. Strengthen publicity and implement the Regulations of the People's Republic of China on Telecommunications and the Regulations of Liaoning Province on Telecommunications Management, especially about electromagnetic radiation. Therefore, the public can have a clear understanding of the function and radiation degree of mobile communication base station, and coordinate with the construction and maintain of information communication infrastructure better.

(5) Radio Administration, with Public Security Department, Dalian Communication Bureau and Telecommunications Department etc., will launch a special campaign against "pseudo-base stations and illegal broadcasts" to deter criminals who use "pseudo-base stations and illegal broadcasts" and maintain order of air waves.

Article 30 If the base station is damaged to interrupt the public mobile communication network, the operating enterprise should repair and restore the communication network in time. The meteorological and electric power departments shall establish an emergency support and rescue mechanism with operating enterprises so that they can timely carry out the communication guarantee work of information and communication infrastructure such as mobile communication network, when natural disasters such as force majeure caused the outage of massive mobile communication base station and other information communication infrastructure. The earthquake department shall establish information sharing working mechanism with the operating enterprises to provide the earthquake-related information to the possible extent.

 

Article 31 Base station should be set and used according to the permitting matters and conditions stipulated by the wireless radio license. Contact with relevant approval institution in time when involving related changes.

Article 32  If the construction project needs to remove the base station because of special reasons before the termination of use, operating enterprise should offer supports and coordination. The dismantler shall sign a dismantlement agreement with the operating enterprise and bear the cost of dismantlement. The specific matters shall be dealt with in accordance with the dismantlement agreement.

Article 33  Dalian Communication Bureau strengthens industry management, regularly following the work progress of information communication infrastructure construction and reporting the problems, to form thematic information and report to related functional departments and units. The bureau also organizes joint meetings in time to discuss and deal with the difficult problem, and with the municipal government office to supervise and inspect the departments and behaviors failing to conduct work according to the policy documents.

Article 34 The radio authorities shall, in accordance with the regulations on Regulations on Radio Management of the People's Republic of China (amendment), strengthen its daily supervision over the base station. Regulate the operation of enterprises in accordance with the radio station license approval matters; jointly maintain the air radio order.

 

Chapter Ⅴ Legal Liability

Article 35 The establishment of base station and the use units shall abide by the Regulations on Radio Management of the People's Republic of China (amendment) and relevant laws and regulations. Radio authorities will regularly carry out regular supervision, inspection and random inspection and other post-supervision work. Those who violate the relevant regulations will be punished by radio authorities according to the law.

Article 36  Those who use radio frequency without permission or set up and use radio station shall be instructed to correct themselves by radio authorities. Relevant legal liability shall be conducted according to Regulations on Radio Management of the People's Republic of China (amendment).

Article 37 Any of the following actions shall be punished by the public security organ in accordance with the Law on Public Security Penalties of the People's Republic of China. Those suspected of crimes shall be transferred to judicial organs for handling according to law.

(1) Destroy the facilities of base station

(2) Obstruct operating enterprises in setting up or maintaining base stations and interfere with the normal operation of radio;

(3) Produce, sell and use pseudo- base station illegally

If an operating enterprise fails to fill its environmental impact registration form for a construction project, the competent administrative department of environmental protection at or above the county level shall order it to register and punish it according to relevant provisions. Any other violation of environmental protection requirements shall be dealt with by the department exercising its power of environmental supervision and management in accordance with relevant provisions of environmental laws and regulations.

Article 38   

If the relevant functional organization and its staff fail to perform their duties in accordance with the provisions, the responsible leading personnel and other directly responsible personnel shall be dealt with in accordance with the relevant provisions.

Chapter 6 Supplementary Provisions

Article 40 These rules shall go into effect as of the date of promulgation.

If the base station built before the implementation of these rules does not meet the requirements of these rules, the operating enterprise shall carry out renovation within two years from the date of implementation of these rules to make it comply with these rules.