中华人民共和国无线电管理条例 RADIO REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA

The departments concerned shall send the information of radio stations required by the International Telecommunication Union （ITU） to the state radio regulatory organ， which shall forward it to the ITU in a centralized manner.

　　Article 38 Any foreign organization or person shall not use electronic monitoring equipment o

f any kind to measure radio wave parameters on the Chinese territory without the approval of the state radio regulatory organ.

　　Chapter VIII Radio Monitoring， Supervision and Inspection

　　Article 39 The National Radio Monitoring Centre， the national radio monitoring stations， the radio monitoring stations of provinces， autonomous regions， municipalities directly under the Central Government and perceptual cities shall be responsible for the implementation of the monitoring of radio signals.

　　Article 40 The essential duties of the radio monitoring stations of different levels shall be：

　　a） to monitor the operation of radio stations to determine whether they are operating in accordance with the procedures stipulated and the authorized characteristics；

　　b） to identify sources of radio interference and unapproved radio stations in operation；

　　c） to measure the main technical specifications of radio equipment；

　　d） to monitor the radio wave radiation of non-radio equipment such as industrial， scientific and medical apparatus or installations； and

　　e） to perform any other duties stipulated by the state radio regulatory organ and the radio regulatory organ of the locality concerned.

　　Article 41 The radio monitoring stations of the appropriate ministries or commissions under the State Council shall effect radio monitoring， supervision and inspection within the sector concerned.

　　Article 42 The state radio regulatory organ and the radio regulatory organs of localities may appoint radio regulatory inspectors to supervise and inspect matters relating to radio regulation.

　　The appropriate ministries and commissions under the State Council may appoint radio regulatory inspectors to supervise and inspect matters relating to radio regulation in the sector concerned.

　　The institution or individual concerned shall provide assistance and cooperation in a positive way to the radio regulatory inspector（s） in the performance of his （her， their） duties within the terms of reference.

　　Chapter IX Penalty Provisions

　　Article 43 In the circumstances where any institution or individual

　　a） establishes and operates a radio station without approval；

　　b） develops， manufactures or imports radio transmission equipment in violation of these Regulations；

　　c） causes interference with radio services；

　　d） changes the authorized characteristics， or transmits and/or receives signals that are not related to its operation without permission； or

　　e） leases or transfers frequency（ies） in violation of the relevant provisions governing management of frequencies， the state radio regulatory organ or the radio regulatory organ of the locality concerned may impose on it or him （her） any of such penalties as warning， seizure and confiscation of the equipment in question and the illegal revenue obtained， taking the concrete conditions into consideration. In serious cases， an additional monetary penalty of more than 1，000 yuan and less than 5，000 yuan shall be inflicted or the license of the radio station in question revoked.

　　Article 44 Compensation must be paid for any heavy damage arising from violation of these Regulations to the state， collectives and individuals. In addition， the state radio regulatory organ or the radio regulatory organ of the locality concerned shall investigate and affix， or suggest the department concerned investigating and affixing， the administrative responsibility of the person（s） directly responsible for the damage and the related leading member of the department concerned.

　　Article 45 Any offender who does not accept the penalty imposed on him （her） by the state radio regulatory organ or the radio regulatory organ of the locality concerned may request a reconsideration or conduct an administrative suit.

　　Article 46 The organ concerned shall take administ

rative disciplinary measures against any radio regulatory official who abuses his rights and power or is remiss in his （her） duties. If such an official is guilty of a criminal offence， the judicial department shall make investigations to establish his （her） criminal liability.

　　Chapter X Supplementary Provisions

　　Article 47 The rules governing radio regulation for the Chinese People's Liberation Army （including the Militia） and those for the civil air defence sector shall be established separately.

　　Article 48 The special rules governing radio regulation for the public security organs， the Chinese People's Armed Police and the state security organs shall be respectively established by the Ministry of Public Security and the Ministry of State Security in consultation with the state radio regulatory organ， and in accordance with these Regulations.

　　Article 49 These Regulations shall enter into force on the date of promulgation

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