【Ministry of Industry and Commerce】 "radio frequency use license management approach" from September 1 implementation

Recently, the Ministry of Industry and Information Technology announced the "Radio Frequency Use License Management Measures" (Industrial and Information Technology Decree No. 40, hereinafter referred to as "measures"), and in September 1, 2017 from the implementation. What are the main elements of the "approach"? This article will help you better understand and implement the "approach".

"Measures" a total of six chapters, thirty-six, the main provisions of the following:

(A) to determine the scope of application. "Measures" apply to the use of frequency management agencies responsible for the use of licensing matters.

(B) improve the application and approval procedures. The "Measures", in conjunction with the provisions of the Regulations, clarifies the conditions for the use of frequency and details the application materials for frequency licensing, including the frequency application, the applicant's basic situation, the technical feasibility study report and the commitment to use the law And so on. At the same time, it clarifies the admissibility procedure, the examination procedure, the examination request, the issuance issue and the license term of the license application, and stipulates the procedures such as expert review and domestic and international coordination.

(C) clear the contents of the license. Where the "Measures" stipulates that the radio regulatory authority makes a decision to grant permission, a radio frequency use license shall be issued. The license consists of the contents of the text, special provisions, the use of the license, the rights and obligations of the frequency user. The license text should specify the frequency user, the frequency used, the use of geographical, business use, use period, the use of requirements and other matters. For special cases such as temporary use, test frequency, etc., a radio frequency approval document may be issued, which is equivalent to a license.

(D) regulate the use of radio frequency behavior. "Measures" to clarify the frequency of use should comply with the relevant provisions of the national radio management and radio frequency use permit requirements. In accordance with the relevant provisions of the Regulations, the Measures stipulate that the frequency user shall not transfer the right to use the frequency freely. If the right to use is transferred, the assignee shall comply with the statutory conditions and submit the transfer agreement and report to the radio regulatory authority for approval. If the frequencies used in accordance with the law are disturbed, they may complain to the radio regulatory authorities and the radio regulatory agencies shall handle them in a timely manner.

(5) perfect the supervision and management measures. In accordance with the requirements of the State Council to promote the reform of the "Discharge Service", the "Measures" emphasized the post-administration of the use of frequency, requiring the radio regulatory agencies to supervise and inspect the frequency use behavior, establish the annual report on frequency usage, report the handling of illegal acts System, and in accordance with the "Administrative Licensing Law" and "Radio Regulations," the relevant provisions of the revisions, cancellation of the frequency of the use of the permit situation.

(6) clear the legal responsibility. In order to ensure that the "system" is implemented, the "Measures" on the basis of the "Regulations", unauthorized use or unauthorized transfer of the frequency, violation of the requirements of the frequency of permits, falsification of fraudulent use of licenses and radio management personnel abuse of power And other acts, the provisions of the corresponding legal responsibility.