Supervision and Inspection Measures for Radio Transmission Equipment
Chapter 1 General Provisions
Article 1: In order to strengthen and standardize the supervision and inspection of radio transmission equipment, prevent and reduce harmful interference from the source, maintain air radio order, and ensure the normal operation of various radio services, this method is formulated in accordance with laws, regulations, and rules such as the Administrative Licensing Law of the People's Republic of China, the E-commerce Law of the People's Republic of China, the Radio Management Regulations of the People's Republic of China, and the Regulations on the Management of Radio Transmission Equipment.
Article 2: The State Radio Administration and the Radio Administration of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the Radio Administration) shall supervise and inspect the development, production, import, sales, and maintenance of radio transmission equipment, and these Measures shall apply.
Article 3: The national radio management agency is responsible for guiding the radio management agencies of provinces, autonomous regions, and municipalities directly under the central government to carry out supervision and inspection of radio transmission equipment, and to supervise and evaluate the supervision and inspection work carried out in various regions.
Radio management agencies of provinces, autonomous regions, and municipalities directly under the central government shall organize and carry out supervision and inspection of radio transmission equipment within their respective administrative regions in accordance with their responsibilities or requirements of national radio management agencies.
The National Radio Monitoring Center and the radio monitoring stations of provinces, autonomous regions, and municipalities directly under the central government, as radio management technical institutions, are responsible for providing technical support for the supervision and inspection of radio transmission equipment in accordance with their responsibilities.
Article 4: Radio management agencies may carry out supervision and inspection of radio transmission equipment in conjunction with relevant departments based on their responsibilities and work needs.
Article 5: The supervision and inspection of radio transmission equipment shall follow the principles of law and regulations, clear rights and responsibilities, classified implementation, and fairness and impartiality.
Article 6: The supervision and inspection of radio transmission equipment is divided into daily inspection and special inspection, and daily inspection is based on the basic method of "double random and one public". The inspection of the development, production, import, sales, and maintenance of radio transmission equipment included in the annual inspection plan is a routine inspection. According to the deployment and requirements of relevant work tasks, inspections carried out for specific objects, specific matters, or specific fields are classified as special inspections.
Chapter 2 Inspection Content and Requirements
Article 7: Radio management agencies shall inspect the development, production, and maintenance of radio transmission equipment, including the following contents:
(1) The radio frequency used in the development and sale of wireless transmission equipment in China complies with the national radio frequency division regulations and other relevant radio management regulations;
(2) The situation of obtaining model approval for wireless transmission equipment (excluding low-power short-range wireless transmission equipment) produced, sold and used domestically, labeling the model approval code, and meeting the technical indicators approved by the model approval certificate;
(3) The situation of enterprises that produce and use wireless transmission equipment for domestic sales and use having corresponding production capacity, technical strength, and quality assurance system;
(4) The production, sales, and use of low-power short-range radio transmission equipment in China comply with relevant national radio management regulations;
(5) The repaired wireless transmission equipment meets the technical specifications approved by the wireless transmission equipment model approval certificate;
(6) In the process of developing, producing, and maintaining high-power radio transmission equipment, measures should be taken to effectively suppress radio wave emissions and avoid harmful interference to wireless radio stations (stations) set up and used in accordance with the law.
The inspection content of the wireless management organization on the development, production, and maintenance of wireless transmission equipment can be found in Annex 1.
Article 8: The inspection of imported radio transmission equipment by the radio management agency shall include the following contents:
(1) The situation of obtaining model approval for imported wireless transmission equipment (excluding low-power short-range wireless transmission equipment) for domestic sales and use, labeling the model approval code, and declaring and completing customs clearance procedures at customs;
(2) For sports competitions, scientific experiments, and other activities that require temporary entry through customs, approval from the radio management agency must be obtained and clearance procedures must be completed with the approval documents.
The inspection content of imported radio transmission equipment by the radio management agency can be found in Annex 2.
Article 9: The radio management agency shall conduct inspections on the sales of radio transmission equipment in accordance with the radio transmission equipment sales inspection work system, including the following contents:
(1) The sale of equipment that complies with relevant regulations of national radio management, the sale of wireless transmission equipment that should have obtained model approval but has not, and the illegal and irregular sale of wireless transmission equipment such as "black broadcasting", "fake base stations", wireless shields, jammers, unmanned aerial vehicle wireless countermeasures, wireless exam cheating equipment, etc;
(2) The sale of forged or falsely used radio transmission equipment with model approval codes;
(3) The sale of wireless transmission equipment that requires model approval shall be registered with the radio management agencies of provinces, autonomous regions, and municipalities directly under the central government. The registration entity number or corresponding QR code shall be indicated on the physical business premises or online sales platforms in accordance with the regulations for marking the model approval code.
The inspection content of the wireless management agency on the sales of wireless transmission equipment can be found in Annex 3.
Article 10: The supervision and inspection of radio transmission equipment model approval and testing institutions shall be organized and carried out by the national radio management institution and the provincial-level radio management institution responsible for model approval and testing tasks. The main contents of the inspection are the testing institution's testing time limit, testing service quality, testing report standardization, testing data accuracy and other business capabilities, as well as the performance and execution of funds and the use of funds.
The inspection content of the radio management agency on the detection agency can be found in Annex 4.
Article 11: Radio management agencies shall conduct special inspections in a timely manner on matters related to radio transmission equipment, such as tasks assigned by higher-level authorities, reports from the public, interference complaints, radio monitoring findings, or case clues transferred by other departments. The contents of the special inspections are shown in Annex 5.
Chapter 3 Organization and Implementation of Inspection
Article 12: The radio management agency shall formulate an annual routine inspection plan for radio transmission equipment. The inspection plan should include the basis, items, scope, method, time, and other contents of the inspection.
Article 13: Radio management institutions shall conduct inspections by their staff in accordance with their duties. Radio management technical institutions shall select relevant technical personnel to assist according to work requirements. If technical testing is required, a third-party testing service institution may be commissioned to conduct testing on relevant technical parameters and issue testing reports in accordance with relevant regulations and procedures. Among them, the "double random, one open" inspection work organized by the national radio management agency is provided by the provincial-level radio management agency responsible for model approval testing through purchasing services.
Carry out inspections on production capacity, technical strength, and quality assurance system, and entrust professional organizations to carry out inspections by the national radio management agency in accordance with relevant regulations and procedures.
Article 14 Radio management agencies shall carry out inspection work through on-site verification, online inspection, or technical testing according to inspection tasks. In the development, production, maintenance, and import stages, on-site verification and technical testing shall be the main methods, and in the sales stage, a combination of on-site verification and online inspection shall be the main methods. The inspection of testing institutions shall be carried out in accordance with the relevant requirements of government procurement services.
Article 15: For on-site inspections, the number of law enforcement inspectors shall not be less than two, and administrative law enforcement certificates shall be presented. The inspection object should be informed of the inspection purpose, inspection content, inspection procedures, and work discipline requirements. The on-site verification content should include the inspection of relevant materials. At the end of the on-site inspection, the inspector shall truthfully fill out the on-site inspection record, which shall be signed or stamped by the inspected object for confirmation. If the inspected object refuses to sign or stamp, the inspector shall indicate the reason and sign, and if necessary, invite relevant personnel to sign and witness.
Source: Radio Management Bureau of the Ministry of Industry and Information Technology
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