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深圳市公众无线电传呼频率有偿使用暂行规定Provisional Regulations on Compensated Use of Wireless Calling Frequency of Shenzhen Special Economic Zone

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颁布日期:19931021  实施日期:19931021  颁布单位:深圳市人民政府

  Provisional Regulations on Compensated Use of Wireless Calling Frequency of Shenzhen Special Economic Zone

  Promulgated by Shenzhen people‘s government on April 7, 1992; Revised and promulgated by Decree No. 16 of Shenzhen people’s government on October 21, 1993

  Article 1 In order to keep up with the development of Shenzhen Special Economic Zone (hereinafter referred to as the special zone), accelerate the development of wireless calling business, strengthen the administration transparency on wireless frequency of government department, improve competition system and make use of frequency resource effectively and reasonably, these provisional regulations are formulated.

  Article 2 Any unit, who uses wireless frequency and provides profitable service of public wireless calling in the special zone, shall pay for the compensated use of frequency according to these regulations.

  Article 3 The business of public wireless calling enterprise shall be administered by Shenzhen wireless administrative department uniformly. Shenzhen wireless administrative department is in charge of examination and approval of newly established enterprise of public wireless calling, and supervision of enterprise‘s operation and service quality. Shenzhen wireless administrative department may order the enterprise, which is ill managed or providing bad service, to reorganize and correct in limited time, and may revoke its operation qualification jointly with Shenzhen administrative department for industry and commerce if the circumstance is serious.

  Article 4 Each group of the compensated using charge of public wireless calling frequency is composed of two parts: one is the price of winning bid (the starting price is 240,000 yuan); the other is the administration fee of public calling phone (hereinafter referred to as bleeper) collected monthly from unit running calling business. The charge collected shall be counted according the number of users in the month, and shall be 5 yuan per bleeper.

  The bidding part of compensated using charge of public wireless calling frequency shall all be turned over to Shenzhen government finance, and be used in relevant business of corollary equipment construction for public wireless calling, and administration and development of wireless business. The administration fee of bleeper shall be contained in financial management, put into special account and used in the administration and development of wireless communication business. Shenzhen wireless administrative department shall make annual report in the first quarter of a year to Shenzhen financial department about the situation of collection, use and balance of bleeper administration fee of the last year, and turn over the excessive money of final account at the end of the year to Shenzhen government finance.

  Article 5 Shenzhen wireless administrative department shall put (some) frequency bidding point(s) in market according to the situation of frequency resource for put and the social needs. Any state enterprise affiliated to the municipality may apply for bidding in provided time limit. Enterprise having opened public wireless calling business also has the qualification to bid.

  Article 6 Unit applying for operating public wireless calling service shall be sifted by means of public bid. The bid winner shall be established according to the principle of “the winner shall be the one who pay the highest price”。

  The using period of frequency obtained from the bid is 10 years. In case that the unit wants to use the frequency continuously after the expiration of the period, it shall pay 50% of the winning price of the frequency bidding in the year (ending year of the period) as the compensated use charge of the frequency during the next 10 years. The matter shall be settled by analogy every 10 years.

  Article 7 The unit having started public wireless calling service shall pay compensated use charge of originally used frequency according to the standard of 240,000 yuan per group from the date of carrying out the system of compensated use of public wireless calling frequency, and begin to pay bleeper administration fee monthly. The using period of frequency is 10 years (shall be counted from the date of carrying out the system of compensated use of public wireless calling frequency), except the frequency (152.650MHZ) allocated by the country uniformly to the post and telecommunication department for public wireless calling service.

  Article 8 Unit, who applies for bidding for newly opened public wireless calling service, shall submit the following effective documents to Shenzhen wireless administrative department:

  1. application report;

  2. official document of approving enterprise establishment made by Shenzhen government, and copy of the enterprise‘s business license;

  3. credit certificate issued by the auditing bureau of Shenzhen Municipality;

  4. feasibility project of operating public wireless calling service with the following contents: operation purpose, operation manner, capital resource, technical ability and production location etc.

  Article 9 Shenzhen wireless administrative department is in charge of examining the qualification of unit applying for competitive bidding, enacting detailed plan concerning competitive bidding and publicizing it to society. The qualified unit shall participate in the bidding according to appointed time, location and manner.

  Article 10 The one, who participates in the public competitive bidding, shall be the enterprise‘s legal representative. In case that the legal representative can not participate because of some reason, he may issue a letter of entrust certificate and entrusts his deputy to participate.

  Article 11 The unit, who wins the bidding and acquires the frequency for public wireless calling service, shall make a contract on the use of public wireless communication frequency with Shenzhen wireless administrative department, and pay off the compensated use charge of the frequency within 15 days upon the making of contract. The contract will be invalid automatically if the compensated use charge of the frequency is not paid in due time.

  Article 12 Shenzhen post and telecommunication bureau and the telephone limited company of Shenzhen university shall provide enough trunk line to public wireless calling enterprise approved to start business. The rent of each trunk line is 500 yuan per month.

  Article 13 Shenzhen wireless administrative department shall finish all relevant procedures concerning the newly established enterprise of public wireless calling service within 30 days. The newly established unit of public wireless calling service shall provide calling service to customers within 1 year upon the approval date. Shenzhen wireless administrative department may take back the frequency of the unit, who does not provide the service in due time, and may refuse to send back the money paid as the compensated use charge for the frequency.

  Article 14 The technical standards of public wireless calling service station shall accord with international wireless administrative regulations and national technical standards of wireless administration. The signal emitted shall only be tune number, letter or Chinese character information, be in universal coding format and shall not be used to advertise.

  Article 15 The technical indicators, such as frequency, channel interval, output power of transmitter and address of transformation station, shall be appointed by Shenzhen wireless administrative department and be publicized before the bidding.

  Article 16 The unit winning the bid shall not transfer the using right of frequency. The charge of frequency shall not be transferred on to customer.

  Article 17 The system equipment of public wireless calling shall be introduced on the basis of official reply made by the wireless administrative department of Shenzhen and import license issued by relevant competent department of Shenzhen.

  Article 18 Anyone, who provides the service of public wireless calling, shall comply with the national provisions on wireless administration and accept the examination of the wireless administrative department of Shenzhen.

  Article 19 These regulations shall enter into effect as of the day of promulgation.

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