New radio regulations promote the development of multiple industries including 5G, Beidou, civil aviation, etc.

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On November 28, the Ministry of Industry and Information Technology conducted a special interpretation of the newly revised "Radio Management Regulations" (hereinafter referred to as the "Regulations"). According to the Ministry of Industry and Information Technology, the newly revised "Regulations" will be officially implemented on December 1 according to the deployment of the State Council, increasing the punishment for illegal activities such as communication information fraud using "fake base stations" and adding new content such as radio frequency management, station management, and transmission equipment management, providing a legal basis for further allocation of radio spectrum resources.

Industry insiders said that the promulgation of the "Regulations" is in line with the current development trend of my country's information technology industry. On the basis of ensuring the creation of a healthy information consumption environment, it will remove technical and policy barriers to the development of multiple information industry fields such as 5G, Beidou navigation satellites, and civil aviation.

Revise industry regulations to further improve

Since my country has not yet issued a telecommunications law, the Regulations have been regarded as important industry regulations by industries such as telecommunications and the Internet. In addition, many important industries such as civil aviation and satellites also involve the use of radio frequencies, so the newly revised Regulations have attracted much attention.

According to the State Council Legislative Affairs Office, the Regulations were first promulgated and implemented in 1993, and have played a positive role in promoting the rational development and utilization of radio frequencies and maintaining order in the airwaves. However, with the deepening of the reform of the administrative approval system and the rapid development and widespread application of information technology, the Regulations can no longer fully meet the actual needs of various business development and management. To this end, the Ministry of Industry and Information Technology and the former General Staff drafted the Radio Management Regulations (Revised Draft) in 2008 and submitted them to the State Council and the Central Military Commission for review.

In recent years, the revision of the Regulations has been listed as a key legislative work plan of the State Council. To this end, the Ministry of Industry and Information Technology cooperated with the State Council Legislative Affairs Office to carry out a lot of research and demonstration, opinion solicitation, draft improvement, legislative coordination and other work. On this basis, the State Council Legislative Affairs Office formed the "Radio Management Regulations (Revised Draft)". Recently, the revised "Radio Management Regulations of the People's Republic of China" was announced and will come into effect on December 1, 2016.

The Ministry of Industry and Information Technology told the Economic Information Daily that the Regulations have improved the systems for the development and utilization of radio frequencies, the management of radio stations, the management of radio transmitting equipment, radio monitoring and maintenance of radio wave order, and legal responsibilities, reduced and standardized administrative approvals, strengthened supervision during and after the event, and relied on legal means to increase the intensity of punishment for illegal and criminal activities such as the establishment and use of "fake base stations" and "black broadcasts". This will provide more powerful legal guarantees for further promoting the effective development and utilization of radio spectrum resources, ensuring the smooth development of radio management, and promoting the healthy development of the radio management industry.

Industry insiders said that the Regulations have always played the role of industry regulations. The revised Regulations will be more perfect and will have a positive impact on related industries that use radio. Shen Changxiang, an academician of the Chinese Academy of Engineering, told the Economic Information Daily that the use of radio frequency resources has a fundamental impact on many industries such as telecommunications, the Internet, civil aviation, and satellites, and it also affects the rights and interests of consumers. As an industry regulation, the revised Regulations have important guiding significance for combating crimes and creating a good industrial environment, and will play a key role in promoting the development of my country's information technology industry.

Severe punishment targets telecommunications fraud such as "fake base stations"

In recent years, communication technology has been changing with each passing day, providing consumers with many conveniences. At the same time, telecommunications frauds such as "fake base stations" have also emerged in an endless stream, which not only seriously infringes on the rights and interests of consumers, but also causes severe damage to the creation of a healthy information consumption environment. In response to the above problems, the new "Regulations" have increased the punishment for illegal activities such as using "fake base stations" to carry out communication information fraud.

In response to the use of "black radio" and "fake base stations" by lawbreakers to engage in fraud and other illegal and criminal activities, the revised "Regulations" stipulate that for these illegal radio transmission activities, the radio management agency may temporarily detain radio transmission equipment or seal up radio stations (stations), and may take technical blocking measures when necessary; if the radio management agency discovers suspected illegal and criminal activities during radio monitoring and inspection work, it shall promptly notify the public security organs and cooperate in investigation and handling. For those who set up and use radio stations (stations) without authorization to engage in fraud and other illegal activities, if it constitutes a crime, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. If it does not constitute a crime, the punishment shall be increased on the basis of confiscating the equipment used in the illegal activities and the illegal gains, and a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed.

At present, "fake base station" telecommunications fraud has become a major disaster area for my country's information security. According to incomplete statistics from the public security department, the three major operators and many Internet companies, more than 100,000 victims suffered property losses from "fake base station" telecommunications fraud in my country last year, and the amount of fraud exceeded 10 billion yuan. In the first half of this year, "fake base station" telecommunications fraud has intensified, and the number of victims and the amount of fraud have increased significantly compared with the same period last year.

Relevant persons in charge of the three major operators and 360 and other Internet companies said in an interview with the Economic Information Daily that with the implementation of the new "Regulations", the crackdown on telecommunications fraud such as "fake base stations" will be further strengthened, especially the confiscation of "fake base stations" and heavy fines, which will have a huge deterrent effect on criminals. In addition, the new "Regulations" also require the filing and management of relevant stations and station equipment, which will block the outflow of "fake base stations" at the source, and is expected to further curb telecommunications fraud such as "fake base stations".

"Combating telecom fraud such as 'fake base stations' not only protects the rights of consumers, but also creates a good information consumption environment, which is of great benefit to the future development of the information industry." Wang Yijiang, a senior analyst of the telecom and Internet industries, said that the telecom industry is currently an important "export" for my country's information industry, directly contacting consumers. The introduction of the new "Regulations" will greatly improve the information consumption environment and promote the comprehensive development of industries such as the Internet and the Internet of Things.

Ensure the removal of obstacles to the development of multiple information industries

In recent years, with the accelerated implementation of Made in China 2025 and the Internet+ strategy, new technologies and new formats such as smart manufacturing, next-generation mobile communications, and the Internet of Things have developed rapidly, and radio has been widely integrated into economic development. However, with the continuous emergence of new technologies and applications, radio spectrum resources are becoming increasingly scarce. To this end, the new "Regulations" have made management requirements for radio spectrum resources that related industrial development relies on, which will remove technical and policy barriers to the development of multiple information industry fields such as 5G, Beidou navigation satellites, and civil aviation.

Xie Cun, deputy director of the Radio Management Bureau of the Ministry of Industry and Information Technology, introduced that the new "Regulations" on spectrum resource management are closely centered on the effective development and utilization of spectrum resources and improving resource utilization. The "Regulations" first established a system of coexistence of assignment, bidding, and auction; second, further standardized the radio frequency use license system; third, stipulated the frequency recovery system; and fourth, added a new satellite radio frequency management system. By making reasonable arrangements and regulations for the use of radio frequencies in multiple industries, the new "Regulations" promotes the efficiency of the use of scarce radio spectrum resources while ensuring the safety of related fields; at the same time, the new "Regulations" also use various methods such as assignment, bidding, and auction to ensure the reasonable use of radio spectrum by emerging information technologies in the future, which will help various information technology industries to overcome technical barriers and quickly enter the development period.

Yu Xiaohui, chief engineer of the China Academy of Information and Communications Technology, believes that the revised Regulations will further promote the development of the information technology industry by scientifically allocating spectrum resources and improving resource utilization. Wan Meizhen, a researcher at the Air Traffic Control Industry Management Office of the Civil Aviation Administration of China, said that the new Regulations will become a necessary condition for ensuring civil aviation flight safety, improving the economic benefits of the industry, and maintaining coordinated and sustainable development of the industry.

Several operators also told the Economic Information Daily that although 5G has not yet been commercialized, the new regulations have provided a solution for 5G spectrum allocation. According to the new regulations, operators can obtain spectrum resources as scheduled through bidding and other means, which will ensure the smooth commercialization of 5G in 2020 and will directly promote the subsequent application and industrial development of Internet of Vehicles, Internet of Things, cloud computing, artificial intelligence, etc.