No. 75

Procedures of Shanghai Municipality on the Administration of Information Infrastructure were adopted at the 190th Routine Meeting of the Municipal People’s Government on January 9, 2023, and are hereby promulgated. They shall be effective as of March 1, 2023.

Mayor: Gong Zheng

January 19, 2023

Procedures of Shanghai Municipality on the Administration of

Information Infrastructure

(Promulgated by Decree No. 75 of Shanghai Municipal People’s Government on

January 19, 2023 and effective as of March 1, 2023)

Article 1 (Purposes and Basis)

With a view to regulating and facilitating the construction and administration of this Municipality’s information infrastructure, ensuring the security of its information infrastructure, and promoting the comprehensive digital transformation of economy, life and governance, these Procedures are formulated in accordance with relevant laws, rules and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Procedures shall apply to the planning, construction, maintenance, protection and supervision of information infrastructure within the administrative areas of this Municipality. Where laws, rules and regulations have special provisions on the administration of relevant information infrastructure, such provisions shall prevail.

For the purposes of these Procedures, “information infrastructure” includes equipment, lines and other supporting facilities that provide communication services, radio and television services, and information services such as data sensing, transmission, storage and calculation (hereinafter collectively referred to as “communication and information services”) for the public. The municipal department of economy and informatization shall, together with the municipal departments of communications administration, and radio and television, and other related departments, compile a list of information infrastructure and update it in a timely manner.

Article 3 (Fundamental Principles and Requirements)

The construction and administration of information infrastructure shall adhere to the principles of overall planning, intensive construction, resource sharing and standardized management.

This Municipality protects its information infrastructure in accordance with the law. No unit or individual may obstruct the construction, maintenance and management of information infrastructure in accordance with the law, engage in activities that illegally intrude, interfere with or destroy information infrastructure, or endanger the security of information infrastructure.

Article 4 (Governmental Duties)

The municipal and district people’s governments shall incorporate the development of information infrastructure into their plans for national economic and social development, and solve major problems involving information infrastructure through overall planning and coordination.

Town/township people’s governments and sub-district offices shall cooperate and coordinate the construction and protection of information infrastructure and other related work.

Article 5 (Departmental Duties)

The department of economy and informatization shall be responsible for the coordination and promotion of information infrastructure as well as relevant supervision and administration within its administrative area.

The departments of communications administration, and radio and television shall be responsible for the supervision and administration of information infrastructure in their respective fields of communications and radio and television.

The departments of development & reform, planning and resources, housing and urban-rural development administration, transportation, water (ocean), ecology and environment, and public security, and other related departments shall, pursuant to their respective functions and duties, perform their parts in the administration of information infrastructure.

Article 6 (Subject Duties)

Information infrastructure operators shall, in compliance with the requirements and standards prescribed by the State and this Municipality, assume the main responsibility for the construction, maintenance and protection of information infrastructure, and provide communication and information services that meet the requirements.

Information infrastructure operators shall, based on the needs of economic development and people’s livelihood, gradually build and provide complete information infrastructure, improve network conditions, and enhance the quality of public communication and information services.

Article 7 (Publicity and Education)

The department of economy and informatization shall, together with such departments as communications administration, radio and television, science and technology, and education, organize activities for the popularization of information infrastructure knowledge and publicize relevant laws, rules and regulations to raise the public’s consciousness of protecting information infrastructure.

Radio stations, television stations, the press, news websites, and others shall, in accordance with relevant provisions, carry out nonprofit publicity on the protection of information infrastructure.

Article 8 (Regional Cooperation in the Yangtze River Delta)

This Municipality shall advance the integrated development of information infrastructure in the Yangtze River Delta region and jointly build a new generation of information infrastructure, promote the interconnection of facilities, strengthen the consultation mechanism and information sharing on facility protection, and improve such working mechanisms as joint emergency response and law enforcement assistance, so as to provide support for the integrated high-quality development of the Yangtze River Delta.

Article 9 (Development Plan)

The municipal department of economy and informatization shall, together with the municipal departments of communications administration, and radio and television, and other related departments, organize the formulation of the development plan for the Municipality’s information infrastructure in line with the relevant plan for national information technology development and the plan for this Municipality’s national economic and social development, and promulgate and implement it in compliance with relevant requirements.

The development plan for information infrastructure shall reflect the development trend of information technology and industry, and work to pursue reasonable layout and coordinated development of all types of information infrastructure.

Article 10 (Special Plan)

The special plan of this Municipality for related fields of information infrastructure shall be formulated by the municipal departments of economy and informatization, communications administration, and radio and television, and other related departments, together with the department of planning and resources, and other related departments. The special plan shall conform to the requirements of this Municipality’s development plan for information infrastructure, ensure better coordination in meeting the demand for construction and space utilization of information infrastructure, and shall be incorporated into the corresponding national territory spatial planning upon approval.

Where the right to the use of state-owned land is provided by means of transfer, the department of planning and resources shall, in line with the regulatory plans, incorporate the content related to information infrastructure into the planning conditions as an integral part of the contract for the transfer of the right to the use of state-owned land.

Article 11 (General Requirements for Construction and Setups)

The construction and setups of information infrastructure shall conform to the special plan for information infrastructure, and go through such formalities as examination and approval in accordance with relevant provisions.

Under the same conditions, the setup of information infrastructure shall give priority to utilizing public buildings or such public facilities as road integrated poles, road light poles, elevated highways, gantries, road signs, bus shelters, and public phone booths.

Article 12 (Joint Construction and Sharing)

This Municipality shall promote joint construction and sharing of information infrastructure. The municipal departments of economy and informatization, communications administration, and radio and television, and other related departments shall, pursuant to their respective functions and duties, organize and coordinate the joint construction and sharing of information infrastructure.

Where information infrastructure operators need to build new information infrastructure, they shall give priority to sharing and utilizing information infrastructure already built if it is technically feasible, safe and controllable; where conditions for sharing are not met, joint construction shall be carried out in accordance with relevant provisions.

Article 13 (Supporting Construction)

For new construction, reconstruction or expansion projects, the development unit shall, in compliance with the planning conditions and relevant standards, set up such supporting information infrastructure as netserver centers and telecom base stations, and secure sufficient power supply. When examining the construction drawing documents of construction projects, the relevant examination institutions shall conduct the examination in accordance with laws, rules, regulations and mandatory standards, and implement relevant requirements for information infrastructure construction under the guidance of the department of housing and urban-rural development administration and other related departments.

The supporting information infrastructure shall be designed and constructed simultaneously with the construction projects. After completion, these construction projects shall be inspected and accepted in compliance with relevant standards and requirements of the State and this Municipality.

The expenses related to supporting information infrastructure shall be included in the project estimate and budget.

Article 14 (Standardized Development of Data Centers)

The municipal department of economy and informatization shall, together with the departments of development & reform, and communications administration, and other related departments, coordinate and promote the construction and upgrading of data centers, guide the coordinated construction of edge computing resources pool node with power substations or other facilities, improve energy utilization efficiency, and facilitate a new development paradigm of data centers featuring reasonable layout, advanced technology, green and low-carbon development, in which the scale of computing power is commensurate with the growth of digital economy.

Data centers are encouraged to participate in the scheduling of computing power to improve the utilization efficiency of idle computing power and the overall utilization of data centers. The municipal department of economy and informatization shall exercise supervision over the energy conservation of data centers.

Article 15 (Development of IoT Sensing Facilities)

This Municipality shall promote the construction of IoT sensing facilities in public areas, build sensor networks, and improve the digitalization level in such fields as industry, agriculture, commercial circulation, transportation and energy, public security, urban management, and production safety.

The municipal departments of economy and informatization, communications administration, and transportation, and other related departments shall, pursuant to their respective functions and duties, coordinate and promote the informatization, intelligent and standardized construction of road infrastructure, guide enterprises to rationally layout IoT sensing facilities, and support the development of intelligent connected automobile and other industries.

Article 16 (Opening of Resources in Public Places)

Whenever it is necessary to set up information infrastructure in the following places, the information infrastructure operator shall inform relevant units in writing in advance, and the relevant units shall open their buildings, ancillary facilities and other resources and provide necessary conveniences, unless otherwise provided by laws, rules and regulations:

1. the office premises of state organs, public institutions and other state-funded institutions;

2. transport infrastructure such as railway stations, airports, ports, highways, roads, railways, bridges, tunnels and urban rail transit; and

3. hospitals, exhibition halls, tourist attractions, public green spaces and other public places held with state-owned assets.

Article 17 (Signal Coverage and Equal Access)

Operators of basic telecommunications services shall, in compliance with the requirements of the State and this Municipality, set up information infrastructure to achieve signal coverage of indoor and outdoor public areas, elevators, stairs and underground spaces of residential communities, commercial buildings and other buildings.

The development units, owners or managers of residential communities and commercial buildings shall provide equal access and use conditions for operators of basic telecommunications services, and shall not charge any unreasonable fees other than the stipulated fees for rent and electricity.

Telecommunications service operators shall not restrict other telecommunications service operators from equal access by signing exclusive agreements or other means, or prevent other telecommunications service operators from providing services to users or using the telecommunications facilities supporting the project.

Article 18 (Facility Maintenance)

The information infrastructure operator shall formulate a maintenance management system, specifying the frequency, method and responsible personnel of maintenance according to the attributes of the facility and keeping records of maintenance as required. Relevant units and individuals shall provide convenience.

Information infrastructure jointly constructed and shared shall be jointly maintained or jointly entrusted to a third party for unified maintenance to ensure the normal operation of all facilities.

The municipal departments of economy and informatization, communications administration, and radio and television, and other related departments shall, pursuant to their respective functions and duties, formulate and make public the requirements for the maintenance and management of relevant information infrastructure.

Article 19 (Prior Notice)

For the following acts that may affect the security of information infrastructure, the construction unit or relevant enterprise shall inform the information infrastructure operator in writing in advance and negotiate to take corresponding technical preventive measures:

1. constructing or demolishing buildings and structures;

2. laying or dismantling power lines, electric pipelines, gas pipelines, water pipelines, sewers, radio and television transmission lines, and communications pipelines, or installing interfering equipment;

3. producing inflammable and explosive articles or discharging corrosive substances; and

4. other acts that may affect the security of information infrastructure.

Article 20 (Demolition and Relocation by Agreement)

No unit or individual may dismantle lawfully built information infrastructure without authorization.

Where the information infrastructure needs to be dismantled due to land requisition, building demolition, or other reasons, the relevant responsible unit shall sign an agreement with the owner or operator of the facilities for removal or relocation of the affected facilities, and set up alternative facilities based on actual needs, so as to ensure that the communication and information services will not be affected.

Article 21 (Dismantlement of Facilities after Termination of Use)

Where the information infrastructure ceases to be used, the owner of the infrastructure shall dismantle it without delay; in case it fails to do so in time, the municipal departments of economy and informatization, communications administration, radio and television, and housing and urban-rural development administration, and other related departments shall, pursuant to their functions and duties, order it to do so within a time limit.

Article 22 (Security Protection)

The municipal department of economy and informatization shall, together with the municipal departments of communications administration, and radio and television, and other related departments, establish a joint mechanism for security protection of information infrastructure to ensure the security of information infrastructure and the network unimpeded.

Information infrastructure operators shall establish and improve the security administration system of facilities, implement safety protection measures, and carry out regular inspection, maintenance and management of facilities. The municipal departments of economy and informatization, communications administration, and radio and television, and other related departments shall provide guidance on the security protection work of information infrastructure operators.

Article 23 (Warning Labels)

This Municipality’s information infrastructure shall be made distinct by a uniform warning mark which shall be uniformly designed by the municipal department of economy and informatization.

Information infrastructure operators shall set up warning marks on the information infrastructure as required and ensure that the warning marks are intact.

No unit or individual may damage, alter or remove warning marks without authorization.

Article 24 (Prohibited Acts)

The following acts that endanger the security of information infrastructure are prohibited:

1. occupying, stealing, damaging or destroying information infrastructure;

2. dumping, drilling and trenching within the scope of pipeline protection prescribed by the State and this Municipality;

3. engaging in anchoring, trawling, digging sand, blasting or other operations that endanger the safety of information and communication lines in the restricted zones marked with underwater or submarine optical cables;

4. installing strong electromagnetic devices, signal interference devices and other interfering devices in or near the information infrastructure which may seriously affect the information infrastructure and its related signal transmission; and

5. other acts that endanger the security of information infrastructure prohibited by laws, rules and regulations.

Article 25 (Emergency Handling)

The municipal departments of economy and informatization, communications administration, and radio and television, and other related departments shall, pursuant to their respective functions and duties, formulate respective contingency plans for relevant information infrastructure accidents, carry out emergency drills regularly, and participate in the investigation and evaluation of accidents.

Information infrastructure operators shall, in light of the municipal contingency plans for handling information infrastructure accidents, formulate specific implementation plans and organize at least one emergency drill every year. Where communication and information services are interrupted due to natural disasters or accidents, the relevant operators shall make urgent repairs as soon as possible.

The municipal departments of economy and informatization, communications administration, and radio and television, and other related departments shall establish and improve the emergency support work system to ensure unimpeded communication and information services needed for emergency handling.

Article 26 (Supervision and Inspection)

The departments of economy and informatization, communications administration, and radio and television, and other related departments shall establish and improve the supervision and inspection system of information infrastructure, supervise and inspect the construction, maintenance and protection of information infrastructure through such means as on-site inspection and special inspection, and realize the supervision and inspection information sharing.

Where the departments of economy and informatization, communications administration, and radio and television, and other related departments find that the information infrastructure operators violate the provisions of these Procedures, they may have an interview with their legal representatives (persons in charge) or relevant personnel.

Article 27 (Guidelines)

Where the relevant laws, rules or regulations have provided for punishment for acts violating these Procedures, such provisions shall prevail.

Article 28 (Handling of Violations of Equal Access Requirements)

In case of anyone in violation of the provisions of Paragraph 2 of Article 17 of these Procedures by refusing to provide equal access and use conditions for operators of basic telecommunications services, the departments of communications administration, housing administration, and market regulation, and other related departments shall give admonitions to relevant units and persons responsible and deal with them in accordance with the law.

Article 29 (Punishment for Violations of the Provisions on the Administration of Warning Marks)

Whoever, in violation of the provisions of Paragraph 3 of Article 23 of these Procedures, damages, alters, or moves without authorization the warning marks of information infrastructure shall be ordered to make corrections and may be imposed on a fine of not less than 1,000 yuan but not more than 5,000 yuan by the departments of economy and informatization, communications administration, and radio and television, and other related departments in pursuance of their respective functions and duties.

Article 30 (Effective Date)

These Procedures shall be effective as of March 1, 2023. The Procedures of Shanghai Municipality for the Administration of the Establishment of Public Mobile Communication Base Stations promulgated by Decree No. 104 of Shanghai Municipal People’s Government on July 5, 2001, and amended and re-promulgated in accordance with Decree No. 52 of Shanghai Municipal People’s Government on December 20, 2010, shall be repealed simultaneously.