Chương V Luật tần số vô tuyến điện năm 2009: Kiểm tra, kiểm soát tần số vô tuyến điện và xử lí nhiễu có hại

Chapter V

RADIO FREQUENCY EXAMINATION AND CONTROL AND HANDLING OF HARMFUL INTERFERENCE

Article 34. Entities subject to radio frequency examination and control

1. Users of radio frequencies and equipment in the territory of the Socialist Republic of Vietnam shall submit to radio frequency examination and control by a competent state agency.

2. Operators of radio equipment and radio equipment installed on board Vietnamese or foreign seagoing ships and airplanes entering the territory of the Socialist Republic of Vietnam shall comply with Vietnam's laws, international agreements and treaties to which the Socialist Republic of Vietnam is a contracting party and submit to radio frequency examination and control by a competent state agency.

Article 35. Responsibilities for radio frequency examination and control

1. The Ministry of Information and Communications shall organize radio frequency examination and control nationwide; and provide for the setting up of examination delegations, examination contents and procedures, and responsibilities of entities subject to examination.

2. The Ministry of National Defense and the

Ministry of Public Security shall organize examination and control of radio frequencies exclusively used for national defense and security purposes.

3. Results of radio frequency examination and control, seizure and measurement of technical parameters of radio equipment by a state agency competent to examine and control radio frequencies shall serve as evidence for the identification and handling of violations of the law on radio frequencies and the handling of harmful interference.

Article 36. Modes of examination

1. Regular examination shall be conducted under examination programs and plans approved by competent state agencies defined in Clauses 1 and 2, Article 35 of this Law.

2. Irregular examination shall be conducted upon handling of harmful interference or detection of signs of violations of the law on radio frequencies.

Article 37. Measures to restrict harmful interference

Organizations and individuals licensed to use radio frequencies shall strictly comply with the provisions of their licenses and take the following measures to restrict harmful interference:

1. To keep transmission radio frequencies within the frequency deviation limit prescribed by the Ministry of Information and Communications:

2. To reduce the level of unwanted radio emission to the minimum value;

3. To use a transmission mode with the minimum occupied bandwidth corresponding to applied technologies:

4. To restrict radio wave reception and transmission in unnecessary' directions;

5. To use the minimum capacity enough to assure communication quality.

Article 38. Principles on the handling of harmful interference

1. The specialized management agency in charge of radio frequencies shall handle harmful interference on the following principles:

a/ Prioritizing radio emission within a frequency bandwidth necessary for radio stations and minimizing unwanted radio emission;

b/ Prioritizing primary services over secondary services in the change of radio frequencies or transmission technical parameters for the handling of harmful interference;

c/ Requesting organizations and individuals that use radio stations causing harmful interference to take measures to change radio frequencies; limit the transmission capacity; change the height, polarization and directional characteristics of transmission antennas; and redistribute the working time of harmful interference-causing radio stations and other necessary measures to prevent interference;

d/ Requesting users of electric or electronic equipment or radio wave appliances causing harmful interference to take measures to eliminate interference:

e/ Requesting users of electric or electronic equipment or radio wave appliances to cease using these equipment or appliances if they cause harmful interference to navigation, safety, search, rescue, salvage, national defense and security radiocommunication until harmful interference is remedied;

f/ Organizations and individuals that cause interference due to their non-compliance with the provisions of their licenses shall bear expenses for the change of radio frequencies or equipment, and handling of harmful interference: if causing damage, they shall pay compensations under law;

g/ Users of radio equipment causing harmful interference in violation of the law on radio frequencies shall remedy such harmful interference and be handled under law.

2. Organizations and individuals that request the specialized management agency in charge of radio frequencies to handle harmful interference shall supply adequate information on harmful interference; if supplying untruthful information or evidence, they shall be handled under law.

Article 39. Procedures for handling harmful interference

1. When being affected by harmful interference, licensed users of radio frequencies shall carry out the following procedures for handling:

a/ Notifying the harmful interference to the specialized management agency in charge of radio frequencies;

b/ Following the instructions of the specialized management agency in charge of radio frequencies to identify interference sources and causes, and taking measures to handle harmful interference.

2. When tracing causes of harmful interference, the specialized management agency in charge of radio frequencies has the following rights and responsibilities:

a/ To measure directly technical parameters of radio equipment or electric or electronic equipment or radio wave appliances which might have caused harmful interference;

b/ To request temporary cessation of the operation of radio equipment or electric or electronic equipment or radio wave appliances to identify harmful interference sources in case of necessity:

c/ To mitigate impacts on the normal operation of radio equipment during the time of direct measurement or temporary cessation of the operation for tracing causes of harmful interference.

3. Users of radio frequencies and equipment in harmful interference-affected areas shall coordinate with the specialized management agency in charge of radio frequencies and create favorable conditions for quickly and accurately tracing interference sources and effectively handling interference.

4. Owners of harmful interference-causing equipment shall repair or improve the functions or shut down the operation of such equipment and take other measures at the request of the specialized management agency in charge of radio frequencies to eliminate harmful interference.

Article 40. Technical safety corridors of radio stations

1. The technical safety corridor of a radio station is the space in the direction of reception or transmission necessary for assuring the normal operation of the radio station.

2. The Minister of Information and Communications shall assume the prime responsibility for. and coordinate with the Minister of Construction, the Minister of National Defense and the Minister of Public Security in. promulgating regulations on technical safety corridors of radio stations and a list of radio stations with assured technical safety corridors together with their addresses and installation locations.