5G regulation and law in China

According to the White Paper on 5G Development and Economic and Social Impact (5G Whitepaper) published in December 2023 by the China Academy of Information and Communication Technology (CAICT), a research institute that reports to the Ministry of Industry and Information Technology of China (MIIT):

• China has completed 5G network coverage in all prefecture-level cities and urban areas of county seats nationwide
• By the end of 2023, there would be 754 million 5G mobile phone users in China

According to MIIT, by the end of 2024, there would be 4.25 million 5G base stations, and China would be able to construct the world's largest mobile communications and optical fibre broadband network.

Since the launch of 5G deployment in China, the strategic goal has been to adopt the SA model. In early February 2021, SA networks were launched in 31 provinces and 337 cities across the country, with a coverage rate of approximately 50%. According to data monitoring by the 5G Cloud Test Platform of the China Academy of Information and Communications Technology (CAICT), SA connections accounted for 74.7% of 5G network tests in the second quarter of 2021 in China. 

As of November 2021, the three major operators (China Mobile, China Unicom, and China Telecom) had all achieved large-scale deployment of 5G SA  networks, and the SA model core network was operational. China continues to promote the smooth transformation of 5G base stations from the NSA model to the SA model. 

At the regulatory level:

• MIIT grants 5G spectrum licences. So far, MIIT has issued spectrum licences for public 5G networks to leading telecom operators China Mobile, China Unicom, China Telecom and China Broadnet.
• Under the Measures for the Administration of the Permit for the Use of Radio Frequencies, the term for a permit for the use of radio frequencies shall not exceed 10 years. For the temporary use of radio frequencies, the term for a permit for the use of radio frequencies shall not exceed 12 months. Licences are typically granted for 5 years.
• In 2022, MIIT granted the first corporate private 5G network licence to Commercial Aircraft Corp of China in the 5925-6125 MHz and 24.750-25.15 GHz bands, which are for industrial wireless applications.  In 2022, the Civil Aviation Administration of China (CAAC) issued an implementation plan for building airport networks, using 5G AeroMACS that uses aviation-specific frequencies.  According to the CAACl, 5G applications for civil aviation are based on different scenarios, using a combination of security and non-security communications. Security communications such as 5G AeroMACS are completely isolated from the public 5G network built and deployed by telecom operators. For public networks used by passengers in terminals and in-flight internet in passenger cabins, the CAAC encourages  use of public 5G networks and participation by telecom operators.
• In May 2023, MIIT revised the Provisions of the People’s Republic of China on Radio Spectrum Allocations, which divided the frequency bands that can be used in different business sectors.
• According to the Radio Regulations of the People's Republic of China:
  • Instead of adopting an auction system for mobile communication frequencies in China, MIIT is responsible for exercising the licensing for the use of radio frequencies; this avoids the high cost of frequency auctions for operators. Meanwhile, the licensing of some frequencies has been delegated to regional governments to facilitate the application process.
  • All enterprises (regardless of size and field, except the military) need to apply for and obtain a licence after passing a qualification review. 
  • In order to prevent monopolisation of frequency bands, according to the Measures for the Administration of the Permit for the Use of Radio Frequencies, the term of a radio frequency licence shall not exceed 10 years.

At the practical level:

• Companies that have obtained 5G frequency licenses remain the same, but in December 2024, MIIT allowed China Mobile to re-farm frequency resources in multiple bands below 3000MHz already used for 2G/3G/4G systems, which can also be used for the public 5G  mobile communication system. 

Although Article 17 in the Radio Regulation of the PRC states that commercial radio frequency licences, such as those for terrestrial public mobile communications, can be obtained through bidding or auction, there are currently no cases in which spectrum licences have been obtained through public tenders.

Generally, no. 

However, in September 2023, the Radio Spectrum Resources Law was officially included in the legislative plan of the 14th National People's Congress Standing Committee.

In the field of radio and television, MIIT and the State Administration of Radio and Television jointly issued the Radio and Television Radio Spectrum Development Project (2023-2035). The project lays out the priorities for medium wave, short wave, FM, television, satellite broadcasting, and microwave in the next decade.

There are still no specific 5G rules, but a range of policies are introduced:

• In February 2023, the CPC Central Committee and the State Council issued the Overall Layout Plan for the Development of Digital China, proposing to accelerate the coordinated construction of 5G networks and gigabit optical networks.
• In March 2023, the Resolution of the First Session of the 14th National People's Congress on the Implementation of the 2022 National Economic and Social Development Plan and the 2023 National Economic and Social Development Plan, proposing to accelerate construction of 5G and broadband networks, fully implement the project to improve the basic network in small and medium-sized cities in central and western regions, and create more gigabit cities; to fully implement the 5G Application ‘Sailing’ Action Plan, use 5G to improve people's lives, and accelerate construction of integrated infrastructure such as smart healthcare, smart elderly care, smart transportation, and smart energy and to accelerate the large-scale promotion of 5G in sites such as smart ports and smart factories; guide and support enterprises to increase investment in construction of new 5G infrastructure.
• In April 2023, MIIT and the Ministry of Culture and Tourism jointly issued the Notice on Strengthening Collaborative Innovation and Development of 5G+Smart Tourism: proposing nine major tasks such as exploring new 5G+smart tourism marketing models and improving 5G+smart tourism management capabilities.
• In October 2023 MIIT issued the Notice on Promoting the Evolution of 5G Lightweight (RedCap) Technology and Innovative Development of Applications, promoting the evolution of 5G RedCap technology, industrial research and development, and industrialisation, and further promoting large-scale development of 5G applications.
• In March 2024, the Resolution of the Second Session of the 14th National People's Congress on the Implementation of the 2023 National Economic and Social Development Plan and the 2024 National Economic and Social Development Plan: systematically promoting large-scale deployment of 5G and gigabit optical networks, and further promoting the large-scale application of 5G.
• In July 2024, the State Council's Five-Year Action Plan for the In-depth Implementation of the People-oriented New Urbanisation Strategy: promoting construction of green smart cities and acceleratingcontinuous coverage of 5G networks in urban areas and in-depth coverage of key places.
• In November 2024, the General Office of the Communist Party of China Central Committee and the General Office of the State Council issued an opinion on promoting construction of new urban infrastructure to create resilient cities: promoting coordinated development of smart city infrastructure and intelligent networked vehicles, and further promoting development of ‘5G + Internet of Vehicles’.

In 2019, China Unicom and China Telecom signed the 5G Network Co-construction and Co-sharing Framework Cooperation Agreement, under which it was agreed that both parties would share the access network and build their own core networks, share 5G frequency resources and divide the network construction area.

In January 2021, China Mobile and China Radio and Television (CRT) signed a series of 5G Strategy cooperation agreements, under which it was agreed that China Mobile would be responsible for construction of the 700MHz core network, and CRT can use it as a part of a deal with CRT purchasing 50% of the network’s assets when conditions are met.

In May 2023, MIIT and 14 other departments jointly issued the Implementation Opinions on Further Deepening the Co-construction and Sharing of Telecommunications Infrastructure to Promote the High-quality Development of the “Dual Gigabit” Network, which deploys the co-construction and sharing of 5G and encourages cross-industry open sharing. The relevant departments will strengthen work guarantees, establish cross-industry co-construction and sharing coordination and consultation mechanisms, improve policy support, simplify approval procedures, and strictly supervise and assess.

According to Typical Cases of Co-building and Sharing of Telecommunications Infrastructure published in 2023, telecommunications operators' cooperation with enterprises or the government involves multiple areas such as housing, transportation, and electricity.

No information is currently available on any requirements for granting competitors access to new 5G networks.

No new regulations on cybersecurity in this regard are brought out. 

At rule-making level,

as  early as 2019, China established the IMT-2030 (6G) Promotion Group under the auspices of MIIT to systematically promote work in areas such as demand, technology, standards, and international cooperation, and to launch 6G technology trials.

In 2023, the five typical 6G scenarios and 14 key capability indicators proposed by China were all adopted by the International Telecommunication Union, and China is at the forefront of the world in the formulation of 6G standards.

At industrial research and development level,

in 2019, the National Key Research and Development Plan for Broadband Communications and New Networks issued by the Ministry of Science and Technology included multiple 6G-related pre-research, verification, and testing projects.

In December 2024, Guangdong Shenglu Intelligent Technology Co., Ltd. successfully bid for an industrial plot in the Fobei Zhaxin Industrial Park for about RMB101m (USD 14m). The project mainly focuses on 6G communication technology, researching and developing, and producing a new generation of intelligent communication equipment. At present, the park has introduced a total of 12 industrial projects, including Lanwan Cloud Computing, Tongke Electronics, Bosunda Antenna, and a new generation of Micro OLED micro display industrial bases, with a planned total investment of nearly RMB 15bn (USD 2.07bn).