Editor's note: In 2007, the development, technical integration of the context of the million users to more fully enjoy the telecommunications services, telecommunications, and telecommunications law are closely related, these hot spots have turned into a suspense linger in the minds of the people at home and abroad in recent years, there hh with some of the major news events and important legislative point of view, We sorted out this article, hoping to promote the process of telecom legislation to provide some useful references.
concerns 1
can actively promote the the integration of the representative class of business, driven by triple play in 2006, China made substantial progress, the industry co-operation between the appropriate model. which, IPTV services from pilot to commercial real emergence of Harbin and Shanghai, two major model city. Harbin Netcom May 17 last year launched IPTV services, the end of 2006 the number of users exceeded 10 million; Shanghai Telecom, from September 1, 2006 Telephone Number officially on December 17 last year, IPTV users have more than 60,000 . In fact, in some rural areas of China, the National Party members and cadres in rural areas to take an advanced distance education, demand, the combined effect made great. the forum said, triple play need to go a long way in a short time is difficult to achieve, can be easier. now you can start to start to achieve business integration, and gradually realize the management system integration. Telecommunications Act to create the conditions for business integration, change the business telecommunications services and radio and television conditions do not access each other.
2006, a number of news media reports, the draft telecommunications law, there are many problems to be consultation among the departments, especially the problem of triple play, triple play issues as the slow progress of the Telecommunications Act One of the reasons .2007 breakthrough in telecommunications legislation could change the telecommunications business and broadcasting business and do not access the status, for br> Can set The new business is not only to promote the development of the telecommunications industry, but also the whole social development and prosperity. Innovation is the vitality of the sustainable development of the telecommunications industry, and also the countries in the fierce international competition, an important guarantee for success. Therefore, the telecommunications legislation in the provision of market access, telecommunications, standards and other specific legal system, to leave room for technological development and innovation, new technologies and to relax restrictions on access to new business, to encourage enterprises to adopt new technologies, new standards. there are experts further pointed out that Germany, Austria, the regulation of electronic communications networks to follow the principle of technological neutrality, whether Telecom's mobile network, fixed network or a satellite radio and television networks, cable networks have been incorporated into a unified network management system for electronic communications, the implementation of a unified regulatory . of network management, using the principle of technological neutrality has reference to China, especially in the traditional telecommunications networks and broadcast television networks face the integration of environment, technology neutrality principle is not only effective coordination of the Ministry of Information Industry, SARFT and the division of labor, unity of resources planning and management, and to promote technology integration, to encourage technological innovation.
However, early this year, some scholars have pointedly noted that a few developed countries in the world is still in control of the pattern of most developing countries, saying that neutral, so that consumers can get the best low cost technology ensure that consumers Because the standard . When the foreign technical standards once they are they can stop most of the enterprises to enter the market, thereby reducing the pressure of market competition, to consolidate its technical or trade secrets to protect, to form the corresponding market monopoly. even if other outstanding technological innovation of enterprises, by neutral neutrality 98.8% increase over the previous year by 4.4 percentage points, finished ahead of schedule in 2006, Start a telecommunications companies to determine the stage of universal service goals. to support. three years, a fruitful project villages, villages project to comprehensively improve the level of information services, and promote information technology in rural areas, promote rural economic development, elimination of urban-rural
2006 年 2 months, U.S. Senator Conrad. Burns presented the Use high-quality broadband services and facilities by the end of July .2005, U.S. Senator Gordon. Smith et al proposed a to build a nationwide high-speed broadband Internet to provide financial assistance while extending universal service goals, to increase subsidies for broadband Internet access. These bills reveal a signal: the United States telecommunications universal service focus will shift to broadband Internet, so that all the American people can applied to the indifference of the Internet business, thereby enhancing the level of information in American society. According to the draft proposed by the United States will reform the Telecommunications Act of 1996 only charged for interstate long-distance business income provisions of the universal service fund, so that all telecommunications operators, including Internet providers, mobile operators and VoIP providers such as, whether or not eligible for Universal Service Fund, must pay the universal service fund, so that the universal service fund further expansion of the main charge.
In our view, Telecommunications Act provides for the establishment of the universal service fund, to all telecom companies charge a certain percentage of compensation to provide universal service business, which is the title of the Telecommunications Act in formulating the proper meaning, but in fact, through the lump sum phases: the first stage is to achieve administrative villages after the 2010 Telecommunications Act should be forward-looking, then, the draft telecommunications law is necessary to learn whether the legislative experience of the United States, one step ahead, to expand the collection of the main universal service fund, while the telecommunications universal service focus to broadband Internet, to better match 2020 before and after the rural villages structural changes in China's telecommunications industry was further increased, the mobile user growth, revenue growth continues to significantly exceed the fixed service; data communication services continued highest growth rate and speed of development of the industry list. If you do not pass laws to regulate the integrity of competition to promote the market structure changes toward a healthy, harmonious direction, continue to imbalances in the market for long-term development of China's telecommunications industry is very bad.
experts pointed out that the market structure optimization in addition to the implementation of effective use of access policy configuration, but also through non- symmetric market structure, regulatory policies to implement the optimization. In view of the leading telecom operators in the market for other operators a strong position constitutes an obvious unfair competition, both national telecommunications law behavior of the leading operators to impose special requirements, order to maintain fair competition. And, in addition to telecommunications law on the special requirements of leading operators, the national anti-trust (competition law) is also the leading operator on the conduct of norms and constraints. In other words, given the characteristics of the telecom industry , the behavior of the leading telecom operators by the industry to the dual constraints of law and antitrust laws. In China, the anti-monopoly law has not been issued, and, even worked out in the implementation of the gradual accumulation of experience is also needed, therefore, anti-monopoly law constraints on the role of incumbent absence. Against this background, the Telecommunications Act the provisions of the incumbent has a dual meaning, which in addition to the dominant operators outside the control of behavior in advance, but also to compensate for absence caused by anti-monopoly law The system of oversight. If the leading telecommunications law can not regulate the behavior of operators and constraints facing the industry, the telecommunications market will double failure of the legal situation with the anti-monopoly law will inevitably lead to distortion of competition, the incumbent was anti-competitive conduct not to contain, resulting in confusion in the market order.
of the slowing down, called for the cancellation asymmetric regulation also heard the voice, the face of the new market structure, the need to rebuild the telecommunications law asymmetric control system?
concerns 5
whether statutory number portability? < br> 2006 年 10 16, Ministry of Information Industry issued programs of all charges, notification from January 1, 2007 implementation date. It is said that since January 1, 2007, the Guangdong Mobile, China Unicom started the Ministry of Information Industry, the requirements of the operator services. Mobile's GSM and M-Zone users will be able to convert each other tariff packages, China Unicom's World Wind users with the new forces in the choice of tariff packages within the same network.
Although the sense of Telecommunications Act should be clear that telecommunications users have number portability rights and choice operators. liberalized telecommunications market access is a necessary condition to compete. In view of numbering resources for users of particular value, not like ordinary commodities so be disposed of or replaced, so that the user is in fact for the operators, dependent status. bad the carrier service, users had to endure. Therefore, only the use of number portability to enable users from dependence on the status of operators freed, the formation of competitive pressure on operators, which is the general national development control policies, but also issues of competition in the telecommunications market should have meaning. For example, the U.S. FCC, respectively, in October 7th, 2003 and November 10 announced the move to mobile, fixed to mobile number portability requirements, and in November 24, 2003 from the first in the most densely populated urban areas, the implementation of 100, after 24 May 2004, extended to all areas. Some countries also intend to 2G and 3G mobile phone in between the introduction of number portability. China's telecom reform has been some progress in market access, the initial formation of a number of operators in the competitive landscape, but because of the implementation of number portability has not been greatly restrict the user's right to choose, also can not fully expand telecommunications competition, and the dominant firm control of the formation of a de facto protection. Therefore, the Telecommunications Act should be clear that the user can change the number of operators to carry and bear the original operator consequential losses.
experts have pointed out that the highly controversial number portability service, the implementation of the business, operators need the software, billing systems, network platform modifications, which require a higher cost of new installed capacity will also reduce the the increase in revenue. Since the policy provides a number portability service, the law does not necessarily add to the provisions.
media revealed that the draft telecommunications law for the reasonable in the circumstances, the operator of the obligation to bear on whether the draft Telecommunications Act of .2007 to retain the provisions of number portability business?
6
concerns whether further relaxation of the telecommunications market access system?
experts , the current telecommunications industry a lot of hot issues and market access are closely related, such as whole business problem, it involves the relationship between business and government, although many countries in recent years have made reform of the licensing system, or even eliminated in some countries licensing practices, but from around the world to see, the permit system is still the basic system. telecommunications law designed for the licensing system should take into account the integration of telecommunications technology and business issues, taking into account technological developments, customer demand, the long-term telecommunications service providers sustainable development and optimal use of resources, many countries tend to release a full-service license, which has become a trend. full-service license to expand operations in a single range of services under the license, eliminating the imposed technology artificial policy barriers. Therefore, China should be to develop telecommunications law as an opportunity to be on the telecommunications business license system changes to address the IP network and service convergence era brought the issue of market access. In addition, there are media reports, the draft telecommunications law in the telecommunications market access, the most value-added telecom business breakthrough. The draft Telecommunications Act with the to license, eligible to be engaged in telecommunications services. cell phone ring tones, pictures, text messaging, games and other value-added services, mobile phones and phone users now increasingly popular, attracting many investors. telecommunications law could further reduce the entry of these businesses threshold value-added services to bring more prosperity for the picture of it?
concerns 7
can enhance the cost of interconnection interconnection control?
experts, 3G interconnection settlement can not be ignored. charges and the settlement price is the relationship between retail and wholesale prices, while they are also co-exist in the body of a tariff sheet. tariff and settlement the two sides are mutually influence each other's role in coordinating the relationship between each other. You can see that although the EU has put On the retail tariff controls, but the EU has established a sound cost-based billing system, therefore, to relax the control of retail tariffs to obtain the desired results. during the release of 3G mobile phones is a general trend in retail prices, and to cost-based billing system has not established that will lead to a vacuum control and failure rates. Therefore, as soon as possible cost-based interconnection settlement price. Meanwhile, mobile operators will have a new entry, therefore, should be considered 3G network roaming with 2G networks, which need to determine a reasonable settlement prices to the economic means to promote the realization of the network roaming.
some experts further recommended that, in view of interconnection standards for interoperability to achieve the policy has important implications , Telecommunications Law interconnection standards should be clearly defined. In China, due to historical cost is difficult to define, should be clearly defined by the leading operator of long-term incremental cost of interconnection costing as a basis for new operators entering the market. At the same time, taking into account the long-term incremental cost standard in practice may be faced with many practical problems because can not be applied, therefore, as an alternative, the provisions of the Telecommunications Act should also be able to implement interconnection price cap management to prevent the abuse of dominant operators its monopoly position (France and Italy from January 1, 2003 the limit was introduced interconnection regulation policies to increase the market for the next level of interconnection charges reasonably be expected, was generally welcomed by the industry). In other words, the Government must operators on interconnection charges leading to price controls. On the contrary, for the non-dominant operators, the Telecommunications Act of its interconnection charges should be clearly defined cost pricing principle is not limited, based on the formation of interconnect charges commercial negotiations.
I do not know the Telecommunications Act whether the draft recommendations of the experts on the costs of interconnection interconnection provides for the control of the problem?
8
3G era concerns how telecommunications charges tube?
Not long ago, the National Information Industry Working Conference revealed In 2006, China completed the total 1.52 trillion yuan communication services, an increase of 24.6%, the business revenue of 705 billion yuan, an increase of 10.6%, a lower overall level of telecommunications charges as much. In 2006, the Beijing and Shanghai remain the same over the years have reduced the level of mobile communication charges, after China Mobile, Hong Kong and Macau roaming reduce international roaming charges, late last year, China Netcom has launched long-distance tariff concessions, in fact, reduce the level of long distance phone charges. China is now the implementation of enterprise pricing, a government formed on the lower tariff management mechanism. leadership of the Ministry of Information Industry, said the future management of telecommunications charges to deepen and improve the government's macro regulation and control of prices by market mechanisms. For people very concerned about the Telecom Tariff will study the formulation of tariff cap management evaluation programs and procedures, reasonable rates hot issues to resolve. on rival telecom companies for the purpose of excluding a variety of unfair price competition, must be resolutely stopped, for the legitimate rights and interests of consumers against the various tariff violations acts, to be punishable by law.
With the issuance of 3G licenses, China's telecommunications industry will soon enter the 3G era. Experts suggest that in the tariff control, in general, our formulation of the principle of 3G tariff policy should be based on 3G as an opportunity to reform the control system of mobile charges, to consider changes in market competition, consider the features of 3G services, cost, considering the coordination between different services to promote market competition. In 3G times, to change the management of 3G tariffs way, mobile voice services determined by the enterprises themselves, the Government should be based on operator leading the competition in the market and the non-dominant position, the way to approval or filing; and data services from mobile operators set their own standard, the record should be . mobile voice should continue to maintain the current charging mode and two-way interconnection framework. tariff management continued to implement the common control of the government and enterprises, which is consistent with the state-owned enterprises of China Telecom's absolute control of the capital structure of capital requirements, the charges proved to be effective control way, the need to continue to retain.
analysts believe that the telecommunications law will further relax the control of telecommunications charges, and create conditions for market competition, the current draft law on telecommunications pricing of telecommunications charges in the future provide a more relaxed legal space. It is understood that telecommunications The draft law now provides for the implementation of the transitional tariff principles of telecommunications, the progressive introduction of telecommunications charges by the government price, government guidance to market adjustment of the transition. the face of the new 3G era situation in the telecommunications market, telecommunications law for telecommunications charges, if yes, how?
9
can resolve the concerns of credit-building telecommunications?
Bank Credit Authority, Dai said recently, mobile phones into personal credit arrears information system. However, because cell phone information scattered in arrears the country, local standards are inconsistent, difficult to summarize them. central banks and the active cooperation of Ministry of Information Industry is estimated to achieve a breakthrough during the first half of this year. Dai said that with credit system, improvement of any enterprise or individual, any time any place in any national bank credit records will be shared in the country. It is understood that the central bank led by the construction of a unified national credit system, individuals and businesses have opened in 2006, it covers all financial institutions in the network. enterprises and individual commercial banks and other financial institutions to open settlement, loans, guarantees, credit cards and other credit information are included. the financial institutions for business and personal credit in business, both to business and personal credit history check credit prior to approval as an important conditions.
experts point out that for a long time telecommunications users and malicious arrears arrears are quite common, and some malicious arrears in the different operators at the consumer, but also not investigated. a digital display, only the end of 2001, China's fixed telephone arrears to have up to 200 billion yuan, accounting for 7% of the total telecom business, and every year by 20% annually. arrears problem is that few users due to the lack of consumer credit, from the perspective of telecom enterprises need to actively respond to . With the rapid development of mobile communication, mobile phone customers owe an increasing trend, and the use of mobile phone fraud and other crimes are common occurrences. At the same time, lack of credit in order to prevent the implementation of a malicious user repeatedly delinquent, or lack of credit and other acts of fraud, more business to avoid the loss of telecom, mobile phone users need to implement real-name system as soon as possible, so that all telecommunications companies to share customers with banks and other institutions of credit resources, restricted acts of dishonesty, the momentum to curb delinquent. In fact, dishonesty arises The key lies in the lack of relevant regulations and guidelines, so that violators advantage of the loophole. Telecommunications Act can solve the credit-building telecommunications, relying on the force of law to regulate individual and corporate acts of dishonesty it?
concerns 10
Telecommunications Users can check the court records and related data call?
Yiyang County Court in 2003 with administrative cases in the implementation process, the requirements of mobile communication business department of the county to provide details of a single user's phone communications, mobile Communication companies to Check the data communications to mobile communication users of legal answers. Hunan LAC who believe that the user communications in the CDR data is constitutionally protected areas of communication secret, the people's court in accordance with Code of Civil Procedure investigation and evidence collection should be consistent with the Constitution, must not violate the fundamental rights of citizens .2004 April 9, the Office of the Law Committee of the NPC Standing Committee issued a law re-engineering Office [2004] No. 3 exchanged views and agreed to the Hunan Provincial People's Congress Law Committee asked the advice. views out, the relevant court returned a fine of 5 from similar disputes. However, a series of subsequent cases show that it has not been the Office of the Law Committee of the NPC Standing Committee approved the advice of an abrupt end.
2005 年 10 月20, Dongtai, Jiangsu Province, Changzhou court personnel to the implementation of branch-owned telecommunications business hall of Wu Tong asked the owner data query telecommunications users. Changzhou telecommunications subsidiary response, according to the Constitution and the Telecommunications Ordinance, the fourth ten sixty-sixth of the Ordinance, Telecom People's Court can not check the user's data and information. then, the implementation of court personnel in Dongtai Telecom Changzhou Branch reception, once again requested information query data telecommunications users still refused. The court then Wu Tong branch in Changzhou Telecom Business Office, Changzhou Telecom subsidiary to a fine of 30,000 yuan. Changzhou Telecom subsidiary to the Yancheng City Intermediate People's Court for reconsideration, sought to withdraw a fine decision. Yancheng City Intermediate People's Court rejected his application on December 2 .2005, Dongtai Court 6 million fine execution in place.
2006 年 2 23, Tonggu County in Jiangxi Province in the courts in adjudicating cases, according to the parties to apply to the retrieval of Yichun, Jiangxi Mobile, paint the victim in a case of phone call records and related information Mobile investigators who presented to the court of a law re-engineering Office [2004] 3 copies of documents, rejected the call to provide a record of paint .3 14, the court investigators re-investigation of the company still refused. To this end, the company Tonggu County court decision on punishment a fine of 30,000 yuan. Yichun Mobile refused to accept the application for reconsideration .4 6, Jiangxi Yichun City Intermediate People's Court made the maintenance of Tonggu County People's Court of Jiangxi Yichun Mobile 3 million fine reconsideration decision.
County, Nanchong City People's Court West charge in the implementation of court dispute with lending, due to deliberately hide their identity and address of the executed, resulting in obstructed the implementation of the case up to 6 years. April 2006, the West County People's Court Court charging police officers finally get a debtor's landline phone numbers in Chengdu, the Sichuan Telecom Company Limited, Chengdu Branch to investigate the landline telephone account information, but was rejected .5 15, West County People's Court in accordance with the relevant charge and the law, telecom companies ordered to immediately assist in the investigation of Chengdu, evidence collection and a fine of 30,000 yuan.
2006 年 8 7, Jiangyong County, Hunan Province People's Court Executive Board with civil cases because of the need for implementation to the requirements of Mobile Business Department Jiangyong inquiries on a user's CDR. move the company believes that the fourth ten accordance with the Constitution, and Article Telecommunication Ordinance sixty-sixth National People's Congress Law Committee of the Office of the Law Engineering Office Complex [2004] 3 documents, retrieval of people's courts do not have information on the user's information, then refused to check .8 18, River Court in the case of the hospital with peach personal injury compensation in disputes, according to one of the parties The application for the sales department to help move the company is accessible Jiangyong the other party phone call information, suffered another refused to .8 24, 25, Jiang Yong County Court to move the company has delivered two fine Jiangyong decided Sales books, fines are 3 million.
through the above cases, we can see, the people's court communications and communications companies to investigate the dispute has the right to this phenomenon is no longer a simple act according to law, because telecommunications companies are acting in accordance with the law, people's courts also act in accordance with the Telecommunications Act to make clear that this can resolve the differences between law and what law ?
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