The Legal Research On The Universal Service Of Telecommunication Industry Under WTO System

The telecommunication industry universal service is a right which each citizen should enjoy, its connotation lies in guaranteed "any person can enjoys the telecommunication service in any place with the affordable price, moreover the service quality and the fees treat impartially", this is also the telecommunication industry development final goal in fact. It was extremely given prominence by various countries. However for the telecommunication operator, It usually lost money in the poor and backwardness country where take high cost on the universal service of telecommunication industry. As the main body of the competition, the telecommunication operator, takes the main value of the enterprise orientation on the profit maximization, and put he limited resources to the beneficial business, the beneficial subscriber and the beneficial area. Consequently they cannot choose the high cost area to provide the service on own initiative. Therefore, many countries definite the universal service of telecommunication industry through the telegraphy. after the introduction of competition, some nations have revised telegraphy, specially joined with the related contents of telecommunication universal service, and established the mechanism of the cost compensation for the universal service of telecommunication industry.But our country still did not establish the legislation system to draw up the rules and regulations on the universal service of telecommunication industry. This article reviewed the universal service of telecommunication industry origin and the development, has proven legal framework necessity of the establishment of telecommunication industry universal service; Has drawn more perfect telecommunication industry universal service legislation from the developed countries such as US and from the developing countries such as India; has combined the regular system of WTO "Foundation Telecommunication Agreement" , requested our telecommunication operator to pledge duties by entering the WTO; Has analyzed the present situation of universal service of our telecommunication industry and the disadvantages on telecommunication industry universal service of the existing "People'sRepublic of China Telecommunication Rule", put forward the legislation proposal on the definition, the principle, the goal, compensation mechanism, management and implementation aspects and so on for the to-be publishing "telecommunication telegraphy".