The Law Studies Of Regulation The Telecommunications Industry Monopoly

On March 14, 2006, take "the unimpeded network, the good faith service" "in 2006 the telecommunication" serves the annual meeting as the subject to conduct in Beijing. Telecommunications industry question and so on grade of service time widely is asked with the discussion. As a result of telecommunications industry foundational and public welfare, causes it from to start to develop to the present, its every action and every movement all are concerning general populations' benefit, is affecting populace's heart.Our telecommunications industry is the typical public enterprises, and the telecommunications industry to rely on their own natural monopoly advantage has been a connection, administrative exclusive monopoly of the institutional framework. However, with advances in telecommunications technology, natural monopoly gradually weakening, China began a series of reforms from the experience of individual countries.1994, to follow the English double oligopoly competition, the then Department of joint electronic Railways, the Ministry of Electric Power, China Unicom set up, but mainly operating paging. February 1999, the Ministry of Information Industry of China Telecom Corporation decided to begin the reorganization, the original China Telecom moves into a new China Telecom, China Mobile and China Satellite Communications three companies, and this company, the company received a presidential TieTong telecommunications companies and the Business licence. October 2001, China Telecom was the programme of North-South division. After setting a new pattern of reorganization, which included five major telecommunications tycoon China Telecom, China Netcom, China Mobile, China Unicom and China Satellite Communications Corporation.This series of reforms, to some extent, formed the basis of operational networks in several levels of competition. In the fixed telecommunications market, China Telecom and China Unicom by the two companies own, building their own network and competitive domestic and international long-distance business, and municipal operations;In the mobile communications market, China Mobile and China Unicom launched two competitive business;while China Telecom, China Mobile, China Unicom, 5-6 data transmission business; in the domestic satellite transponder leasing market, the Chinese telecommunications and broadcasting satellite companies, Eastern European made satellite communications companies and three companies for competitive business communications.However, my competition is only the beginning of the telecommunications industry, the North-South division is essentially a continuation of a monopoly, fixed communications networks are still operational monopoly. Our telecommunications industry is the existing institutional framework of the national reform model up, but has not formed its own system. Operators have their monopoly of a single business telecommunications services inefficiency and poor quality of services, telecommunications enterprises uncompetitive and administrative monopoly is still very serious, thereby greatly damaging our market competition order.At present, China's telecommunications industry for legislation primarily through the system of laws and regulations to achieve : "The People's Republic of China for Countering Unfair Competition Law," "The People's Republic of China prices Law," "PRC Telecommunications Regulations", "public interconnected network management requirements", "dedicated telecommunications network interconnection regulations and Gongyongdianxinwang", "telecommunications network solutions dispute between Internet," and "telecommunications service standards (trial)" and "telecommunications equipment into the network and management practices", "telecommunications network code of resource management procedures", "the liberalization of the telecommunications business operating define" etc. laws, administrative regulations and departmental rules. Telecommunications monopoly legislation and the system only the "Anti-Unfair Competition Law" provisions. 6 of the Act provides that : "public enterprises with a monopoly position or other operators, others may not be limited to the purchase of its designated operators products to the exclusion of other operators fair competition." In addition, the State Administration of Industry and Commerce in December 1993 issued by the "Convention on the Prohibition of several public enterprises restrict competition provisions" of the four enumerated various public enterprises restrict competition, Including limited users, consumers can only purchase and use of its collateral provided by the relevant commodities;Limited users, consumers can only purchase and use their designated operator of the production or distribution of goods; Mandatory users, and consumers to use their purchasing unnecessary goods and accessories provided; Mandatory users, the designated operators to provide consumers unnecessary commodities; to test product quality, performance, etc. as a pretext for blocking users, consumers purchase and use of other operators to provide the required technical standards consistent with other commodities; Not unreasonable conditions for receiving its users, consumers refuse, suspend or reduce the supply of related goods or overcharging and other restrictions competitive behavior. These laws and regulations of the telecommunications industry monopoly regulations system is far from enough, the current monopolistic telecommunications industry to prevent access to the network more performance in the number and distribution of resources such as frequency spectrum limitations competitors。Thus, our country is urgent needs to formulate "Antimonopoly law", and establishes take "Antimonopoly law" as the core, take profession legislation and other correlation laws and regulations rules and regulations as supplement rules and regulations telecommunications industry monopoly legal framework.