Study On Legal Problems Of Interconnection

In1994, the establishment of China Unicom marks the ice-breaking of the unifiedtelecommunications market situation, China’s telecom industry experienced therestructuring of the telecom industry in2008. The problems of the telecominterconnection are the key of the telecom market reform to success in China. As aWTO member, China should establish the interconnection legal system withinternational standards under the WTO system, referencing other countries experienceto solve the problems of interconnection in China. This dissertation tries to study onthe basic questions of interconnection. By the analysis of each basic question of theinterconnection, the author put forward own suggestions for the interconnectionlegislation in China.This article includes eight chapters as follows:The first chapter is about the legal relationship of the interconnection. Firstly, thischapter introduces the traditional meaning of the interconnection and its newdevelopment, and the interconnection types. It includes the analysis on the legalrelationship of the interconnection, proposing the five principles of the interconnection.Finally, the importance of the interconnection is stated from outside requirements andindustry effective competition security.The second chapter is about the laws of the interconnection. This chapterdescribes the rules of the interconnection in international law and domestic law. On theone hand, it introduces the international legislations of the interconnection from theperspective of the obligations of interconnection for WTO members； On the otherhand, it introduces the domestic legislations of the typical countries.The third chapter is about the regulators of the interconnection. This chapterdiscusses the definition and classification of the interconnection regulators. On thatbasis, it puts forward four principles of setting the regulatory institution, and finally describing the asymmetric control, regulating means and regulatory contents.The fourth chapter is about the legal problems of the interconnection agreements.This chapter discusses the forms and contents of the interconnection agreements,proposing that the performance of the interconnection agreement should be based onthe fully implement principle.The fifth chapter is about the property right problems in the interconnection. Thischapter analyzes the right-of-way of private property and public infrastructure.The sixth chapter is about the dispute resolution mechanism. This chapterdescribes the concept, characteristics and types of the interconnection disputes. As wellas, it describes the goal for the realization of the interconnection, and having thecomparative research on dispute processing institutions and the legal rules of theinterconnection.The seventh chapter is about the corporation of telecommunication law andcompetition law. This chapter analyzes typical cases and proposes suggestions.The eighth chapter is about the legislative suggestions for improving theinterconnection in China, which are the conclusions of this article. Firstly, it introducesthe five development stages and the present legislative status of the interconnection inChina. Based on the analyzing the typical cases of the interconnection disputesbetween operators, it discusses the problems of the interconnection in China, and theeconomic and legal reasons. Finally, the author proposes suggestions.