Legal Consideration On The Issue Of Chinese Personal Handy Phone System Withdraw From The Market

In 2009, Ministry of Industry and Information Technology (MIIT) announced that the 3G operation license is permitted, and"Chinese personal handy phone system"will withdraw from the market. The two recorded "heavy blows" have brought a great disturbance in the telecommunication industry of china. The telecommunication industry faces a major restructuring, and the Chinese PHS is inevitable to withdraw from the market. They cause a lot of legal disputes and many legal problems emerge. And the argument around rights and obligations have followed.In this paper, the writer discusses the following questions from the legal problems caused by the Chinese PHS issue. Firstly, the legality of control procedures in the telecommunications department of government; Secondly, the negative effect on the telecommunication market brought by the Chinese PHS issue. And it lays the foundation for the first principle----pro-competition principle of modern telecommunications law. Thirdly, the problem of right protection for the Chinese PHS users. In this part, the writer discusses the damages to customs caused by the Chinese PHS issue through two small cases. And it lead out an important principle of telecommunications law----the principle of universal service. By analyzing the legal issues, we come to the conclusion that a lack of telecommunications law is the root cause for the lack of rights and obligations.In chapter three, the writer does a comparative research on Britain and the United States'telecommunications laws, including a total of four old and new codes, and analyses how the telecommunications law acts as a stimulus to the telecommunications services and competition mechanism. The writer also analyses the telecommunications industry reform and legislative reform of Britain and the United States through historical analysis and comparative method, and refines the things we should learn from and absorb, and the study focuses on competing telecommunications industry from monopoly to make use of legal rules of the two countries.In chapter four, the article studies on the "Basic Telecommunications Agreement" of international telecommunications treaties of WTO system, and compares it with the our "informal Telecommunications Act"——"Telecommunications Regulations", then summarizes advantages and disadvantages of China's telecommunications legislation. And prospects the positive effects of Telecommunications Act to the telecommunication industry of our country within the framework of today's economic globalization.In this paper, the Chinese PHS issue acts as an open wire and the three main bodies——government, businesses and users act as a dark line. We can see the insufficiency of our telecommunication legislation through the problems caused by the Chinese PHS issues. The writer calls for the "Telecommunications Act" to come out as soon as possible by comparative studies, it could provide a good legal environment for the development of our telecommunication industry and escort for our "Powerful Telecom country".