Estabalishment Of The Sharing Law System Of Communication Network Infrastructure In China

Communication network infrastructure is an important part of telecommunication construction. Because of its characteristics of economies of scale,the scarcity and so on , it is very important to the telecom operators to enter the market and improve their competitiveness.However, due to many reasons, such as lack of relevant laws and regulations,the coordination of regulatory agencies not in place, there are many problems existing in the market of communication networks infrastructure.First of all, the problem of redundant construction is serious. This not only results in wastage of land resources and urban planning chaos, but also leads to heavy capital costs of telecommunications operators, which constrains the development of its own; Second, frequent phenomenon in vicious competition, based on the communication network infrastructure, disrupts the order of telecommunications market competition and impairs the interests of consumers; Third, due to the lack of fair and reasonable communications network infrastructure-sharing mechanisms, communications network infrastructure becomes a bottleneck to new entering carriers competing effectively with leading enterprises.Moreover, with the issuance of 3G licenses, China's third telecom restructuring ended, China's telecommunications industry enters into the 3G era. Three telecom operators will carry out a large-scale network infrastructure construction, if they are not implement the intensive construction and management, but the previous way of their own construction and operation of networks, which will not only cause a large number of redundant projects and waste of resources and funds inevitably, but also easily simple malicious competitions.Therefore, in order to avoid overlapping of infrastructure facilities of communication networks as well as the vicious competitive practices, plan of 3G network construction, prevent waste of resources, and establish a fair and orderly market environment for telecommunications, drawing on foreign legislative and judicial practice, we have to speed up the establishment of the sharing law system of communications network infrastructure, ensure that the establishment of a standardized communication network infrastructure market competition order, promote telecom industry sustained and healthy development.This paper, from the view of rights and obligations of telecom operators enterprise, proposes to establish the sharing law system of communications network infrastructure, which through the rational design, balances the interests of telecommunication enterprises, arranges reasonably the rights and obligations of enterprises, to avoid duplication and malicious competition, so as to establish a fair and orderly competition environment of communications infrastructure, achieve optimal distribution of resources, and promote the development of the telecommunication industry.The first part, mainly from the briefly introduction of communications network infrastructure, discusses the practical significance;The second part, analyzes the theoretical basis for the establishment of sharing law system of communications network infrastructure;The third part, with the method of comparative research, analyzes comparatively the background and situation about sharing law system of communications network infrastructure in other countries and Hong Kong , which China has been drawing on the establishment of the system;The forth part, discusses the relevant legal provisions about communications network infrastructure and their problems;The fifth part, the main body of this article. First of all, according to the specific circumstances of China's telecom network infrastructure market, we have a comprehensive discussion of the necessity and feasibility about the establishment of sharing law system of communications network infrastructure; Second, discusses the specific content of the system, from the basic principles, to the subject of the system, the object of the system, and the content of the system, and analyze the perfect way of related functions of the telecommunications regulatory agencies.