On Legal Measures Resolving Interconnection Issues In China

Thanks to the telecom reform inviting competition mechanism, the function of enterprises has been separated from the government and market-based operation was realized. In this context, the interconnection of telecommunication networks has emerged as a major concern. Inadequate interconnection and consequent disputes have greatly undermined the healthy development of China's telecom industry, causing loss and inconvenience. To some extent, the key for a successful telecom reform lies in appropriate settlement of the problems concerning interconnection. An effective system to resolve interconnection-related disputes is indispensable to the solution. Having liberalized their telecommunication markets much earlier, the developed countries have advanced effective regime arrangements and solution procedures concerning how to establish interconnect regimes and handle relevant disputes. It is therefore essential for China to draw upon their expertise so that we can improve China's legal system concerning interconnection and establish interconnect dispute settlement mechanism tailored to Chinese reality.Based on the importance of legal regulation of the telecom industry, the paper conducts economic analysis, comparative study and empirical analysis on the rationality and regime arrangements of legal remedies of interconnect disputes and reviews the remedy plans concerning interconnect disputes in Telecommunication Law. The logic structure and major content are as follows:In the first chapter, the paper conducts an economic analysis on the importance of interconnection and the rationality of legal regulation on interconnection, providing the theoretical foundation. Interconnect disputes can only be tackled through administrative regulation in line with the law rather than mere accord between operators after negotiation. Despite the regulation, however, disputes linger. Therefore, judiciary remedy afterwards is fairly important for fixing problems and filling gaps left by administrative regulation.In the second chapter, a comparative law approach is adopted in studying the differences and similarities of the legislatures on interconnection and interconnect dispute settlement in the US, Britain, and Japan, proving the conclusion in the first chapter. Despite different regime environments, the practices of legal regulation concerning interconnection in many countries present certain similarities. Based on different regime environments, many countries have established their legal regulation system and resolve interconnect disputes through legislative, judiciary and administrative regulatory agencies in order to ensure adequate interconnection and promote competition in the industry.In the third and the forth chapter, the paper studies the interconnect dispute settlement mechanism of China's telecom industry. In the third chapter, an empirical analysis is conducted on the typical cases in China, analyzing the inadequacy of current interconnect dispute settlement mechanism.In the forth chapter, the dissertation conducts in-depth research on the legal relationship involved in interconnect disputes and further makes legislative proposals regarding interconnection dispute settlement mechanism.