A Legal Discussion On The Cost-Based Telecommunications Interconnection Charges Principle

Along with the deepening of the reform and the increasing competition of telecom market, the limitations between China's interconnection charges system has become more and more obvious. The fact that more and more controversy and contradictions happening between telecommunication operators has shown that the system of interconnection charges no longer meet the development of China's telecommunications industry.In this paper, the legal relationships refer to the interconnection charges are expatiated, and then the analysis expands to the subject, object and rights and duties in every legal relationship of the whole legal system. Also, according to the principle of law projected an on view in which the interconnection charges of telecom should be cost-based, And this principal strikes a good interest balance between operators, operator and the community and the sate regulation and competition.However, when comes to the actualizing, the principals are often deviated from, It is necessary to carry out a systematic settlement on interconnection charges system, After analyzing the problems of interconnection charges, a systematic solutions has been projected in this paper, First of all, an authoritative basic law "Telecommunications Act" is proposed to be legislated in which the cost-based interconnection charges principal is clearly expatiated; Secondly, the object and purpose of the interconnection charges settlement system should be established; And the third, historical cost method of settlement should be reflected, namely, the historical factors should be seriously considered in the specific interconnection charges affairs; Finally, perfect other related system to promote the realization of other cost principles.