A Legal Research On Telecom Asymmetric Regulation Systerm

With the abolition voice of the telecommunications asymmetric regulation, the existence of asymmetric regulation was questioned. Their reasons are that the purpose of setting up the asymmetric regulation system does not exist, that the system has hindered competition in China's telecommunications industry, and that the system applied in the United States led to a high merger tide of the United States telecommunications enterprises. However, are the reasons put forward by many economists said really that asymmetric regulation system applied in the telecommunications field has come to the dead end?In this paper, from a legal point of view, it will be considered whether asymmetry regulation system is rational used in the telecommunications industry. A good system is benefit for the promotion of effective competition, and is established on the principle of balance in the interests. It can balance the interests of telecommunications enterprises and reasonably arrange the rights and obligations through the rational design, so it can achieve the purpose of development of the industry.Asymmetric regulation system in China has been a decade-long exercise, but the implementation result is not satisfactory in all fields, for the reason that in the circumstances that the "Telecommunications Act" has not yet promulgated, the absence of telecommunications industry legal system led to not enough of the implementation, and difficult operation; The issue of the "Anti-Monopoly Law" can't solve the problem of absence of the telecom industry legal system. The "Anti-monopoly law" as after regulation should run on the parallel road with the telecommunications industry laws as prior regulations to jointly deal with the legal issues of the telecommunications industry; Furthermore, the existing pattern of effective competition has not yet exist, and the established purpose of the asymmetric regulation system has not been changed, so there are still the reasonable existence grounds for it. In his paper, based on the recent system, I try to design a system and make a reasonable arrangement for the shortcomings of the content of the asymmetric regulation system in order to make effective legislative proposals during the discussion stage of the "Telecommunications Act" to promote the competition in the telecommunications industry.In the whole system of Asymmetric regulation, the dominant carrier standard is the fundamental of system setting up. There are contradictions and conflicts of the dominant carrier standard in the China's relevant laws. It can be determined by learning from foreign experience and China's special conditions. The dominant carrier standard does not only exist in the fixed fields, with the rapid development of the field of mobile, the asymmetric regulation should also be established in the field of the mobile carriers. The standard of the dominant carrier should stand on the segment perspective, and consider market share, the size of the business, development potential, the potential of the business market competition and collective monopoly, and so on.The scope of application of Asymmetric regulation are market access, interconnection, universal service, fee control, number portability, several network competition. Through analysis of this approach, this paper pointing out that all existing problems in the field of application, and give a new view to examine asymmetric regulation use in these areas. In the area of market access, at this stage, it is unable to leave all areas' permit system. It should gradually relax the telecommunications market from differentiate to different areas, and this access system is more suitable for the current market system. Interconnection is key areas of the use of asymmetric regulation. There are a lot of targeted regulations to correspond, but since there is no effective mechanism for supporting operation, the produce very shallow. At present, the asymmetry regulation in this area should set up more details, such as a standard agreement established in the interconnection carriers, the identification of a dominant carrier's reporting obligations, responsibilities of the system and the corresponding civil relief mechanism of non-dominant carriers. Asymmetric regulation of Price controls has relaxed, but in the field of mobile the asymmetric regulation is still needed. But the control should be transformed from a purely giving preferential treatment to price cap regulation, and on the price cap regulation. It should give the new carriers certain convenience for approval process, such as record-keeping system, and the dominant carriers the examination and approval system, in order to put heavier burden on the carrier obligations in the procedure; In price cap regulation, it is considered not only the interests of dominant carriers, but also the non-dominant carriers, and it is need to establish a relief mechanism to the interests of the dominant carrier to avoid a vicious price war. The establishment of universal service fund has become an irresistible trend, but about the problem how to make use of universal service fund to provide universal service, many theories support the open bidding, but I think there is a reasonable use of asymmetry regulation in this area. On the use of the universal service Actors, it should constraint dominant carrier bidding so that the non-dominant carriers could bid to seize a limited share of the market. That is because the provision of universal service is a way of to occupy the limited market, and it is not conducive to the promotion of the telecommunications market competition if the dominant carrier possess this way. Number portability business relations with customers resources, and major strength of the competition of the carriers, so if here is no application of asymmetry regulation, the control system unable to operate. Similarly, the number of network competition involving more interests, and how to balance the interests of all parties is the focus adjustment of the asymmetric regulation. Asymmetric regulation systems need to rely on the good implementation of an independent telecommunications regulator and a reasonable system of accountability established, otherwise the system is useless.In short, in order to support the small and medium-sized carriers of the telecommunications industry, recommend introduction of foreign telecom carriers, and prevent dominant carrier from abusing dominant market power, China should use the opportunity of promulgation of the "Anti-monopoly Law" to speed the introduction of the "Telecommunications Law". In various areas of the telecommunications industry that the Asymmetric regulation system can be applied, it is important to establish and strengthen asymmetric regulation system, and to establish and perfect the accountability system to ensure that they are fully protected and enforced.