Domestic Mobile Operators, Telecom Rules Under The Gats Framework Understanding And Thinking

Telecommunication is the most important part of the international trade in services. In the WTO system, most of the agreements directly related to telecommunications services are under the framework of (GATS). The GATS controls most services field including telecommunications services, is the "game rule" of the international trade in services. The adaptability of many principle and clause in GATS is greatly reduced by the specificities of the telecommunications services. Consequently the WTO constituted for the telecommunication sector, carried on a independent negotiation on basic telecommunications, made terms on some agreements such as and , constantly expands the connotation of GATS telecommunication rules.In the framework, GATS is the technical annex in the purpose of that basic principles and terms of GATS could adapt to the public telecommunications transport networks and service better. The main idea of the annex is that each member shall ensure any service supplier of any other member is accorded access to and use of public telecommunication transport networks and services on reasonable and nondiscriminatory terms and conditions, for the supply of a service included in its schedule; The is the result of specific basic telecommunications services negotiation after the Uruguay Round, with a central meaning that commits in terms of impersonality and impartiality partly or wholly open the basic telecommunications services market to other member without discrimination. The main content of the agreement is the schedules that committed time schedule and access condition of basic telecommunications services market opening; The is a annex of ,which is a common reference use for the members submit telecommunication regulation law environment commitments. The telecommunication sector governor of each member could make different explanation and adaptation on it, declares wholly,partly accept or refuse the document.In the Chinese commitment on telecommunications service, joint venture that controlled by domestic investment is the only allowable commercial presence, so the GATS telecommunication rules are not only the rules control the international trade in telecommunications services, but also the law environments regulate the domestic mobile operators. This article tries to comprehend the rules on view of domestic mobile operators, and makes some analysis and consideration on domestic mobile telecommunications services situation. Because the telecommunication rules are constituted for the whole telecommunication sector, so the analysis includes not only specific consideration of the mobile operators, but also some common comprehensions of all telecommunication operators and governors.Summarize the analysis, the telecommunication rules base on the common principles of trade in services, according to the specificities of telecommunications services, break down the monopoly of telecommunications services market, offer a fair competition relationship and establish a multilateral commitment framework of telecommunications services market opening with a view to the expansion of trade in telecommunications services under conditions of transparency and progressive liberalization. These will offer fair market access opportunities to the domestic (joint venture) mobile operators and build up an equal competition environment. But on the other hand, there are still many questions on the adaptability of the mobile telecommunication and GATS telecommunication rules because of the technical specificities of mobile telecommunication.Furthermore, the article analyses the Chinese telecommunication service commitment, think that the entrance of foreign investment will infiltrate gradually, cultivate the market and then gain the strategic profi...