On Legal Regulation Of China's Telecommunication Industry Interoperability Problems

Interconnection of the network systems between incumbent and new operators is theprimary topic when competition mechanism is introduces into the telecommunicationsindustry. Without interconnection, there is no efficient competition and developmentof the telecommunication industry. In the course of the reform of Chinesetelecommunications industry, the issue related to interconnection has hindered thetelecommunications industry to establish an effective competitive market structure.There are many reasons for the problem of interconnection. The deficiency in legalregulation system is one of them. This article tries to put forward a proposal forbuilding and perfecting the legal regulation system of interconnection in China, basedon discussing of the deficiencies of the present system, clearing up of the foreignpractices and summarizing of the experiences of the foreign practices.PartⅠ the Structure and Regulatory Reform of the Telecommunications Industry Inthis part, the author will discuss the characteristics of the traditionaltelecommunications industry, analyze the reasons for regulation reform, and define"interconnection". This part is general background.PartⅡ the Course of Regulatory Reform of Chinese Telecommunications Industry andthe Difficulties of Interconnection This part includes the analysis of the general courseof Chinese telecommunications industry reform, the status quo and the deficiencies ofthe legal regulation of interconnection.PartⅢ Foreign Practices of Regulating Interconnection and Common Experiences Inthis part, foreign practices of regulating interconnection and common experiences willbe analyzed. In justice practices, the United States and the European Union set up anddeveloped the "essential facilities doctrine". The doctrine mandated the incumbentoperators to open the network for access. In legislation practices, the United States,European Union and Singapore have constituted some relevant laws to regulateinterconnection. These countries have got some successful experiences and theexperiences are helpful to Chinese legal regulation of interconnection.PartⅣ Establish the Legal Regulatory System of Interconnection in Chinese In thispart, the author will put forward a proposal for building and perfecting the legalregulation system of interconnection in China. In terns of legislation, antitrust lawshould play a general role in regulating interconnection and regulation law oftelecommunications industry, especially the telecommunications law should play aspecific role. In terms of executing law, the independence of the executing organshould be strengthened. The ability of executing law should be improved. In terms ofjudicature, courts should have the right of interposition to regulating interconnection.This kind of interposition will effectively provide supplement for supervision andregulation of governmental departments and rapidly solve interconnection issues, aswell as compensating the damaged party. In terms of coordination of differentdepartments, the division of making clear the specific issues should be identified andreasonable effective consultation mechanism for coordinating telecommunicationsdepartments and anti-monopoly authorities should be designed.