Study Of China Telecommunication Anti-monopoly Law And Regulation

Information transfer since ancient times is a matter of important issues topeople exchanges and contacts with the socio-economic and cultural development,gradual diversification of the ways and means of information transfer andmodernization of the telecommunications industry has also gradually become theworld’s an important socialindustries.However, due to treat the transmission ofinformation on the official monopoly problem in the history of our country and inthe early days of our country to determine the national monopolytelecommunications industry, the industrial system, making our country hasexperienced several telecom industry reform and access to3G telecommunicationdevelopment period still exist Telecomthe industry’s monopoly problem. In thedevelopment of modern information industry in the development process of the rapiddevelopment of the global telecommunications industry and the telecommunicationsindustry is also isolated from non-natural monopoly property business stage, themonopoly of the telecommunications industry will be a serious impediment toChina’s telecommunications industry is more serious will affect China’s strategicemerging industries and a direct result of national economic development lagsbehind.The telecommunications industry is the existence of the monopoly problem isno longer a new topic today is once again examining the legal regulation, mainly inChina’s telecommunications industry has undergone several split the final formationof the new competitive landscape and with the3G licensespayment of three maintelecom operators in the field of mobile communications has been a new point ofcompetition in the field of broadband access still has a natural monopoly’s monopolybehavior, and for this phenomenon in China Development and Reform Commission,China Telecomantitrust investigation, and China Unicom, two major broadbandaccess field of absolute market dominance and monopolistic behavior in this areawill directly affect China’s triple play and a range of emerging industries. Therefore, problems in China’s telecommunications industry at this stage, once again raised theantitrust laws and regulation of the telecommunications industry is a certain sense.The departure of the first part of this market position of the main start of China’stelecommunications industry, China’s telecommunications industry there is a naturalmonopoly business and non-natural monopoly business and pointed out that themonopoly of the operating performance of China’s telecom market, regulation isdiscussed laterThe monopoly of the telecommunications industry to provide arealistic basis.The second part of the major developed countries of the analysis ofextra-territorial legal regulation of monopoly business activities of the nationaltelecommunications industry. And analysis to learn from the experience of legalregulation, in order to play a certain role in enlightening the regulation of China’stelecommunications industry antitrust laws.The third part focuses in China for the monopoly business activities of thetelecom companies have what legal regulation comes to the legal regulation and isnot merely a list of laws and regulations, including the restructuring of China’stelecom reform process, splitwhether to play the first to break the monopoly effect.Finally, the draft of the "Telecommunications Act" widespread concern the directionand trend of China in the future regulation of the telecommunications industry.The end of this part of China’s current legal regulation of the telecommunicationsindustry a number of improvement recommendations. First of all like to put forwardthe draft for the "Telecommunications Act" on the establishment of an independenttelecommunications regulatory agencies, and through legislation to establish its legalstatus, institutions and major responsibilities of some of the problems, which madeChina’s telecommunications industry regulatory laws to go by. Also made somesuggestions in terms of liberalization of the telecommunications market to theintroduction of non-state capital, and interoperability. Followed in the AML alsoproposed the establishment of a unified anti-monopoly law enforcement agenciescan play to increase the anti-monopoly law enforcement, and strengthen the role ofantitrust law enforcement effectiveness. Finally, in the context of global telecommunications are beginning to pay attention to the interests of consumers, theanti-monopoly of the telecommunications industry and consumers’ legitimate rightsand interests associated in the Consumer Protection Act, involving the interests oftelecommunications users is also very necessary.