Research On Legal Regulation Of The Agreement Of Elimination Of Users’ Option Rights

Currently, in the telecommunications service market, telecom operator’s network coverage has become one of the most important factors of competitiveness in the network services business. The "last mile"(that is, Customer Premises Network "CPN"), located between the service providers and end users, is the foundation of telecom operators to provide services. For the telecom operators, access Customer Premises Network means that have the opportunities to provide services to large numbers of consumers. Therefore, the Customer Premises Network becomes the telecom operator competing for the limited resources, which leads anti-competitive acts seriously undermine the network service market competition order.Although, under the existing technology conditions, multiple telecom access into the same Customer Premises Network is possible. However, under the influence of factors such as investment costs, telecom operators prefer or tacitly, by the lowest-cost way to get operational benefit, rather than to get the business benefits through fair and free competition. Telecom operators and residential developers or property management companies signed an agreement that is eliminated the option rights of users, and this is the way that telecom operators can get more benefit. Agreements harm the interests of consumers and other business operators, this phenomenon has caused wide attention.This paper is divided into three parts to analysis the agreement that is eliminated the option rights of users.The first part introduces the background of the agreement that is eliminated the option rights of users. Community broadband services could bring huge benefits to telecom operators, get more user groups became prime targets for telecom operators. Telecom operators signed the agreement of exclusive access to customer premises network or construct customer premises network with community developers or property management companies, in order to obtain considerable and stable consumer groups. The agreements hinder the user’s choice of telecom operators, and damage the consumer’s right to choose. In the second part of the thesis, from a legal perspective to analyze the agreement that is eliminated the option rights of users. First of all, telecoms operators and community developers or property management companies are the two subjects of the agreement, and also the beneficiaries. Exclusivity clause in the agreement affects the interests of many other subjects. Telecommunication service consumers have been limited by the agreement, when choosing service providers. The consumers are the ultimate victim of the agreement. At the same time, other telecom operators are restricted when access to the area. This affected the competition of telecommunication market. Secondly, analysis the legal nature of the agreement that is eliminated the option rights of users from a different point of view. From the point of view of the protection of the rights and interests of consumers, this kind of behavior is the subjects that in the powerful position infringe the rights of the vulnerable groups. From the point of view of anti-monopoly law, this kind of behavior infringed the right to fair competition of other competitors. From the point of view of property law, this kind of behavior infringed the property rights of the owners of the community.In the third part, give suggestions from two aspects. On the one hand, from the perspective of anti-monopoly law, through the improvement of anti-monopoly law laws make this kind of behavior in regulation. In order to maintain fair and free competition in the market order, and guarantee the right to fair competition between the various operators. On the other hand, from the point of view of consumer protection, give consumers litigation rights to protect consumers’ rights and interests can get relief when damaged. At the same time, to guarantee the right to equal access to Customer Premises Network, to share Customer Premises Network, in order to ensure that consumers can free choose for the telecom operators.