Compararive Study On The Regulation Of Telecommunication Infrastructure

As the majority component of telecommunication regulation,infrastructure has become the main concern among many countries and regions especially in the legislative procedure.In addition,telecommunication services providers strongly rely on the telecommunication infrastructure. With the development of telecommunication industry, the legal provisions have been improved and modified, which required establish the market atmosphere that is suitable for the competition. The characteristics of telecommunication infrastructure which related to the public interest, economies of scale,scarcity of resources, etc. determine that it can not be naturally competing in the market. Therefore, it is necessary for telecommunication regulatory agencies to adopt administrative means to solve duplication construction and resource utilization phenomenon. In view of the recent development of telecommunication industry in China, this paper focuses on several legal issues which have not been effectively dealt with in the field of telecommunication infrastructure regulation, including the lack of independence of telecommunication regulatory agencies, imperfect construction access rules, and the lack of legislation on the construction and sharing of telecommunication infrastructure. This paper analyzes certain issues on the regulation of telecommunications infrastructure in the telecommunication laws of the European Union and its Member States, the United States, Singapore, Taiwan, Hong Kong and other countries and regions, using horizontal and vertical comparisons to analyze them and trying to get some reference from the mature practical experience. At the same time, according to the development of telecommunication industry and the market competition environment, the author gives reasonable and feasible legislative suggestions. The main research directions of this paper as followings : improving the independence of telecommunication regulatory agencies, perfecting the multi-subject access in the field of telecommunication infrastructure,simplifying the approval process of telecommunication infrastructure,designing the mechanism of conflict and resolution of the right of access and perfecting relevant judicial relief, redefining the ownership of telecommunications infrastructure ownership, as well as under the establishment of telecommunications infrastructure, building and sharing the legal norms. In addition, based on the summary of the legislative proposals that have been put in the previous chapters, the draft of the legislative proposals on the regulation of China's telecommunications infrastructure is drafted in the last chapter.