公用电信网间互联管理规定 Administration of the Interconnection of Public Telecommunications Networks Provisions
2009-03-24 法律英语 来源:互联网 作者: ℃信息产业部令第9号
(Promulgated by the Ministry of Information Industry on, and effective as of, 10 May 2001.)
颁布日期:20010510 实施日期:20010510 颁布单位:信息产业部
PART ONE GENERAL PROVISIONS
Article 1 These Provisions have been formulated pursuant to the PRC, Telecommunications Regulations, in order to safeguard the interests of the State and the lawful rights and interests of telecommunications subscribers and to ensure fair and effective competition among telecommunications carriers and timely and rational Interconnection between public telecommunications networks.
Article 2 These Provisions apply to the Interconnection of the telecommunications networks set forth below of carriers operating basic telecommunications services in the People's Republic of China:
1. fixed local telephone networks;
2. domestic long-distance telephone networks;
3. international telephone networks;
4. IP telephone networks;
5. terrestrial cellular mobile communications networks;
6. satellite mobile communications networks;
7. internet backbone networks;
8. other telecommunication networks specified by the Ministry of Information Industry.
Article 3 Interconnection between telecommunications networks shall be effected in accordance with the principles of technical feasibility, economic rationality, equitability, fairness, and mutual cooperation.
Article 4 The Ministry of Information Industry and the communications regulatory bureaux of the provinces, autonomous regions and municipalities directly under the central government (hereafter collectively referred to as the Telecommunications Regulatory Authorities) are the authorities in charge of the Interconnection of telecommunications networks. The Ministry of Information Industry is responsible for implementing these Provisions on a national scale and the communications regulatory bureaux of the provinces, autonomous regions and municipalities directly under the central government are responsible for the implementation of these Provisions within their respective administrative territories.
Article 5 For the purposes of these Provisions, the following terms shall have the meanings ascribed to them below:
1. "Interconnection" means the establishment of an effective communications connection between telecommunication networks to enable the subscribers of one telecommunications carrier to communicate with the subscribers of another telecommunications carrier or to access the various telecommunications services of another telecommunications carrier. Interconnection includes the direct connection between two telecommunications networks to effect the sharing of services or the rerouting through a third party network by two telecommunications networks to effect the sharing of services.
2. "Interconnection Point" means the physical connection point where two telecommunications networks directly interconnect.
3. "Leading Telecommunications Carrier" means a carrier that controls the necessary basic telecommunications infrastructure, whose fixed local telephone service controls more than 50% of the market for the same type of service within the scope of the local grid and that is capable of materially affecting the entry of other telecommunications carriers into the market for telecommunications services.
4. "Non-leading Telecommunications Carrier" means a telecommunications carrier other than a Leading Telecommunications Carrier.
PART TWO INTERCONNECTION OBLIGATIONS OF TELECOMMUNICATIONS CARRIERS
Article 6 Telecommunications carriers shall establish an Interconnection organization responsible for Interconnection work. The Interconnection organization shall establish a normal work liaison system to ensure an open channel of communications between telecommunications carriers and the Telecommunications Regu
latory Authorities and among telecommunications carriers.
Article 7 Leading Telecommunications Carriers shall formulate Interconnection rules that include such particulars as the procedures, time limit and the number of Interconnection Points for Interconnection between networks, the addresses of the exchanges used for Interconnection between networks, the list of and charges for non-bundled network elements that are provided or rented out. Interconnection rules shall be submitted to the Ministry of Information Industry for approval before implementation. Interconnection rules shall be binding on the Interconnection and inter-communication activities of Leading Telecommunications Carriers.
Article 8 Telecommunications carriers may not refuse the Interconnection requests of other telecommunications carriers or violate relevant State regulations by restricting their subscribers' selection of telecommunications services lawfully operated by other telecommunications carriers.
Article 9 Leading Telecommunications Carriers are under obligation to provide Non-leading Telecommunications Carriers with information on the Interconnection-related network functions (including the network structure, signalling method, billing method, method of synchronization, etc.) and equipment configuration (optical terminals, exchanges, etc.) and with information on the use of such Interconnection-related communications facilities as the conduits (ducts), pole lines, cable inlets and troughs, optic cables (fibres), bandwidth and circuitry.
Non-leading Telecommunications Carriers are under obligation to provide the Leading Telecommunications Carriers with information on their plans and schemes for the Interconnection-related network functions and equipment configuration.
Each party shall maintain the confidentiality of the information provided by the other party and may not use such information to engage in activities not related to Interconnection.
Article 10 When Interconnection is established between the telecommunications network of a Non-leading Telecommunications Carrier and the telecommunications network of a Leading Telecommunications Carrier and the Interconnection transmission lines must pass through such communications facilities of the Leading Telecommunications Carrier as its conduits (ducts), pole lines, cable inlets and troughs, etc., the Leading Telecommunications Carrier shall cooperate by making the same available to the Non-leading Telecommunications Carrier without imposing any unreasonable conditions.
If direct Interconnection is established between the networks of two Non-leading Telecommunications Carriers and the Interconnection transmission lines must pass through such communications facilities of the Leading Telecommunications Carrier as its building stories, yards, conduits (ducts), pole lines, cable inlets and troughs, etc. the Leading Telecommunications Carrier shall cooperate by making the same available to the Non-leading Telecommunications Carriers without imposing any unreasonable conditions.
If the telecommunications regulatory bureau of the province, autonomous region or municipality directly under the central government determines that it is impossible for a Leading Telecommunications Carrier as mentioned in the preceding paragraph to make its facilities available, the Non-leading Telecommunications Carriers may resolve the Interconnection transmission line problem through the use of overhead lines, buried lines or another such method.
Article 11 The Leading Telecommunications Carrier shall provide, and the Non-leading Telecommunications Carrier shall effect, Interconnection within the prescribed time limit. Neither party may delay the Interconnection without cause.
Article 12 Telecommunications carriers shall implement the relevant technical standards and regulations for network Interconnection formulated by the Ministr
y of Information Industry.
The quality of inter-network communications shall comply with relevant State standards. Telecommunications carriers shall ensure that the quality of inter-network communications is not lower than the quality of communications for the same type of service within their respective networks.
Article 13 At the request of a Non-leading Telecommunications Carrier, a Leading Telecommunications Carrier shall provide telephone number directory services to the subscribers of the requesting carrier and, subject to the agreement of the parties, may handle inquiries for the listed numbers of the requesting carrier's subscribers in accordance with the rules on directory inquiries. The Non-leading Telecommunications Carrier shall provide to the Leading Telecommunications Carrier information on the listed numbers of the subscribers of its network in accordance with the rules on directory inquiries.
At the request of a Non-leading Telecommunications Carrier, a Leading Telecommunications Carrier shall provide special emergency services for reporting fires, reporting crimes, calling for emergency medical rescue, reporting of traffic accidents, etc. to the subscribers of the requesting carrier. The Non-leading Telecommunications Carrier shall conduct a test of the special emergency services on a daily basis. The parties shall jointly ensure the communications quality of the special emergency services.
Article 14 At the request of another party, a telecommunications carrier shall timely make available on such other party's network various telecommunications service access numbers (including abbreviated numbers), other special service numbers (including the service numbers used by the telecommunications carrier itself, service numbers for government services and service numbe
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