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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:
etwork Interconnections effected simultaneously on a nationwide scale that do not require the establishment of new Interconnection Points and only require increasing the capacity of the network or upgrading the network, service shall commence within four months af

ter the date of commencement of Interconnection.

  For network Interconnections effected simultaneously on a nationwide scale that only involve exchange data modifications, service shall commence within two months after the date of commencement of Interconnection.

  When necessary, the Ministry of Information Industry will impose specific requirements on the time for the commencement of service for network Interconnections effected simultaneously on a nationwide scale.

  Article 29 For network Interconnections not effected simultaneously on a nationwide scale the Non-leading Telecommunications Carrier's organization at or above the provincial level shall submit by hand a written Interconnection request to the provincial level organization of the Leading Telecommunications Carrier on the basis of the progress of the work on its own network or the circumstances of its network operations, and Interconnection work shall commence once it submits the request to the communications regulatory authority of the province, autonomous region or municipality directly under the central government for the record. The provincial level organization of the Leading Telecommunications Carrier may not refuse to accept the written Interconnection request submitted by the other party.

  The Interconnection parties shall enter into a works agreement before commencement of the Interconnection work. The entry into the works agreement shall not affect the progress of the overall Interconnection works. Before the commencement of service, the parties shall enter into agreements on the mutual access to services, post-Interconnection network management and inter-network settlements. Consultations on the agreements may be conducted simultaneously with the implementation of the works.

  If the network Interconnection requires the establishment of new Interconnection points, service shall commence within seven months of the commencement of Interconnection.

  If the network Interconnection does not require the establishment of new Interconnection Points and only requires increasing the capacity of the network or upgrading the network, service shall commence within four months after the date of commencement of Interconnection.

  If the network Interconnection only involves exchange data modifications, service shall commence within one month after the date of commencement of Interconnection.

  When necessary, the communications regulatory authority of the province, autonomous region or municipality directly under the central government shall impose specific requirements on the time for the commencement of service for network Interconnections.

  Article 30 If, during the course of effecting Interconnection, the Interconnection cannot be completed within the prescribed Interconnection time limit as a result of an objective reason, the time for Interconnection may be postponed subject to the approval of the two Interconnection parties and reporting of the matter to the Telecommunications Regulatory Authority for the record.

  Article 31 The two Interconnection parties shall report the Interconnection commencement date, the service commencement date, and the quality of the inter-network communications during the first three days after the commencement of service, to the Telecommunications Regulatory Authority in writing within 30 days after the commencement of service. The Telecommunications Regulatory Authority shall announce the same in an appropriate manner, depending on the specific circumstances.

  Article 32 The Telecommunications Regulatory Authority shall regularly or irregularly convene Interconnection coordination meetings of the concerned telecommunications carriers to supervise the resolution of problems encountered during the course of effecting Interconnection.

  The Telecommunications Regulatory Bureau of the Ministry of Information Industry shall report on t

he status of Interconnection work to the communications regulatory authorities of the provinces, autonomous regions and municipalities directly under the central government and the concerned telecommunications carriers.

  PART SIX POST-INTERCONNECTION NETWORK MANAGEMENT

  Article 33 The Interconnection Points for Interconnections established at network Interconnection exchange addresses determined by the Ministry of Information Industry shall remain relatively stable. In principle, changes to existing Interconnection Points shall not be permitted.

  If a Leading Telecommunications Carrier unilaterally requests making a change to an existing Interconnection Point, it shall submit its plan for the intended modification to the relevant telecommunications carrier beforehand and may only commence modification works after reaching an agreement with the other party through consultations. The modification works shall be completed within seven months. The costs of the modification works shall in principle be borne by the Leading Telecommunications Carrier.

  Article 34 If a network capacity increase or upgrade by either Interconnection party could affect the communications of the subscribers of the other network, the circumstances shall be reported to the other party in writing three months in advance.

  If adjustments to the routing, relay circuits, signalling method, exchange data, software versions, etc. within the network of either Interconnection party could affect the communications of the subscribers of the other network, the circumstances shall be reported to the other party in writing 15 days in advance.

  Article 35 A Telecommunications carrier shall cooperate with adjustments to the inter-network routing, relay circuits, signalling method, exchange data, software versions, etc., in order to ensure that the quality of inter-network communications meets requirements.

  Article 36 Telecommunications carriers shall clearly divide the responsibilities for inter-network operation and maintenance, regularly carry out joint analyses of the quality of inter-network communications, establish a system for mutual reporting on the quality of inter-network communications and make regular reports to the Telecommunications Regulatory Authority. The Telecommunications Regulatory Authority shall arrange for the convening of communications quality coordination meetings based on the specific circumstances.

  Article 37 Telecommunications carriers shall establish a system for handling inter-network communications malfunctions. If either Interconnection party discovers an inter-network communications malfunction, it shall notify the other party in a timely manner and the parties shall mutually cooperate to jointly handle the malfunction. The time limit for handling inter-network communications malfunctions shall be the same as the time limit for handling similar malfunctions on the parties' own networks.

  Article 38 Without the approval of the Ministry of Information Industry, no telecommunications carrier may cut inter-network communications. Telecommunications carriers shall establish a reporting system for major breakdowns in inter-network communications. If inter-network communications are cut or seriously impaired, the telecommunications carriers shall promptly adopt effective measures to restore communications and timely report the matter to the Telecommunications Regulatory Authority.

  For the purposes of the preceding paragraph, the phrase "inter-network communications are seriously impaired" means that the inter-network connection rate (answer bid ratio) is less than 20% or that such circumstances as time lags clearly perceptible to subscribers, call loss or static, etc. arise.

  PART SEVEN MEDIATION AND HANDLING OF INTERCONNECTION DISPUTES

  Article 39 The Telecommunications Regulatory Authorities shall resolve Interconnection disputes betw

een telecommunications carriers pursuant to the procedures for the resolution of telecommunications network Interconnection disputes formulated by the Ministry of Information Industry.

  Article 40 During the course of effecting Interconnection, if a dispute over any of the issues set forth below arises between telecommunications carriers with the result that the Interconnection cannot be continued or if, after Interconnection, a dispute over any of the issues set forth below arises between telecommunications carriers with the result that the mutual access to network services is affected, either party may apply to the Telecommunications Regulatory Authority for mediation:

  1. the technical plan for the Interconnection;

  2. the Interconnection network functions and the provision of communications facilities;

  3. time limits for the Interconnection;

  4. the provision of telecommunications services;

  5. the quality of inter-network communications;

  6. Interconnection related costs;

  7. other issues requiring mediation.

  Article 41 After a Telecommunications Regulatory Authority receives an application for mediation, it shall conduct a preliminary examination of the contents of the application. If upon examination the Telecommunications Regulatory Authority discovers that the contents of the application clearly fail to comply with relevant State regulations or clearly exceed the scope of its authority, it shall give the applicant a written response refusing to accept the applicat

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