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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:
ion. If upon examination the contents of the application are found to comply with requirements, the Telecommunications Regulatory Authority shall formally commence mediation.

  Article 42 The Telecommunications Regulatory Authorities shall arrange for relevant persons to mediate Interconnection disputes between telecommunications carriers.

  Mediation shall conclude within 45 days of the date of commencement thereof.

  Article 43 If, after the conclusion of mediation, the parties to the dispute fail to reach a consensus, the Telecommunications Regulatory Authority shall randomly invite experts on telecommunications technology, economics and the law to publicly debate the issues. The Telecommunications Regulatory Authority shall render a decision on the Interconnection dispute on the basis of the opinions or proposals arising from the debate and enforce the same on the parties to the dispute.

  Article 44 Decisions shall be rendered within 45 days of the date of conclusion of the mediation. Decisions rendered by the communications regulatory authorities of the provinces, autonomous regions and municipalities directly under the central government shall be submitted to the Ministry of Information Industry for the record. The Telecommunications Regulatory Authorities shall publish their decisions in an appropriate manner.

  Article 45 Once the decision has been made, the parties to the dispute shall perform it within the time limit specified in the decision.

  If one or both parties to the dispute are dissatisfied with the decision, it/they may apply for administrative review or institute administrative proceedings according to the law. Implementation of the decision shall not be halted during the review or administrative proceedings.

  PART EIGHT PENAL PROVISIONS

  Article 46 If anyone violates Article 9, 10, 11, 12 (first paragraph), 13, 14, 15, 21 (second paragraph), 33, 35, 36 or 37 hereof, the Telecommunications Regulatory Authority shall ex officio issue an order for rectification and impose a fine of not less than Rmb 5,000 and not more than Rmb 30,000, depending on the seriousness of the circumstances.

  If a violation of the preceding paragraph causes direct financial loss to another telecommunications carrier, financial compensation shall be paid to the said telecommunications carrier.

  Artic

le 47 If anyone violates Article 8, 12 (second paragraph) or 45 hereof, the Telecommunications Regulatory Authority shall ex officio issue an order for rectification and impose punishment in accordance with the relevant provisions of the PRC, Telecommunications Regulations.

  Article 48 If anyone violates Article 21 (first paragraph) or 38 hereof, the Telecommunications Regulatory Authority shall ex officio issue an order for rectification, confiscate the illegal income (if any) and impose punishment in accordance with the relevant provisions of the PRC, Telecommunications Regulations.

  PART NINE SUPPLEMENTARY PROVISIONS

  Article 49 These Provisions shall be implemented from the date of promulgation. The Administration of the Interconnection of Telecommunication Networks Tentative Provisions promulgated by the Ministry of Information Industry on 7 September 1999 shall be repealed simultaneously

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