中华人民共和国电信条例 PRC, Telecommunications Regulations

tion to the original permit issuing authority 90 days in advance and carry out the appropriate procedures. If it is ceasing operations, it shall also duly take care of the consequences thereof, in accordance with the relevant State regulations.

　　Article 16　After receiving approval to engage in telecommunications business, the operator shall register with the enterprise registration authority on the strength of its legally obtained telecommunications service operating permit.

　　Operators of dedicated telecommunications networks that operate local telecommunications services shall submit an application in accordance with the conditions and the procedures specified herein and, after receiving approval and obtaining a telecommunications service operating permit, carry out registration procedures in accordance with the provisions of the preceding paragraph.

　　Section Two: Interconnection of Telecommunications Networks

　　Article 17　Interconnection of telecommunications networks shall be effected on the basis of the principles of technical feasibility, economic sense, fairness, impartiality and mutual complementation.

　　Leading telecommunications business operators may not refuse interconnection requests from other telecommunications business operators and operators of dedicated networks.

　　For the purposes of the preceding paragraph, the term "leading telecommunications business operators" means operators that control vital telecommunications infrastructure, have a relatively large share of the telecommunications market and can materially influence the entry of other telecommunications business operators into the telecommunications business market.

　　Leading telecommunications business operators shall be determined by the State Council's department in charge of the information industry.

　　Article 18　A leading telecommunications business operator shall formulate interconnection rules that include such details as the procedure and time limit for network interconnection and a list of unbundled network elements in accordance with the principles of non-discrimination

and transparency. The interconnection rules shall be submitted to the State Council's department in charge of the information industry for its examination and consent. Such connection rules shall be binding on the interconnection activities of the leading telecommunications business operator.

　　Article 19　Interconnections between public telecommunications networks and between public telecommunications networks and dedicated telecommunications networks shall require the holding of consultations and entry into an agreement on network interconnection between the parties to the interconnection in accordance with the regulations for the administration of network interconnections formulated by the State Council's department in charge of the information industry.

　　Network interconnection agreements shall be placed on the record with the State Council's department in charge of the information industry.

　　Article 20　If the consultations between the parties to a network interconnection fail to produce a network interconnection agreement, either party may apply to the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government, depending on the area covered by the network interconnection, for mediation within 60 days from the date a party made the interconnection request. The authority receiving the application shall mediate in accordance with the principles specified in the first paragraph of Article 17 hereof in order to cause the parties to the network interconnection to reach an agreement. If the parties to the network interconnection are unable to reach an agreement through mediation within 45 days after the date either or both parties applied for mediation, the mediating authority shall randomly invite telecommunications technology experts and other experts in related fields to conduct open discussions and put forward a network interconnection plan. The mediating authority shall render a decision based on the conclusions reached by the experts in their discussions and the network interconnection plan they put forward, and forcibly effectuate the interconnection.

　　Article 21　The parties to the network interconnection must effectuate the interconnection within the time limit specified in the agreement or decision. Neither party may sever the interconnection without the approval of the State Council's department in charge of the information industry. If a malfunction occurs in the network interconnection's communications technology, the parties shall promptly take effective measures to eliminate it. If a dispute arises between the parties to the network interconnection during the interconnection of their networks, such dispute shall be handled in accordance with the procedures and methods specified in Article 20 hereof.

　　The quality of communications through the network interconnection shall comply with the relevant State standards. When a leading telecommunications business operator provides network interconnections to other telecommunications business operators, its service quality shall not be inferior to the quality of similar services on its own network or the quality of similar services it provides to its subsidiaries or branches.

　　Article 22　The settlement and apportionment of fees for network interconnections shall be handled in accordance with the relevant State regulations, and no fee additional to the specified rate may be charged.

　　The technical standards, fee settlement methods and specific administration regulations for network interconnections shall be formulated by the State Council's department in charge of the information industry.

　　Section Three: Telecommunications Charges

　　Article 23　Cost shall be the basic principle for the fixing of telecommunications charge rates, while such factors as the de

velopment requirements of the national economy and society, the development of the telecommunications industry and the telecommunications subscribers' ability to pay shall also be taken into consideration.

　　Article 24　Telecommunications charges are divided into those regulated by the market, those guided by the government and those fixed by the government.

　　Charges for basic telecommunications services shall be fixed by the government, guided by the government or regulated by the market. Charges for value-added telecommunications services shall be regulated by the market or guided by the government.

　　Charges for telecommunications services for which there is sufficient competition in the market shall be regulated by the market.

　　The classification list for the administration of telecommunications charges that are fixed by the government, guided by the government or regulated by the market shall be formulated, and published for implementation, by the State Council's department in charge of the information industry after seeking the opinion of the State Council's department in charge of pricing.

　　Article 25　The State Council's department in charge of the information industry shall propose the important telecommunications service charge rates that are to be fixed by the government, seek the opinion of the State Council's department in charge of pricing and issue and implement such charge rates after approval by the State Council.

　　The band for telecommunications service charge rates that are to be guided by the government shall be formulated, and published for implementation, by the State Council's department in charge of the information industry after seeking the opinion of the State Council's department in charge of pricing. Telecommunications business operators shall autonomously determine their charge rates within the band and file their charge rates with the telecommunications administration authority of the province, autonomous region or municipality directly under the central government for the record.

　　Article 26　When formulating telecommunications service charge rates that are to be fixed or guided by the government, the opinions of telecommunications business operators, telecommunications subscribers and other relevant parties shall be obtained through the holding of hearings.

　　Telecommunications business operators shall submit accurate and complete business cost data and other relevant information pursuant to the request of the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government.

　　Section Four: Telecommunications Resources

　　Article 27　The State shall make unified plans for, centrally administer and rationally allocate telecommunications resources and implement a system of compensation for use thereof.

　　For the purposes of the preceding paragraph, the term "telecommunications resources" refers to such limited resources used to enable telecommunications functions as radio frequencies, orbital slots and telecommunications network numbers.

　　Article 28　Telecommunications business operators that possess or use telecommunications resources shall pay a telecommunications Resource fee. The specific measures for charging fees shall be formulated by the State Council's department in charge of the information industry in concert with the State Council's finance department and department in charge of pricing, and, after approval by the State Council, be published for implementation.

　　Article 29

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